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Released by the Bureau of Democracy, Human Rights, and Labor, February 26, 1999.
Bulgaria is a parliamentary republic ruled by a democratically
elected government. President Petar Stoyanov of the Union of Democratic
Forces (UDF) began a 5-year term of office in January 1997 following
his election in late 1996. UDF leader Ivan Kostov currently serves
as Prime Minister. The judiciary is independent but suffers from
corruption and continues to struggle with structural and staffing
problems.
Most internal security services are the responsibility of the
Ministry of the Interior (MOI), which exercises improving but
incomplete control of the police, the Central Service for Combating
Organized Crime, the National Security Service (civilian intelligence),
internal security troops, border guards, and special forces. The
Special Investigative Service (SIS) is responsible to the Chief
Prosecutor. Some members of the police committed serious human
rights abuses.
The post-Communist economy continued to be heavily dependent on
unprofitable state enterprises, although the growing private sector
now accounts for about 50 percent of economic activity. Most persons
are employed in the industrial and service sectors; key industries
include food processing, chemical and oil processing, metallurgy,
and energy. Principal exports are agricultural products, cigarettes
and tobacco, chemicals, and metal products. Following a severe
financial and economic crisis in 1996 and early 1997, the new
reformist government introduced a successful macroeconomic stabilization
program. The Government places a great deal of emphasis on attracting
foreign investment and promised far-reaching structural reforms
to make the country a viable candidate for European Union membership,
although privatization has not moved forward as quickly as hoped.
The annual per capita gross domestic product of $1,115 provides
a relatively low standard of living.
The Government generally respected the human rights of its citizens;
however, problems remained in some areas. Police used questionable
lethal force against three suspects. Security forces beat suspects
and inmates and at times arbitrarily arrested and detained persons.
Reforms designed to increase accountability have improved the
Government's control over the security forces, although control
remains incomplete. A climate of impunity persists and inhibits
government attempts to end police abuses. Conditions in some prisons
were harsh, pretrial detention was often prolonged, and inspection
visits were not allowed in some prisons. The judiciary is underpaid,
understaffed, and has a heavy case backlog; corruption is a serious
problem. A journalist investigating crime and corruption was physically
attacked. Constitutional restrictions on political parties formed
on ethnic, racial, or religious lines effectively limit participation
for some groups. Police, local government authorities, and private
citizens continued to obstruct the activities of nontraditional
religious groups, although there was some improvement in their
treatment by central government authorities. Violence and discrimination
against women remained serious problems, and some women were also
victims of trafficking and forced prostitution. Discrimination
and societal violence against Roma were serious problems. Because
of a lack of funds, social services did not adequately assist
homeless and other vulnerable children, notably Romani children.
Security forces harassed, physically abused, and arbitrarily arrested
and detained Romani street children. Child labor was a problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political and Other Extrajudicial Killing
There were no reports of political killings.
In three cases, police officers used questionable lethal force
against citizens, two of whom were members of the Roma minority.
However, there were no reports of deaths in custody.
On January 30, Tzvetan Kovachev was shot and killed by police
officers while fleeing from them in Kostinbrod. Human rights groups
expressed concern that Kovachev did not threaten police with a
lethal weapon but was simply seen in the company of a fleeing
murder suspect. He was killed by a bullet wound behind the right
temple. No investigation of police conduct took place.
On June 20, police fatally shot Yordan Yankov in the Ovcha Kupel
district of Sofia. Police claimed that Yankov's shooting was a
case of mistaken identity, as they were at that time chasing fleeing
criminal suspects in the vicinity. When told to halt, Yankov,
also a member of the Roma minority and also unarmed, fled in fear
and was shot. Yankov also died of a gunshot wound to the head.
Witnesses claimed that he was hit first by a bullet in the foot,
which immobilized him, before receiving the fatal wound to the
head. The policeman who fired the fatal shot was indicted for
murder. However, the court found that there was a conflict of
interest on the part of the investigator and returned the case
to the prosecutor's office. The investigation again was pending
at year's end.
In October 16-year-old Staniela Bugova was killed by police when
her brother's car was stopped in a routine check near the town
of Sliven. Bugova, who was seated in the back of the car while
one policeman checked her brother's documents, was shot in the
head when another policeman present discharged his assault rifle,
apparently by accident. An investigation is underway, and the
officer who fired the fatal shot was charged with manslaughter.
A public scandal ensued, and the Minister of Interior demanded
and received the resignation of the national police director of
the region.
An incident of racial violence resulted the death of a Rom in
May at the hands of skinheads (see Section 5).
Several cases of deaths in custody in 1997 remain unsolved. Investigations
still were pending in the cases of Stefan Stanev and Georgi Biandov.
The investigation into the 1997 death of Elin Karamanov was suspended
for lack of evidence. In the 1997 case regarding the fatal shooting
of Vasil Kalinov, charges against the civilian who fired the fatal
shot were dropped on the grounds of insufficient evidence. The
policeman accused of beating Mincho Simeonov to death in 1997
was convicted, but his appeal was pending at year's end. The investigation
into the case of Kolo Todorov, a Rom arrested in 1997 for theft
who was shot and killed while trying to escape detention, was
suspended for lack of evidence.
The murder of former Prime Minister Andrei Lukanov in 1996 remains
unsolved. In July the investigation once again was extended. The
European Court of Human Rights agreed to hear the case of Anguel
Zabchikov, a 17-year-old Rom who died in police custody in Razgrad
in 1996. The police officer accused of murdering Orthodox priest
Yordan Tsolov in 1994 was convicted; his appeal was pending at
year's end. In February four policemen were convicted of murdering
an ethnic Turk during a protest against the forced assimilation
campaign in 1989; the highest sentence meted out was 2½ years
(see Section 1.e.).
In October the Government closed the case of the unresolved "umbrella"
murder of dissident Georgi Markov in 1978 in London, when he was
injected with a poison pellet from the tip on an umbrella. Markov's
family believed that former Communist dictator Todor Zhivkov had
ordered the killing.
There was no progress in the trial concerning the notorious death
camps set up by the Communists after they took power in 1944.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution expressly prohibits torture and cruel, inhuman,
or degrading treatment. Despite this prohibition, police beat
criminal suspects and members of minorities. In particular, security
forces physically abuse Romani street children. There were also
allegations that police beat nonviolent protesters (see Section
6.a.).
