30/10 Report of the Working Group on the Universal Periodic Review - Bulgaria
Document Type: Final Report
Date: 2015 Jul
Session: 30th Regular Session (2015 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.15-11545 (E)
Human Rights Council Thirtieth session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Bulgaria
*
The annex to the present report is circulated as received.
Contents
Page
Introduction ......................................................................................................................................... 3
I. Summary of the proceedings of the review process ............................................................................ 3
A. Presentation by the State under review ....................................................................................... 3
B. Interactive dialogue and responses by the State under review .................................................... 7
II. Conclusions and recommendations ..................................................................................................... 15
Annex
Composition of the delegation ......................................................................................................... 26
3
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-second session from 4 to
15 May 2015. The review of Bulgaria was held at the 8th meeting, on 7 May 2015. The
delegation of Bulgaria was headed by the Deputy Minister for Foreign Affairs, Katia
Todorova. At its 14th meeting, held on 12 May 2015, the Working Group adopted the
report on Bulgaria.
2. On 13 January 2015, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Bulgaria: Côte d’Ivoire, Ireland and Pakistan.
3. In accordance with paragraph 15 of the annex to Human Rights Council
resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following
documents were issued for the review of Bulgaria:
(a) A national report (A/HRC/WG.6/22/BGR/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/BGR/2);
(c) Summary prepared by OHCHR (A/HRC/WG.6/22/BGR/3).
4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany,
Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden and the United
Kingdom of Great Britain and Northern Ireland was transmitted to Bulgaria through the
troika.1 These questions are available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation stated that the national report had been prepared through a
cooperative and transparent process with the participation of relevant State bodies and
based on the valuable input of civil society representatives. The draft was published on the
official page of the Ministry for Foreign Affairs for broad public discussions.
6. Since its first universal periodic review, the Government has made efforts to
implement the recommendations of the review and to enhance the capacity of the human
rights mechanisms. Bulgaria submitted a voluntary midterm report in 2013. The delegation
highlighted the significant progress achieved in strengthening the institutional and
legislative framework for the promotion and protection of human rights.
7. In 2013, the National Coordination Mechanism on Human Rights was established
in order to improve coordination among the relevant authorities and representatives of civil
society in implementing the international human rights obligations of Bulgaria. Bulgaria
introduced the practice of establishing working groups in the process of follow-up to the
universal periodic review recommendations. The national human rights institutions had
served as members of those working groups.
1 Circulation by the universal periodic review secretariat of the advanced questions submitted by
Sweden was delayed owing to technical reasons.
8. In 2011, the Commission for Protection against Discrimination and the Ombudsman
were accorded “B” status by the International Coordinating Committee of National Human
Rights Institutions. The Ombudsman had been acting as a national preventive mechanism
after the recent amendments to the Ombudsman Act.
9. Since 2011, the National Council for Cooperation on Ethnic and Integration Issues, a
government consultative body, has been coordinating and monitoring the implementation of
the National Action Plan for the Decade of Roma Inclusion 2005–2015.
10. The delegation stated that the recommendations of the Council of Europe and the
Organization for Security and Cooperation in Europe (OSCE) had been taken into
consideration during the drafting of the Electoral Codes, which came into force in 2014.
11. The delegation stated that the Government paid special attention to all those
recommendations that called for the reform of the judiciary as it considered judicial reform
an important area for the protection of human rights. The recommendations of the Special
Rapporteur on the independence of judges and lawyers had been taken into consideration
during the drafting of the 2012 amendments to the Judicial System Act. The updated
strategy for continuing the reform of the judiciary, which was adopted in 2015, set the goal
to modernize the judiciary and to complete the reform within the following seven years.
The key priority of the reform was to provide full guarantees for the independence of the
judiciary and ensure its effective functioning.
12. Progress was documented in setting up a mechanism for the compensation of those
whose human rights had been violated. The Government had established a procedure for
compensating citizens and legal entities for damages resulting from unreasonable delays in
civil, administrative and criminal procedures. The National Assembly tasked the
Government to submit an annual report on the implementation of the decisions of the
European Court on Human Rights against Bulgaria. In 2014, the Government adopted a
decision for a one-time payment of compensation to all individual complaints for which
damages were recommended by the United Nations human rights treaty bodies. In 2015 the
National Coordination Mechanism on Human Rights approved a legal mechanism for
financial compensation following the recommendations of the treaty bodies on individual
complaints.
