UN Committee Deeply Concerned about Human Rights in Bulgaria

Bulgaria needs to address the gap between the human rights rhetoric and reality, the UN Human Rights Committee has stated reviewing the country's third periodic report on the implementation of the International Covenant on Civil and Political Rights (ICCPR).

The Committee said it identified a range of concerns, from systematic issues effecting the general implementation of the ICCPR to detailed substantive points. They were disturbed by the declaration of the Supreme Administrative Court on 7 July 2011 that the ICCPR was only binding on the State, not on the judiciary, the Committee pointed out in a press release.

The Committee also noted that a number of recommendations from other UN bodies have not yet been implemented. These include recommendations from the Committee against Torture on issues related to the concerns of the Human Rights Committee, such as the definition and criminalisation of torture, as well as the Committee on the Rights of the Child's recommendations on the elimination of all corporal punishment of children.

Substantively, the Committee considered that reports of racially or religiously motivated hate speech and attacks it classified as worrying and that the information provided by NGOs suggests that investigation of these incidents is inadequate.

The Committee was also concerned about other groups that suffer discrimination, including the Macedonian minority and the Roma. With regard to the Roma, Committee members highlighted the wide ranging impact that evictions have on civil and political as well as economic and social rights.

The Committee stated it was deeply troubled by information provided by the NGOs on the use of force by police, particularly the provisions allowing the use of firearms, although they welcomed the news that these provisions of the Law on the Ministry of Interior are being amended.

Several NGOs from Bulgaria took the opportunity offered by the review to draw issues of especial concern to the attention of the Committee.

Throughout the review the Committee members relied heavily on the information provided by Bulgarian NGOs to supplement that offered by the State and addressed many of the NGOs' concerns. NGO reports highlighted gender stereotyping as demonstrated through the practice of the media and the failure of provisions on domestic violence to protect victims and provide a remedy.

The NGOs also emphasised the arbitrary detention of persons with mental or intellectual disabilities in social care institutions. The individuals concerned are often not involved in the process and do not have access to regular reviews of their placement in these institutions.

These concerns are exacerbated by ongoing issues around the conditions in these institutions, including the use of physical restraints and unnecessary use of drugs, the Committee states. Committee members also raised with the State delegation points made by the NGOs relating to the confinement of 'anti-social' and 'delinquent' juveniles in correctional schools.

As a conclusion, the UN Human Rights Committee has declared that, although the Bulgarian state can point to a number of new policies, programs and action plans, questions remain about the implementation of these programs and human rights standards on the ground.

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