The Human Rights Project (HRP) reported that on March 10, police
beat Rossen Alekov, a 15-year-old Rom from Shumen, after he was
taken into custody on suspicion of theft (a restaurant owner claimed
that he had not paid his bill). Alekov was struck on the legs
and back with a wooden truncheon and has forensic evidence (a
medical certificate) for the injuries he sustained. A complaint
was filed with the Military Prosecutor's Office.
The HRP also reported that on July 10 approximately 80 policemen
raided the village of Mechka and beat more than 30 Roma with truncheons,
broke down doors, and smashed windows and furniture in Romani
houses. The policemen beat men, women, and children indiscriminately
while insulting the villagers with ethnic slurs. Those beaten
reported that the police showed no warrants (with one exception,
approximately 30 minutes before the real raid began) and gave
no explanation for their actions. A 10-year-old boy's arm was
fractured with a truncheon. A disabled resident who was unable
to flee also was beaten. Altogether, despite initial difficulties
in obtaining medical (forensic) certificates, 15 residents eventually
obtained them, and 9 complaints were submitted to the Military
Prosecutor's Office. By year's end, no action had been taken on
the complaints.
According to Ministry of Interior data, 106 cases of police brutality
were confirmed for the period June 1, 1997, to April 30, 1998.
Legal proceedings were initiated in 44 cases, 4 officers were
convicted, 26 officers were dismissed, and 63 were sanctioned.
By comparison, MOI figures show that 21 complaints were filed
regarding police brutality in 1996, 3 of which were judged justified.
The police generally have refused to make investigative reports
available to the public. The MOI statistics reflect only those
complaints registered by the alleged victims. Human rights monitors
report that they receive many more complaints from persons who
are too intimidated to lodge an official complaint with the authorities.
Reports continue that criminal suspects in police custody run
a significant risk of being mistreated. Human rights observers
fear that conditions in SIS detention facilities may be exceptionally
poor, since they have been unable to obtain access to them to
conduct inspections.
There were fewer reports during the year of serious police abuses.
Some policemen were punished for excesses, although the investigation
process is not sufficiently expeditious or transparent. Changes
in personnel and structures in the MOI, the prosecutor's office,
and the Ministry of Justice all contributed to tightening control
and accountability. Minister of Interior Bogomil Bonev immediately
disbanded the renegade "special police unit" following
an egregious example of collective human rights abuse by the unit
in July 1997. Bonev also implemented a "zero tolerance"
campaign during the year that apparently reduced police abuses.
The Ministry also recognized that outside training and long-term
consultations with Western law enforcement agencies are instrumental
in developing greater control and effectiveness in law enforcement.
Conditions in some prisons are harsh and include severe overcrowding,
inadequate lavatory facilities, and insufficient heating and ventilation.
Credible sources reported cases of brutality committed by prison
guards against inmates; in some cases, prisoners who complained
were placed in solitary confinement. The Bulgarian Helsinki Committee
(BHC) reports that tuberculosis is a growing problem in prisons,
especially in those that do not have their own in-house enterprises
or agricultural production and hence lack the additional resources
to purchase more food. The process by which prisoners may complain
of substandard conditions or of mistreatment does not appear to
function effectively.
The Government cooperated fully with requests by independent observers
to monitor conditions in those prisons under the authority of
the Ministry of Justice. However, this was not the case for the
detention centers operated by the SIS (see Section l.d.).
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides for protection against arbitrary arrest
and detention; however, police often arbitrarily detain and arrest
street children, particularly Roma.
The Constitution provides for access to legal counsel from the
time of detention. Police normally obtain a warrant from a prosecutor
prior to apprehending an individual; otherwise, in emergency circumstances
judicial authorities must rule on the legality of a detention
within 24 hours. Defendants have the right to visits by family
members, to examine evidence, and to know the charges against
them. Charges may not be made public without the permission of
the chief prosecutor. Pretrial detention is limited to 2 months
under normal circumstances, although this may be extended to 6
months by order of the chief prosecutor, who also may restart
the process. In practice, persons often are detained for well
over 6 months. In May Deputy Minister of Justice Zlatka Rousseva
stated that some detainees have spent up to 2 years in prison
without a trial. Rousseva publicly acknowledged that such prolonged
pretrial detention constitutes a human rights violation. Under
the terms of a 1997 amendment to the Code of Criminal Procedure,
pretrial detention can last no more than a year or, if the alleged
offense is punishable by over 15 years' imprisonment, life imprisonment,
or capital punishment, no more than 2 years.
As of July 1, according to the Ministry of Justice, 993 inmates
were in pretrial detention, 1,960 were on trial, and 8,861 were
convicted (for a total inmate population of 11,814). These figures
do not include prisoners held by the SIS, which reported that
as of June 30 its detainees numbered 3,257, of which 842 were
in pretrial detention. The BHC reported that it again attempted
without success in November to gain access to the SIS's facilities
in order to investigate allegations of abuse.
In the event of a conviction, the time spent in pretrial detention
is credited toward the sentence. The Constitution provides for
bail, and some detainees have been released under this provision,
although bail is not used widely.
The Government does not use forced exile.
e. Denial of Fair Public Trial
Under the Constitution, the judiciary is granted independent and
coequal status with the legislature and executive branch; however,
the judiciary continues to struggle with problems such as low
salaries, understaffing, antiquated procedures, corruption, and
a heavy backlog of cases. Partly as a legacy of communism and
partly because of the court system's structural and personnel
problems, many citizens have little confidence in the judicial
system. Human rights groups complain that local prosecutors and
magistrates sometimes fail to pursue vigorously crimes committed
against minorities. Many observers believe that reforms are essential
to establish a fair and impartial, as well as efficient, judicial
system.
Local observers contend that organized crime influences the prosecutor's
office. Few organized crime figures have been prosecuted to date,
but in 1997 the Government made the battle against organized crime
a priority and reformed the Penal Code to that end. In August
1998, law enforcement authorities raided the headquarters of a
large conglomerate accused of trafficking in smuggled sugar to
investigate alleged links to organized crime, but the prosecutor's
office canceled the search warrant while the raid was in progress.
The MOI has requested and received assistance from Western countries
in its efforts to close legal loopholes and strengthen enforcement
capabilities against criminal economic groupings engaged in racketeering
and other illegal activities.
A new law passed by the National Assembly in November is intended
to reform the judiciary and remove the more cumbersome aspects
of its functioning, such as the long delays created by the referral
of cases back and forth between different offices. It also increases
executive branch oversight of judges and prosecutors. In August
the Council of Europe Parliamentary Assembly's Observation Committee
questioned some aspects of the law that the Committee believed
could limit the independence of the judiciary.