13. During the reporting period, Bulgaria acceded to a number of international human
rights instruments, including the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the
Rights of Persons with Disabilities and the Convention on the Reduction of Statelessness.
The delegation expressed the commitment of Bulgaria to ratifying the Optional Protocol to
the International Covenant on Economic, Social and Cultural Rights and the International
Convention for the Protection of All Persons from Enforced Disappearance. Bulgaria had
presented its reports to the Committee on the Rights of the Child and the Committee on the
Rights of Persons with Disabilities. It had also issued a standing invitation to all special
procedures mandate holders of the Human Rights Council.
14. In the reporting period, Bulgaria had achieved progress in enhancing the national
capacity for the promotion and protection of human rights. The human rights situation had
improved, though certain areas required further efforts. Having that in mind, the National
Coordination Mechanism on Human Rights had approved national human rights priorities
that included the protection of the rights of the child, persons with disabilities and of
migrants and refugees, enhancement of gender equality, the promotion of ethnic and
religious tolerance and the effective integration of Roma.
15. The delegation expressed its gratitude to all those delegations that had submitted
advance questions and provided the responses to those questions. In response to the influx
of refugees in 2013, the Government had improved the living conditions of those in need of
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international protection and constructed new facilities and infrastructure with a capacity of
6,000 people. Progress had also been documented in respect of the registration and the
processing of requests for international protection.
16. In 2014, the Government had adopted the National Integration Strategy for
Individuals Granted International Protection in Bulgaria (2014–2020), which paid special
attention to vulnerable persons with specific needs and to unaccompanied minors. Children
were provided with legal aid, health care and guaranteed the right to continue their
education. With regard to the appointment of guardians or trustees for unaccompanied
minors, a draft law which would allow the Agency for Social Assistance to appoint a
representative of the child, was forwarded to the consideration of the National Assembly.
17. Concerning the questions regarding hate crime and speech, and intolerance, the
delegation stated that its legislation provided for a solid legal framework for combating all
cases of hate crime, racism, and xenophobia and the Criminal Code recognized each racial
motivation as an aggravating circumstance in criminal offences. Draft amendments to the
Code, introducing the criminalization of public incitement to violence or hate on religious
grounds were being considered by the National Assembly.
18. There was a substantial improvement in the interaction between the Prosecutor’s
Office and the investigating authorities in identifying and reporting discriminatory motives
at the earliest possible stage of pretrial proceedings. Although sexual orientation and gender
identity were not explicitly defined as aggravating circumstances in the Criminal Code,
such elements of the crime had been taken into account during the trial and the judgements
of courts. In that respect, training was regularly provided to enhance the qualification of
prosecutors. Public awareness measures were carried out to promote tolerance and to
address hate speech and incitement to racial or ethnic violence in political discourse and in
the media.
19. The National Roma Integration Strategy (2012–2020) was to be implemented in two
phases: 2012–2014 and 2014–2020. Subsequently, 28 regional strategies and 220 municipal
action plans for the integration of the Roma were adopted by taking into consideration the
needs and specifics of local communities. The Strategy considered education the first
priority of the integration policy. Efforts were increased to strengthen the integration of
children of Roma origin into the general education system. Some measures were also taken
to reduce school dropouts among the Roma children. The Ministry of Education and
Science, in cooperation with the Regional Education Inspectorates and the municipalities,
carried out monitoring of kindergartens and schools to avoid the formation of special
classes for children belonging to ethnic groups.
20. Regarding the questions on prison conditions and overcrowding, the delegation
stated that two new detention centres had been opened and a project had been implemented
to improve the conditions of detention centres and prisons. The authorities had been
working together with Norway on a joint project to introduce electronic monitoring of
selected categories of offenders in order to reduce the number of prisoners.
21. With regard to the questions concerning the support of families with children with
disabilities, and the juvenile justice system, the delegation stated that the legislation
provided for equal opportunities and social inclusion of children with disabilities and that
financial support was provided to families raising children with disabilities. Several
measures had been taken to improve the legislation on juvenile justice.
22. Bulgaria had also been strengthening its measures to ensure non-discrimination and
equal opportunities for people with disabilities, as well as their integration in all areas of
public life.
23. Concerning lesbian, gay, bisexual and transgender persons, the authorities have
continued to pursue consistent policies aimed at preventing and eliminating any form of
discrimination, including against such persons.
