MINELRES: Bulgaria: No progress with the Anti-discrimination Act
MINELRES moderator
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Tue Apr 15 19:06:58 2003
Original sender: Emil Cohen <[email protected]>
HUMAN RIGHTS PROJECT*
PRESS RELEASE
Bulgaria: Deputy Chairman of the Movement for Rights and Freedoms said
the party will not tolerate more the delay with the adoption of the
Anti-discrimination Act.
Sofia, April 10, 03 � At round table devoted on the Roma National Day �
8 April, Mr. Lutfi Mestan, Deputy Chairman of the Movement of Rights and
Freedoms (MRF is a party of the Turkish minority in Bulgaria; it is a
part of the ruling majority that consists of the National Movement
Simeon the Second and of MRF) said the party will not tolerate more the
delay with the acceptance of the Anti-Discrimination Act.
As it is well known, at the middle of September 2002 the Council of
Ministers approved a draft for Anti-Discrimination Act. It was
developed by the assistance of the leading HR groups in our country
and by according to the opinion of a lot of experts the draft is in
accordance with the standards of EU (in particular with the Directives
2000/43/EC) on the subject. Especially it provides that special body
titled "Commission for prevention of discrimination" should
investigate the complaints of the victims and would impose obligatory
instructions on the breakers. That Commission has also according to
the draft a right to impose fines. Beside the draft introduces the
principle of the reversal of the burden of proof, as it is required by
the Art. 8 of the Council�s Directive # 43. It is provided also in the
draft that the non-for profit organizations would have right to lodge
complaints on behalf of the groups that they represent.
According to the requirements of the Rules of the National Assembly
the draft had to be introduced into the plenary hall at latest by the
end of the last year. The draft has been discussed at the appropriate
parliamentary commissions and has got a positive assessment. By
suddenly a negative opinion on the draft worked by the so-called
"Consultative Council on the legislation" that is subsidiary body
attached to the Chair of the National Assembly has happened. The
opinion holds that the new draft is too detailed also that instead
this draft it would be better a new one to be elaborated. By their
opinion our country needs a framework law that has to be general and to
prohibit the discrimination. They object especially to the reversal
burden of the proof. In a result the Chair of the Parliament Mr.
Ognian Gerdjikov (he is Professor in Jurisprudence) has stopped the
moving of the draft.
On February 25, 02 seven leading human rights NGOs from Bulgaria
together with three international HR organizations (ERRC, Migration
Policy Group and Interights) sent a joint open letter to Mr.
Gerdjikov. In the letter the organizations expressed their protest
against the delay with the progress of the draft of the
Anti-discrimination Act. Unfortunately till now there has not been any
response from the Chair of the National Assembly.
The lack of a response is the reason that the statement of Mr. Lutfi
Mestan is an important one. The Movement of Rights and Freedoms is a
part of the ruling majority. Without the help of the fraction of MRF
the ruling party can�t keep the parliamentary majority. Because of
this the pressure that the fraction of MRF can exercise on the bigger
part of the majority � the fraction of the "National Movement Simeon
the Second" would be of key importance for the progress of the draft.
Human Rights Project that is one of the co-authors of the draft will
watch carefully the development of the situation with the
Anti-discrimination Act. We are ready together with other human rights
groups to organize a civil campaign in support of the progress of the
draft.
On behalf of HRP:
Emil Cohen
__________________
*Human Rights Project was established in the summer of 1992 as a
non-profit organization focusing on monitoring the human rights
situation of the Roma in Bulgaria, and on legal defense in cases of
serious human rights abuses. The HRP monitors the human rights
situation of the Roma community in Bulgaria and reports on the cases
which it had investigated; works with Roma volunteers from all over
the country who report on the human rights observation in their
region; conduct independent extrajudicial investigation into
allegations of human rights violations against Roma; hire lawyers to
take up selected cases and monitors the process of legal defense;
advocates legislative and policy changes in favor of Roma.
Rumian Russinov is Chair of the Board of HRP.
Dimitrina Petrova and Nikolai Gouginski are members of the Board.
Emil Cohen [email protected] is Executive Director.
Our address: 23 Solunska St., 6th floor; 1000 Sofia, Bulgaria
Tel./fax: (+359 2) 986 35 46 and (+359 2) 981 50 66;
E-mail: [email protected] and [email protected]