The court system consists of regional courts, district courts,
and Supreme Courts of Cassation (civil and criminal appeal) and
Administration. The Constitutional Court, which is separate from
the rest of the court system, is empowered to rescind legislation
that it considers unconstitutional, settle disputes over the conduct
of general elections, and resolve conflicts over the division
of powers between the various branches of government. Military
courts handle cases involving military personnel and some cases
involving national security matters. The Constitutional Court
does not have specific jurisdiction in matters of military justice.
Judges are appointed by the 25-member Supreme Judicial Council
and, after serving for 3 years, may not be replaced except under
limited, specified circumstances. This effective inability to
replace judges virtually regardless of performance often has been
cited as a hindrance to effective law enforcement. The 12 justices
on the Constitutional Court are chosen for 9-year terms as follows:
a third are elected by the National Assembly, a third appointed
by the President, and a third elected by judicial authorities.
The Constitution stipulates that all courts shall conduct hearings
in public unless the proceedings involve state security or national
secrets. No complaints were reported about limited access to courtroom
proceedings. Defendants have the right to know the charges against
them and are given ample time to prepare a defense. The right
of appeal is provided for and is used widely. Defendants in criminal
proceedings have the right to confront witnesses and to have an
attorney, provided by the state if necessary, in serious cases.
Human rights observers consider "Educational Boarding Schools"
(formerly known as "Labor Education Schools") to which
problem children can be sent as little different from penal institutions.
However, since the schools are not considered prisons under the
law, the procedures by which children are confined in these schools
are not subject to minimal due process. Human rights monitoring
groups such as the Bulgarian Lawyers for Human Rights criticize
this denial of due process. Children sometimes appear alone despite
the requirement that parents must attend hearings; the law expressly
prohibits the right to an attorney at the hearing. Decisions in
these cases are not subject to judicial review, and children typically
stay in the Educational Boarding Schools for 3 years or until
they reach majority age, whichever occurs first. In 1996 the Parliament
enacted legislation that provided for court review of sentences
to such schools, set a limit of a 3-year stay, and addressed other
problems in these institutions (see Section 5). Some observers
dismiss this court review provision as a formality, since the
child is not present to speak on his or her own behalf (nor is
the defense lawyer or the child's parents).
There was no progress in a case begun in 1993 relating to the
forced assimilation and expulsion of ethnic Turks in 1984-85 and
1989; one of the three defendants, former Communist dictator Todor
Zhivkov, died in August.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or Correspondence
The Constitution provides for the inviolability of the home, the
right to choose one's place of work and residence, and the freedom
and confidentiality of correspondence. Government authorities
generally respect these provisions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press,
and the Government generally respects this right in practice.
For most of the year, the legal situation for the media (beyond
the constitutional provisions) remained unclear. However, with
the passage of the media law in November the situation in the
electronic media finally was regularized, after years of uncertainty
and administrative ad hoc measures. How well the law functions
was expected to become clear during the course of 1999, when new
licenses for frequencies are issued. Considerable concern remains
among the media that the controlling boards established under
this law and the law on telecommunications are not free of political
control by the parliamentary majority party. Despite previous
legal uncertainties, the broadcast media operated reasonably freely.
Nevertheless, there were accusations of political censorship in
February when an episode of the satirical television program "Hushove"
(Bulgarian for exiles or outcasts) was canceled immediately following
a critical and unflattering portrayal of the Government. Although
the reason given by the director of Bulgarian National Television
(BNT) for the show's cancellation was an alleged failure to comply
with advertising rules, others charged that the cancellation was
a politically motivated vendetta.
Among media professionals and the broader public, the belief persists
that the Government exerts an unduly large influence on the media
though official channels, i.e., the Radio and Television Council,
and unofficially by influencing advertisers not to use media outlets
that are too critical of government policy or officials. While
such claims are widely made and believed, little hard evidence
exists to document concrete examples of government intimidation
of editors or their broadcasters.
A variety of newspapers are published freely by political parties
and other organizations representing the full spectrum of political
opinion; many reflect the views of their ownership.
According to the nongovernmental organization (NGO) Human Rights
Watch, at least 11 violent attacks were carried out against media
representatives, including physical assaults and bombings of newspaper
offices. Attempts to intimidate journalists investigating corruption
were thought to be the motivation for the attacks.
Libel is punishable under the Criminal Code, and several human
rights organizations, as well as a majority of the journalistic
community, believe that prosecutors use their authority to issue
arrest warrants to intimidate free expression in the press, particularly
when such expression is critical of the Prosecutor's Office. In
recent years this law has been used sparingly, but there have
been two cases in the last 2 years in which reporters have been
convicted of libel and sentenced to prison terms or large fines.
The Council of Europe Parliamentary Assembly's Observation Committee
announced in August that it would review problems with media independence.
Pending enactment of the new media legislation, national television
and radio broadcasting both remained under parliamentary supervision.
Some media observers expressed concern that such parliamentary
supervision fosters censorship and a lack of balance in the state-controlled
media.
Only the two state-owned national television channels, have nationwide
coverage. The Government announced plans to close down one of
the channels in the fall and to privatize it. Although privatization
has yet to occur, the second channel implemented a gradual shutdown
of its own programming, reducing original news production to 5
minutes per day and broadcasting archived programs and old movies
the rest of the time. To date plans for the national television
station to broadcast in Turkish have not been implemented. However,
there is limited radio broadcasting in Turkish on the national
radio's local affiliates in regions where there is a sizable Turkish-speaking
population.
Television and radio news programs on the state-owned media present
opposition views, but opposition members claim that their activities
and views are given less broadcast time and exposure than those
of the ruling party. There are no formal restrictions on programming.
Both television and radio provide a variety of news and public
interest programming.
Human Rights Watch reported that in March the national radio removed
journalist Diana Yakulova from the air for a month for using anonymous
information regarding the Minister of the Interior. BNT dismissed
Svetoslava Tadarakova in March for "statements in the media
[which] ruin the good reputation of Bulgarian National Television."
There are more than 30 independent radio stations (all local or
regional). Most have licenses, but due to the fact that the new
media law had yet to be implemented fully, these stations are
technically illegal, since their licenses expired and there was
no valid mechanism for renewal. Some private stations still complain
that the strength of their transmissions is restricted unduly,
with the result that they cannot compete fully with national (state-owned)
radio. All transmission facilities are owned by the central Government.
Foreign government radio programs such as the British Broadcasting
Corporation, Deutsche Welle, and the Voice of America have good
access to commercial radio frequencies.
Private book publishing remained unhindered by political considerations.
The Government respects academic freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to peaceful assembly,
and the Government generally respected this right in practice.