24. With regard to the question on domestic violence, the delegation stated that the
Government, in cooperation with non-governmental organizations (NGOs), had
implemented measures to combat domestic violence. The Alliance for Protection against
Domestic Violence provided for monitoring of compliance with international regulations
and for ensuring maximum protection for the victims. Regular public campaigns and
initiatives were carried out to raise public awareness on domestic violence and to increase
knowledge about the existing protection procedures. The delegation also pointed to the
social services in place which provided support to victims of domestic violence.
25. Regarding the question on the scope of sexual assault offences, the delegation stated
that those offences were included in the legislation and that lack of consent was a necessary
precondition for fulfilling the corpus delicti and the consent must be given based on the
victim’s free will.
26. In response to the questions on human trafficking, the delegation reiterated that the
National Commission for Combating Trafficking in Human Beings continued working with
vulnerable groups, especially the Roma community, women and children. The Government
had implemented several measures to prevent human trafficking for the purpose of labour
and sexual exploitation, provide assistance to victims of human trafficking, strengthen the
prosecution of perpetrators of trafficking in women and children, and improve cooperation
with the respective authorities of other countries in investigating transnational forms of
trafficking.
27. The delegation emphasized that the 2015 Anti-Corruption Strategy established an
independent anti-corruption body with guarantees of transparency in the appointment its
management and staff.
28. Regarding the question on media ownership, the delegation stated that the
Government presented its programme in 2015, foreseeing new regulations for the
acquisition and merger of the media, aimed at eliminating the possibility of influence on the
media environment by a single owner.
29. In response to questions, the delegation reported that the issue of the ratification of
the International Convention for the Protection of All Persons from Enforced
Disappearance had been discussed within the National Coordination Mechanism on Human
Rights. It was concluded that a review of the national legislation was needed to introduce
the definition of forced disappearance and the creation of an effective mechanism for
compensation of the victims and their families. In this respect, a working group had been
established to work on draft amendments to the legislation. The delegation stated that
Bulgaria would consider acceding to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families when an agreement had
been reached within the European Union on that issue.
30. Concerning the questions on the implementation of the Rome Statute of the
International Criminal Court and on a possible ratification of the amendments to the crime
of aggression, the delegation stated that the legislation was fully in compliance with the
Statute in respect of the criminalization of the offences under its scope. Concrete steps for
the ratification of the amendments had not yet been taken.
31. Regarding the question about the representation of civil society organizations in the
work of the National Coordination Mechanism on Human Rights, the delegation explained
that there were no requirements for prior registration for the participation in the work of the
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Mechanism and all human rights NGOs were encouraged to take part in the meetings based
on their areas of interest.
B. Interactive dialogue and responses by the State under review
32. During the interactive dialogue, 75 delegations made statements. Recommendations
made during the dialogue can be found in section II of the present report.
33. Spain congratulated Bulgaria for the ratification of the Convention on the Rights of
Persons with Disabilities. It was concerned about attacks and hate speech against Roma.
Spain stated that there was room for improvement on gender equality. It made
recommendations.
34. The Sudan appreciated legislative and institutional developments since the
first universal periodic review, particularly the adoption of the election codes, the
amendments to the Judicial System Act 2010 and the updated strategy for continuing the
reform of the judiciary. It made recommendations.
35. Sweden recalled that during the previous review Bulgaria had accepted a
recommendation on detention conditions. It referred to complaints about poor conditions
and treatment in migrant detention centres. Sweden stated that unaccompanied children
were accommodated together with adults in reception centres. Sweden made
recommendations.
36. Switzerland noted that Bulgaria had accepted a number of recommendations to
combat domestic violence. However, domestic violence was not considered a criminal
offence by law. Switzerland was concerned about the inadequate protection provided to
lesbian, gay, bisexual, transgender and intersex persons. It made recommendations.
37. Thailand encouraged Bulgaria to put in place appropriate legislative, administrative
and other relevant measures to ensure full respect for children’s rights, including in the area
of juvenile justice and to step up efforts to promote access to social services for persons
with disabilities. Thailand made recommendations.
38. The former Yugoslav Republic of Macedonia welcomed the establishment of the
National Coordination Mechanism on Human Rights, which would enhance protection of
the human rights of all citizens, irrespective of their ethnic origin. It made
recommendations.