The authorities require permits for rallies and assemblies held
outdoors, but most legally registered organizations routinely
were granted permission to assemble. Vigorous political rallies
and demonstrations were a common occurrence and generally took
place without government interference. However, in April police
broke up attempts by the unregistered, self-proclaimed Macedonian
rights group, OMO-Ilinden, to hold a public demonstration near
Rozhen. Police reportedly prevented OMO-Ilinden members from marching
to the grave of the Macedonian revolutionary leader Jane Sandanski;
one protester claimed that police beat him and broke several teeth.
Mayor Stefan Sofiyanski also banned an OMOIlinden demonstration
in August in Sofia.
Police broke up Jehovah's Witnesses' meetings and services in
February and in May in the city of Burgas, and in Kyustendil in
May. Also in May, two members of Jehovah's Witnesses were each
fined $280 (Lev 500,000 --more than twice the average monthly
salary) by local authorities for a conducting a religious gathering
behind closed doors in Plovdiv. Jehovah's Witnesses were formally
registered on October 7 (see Section 2.c.).
The Government has undertaken to respect the rights of individuals
and groups to establish freely their own political parties or
other political organizations. However, there are constitutional
and statutory restrictions that limit the right of association
and meaningful participation in the political process. For example,
the Constitution forbids the formation of political parties along
religious, ethnic, or racial lines and prohibits "citizens'
associations" from engaging in political activity. This provision
is designed to prevent the development of parties based on a single
ethnic or other group that could prove divisive for national unity
by stirring up ethnic tension for political purposes. Nonetheless,
the mainly ethnic Turkish Movement for Rights and Freedoms (MRF)
is represented in Parliament. The other major political parties
generally accept the MRF'S right to participate in the political
process, although former member of the National Asembly Roumen
Vodenicharov challenged the MRF's legitimacy in a blatantly racist
speech delivered at the funeral of former dictator Todor Zhivkov
in August (see Section 2.d.).
The Constitution also prohibits organizations that threaten the
country's territorial integrity or unity, or that incite racial,
ethnic, or religious hatred. The Government has refused since
1990 to register OMO-Ilinden, on the grounds that it is separatist.
However, there were no reports of any prosecutions for simple
membership in this group.
c. Freedom of Religion
Although the Constitution provides for freedom of religion, the
Government restricts this right in practice for some non-Orthodox
religious groups. The government requirement that groups whose
activities have a religious element register with the Council
of Ministers remained an obstacle to the activity of some religious
groups, such as the Unification Church, prior to or in the absence
of registration. The lack of registration was an obstacle to the
activities of Jehovah's Witnesses early in the year, prior to
the group's registration in November. Local authorities cite the
lack of registration as a pretext for interference against some
groups and employ arbitrary harassment tactics against others.
The ability of a number of religious groups to operate freely
continued to come under attack, both as a result of action by
local government authorities and because of public intolerance.
The National Assembly passed a law on alternatives to military
service in October, which entered into force on January 1, 1999.
Under this new law, alternative service is to be twice as long
as military service (military service is 9 months for university
graduates and 12 months for others). Passage of this legislation
led to the registration of Jehovah's Witnesses. A member of Jehovah's
Witnesses who refused to serve in the military was sentenced to
a jail term before the registration occurred, but he is appealing
the verdict and is not in custody.
The Ministry of Education introduced a course on religion in the
secondary school curriculum beginning with the 1998-99 school
year. Originally conceived as a "world religion" course
that avoids endorsing any particular faith, members of other religions,
especially ethnic Turkish Moslems, maintain that the Bulgarian
Orthodox Church receives privileged coverage in the textbooks.
The religion course is optional and is not available at all schools.
Numerous articles in a broad range of newspapers drew lurid and
inaccurate pictures of the activities of non-Orthodox religious
groups, attributing the breakup of families and drug abuse by
youths to the practices of these groups and alleging that Evangelicals
were drugging young children. Jehovah's Witnesses were subjected
to a particularly negative press campaign in the port city of
Burgas. In addition to the action taken by police in Burgas to
break up gatherings of Jehovah's Witnesses in February, according
to one report, police also confiscated religious books and leaflets.
In May police broke up Jehovah's Witness gatherings in both Burgas
and Kyustendil (see Sections 2.b. and 5). Two members of Jehovah's
Witnesses were detained in Burgas in June for proselytizing. Mormon
missionaries reported several incidents of police harassment.
Although incidents involving police took place throughout the
country, official harassment was worst in the cities of Burgas
and Plovdiv, where local authorities disregarded the law by arbitrarily
denying Mormons the right to proselytize (in Burgas) and to have
a legally registered place of residence (in both Burgas and Plovdiv).
These incidents lend credence to charges by human rights observers
that the police are monitoring and interfering with the activities
of many religious groups.
The Constitution designates Eastern Orthodox Christianity as the
"traditional" religion. The Government provides financial
support for the Eastern Orthodox Church and other denominations
that it considers to be "traditional." Along with the
Orthodox Church, the Muslim, Catholic, and Jewish minority religious
communities are generally perceived as maintaining a longstanding
place in society and hence benefit from a relatively high degree
of tolerance, as well as some government financial support.
For most registered religious groups there were no restrictions
on attendance at religious services or on private religious instruction.
A school for imams, a Muslim cultural center, university theological
faculties, and religious primary schools operated freely. Bibles
and other religious materials in the Bulgarian language were freely
imported and printed on most occasions, and Muslim, Catholic,
and Jewish publications were published on a regular basis. Nevertheless,
police confiscated religious literature during Jehovah's Witnesses'
gatherings.
During compulsory military service most Muslims are placed in
construction units where they often perform commercial or maintenance
work rather than serve in normal military units. The mainly ethnic-Turkish
MRF protests this practice (see Section 5).
There were no indications that the Government discriminated against
members of any religious group in making restitution to previous
owners of properties that were nationalized during the Communist
regime. The Government has in general actively supported property
restitution to a group representing the Jewish community, although
the return of two lucrative commercial Jewish communal properties
continues to face administrative obstacles.
At the Department of Theology of Sofia University all students
are required to present a certificate of baptism from the Orthodox
Church, and married couples must present a marriage certificate
from the Church in order to enroll in the Department's classes.
In 1996 two non-Orthodox applicants were denied admission to the
Department when they were unable to present such certificates.
The applicants then appealed to the local court, which decided
in favor of both applicants. However, following the court decision
the University changed its requirements, effectively further excluding
both students.