39. Timor-Leste welcomed the creation of a specialized criminal court to handle cases
of corruption and organized crime. It was, however, concerned about the report of incidents
of violence based on anti-foreigner and anti-refugee sentiment. Timor-Leste made
recommendations.
40. Trinidad and Tobago commended the establishment of the National Coordination
Mechanism on Human Rights, designed to streamline the efforts of Bulgaria to undertake
responsibilities in accordance with various human rights mechanisms. It also noted steps
taken to adhere to additional international instruments. It made recommendations.
41. Turkey welcomed the efforts of Bulgaria to cooperate with the international human
rights mechanism. It was concerned about discrimination against minorities and impunity
for the human rights violations committed in the past. Turkey noted that the legislation
restricted the pre-election campaign’s language to Bulgarian. Turkey made
recommendations.
42. Turkmenistan noted that Bulgaria provided a comprehensive update on efforts
undertaken by the Government to improve the human rights situation on the ground. It
made recommendations.
43. Ukraine commended Bulgaria for its efforts to implement recommendations from
the first cycle of the universal periodic review and noted measures undertaken to promote
the protection of minorities, the ratification of several international human rights
instruments, and the adoption of a strategy for individuals granted international protection.
It made recommendations.
44. The United Kingdom noted the commitment of Bulgaria to improve the situation of
Roma and encouraged Bulgaria to take further action at the municipal level. It expressed
the hope that the Government would foster understanding in society for lesbian, gay,
bisexual and transgender persons. It made recommendations.
45. The United States of America was concerned that corporate and political pressure
was increasing media self-censorship and that corruption was undermining trust in the
judiciary and other government institutions. It raised a number of concerns regarding the
rights of minorities. It urged Bulgaria to promote and protect the human rights of migrants
and asylum seekers. The United States made recommendations.
46. Uruguay noted the ratification of the Optional Protocol to the Convention against
Torture and the Convention on the Rights of Persons with Disabilities and encouraged
Bulgaria to ratify the Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights and the International Convention for the Protection of All Persons from
Enforced Disappearance. Uruguay made recommendations.
47. The Bolivarian Republic of Venezuela noted that Bulgaria had become party to the
Convention on the Rights of Persons with Disabilities. It highlighted efforts to improve the
living conditions of Roma and noted the adoption of the National Roma Integration
Strategy, and progress achieved in the protection of the rights of women. It made
recommendations.
48. Albania commended the establishment of the National Coordination Mechanism on
Human Rights and the Commission for Protection against Discrimination. It noted the
human rights priority areas identified such as ethnic and religious tolerance, the integration
of Roma and the protection of the rights of migrants and refugees. Albania made
recommendations.
49. Algeria appreciated the establishment of the National Coordination Mechanism on
Human Rights and encouraged Bulgaria to continue its efforts to eliminate discriminatory
practices against women and to strengthen programmes to fight child labour and the
phenomenon of street children. Algeria made recommendations.
50. Angola commended the ongoing legal and administrative measures to strengthen the
efficiency of the judiciary. It underlined the development programme 2020 and the national
strategy for poverty reduction and the promotion of social inclusion 2020. Angola made
recommendations.
51. Argentina noted with appreciation the practice of establishing working groups on the
follow-up to recommendations. It noted concerns by treaty bodies regarding cases of
discrimination and xenophobia against asylum seekers, refugees, migrants and ethnic and
religious minorities. It made recommendations.
52. Armenia welcomed steps taken to promote the rights of national minorities and
commended the State policy to ensure a favourable environment for minorities to preserve
their cultural heritage and identity. It noted with appreciation measures to combat racism,
hate speech, hate crimes and human trafficking. Armenia made recommendations.
53. Australia stated that the expansion of the Commission of Protection against
Discrimination and the Ombudsman would strengthen the human rights framework. It
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welcomed efforts to reform the judiciary and fight corruption. Australia noted the
resurgence of hate crimes. It made recommendations.
54. Austria noted some initiatives taken regarding the juvenile justice system but
regretted delays in reforming the system. It shared concerns about the high prevalence of
domestic violence, discrimination against Roma and the situation of unaccompanied minor
children. It made recommendations.
55. Azerbaijan welcomed the submission by Bulgaria of the universal periodic review
midterm report, which had been prepared with the participation of various State institutions
and NGOs. It noted the accession to the Optional Protocol to the Convention against
Torture, the Convention on the Rights of Persons with Disabilities and the Convention on
the Reduction of Statelessness. It made a recommendation.
56. Belgium commended Bulgaria for its efforts to implement recommendations of the
first universal periodic review regarding discrimination, racism, extremism and
xenophobia. Belgium considered, however, that there was still room for improvement in
addressing certain human rights concerns. It made recommendations.
57. Benin welcomed the adoption of the new electoral code and the ratification of the
Optional Protocol to the Convention against Torture. It called on the international
community to assist Bulgaria in economic and social development and in the promotion of
human rights. Benin made recommendations.
58. Bosnia and Herzegovina welcomed the judicial reforms, the advancement in
combating organized crime, and the adoption and implementation of laws and policies on
gender equality, the rights of people with disabilities and national minorities. It requested
information on measures to strengthen the prosecution of perpetrators of trafficking in
women and children.
59. Brazil commended the accession to the Optional Protocol to the Convention against
Torture, the Convention on the Rights of Persons with Disabilities, the 1954 Convention
relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of
Statelessness and encouraged lifting of reservations to the 1954 Convention. It expressed
concern about discriminatory practices against women and domestic violence. It stressed
the need to ensure respect of the principle of non-refoulement. It made recommendations.
60. Burkina Faso encouraged Bulgaria to continue implementing the national strategy
on gender equality. It urged the Government to strengthen its activities in the area of human
rights education. Burkina Faso made recommendations.
61. Canada commended Bulgaria for the creation of a national system for early alerts for
abducted and missing children. It also encouraged Bulgaria to pursue and strengthen the
efforts undertaken to reduce corruption in all sectors. Canada made recommendations.
62. Chile highlighted institutional changes carried out to improve the human rights
situation. It expressed concern about violence against children and adults with intellectual
disabilities, insufficient progress on gender equality and discrimination against Roma. It
made recommendations.
63. China commended the efforts made to reform the judiciary, provide assistance to
vulnerable groups, fight against organized crime, combat racial discrimination and crimes
against minors, and promote gender equality. China made recommendations.
64. Costa Rica noted the ratification of the Optional Protocol to the Convention against
Torture and encouraged Bulgaria to take measures to harmonize national legislation and
practice with that instrument. It also noted initiatives for human rights education. It
encouraged Bulgaria to continue working on judicial reform. It made recommendations.
65. Côte d’Ivoire noted with appreciation the national reforms undertaken by Bulgaria,
including the adoption of international human rights instruments. It made
recommendations.
66. Cyprus commended Bulgaria for the measures adopted since the last universal
periodic review cycle, the ratification of the Optional Protocol to the Convention against
Torture and the Convention on the Rights of Persons with Disabilities, as well as the
current initiatives to combat trafficking in human beings and eliminate discrimination.
Cyprus made a recommendation.
67. The delegation of Bulgaria provided responses to a number of questions and
statements made during the interactive dialogue. It reported on the projects that were
funded from the State budget and implemented by NGOs to prevent domestic violence and
to protect the victims. All activities had been regularly included in annual national
programmes for prevention of and protection against domestic violence and necessary
budgets had been allocated. Additionally, legal amendments had been drafted to improve
the legal framework relating to domestic violence by taking into consideration the expertise
of NGOs and the comments of the Committee on the Elimination of Discrimination against
Women.
68. In response to questions on some cases of racism and intolerance, the delegation
stated that allegations of manifestation of racism and intolerance had been examined by
relevant authorities and, where necessary, steps had been taken to prosecute and punish
such acts. The delegation highlighted that Bulgaria did not have a strong record of such acts
or manifestations. However, the authorities would continue being vigilant.
69. The delegation reported on several measures taken to ensure the rights of Roma to
health care and employment and their social inclusion. The health and labour mediators,
selected from the Roma community, served as a bridge between the public sector and that
community. The number of health mediators had increased. Preventive medical check-ups
were carried out in the Roma settlements and Roma children were immunized. A system of
monitoring the Roma integration strategies had been set up and included a unified platform
for collection of data at municipal, regional and national levels. Efforts had been made to
support the employment of Roma.
70. The delegation stated that the principle of equality and non-discrimination was
enshrined in the Constitution and legislation. The authorities continued their consistent
policies aimed at preventing and eliminating all forms of discrimination, including against
lesbian, gay, bisexual and transgender persons. The Protection against Discrimination Act
prohibited any direct or indirect discrimination based on a number of grounds, including
gender and sexual orientation.