The schism that opened in the Orthodox Church in 1992 continued,
and the Government refused to recognize an alternative Patriarch
elected by supporters in 1996. The Supreme Court ruled that the
decision was unlawful, but the alternate Patriarch remained unregistered.
The Government nevertheless encouraged the feuding factions to
heal their prolonged rift. By year's end, these efforts had not
met with success.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
The Constitution provides for freedom of movement within the country
and the right to leave it, and these rights are not limited in
practice, with the exception of border zones where access is limited
for nonresidents (the border zones extend 1.2 to 3 miles from
each border). In November President Stoyanov vetoed the law on
aliens over provisions that deny citizens the right to appeal
refusal of a passport on national security grounds. Stoyanov stated
that the bill violates human rights norms and that following 45
years of international isolation, the populace was sensitive to
restrictions on foreign travel. Every citizen has the right to
return to Bulgaria, may not be forcibly expatriated, and may not
be deprived of citizenship acquired by birth. In the first half
of the year, citizenship was restored to 286 applicants who lost
their citizenship during the Communist era; 7 such applicants
were refused on national security grounds.
The Government grants asylum or refugee status in accordance with
the standards of the 1951 United Nations (U.N.) Convention Relating
to the Status of Refugees and its 1967 Protocol. In the absence
of a refugee law, the procedures followed by the governmental
National Bureau for Territorial Asylum and Refugees (NBTAR) are
regulated by an ordinance for granting and regulating refugee
status. The Government provides first asylum. However, domestic
and international human rights organizations expressed concern
over the Government's handling of asylum claims and reported that
there may be cases in which bona fide refugees are turned away
at the border and forced to return to countries where they fear
persecution. The NBTAR asserts that it gives a fair hearing to
all persons who seek asylum or refugee status but admits that
there may be cases that do not come to its attention before applicants
are returned to the country from which they entered. For the period
January 1 to August 31, the MOI reports that 2,843 persons were
denied entry; it is not known how many of these requested asylum.
The NBTAR reports that, from its inception in 1993 until June
30, a total of 2,367 persons applied for asylum. In the first
5 months of 1998, 367 applied, 30 were approved, and 48 were refused;
for 126 applicants the procedure was terminated (usually because
the applicant could not be found). Domestic and international
human rights organizations complain that the adjudication process
is slow; the office of the U.N. High Commissioner for Refugees
(UNHCR) notes that it can take up to 4 years. The UNHCR, in cooperation
with a local NGO, opened three transit centers in 1997 and 1998
in areas close to the Greek, Turkish, and Romanian borders. The
Government opened a small reception center in Banya (in the Nova
Zagora region, not far from the Greek and Turkish borders), also
with assistance from the UNHCR. Plans to open a reception center
at the Sofia airport have been delayed due to a lack of funding.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government and head of
state through the election of the President and of the members
of the National Assembly, although the Constitutional prohibition
of parties formed on ethnic, racial, or religious lines has the
effect of circumscribing access to the political party process
for some groups (see Section 2.b.), particularly those Roma who
have expressed a desire to create their own party. Suffrage is
universal at the age of 18.
No legal restrictions hinder the participation of women in government
and politics, although they are underrepresented. Women hold just
under 11 percent of the seats in the current Parliament. However,
a number of women hold elective and appointive office at high
levels, including three cabinet-level posts and several key positions
in Parliament. The Minister of Foreign Affairs and the leader
of the UDF parliamentary group (the dominant party in the Government)
are both women.
No legal restrictions hinder the participation of minorities in
politics, apart from the prohibition of ethnically, racially,
or religiously based parties. However, while ethnic Turks' representation
in the National Assembly is close to commensurate with their share
of population, there are no Romani members of Parliament. Both
groups are underrepresented in appointed governmental positions,
especially leadership positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Local and international human rights groups operate freely, investigating
and publishing their findings on human rights cases. Government
officials, especially local officials, occasionally are reluctant
to provide information or active cooperation. The failure of the
SIS to allow access by human rights groups to its detention centers
is of particular concern.
The National Assembly has a committee on human rights and religions.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides for individual rights, equality, and
protection against discrimination, but in practice discrimination
still exists, particularly against Roma and women. Local human
rights groups reported progress in religious tolerance among the
public at large and among central government officials and institutions,
although problems of intolerance persist in some areas as a result
of local government or private action.
Women
Domestic abuse is a serious and common problem, but there are
no official statistics on its occurrence. Spousal rape is a crime
but rarely is prosecuted. The law exempts from state prosecution
certain types of assault if committed by a family member, and
the Government does not assist in prosecuting crimes of domestic
assault unless the woman has been killed or injured permanently.
Courts and prosecutors tend to view domestic abuse as a family
rather than criminal problem, and in most cases victims of domestic
violence take refuge with family or friends rather than approach
the authorities. No government agencies provide shelter or counseling
for such persons, although the municipality of Sofia promised
a building to the Animus Association (AA), an NGO that offers
help and support to female victims of violence, to use as a shelter
for abused women. The courts prosecute rape, although it remains
an underreported crime because some stigma still attaches to the
victim. The maximum sentence for rape is 8 years; convicted offenders
often receive a lesser sentence or early parole. MOI figures show
that during the first half of the year, 309 rapes and 58 attempted
rapes were reported.
The AA reported 348 cases of domestic violence, 35 cases of sexual
violence, and 30 cases of trafficking in women between January
and August. Its total caseload thus increased several times over
the same period the year before. Possible explanations for this
increase include not only a successful publicity campaign but
also an evolution in attitudes towards violence against women.
Women apparently are now more inclined to seek help from such
organizations. The actual incidence of each form of violence is
certainly much higher, as these represent those cases in which
the victim (or, in some trafficking cases, an overseas women's
group) was willing and able to contact the AA.
In 1997 the Government enacted a law against trafficking in women.
The AA reports that, according to foreign women's organizations,
Bulgarian women constitute one of the largest groups of victims
of forced prostitution in Western and Central Europe. Typically,
women are lured away with offers of foreign jobs as nannies, waitresses,
dancers, shop assistants, or fruit pickers and then discover that
virtual indentured servitude in prostitution awaits. The AA also
reports that destinations for trafficked women include Cyprus,
Greece, Turkey, Italy, Germany, Poland, Belgium, the Netherlands,
the Czech Republic, Canada, and Macedonia, all of which have been
used either for transit or "sale" of victims. On occasion
there were unconfirmed reports of the involvement of local officials
in trafficking in some areas. Women reportedly were trafficked
into Bulgaria from the former Soviet Union and Macedonia, also
for forced prostitution. A 1997 amendement to the Penal Code on
trafficking in women introduced longer prison sentences (to existing
kidnaping penalties already in force) in those cases where the
victim is under 18 years of age, is offered to another person
for sexual abuse, or is trafficked abroad for sexual abuse. However,
it is not yet clear how the amendment has been implemented.