71. The right of children with disabilities to equal access to education was guaranteed by
law. The legal framework ensured full integration of children with disabilities in the general
education system.
72. In a response to a statement on alleged cases of discrimination, the delegation stated
that there was no discriminatory treatment in connection with the construction of places of
worship of religious denominations. Places of worship were constructed according to
standard procedures and were not subject to any special requirements. Attacks against
religious minorities were rather occasional and the perpetrators faced charges for
hooliganism on the grounds of hatred.
73. The legislation on refugees and migrants had been harmonized with European Union
standards and was in line with the 1951 Convention relating to the Status of Refugees and
the Optional Protocol thereto. Media campaigns had been carried out to create a favourable
environment, supportive of the integration of refugees. The Government provided legal and
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social assistance, including free legal consultations, education, training, and interpretation
services for foreigners seeking international protection. The living conditions of asylum
seekers had improved.
74. The delegation reported on a number of measures that had been taken to combat
human trafficking and to provide assistance to victims. The capacity of the National
Commission for Combating Trafficking in Human Beings had been strengthened. Shelters
for victims of human trafficking and specialized centres for protection and support of
victims had been built. Referral mechanisms for victims had been developed. A national
council for assistance and compensation for victims had been established. Various public
campaigns had been carried out as a preventive measure. Bilateral and multilateral
cooperation with relevant agencies and countries of destination had been achieved.
75. Regarding the questions on self-identification of ethnic groups, the delegation stated
that the policy of Bulgaria on that issue was consistent with its obligations under the
Framework Convention for the Protection of National Minorities of the Council of Europe.
The right of minorities to exercise their culture was guaranteed by the Constitution and was
ensured in practice for all ethnic groups without any obstacle. Furthermore, there were no
restrictions to the freedom of association, and cultural identity had been exercised and
developed without any impediment.
76. In answering the question on restitution of confiscated properties of a religious
community by the communist regime, the delegation stated that the restitution of
confiscated properties was made based on court decisions without any discrimination.
77. The delegation responded to a question on the use of minority languages during the
pre-election campaigns. While the Constitution guaranteed the use of the mother tongue in
many spheres of life, Bulgarian as a State language should, however, be used in pre-
election campaigns. The delegation provided statistics on the number of schools where the
Turkish language was taught to students belonging to the Turkish minority.
78. The Czech Republic noted with appreciation the response of the delegation to some
of the advance questions. It made recommendations.
79. Denmark highlighted the widespread discrimination and intolerance against
minorities, especially Roma. While noting the increasing flow of migrants and refugees, it
underlined the challenge of ensuring that vulnerable people were treated fully in accordance
with international standards. Denmark made recommendations.
80. Egypt welcomed efforts undertaken in human rights education, training for law
enforcement officials and combating trafficking. It encouraged the Government to continue
efforts to combat racism, including hate speech and incitement to hatred, through the
media. It made recommendations.
81. El Salvador congratulated Bulgaria for the participative mechanism adopted for the
preparation of its report as well as for the creation of the National Coordination Mechanism
on Human Rights and the importance given to the Ombudsman. It made recommendations.
82. Estonia encouraged Bulgaria to intensify its efforts in reforming the judiciary and
combating corruption. It urged Bulgaria to criminalize domestic violence and marital rape
specifically and to introduce the possibility of ex-officio prosecution for both offences.
Estonia made recommendations.
83. Finland indicated that the positive effect of education on children’s future should be
communicated more efficiently to Roma parents. Finland welcomed the efforts to combat
hate crimes and raise public awareness in order to enhance tolerance in the society. It made
recommendations.
84. France commended the recent amendments to the Criminal Code limiting the
criminal responsibility of minors and the creation of “blue rooms” allowing children to be
heard by the judiciary. France requested more information about improvement in the care
of minors. It made recommendations.
85. Georgia commended Bulgaria for the ratification of several human rights
instruments and for efforts to reform the judiciary, strengthen the Ombudsman and combat
corruption. It welcomed the establishment of the National Coordination Mechanism on
Human Rights and the decreasing number of children in specialized institutions. Georgia
made recommendations.
86. Germany remained concerned about persisting discrepancies between the law on
paper and the reality and about issues regarding the integration of refugees. Prevention and
investigation of hate crimes by the authorities was inadequate. Germany made
recommendations.
87. Ghana acknowledged the ratification of several international human rights
instruments. It made recommendations.