Technical and bureaucratic obstacles hamper government assistance
to female victims of violence. Many victims of trafficking and
forced prostitution are too young to have worked previously; the
lack of previous work experience disqualifies them from receiving
social security assistance. If they are runaways with no registered
address to which they can return, they are ineligible for humanitarian
assistance. Victims are not encouraged to file complaints, as
there is no mechanism in place to protect witnesses.
Some interested NGO's believe that sexual harassment is a problem;
it is not currently illegal.
Many of the approximately 30 women's organizations are closely
associated with political parties or have primarily professional
agendas. Some observers believe that women's organizations tend
to be associated with political parties or professional groups
because feminism has negative societal connotations. Of those
organizations that exist mainly to defend women's interests, the
two largest are the Women's Democratic Union in Bulgaria, heir
to the group that existed under the Communist dictatorship, and
the Bulgarian Women's Association, which disappeared under communism
but has reemerged with chapters in a number of cities.
The Constitution forbids privileges or restrictions of rights
on the basis of sex, and women are not impeded from owning or
managing businesses, land, or other real property and do not suffer
from discrimination under inheritance laws. However, women face
discrimination both in terms of job recruitment and the likelihood
of layoffs. Official figures show the rate of unemployment for
women to be higher than that for men. Women are much more likely
than men to be employed in low-wage jobs requiring little education,
although statistics show that women are equally likely to attend
university. However, fewer girls than boys are attending schools,
especially among minorities. Women generally continue to have
primary responsibility for child rearing and housekeeping even
if they are employed outside the home. There are liberal provisions
for paid maternity leave. However, in some cases these actually
may work against employers' willingness to hire and retain female
employees, especially in the private sector.
No special government programs address economic discrimination
or integrate women better into the mainstream of society and the
economy.
Children
The Government generally is committed to protecting children's
welfare but, with limited resources, falls short in several areas.
It maintains, for example, a sizable network of orphanages throughout
the country. However, many of the orphanages are in disrepair
and lack proper facilities. Government efforts in education and
health have been constrained by serious budgetary limitations
and by outmoded social care structures. The Constitution provides
for mandatory school attendance until the age of 16. However,
fewer girls than boys are attending school, especially among minorities.
Credible sources report that there is no provision for due
process of law for Romani and other juveniles when they are detained
in Labor Education Schools run by the Ministry of Education. Living
conditions at these reform schools are poor, offering few medical,
educational, or social services. The Labor Education School at
Slavovitsa has been the target of the harshest criticism. Generally,
staff members at many such institutions lack the proper qualifications
and training to care for the children adequately. Degrading and
severe punishment, such as the shaving of a child's head, reduction
in diet, severe beatings, and long periods of solitary confinement,
are common at the schools. In 1996 the Ministry of Education acknowledged
problems at the schools and attributed the cause to a lack of
funding. In 1996 Parliament enacted legislation providing for
court review of sentencing to such schools and addressing other
problems in the reform school system (see Section 1.e.).
The vast majority of children are free from societal abuse,
although some Romani children are frequent targets of skinhead
violence and arbitrary police detention; the homeless or abandoned
were particularly vulnerable. Family or community members forced
some Romani minors into prostitution. Police made little effort
to address these problems. The National Police Directorate announced
in June that juvenile delinquency was halved in the first 5 months
of the year compared with the same period during the previous
year. Some observers believe that there is a growing trend toward
the use of children in prostitution, burglaries, and narcotics
distribution.
People With Disabilities
Disabled persons by law receive a range of financial assistance,
including free public transportation, reduced prices on modified
automobiles, and free equipment such as wheelchairs. However,
as in other areas, budgetary constraints mean that such payments
occasionally fall behind. Disabled individuals have access to
university training and to housing and employment, but architectural
barriers are a great hindrance in most older buildings. For example,
there are no elevators in schools or universities. In 1997 the
Rehabilitation and Social Integration Fund was established to
assist the disabled. According to the director of this new government
body, 82 percent of the disabled are unemployed. Workers with
disabilities are entitled to shorter working hours, which often
leads to discrimination against them in hiring practices. According
to the law, any enterprise employing more than 50 persons must
hire a certain number of disabled workers (between 3 and 10 percent,
depending on the industry). Those who fail to do so must pay a
fine, the proceeds of which go to a fund for the disabled. Nevertheless,
due to low fines and delays in the judicial system, collection
rates are extremely low. The Rehabilitation and Social Integration
Fund is developing a national draft strategy to improve conditions
for the disabled.
In February the city of Plovdiv received two minibuses for
use in transporting persons with disabilities; the European Union's
PHARE program financed the purchase of the vehicles. Recent public
works have taken the needs of the disabled into account. When
a major inner city Sofia boulevard was rebuilt in 1998, lower
sidewalk access was provided for wheelchairs. Sofia's new subway
also was designed for wheelchair access. Nevertheless, enforcement
of a 1995 law requiring improved access for the disabled has lagged
as far as existing, unrenovated buildings are concerned.
Policies and public attitudes prevalent during the Communist
era, which separated mentally and physically disabled persons,
including very young children, from the rest of society have persisted.
Some complain that the effective segregation of disabled children
into special schools has lowered the quality of their education.
Religious Minorities
Discrimination, harassment, and general public intolerance
of "nontraditional" religious minorities (i.e., the
great majority of Protestant Christian religions) remained a problem,
although the number of reported incidents decreased during the
year. Deep-rooted suspicion of Evangelical denominations is widespread
and pervasive across the political spectrum. Often cloaked in
a veneer of "patriotism," intolerance of the religious
beliefs of others enjoys widespread popularity. Such mainstream
public pressure for the containment of "foreign religious
sects" inevitably influences policymakers. Nevertheless,
human rights observers agreed that such discrimination lessened
somewhat during the year as the populace appeared to adapt to
the existence of previously unfamiliar religions.
Certain religions, including groups denied registration and
those officially registered, faced discriminatory practices (see
Sections 2.b and 2.c.), despite registered groups' full compliance
with the law, and sometimes encountered hostility from the press,
segments of the public, and certain government officials.
National/Racial/Ethnic Minorities
Ethnic Turks constitute almost 10 percent of the population.