88. Greece commended the practice of establishing working groups on the follow-up
process of universal periodic review recommendations. It noted progress in achieving
gender equality, the amendments adopted to strengthen the Council on Gender Equality and
the awareness-raising initiatives on domestic violence. It made recommendations.
89. Hungary commended a number of programmes, strategies and action plans to
improve the situation of Roma. It noted with satisfaction that Bulgaria had conducted free
and fair elections in the previous October based on the new electoral law. Hungary made
recommendations.
90. Indonesia noted the adoption of a decision for one-time payment of compensation to
all individual complaints for which damages had been recommended by the United Nations
treaty bodies and asked for further information on that matter. Indonesia made
recommendations.
91. Iraq commended the establishment of the National Coordination Mechanism on
Human Rights, the National Integration Strategy for Individuals Granted International
Protection, ratification of the Convention on the Rights of Persons with Disabilities, efforts
made to strengthen the capacity of the Ombudsman and programmes aiming at reducing
poverty. Iraq urged Bulgaria to ratify the International Convention for the Protection of All
Persons from Enforced Disappearance.
92. Ireland encouraged Bulgaria to continue progress in the area of gender equality. It
urged Bulgaria to amend its legislation to criminalize domestic violence and marital rape.
Ireland shared the concern expressed by the United Nations Educational, Scientific and
Cultural Organization that defamation remained a criminal offence. It made
recommendations.
93. Israel was concerned by the reports on hate speech and attacks to places of worship
and worshippers. It also noted that the Human Rights Committee had mentioned the low
number of cases of domestic and gender-based violence brought to justice. Israel made
recommendations.
94. Italy welcomed the priority assigned by Bulgaria to human rights education and to
the fight against all forms of discrimination. Italy made recommendations.
95. Japan welcomed the ratification of the main international human rights instruments.
Noting reports of poor conditions of detention, it called on Bulgaria to ensure the protection
of human rights in its criminal justice procedures, particularly to improve the treatment of
inmates. Japan made recommendations.
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96. Kuwait appreciated the efforts of Bulgaria in implementing those recommendations
that it had accepted during the first universal periodic review, which confirmed its
commitment towards human rights. Kuwait made recommendations.
97. Libya welcomed the progress that Bulgaria had achieved since the first universal
periodic review and commended it for its efforts to promote, respect and protect human
rights. Libya encouraged Bulgaria to continue to strengthen and improve the effectiveness
of the functioning of legislative and executive institutions.
98. Malaysia noted with appreciation the progress made in implementation of those
recommendations that had been accepted relating to children’s rights, all forms of violence
and national human rights institutions. Malaysia noted the measures taken by Bulgaria to
combat xenophobia, hate speech and human trafficking. It made recommendations.
99. Mexico welcomed the ratification of the Convention on the Rights of Persons with
Disabilities. It noted the reform of the judiciary and the willingness to cooperate with the
Special Rapporteur on the independence of judges and lawyers, considering that such
efforts should be intensified. It made recommendations.
100. Montenegro encouraged Bulgaria to improve further the position of socially
vulnerable children, particularly Roma children, and to continue developing national
policies for tackling the issue of mixed migrations and asylum flows. It asked about the
results achieved by the National Coordination Mechanism on Human Rights.
101. Morocco encouraged Bulgaria to continue working towards achieving the objectives
of the “Bulgaria 2020” programme and the 2020 national strategy. It welcomed the
measures taken in the area of human rights education and the ones aimed at fighting human
trafficking. Morocco made recommendations.
102. Namibia noted with appreciation the establishment of the National Coordination
Mechanism on Human Rights and the adoption of the National Integration Strategy for
Individuals Granted International Protection. It made recommendations.
103. The Netherlands noted with appreciation that the Protection from Discrimination
Act that had been recently amended included protection from discrimination in cases of
gender reassignment. It welcomed the efforts of Bulgaria to fight discrimination against
lesbian, gay, bisexual and transgender persons. The Netherlands made recommendations.
104. The Niger noted the establishment of the National Coordination Mechanism on
Human Rights and the adoption of the legal amendments on the judicial system with a view
to modernizing and ensuring the independence of the judiciary. It made a recommendation.
105. Nigeria commended Bulgaria for the judicial reform and for the 2020 national
development programme and the 2020 national strategy for reducing poverty and
promoting social inclusion with a view to reducing the number of people living in poverty.