Although estimates of the Romani population vary widely, several
experts put it at about 6 to 7 percent. Ethnic Bulgarian Muslims
or "Pomaks" are a distinct group of Slavic descent,
constituting 2 to 3 percent of the population, whose ancestors
converted from Orthodox Christianity to Islam. Most are Muslim,
although a number have become atheists or converted back to Christianity.
These are the country's largest minorities. There are no restrictions
on speaking Turkish in public or the use of nonSlavic names.
In July 1997 President Stoyanov apologized to Turkey and the Muslim
community for the Communist-era "Regeneration Process"
under which Turkish names were changed forcibly to Slavic names.
Voluntary Turkish-language classes in public schools, funded
by the Government, continued in areas with significant Turkishspeaking
populations, although some observers complained that the Government
was discouraging optional language classes in areas with large
concentrations of Muslims. In April a Ministry of Education specialist
estimated that approximately 40,000 children now study Turkish.
Some ethnic Turkish leaders, mainly in the MRF, demanded that
Turkish-language classes be made compulsory in areas with significant
ethnic Turkish populations, but the Government has resisted this
effort.
In the 1992 census 3.4 percent of the population identified
itself as Romani. The real figure is probably closer to 6 or 7
percent, since many persons of Romani descent tend to identify
themselves to the authorities as ethnic Turks or Bulgarians. Romani
groups continued to be divided among themselves, although several
groups had some success in presenting Romani issues to the Government.
In June Prime Minister Kostov announced that his UDF Party would
draft a long-term program to integrate ethnic and religious minorities
into the country's sociopolitical and economic life. In August
a Roma community center was opened in a Sofia neighborhood, with
Vice President Todor Kavaldjiev in attendance.
As individuals and as an ethnic group, Roma faced high levels
of discrimination. In August former Member of Parliament Roumen
Vodenicharov made blatantly anti-Roma and anti-Semitic remarks
at the funeral of former Communist dictator Todor Zhivkov. President
Stoyanov quickly condemned Vodenicharov's remarks as "outspokenly
Fascist," and both the Zhivkov family and the Bulgarian Socialist
Party (BSP), on whose list Vodenicharov previously was elected
to the National Assembly, disavowed Vodenicharov's statement.
Attacks by private citizens on Roma continued. In May skinheads
attacked eight Romani boys in an abandoned building in downtown
Sofia. One of the boys fell to his death from a window; according
to the other boys who witnessed his fatal fall, he was pushed
by the skinheads. President Stoyanov sent his personal representative
to visit the deceased boy's family to express sympathy over the
racially motivated attack. One suspect was arrested, but he was
released shortly thereafter for lack of evidence; no further arrests
have been made.
On March 4, a 10-year-old Romani girl named Minka Stoyanova
was shot to death in her home in Rozino by private security guards
after her father was accused of theft. Although a murder investigation
is pending, the two guards accused of the killing had not been
taken into custody by year's end.
On March 1, following an altercation between two Romani girls
and two non-Romani males in the village of Hadji Dimitrovo, a
group of 40 to 50 persons from the village attacked Roma living
in a separate neighborhood. Witnesses said that the attackers
were armed with rifles, pickaxes, and iron bars, and that they
fired shots. One local Rom suffered a fractured skull, and another
was beaten with a metal implement. There were also reports that
some members of the self-styled vigilante group attempted to molest
sexually the daughters of the households that they broke into.
No arrests were made in the case by year's end.
Police harass, physically abuse, and arbitrarily arrest Romani
street children (see Sections 1.c. and 1.d.). Little progress
has been made in cases of violence against Roma during previous
years, and these largely remain in the investigatory phase.
Roma encounter difficulties applying for social benefits,
and rural Roma are discouraged from claiming land to which they
are entitled under the law disbanding agricultural collectives.
Many Roma and other observers made credible allegations that the
quality of education offered to Romani children is inferior to
that afforded most other students. For example, Bulgaria has 34
all-Roma schools; according to one estimate, only half of all
students at these schools attend class regularly. The Government
has been largely unsuccessful in attracting and keeping many Romani
children in school. Poverty has led to widespread school truancy
as many children in Romani ghettos cannot afford shoes or basic
school supplies and turn to begging, prostitution, and petty crime
on the streets.
Workplace discrimination against minorities continued to be a problem, especially for Roma. Employers justify such discrimination on the basis that most Roma have only elementary education and little training. In June a Rom set fire to himself in front of the Lom town hall to protest his unemployment and inability to feed his children. Local firefighters were present on the scene and quickly extinguished the flames. A spokesman for the Romani protestors in Lom explained that Roma in Lom had not received social assistance payments for 5 months, faced general societal discrimination, and were disappointed that a construction contract had been awarded recently without the stipulation that local labor be employed.
During compulsory military service most Roma (and Muslims)
are shunted into units where they often perform commercial, military
construction, or maintenance work rather than serve in normal
military units (see Section 2.c.). The MRF protested this practice,
as did human rights groups and labor observers who cited it as
a violation of International Labor Organization (ILO) accords.
There was speculation that the National Assembly's ratification
in June of the ILO Convention on the Eradication of Forced Labor
would mean the demise of the construction troops, but this had
not happened by year's end. There are only a few ethnic Turkish,
Pomak, and Romani officers in the military and an insignificant
number of high-ranking officers of the Muslim faith.
Ethnic Turkish politicians maintain that, although their community's
popularly elected representation in the National Assembly is roughly
commensurate with its size, ethnic Turks are woefully underrepresented
in appointed positions in the government.
The National Council on Ethnic and Demographic Issues was
founded in December 1997. This organization serves as an advisory
group to the Council of Ministers and reports directly to it.
In April the Council announced that it would study the state of
the Roma community.
Several thousand Bulgarians, mainly in the southwest, identify
themselves as ethnic Macedonians, most for historical and geographical
reasons. Members of the two unregistered organizations that purport
to defend their interests, OMO-Ilinden and TMO-Ilinden, are believed
to number in the hundreds (see Section 2.b.). The Government does
not recognize Macedonians as a distinct ethnic group, and the
group is not enumerated in official government statistics.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of all workers to
form or join trade unions of their own choice, and this right
apparently was exercised freely. Estimates of the unionized share
of the work force range from 30 to 50 percent. This share continues
to shrink as large firms lay off workers, and most new positions
appear in small, nonunionized businesses.
The two large trade union confederations are the Confederation
of Independent Trade Unions of Bulgaria (CITUB) and Podkrepa.
The Government does not control the CITUB, successor to the trade
union controlled by the former Communist regime. Podkrepa, an
independent confederation created in 1989, was one of the earliest
opposition forces but is no longer a member of the UDF Party.
In 1995 a third trade union confederation, the Community of Free
Union Organizations in Bulgaria (CFOUB), was admitted to the National
Tripartite Coordination Council (NTCC), which includes employers
and the government (see Section 6.b.). In 1996 a new labor union/civic
organization called Promyana (Bulgarian for "change")
was founded with the explicit goal of removing the BSP from power
via early elections. Although never officially registered as a
labor union, Promyana originally attracted members of various
professions and trades to its ranks but was weakened by internal
strife in mid-1998.
The Government passed a law requiring doctors and dentists
to join a union that the Government established without consulting
them. The law is unpopular with health care professionals, who
see its inception as autocratic and who claim it violates the
right to free association, but it has not been found illegal.
Some claim that the law violates ILO Convention 87 on freedom
of association and the right to organize.
The 1992 Labor Code recognizes the right to strike when other
means of conflict resolution have been exhausted, but "political
strikes" are forbidden. Workers in essential services (primarily
the military and the police) also are subject to a blanket prohibition
against striking, although such workers on occasion effectively
held strikes, during which they stopped or slowed their activities
for an hour or two.
On most occasions, the Government generally did not interfere
with the right to strike when strikes were deemed legal, and several
work stoppages took place. However, on March 24 a controversial
event occurred at the Plama refinery in Pleven. Striking workers,
who had not been paid since December 1997, occupied the facility
and blocked egress for the company director, who was in his office.
The police intervened to allow the director to leave his office
and in so doing injured some workers when physical violence ensued.
Many workers present claim that the police used excessive force
and beat nonviolent protesters, but the MOI insisted that the
action was legal and necessary to allow the director safe passage.
The Podkrepa labor union complained that an amendment to a
1990 law, passed in March 1998, facilitated the Government's ability
to declare a strike illegal. Under this new amendment, workers
no longer have the right to appeal when a strike is declared illegal.
Podkrepa maintains that this provision is unconstitutional and
violates ILO Convention 87 on the right to organize and and Convention
98 on the right to bargain collectively.
The Labor Code's prohibitions against antiunion discrimination
include a 6-month period for redress against dismissal as a form
of retribution. However, there is no mechanism other than the
courts for resolving complaints, and the burden of proof in such
a case rests entirely on the employee.
No restrictions limit affiliation or contact with international
labor organizations, and unions actively exercise this right.
b. The Right to Organize and Bargain Collectively
The Labor Code institutes collective bargaining, which was
practiced nationally and on the local level. The legal prohibition
against striking for key public sector employees weakens their
bargaining position; however, these groups were able to influence
negotiations by staging protests and engaging in other pressure
tactics without going on strike. Labor unions complained that
while the legal structure for collective bargaining was adequate,
many employers failed to bargain in good faith or to adhere to
agreements that were concluded. Labor observers viewed the Government's
enforcement of labor contracts as inadequate.
In several instances an employer was found guilty of antiunion
discrimination, but the employers appealed the decisions. The
backlog of cases in the legal system delayed further action, effectively
postponing, perhaps indefinitely, redress of workers' grievances.
The same obligation of collective bargaining and adherence
to labor standards prevails in the six export processing zones,
and unions may organize workers in these areas.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, including
that performed by children. However, there were reports of such
practices. In 1997 the BHC issued a report on the use of forced
child labor at the Slavovitsa Boys' Reform School to make articles
for sale. An investigation by the Ministry of Education into this
practice is under way. Many observers argued that the practice
of shunting minority and conscientious-objector military draftees
into work units that often carry out commercial construction and
maintenance projects is a form of compulsory labor (see Sections
2.c. and 5).
d. Status of Child Labor Practices and Minimum Age for Employment
The Labor Code sets the minimum age for employment at 16 years;
the minimum age for dangerous work is set at 18 years. Employers
and the Ministry of Labor and Social Policy (MLSP) are responsible
for enforcing these provisions. Child labor laws are enforced
well in the formal sector, but some observers believe that children
increasingly are exploited in certain industries (especially small
family-owned shops, construction, and periodical sales) and by
organized crime (notably for prostitution and distribution of
narcotics). According to a survey conducted by the MLSP in 1998,
more than 50,000 children under the age of 16 are believed to
be employed illegally. Dr. Zhelyasko Hristov, president of the
CITUB labor union, estimated the total number of illegally employed
children as at least twice that number. In April the first-ever
fine was imposed on an employer of illegal child labor. Underage
employment in the informal and agricultural sectors is believed
to be increasing as collective farms are broken up and the private
sector continues to grow. In addition, children are known to work
on family-owned tobacco farms.
As children are legally not permitted to work, and the Constitution
forbids forced or compulsory labor for all, forced and bonded
labor by children also is forbidden by law (see Section 6.c.).
e. Acceptable Conditions of Work
The national monthly minimum wage is approximately $32 (Lev
53,500), which is not enough to provide a worker and family with
a decent standard of living. Nonpayment of wages and wage payments
in arrears continue to be a problem with certain employers, although
the Government has declared the amelioration of this problem a
top priority. The Constitution stipulates the right to social
security and welfare aid assistance for the temporarily unemployed,
although in practice such assistance is often late.
The Labor Code provides for a standard workweek of 40 hours
with at least one 24-hour rest period per week. The MLSP is responsible
for enforcing both the minimum wage and the standard workweek.
Enforcement generally is effective in the state sector (although
there are reports that state-run enterprises fall into arrears
on salary payments to their employees if the firms incur losses)
but is weaker in the emerging private sector.
A national labor safety program exists, with standards established
by the Labor Code. The Constitution states that employees are
entitled to healthy and nonhazardous working conditions. The MLSP
is responsible for enforcing these provisions. Conditions in many
cases worsened owing to budget stringencies and a growing private
sector that labor inspectors do not yet supervise effectively.
Protective clothing often is absent from hazardous areas (goggles
for welders, helmets for construction workers, etc.), since employers
often imply that payment for such measures would have to be deducted
from the budget used to pay workers' wages. The overall standard
of living of workers stabilized in 1998 after suffering a severe
downturn during the economic decline of late 1996 and early 1997.
The pervasive economic crisis and imminent, longoverdue
privatizations continue to create a heightened fear of unemployment,
leading to reluctance on the part of workers to pursue wage and
safety demands. Under the Labor Code, employees have the right
to remove themselves from work situations that present a serious
or immediate danger to life or health without jeopardizing their
continued employment. In practice refusal to work in situations
with relatively high accident rates or associated chronic health
problems would result in the loss of employment for many workers.
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