Nigeria made recommendations.
106. Norway noted ratification of a number of treaties and efforts to improve legislation
and adopt strategies in the area of human rights. It commended Bulgaria for the reduction in
school dropouts among Roma children. Norway made recommendations.
107. Pakistan appreciated the engagement of Bulgaria and its cooperation with the special
procedures and the treaty bodies and commended the steps taken to enhance the capacity of
the Ombudsman and the Commission for Protection against Discrimination. Pakistan made
recommendations.
108. The Philippines welcomed actions taken to promote human rights, including those
addressing domestic violence, human trafficking and the participation of women in the
public and private sectors. It made recommendations.
109. Poland commended efforts to improve the social and economic situation of the
Roma community, in particular with the implementation of the National Roma Integration
Strategy (2012–2020). It made recommendations.
110. Portugal noted with satisfaction the commitment of Bulgaria to strengthen human
rights protection, particularly the creation of the National Coordination Mechanism on
Human Rights and the Integrated Strategy for Prevention and Countering of Corruption. It
made recommendations.
111. The Republic of Moldova noted the ratification of the Convention on the Rights of
Persons with Disabilities and the Optional Protocol to the Convention against Torture and
the establishment of the National Coordination Mechanism on Human Rights. It inquired
about data on territorial coverage and funding sources of shelters and centres for victims of
human trafficking. It made recommendations.
112. Romania took note of the progress achieved since the previous universal periodic
review, including the ratification of the Optional Protocol to the Convention against
Torture, the creation of a national human rights institution and international cooperation on
combating human trafficking. Romania made recommendations.
113. The Russian Federation expressed concern about the increase in the number of
ultranationalist groups and parties and about continuing discrimination against Roma,
including in the areas of education, housing and employment. It made recommendations.
114. Rwanda commended Bulgaria for the ratification of the Optional Protocol to the
Convention against Torture and the Convention on the Rights of Persons with Disabilities,
strengthening of the capacity of the Ombudsman and for ensuring equal opportunities for
women and men. Rwanda made recommendations.
115. Serbia encouraged Bulgaria to take legislative measures to promote a comprehensive
gender equality policy and to honour its commitments towards national minorities. It asked
Bulgaria to present activities and plans for further strengthening the identity of different
ethnic groups. Serbia made recommendations.
116. Sierra Leone noted with appreciation the reform of the judiciary and of the
legislation and anti-trafficking measures. It encouraged Bulgaria to implement effectively
policies on violence against ethnic and religious minorities and urged it to combat gender
stereotypes and to promote gender equality. Sierra Leone made recommendations.
117. Slovakia acknowledged efforts to improve coordination among public authorities
and welcomed initiatives in the field of the rights of the child. It encouraged Bulgaria to
continue to implement the National Roma Integration Strategy. It made recommendations.
118. Slovenia welcomed the accession to several international human rights instruments,
in particular the Convention on the Reduction of Statelessness. It also welcomed the
appointment of the Ombudsman as a national preventative mechanism and urged Bulgaria
to continue such efforts. It made recommendations.
119. The delegation of Bulgaria reiterated the commitment of the Government to
continue the judicial reforms and strengthen the juvenile justice system in line with
international standards. The delegation reported on ongoing measures to strengthen
legislation on juvenile justice.
120. The delegation mentioned the Government’s efforts to improve the legislation
relating to gender equality, combating domestic violence and the protection of the rights of
persons with disabilities. Some progress in addressing prison overcrowding had been
documented and additional measures were under way to address further prison
overcrowding.
15
121. In conclusion, the delegation gave thanks for the open dialogue during the review
and expressed its belief that the universal periodic review provided a good opportunity for each country to assess the human rights situation as well as share good practices.
122. The delegation expressed the commitment of the Government to continue enhancing
the national capacity for the promotion and protection of human rights. Bulgaria remained
committed to continuing its cooperation with international human rights mechanisms and
the follow-up to the review. The delegation made assurances that the questions raised and
the recommendations put forward during the review would be thoroughly examined and the
position of the Government on all recommendations would be provided before the thirtieth
session of the Human Rights Council, in September 2015.
II. Conclusions and recommendations
123. The following recommendations will be examined by Bulgaria, which will
provide responses in due time, but no later than at the thirtieth session of the Human
Rights Council, in September 2015:
123.1 Ratify the International Convention on the Protection of All Persons
from Enforced Disappearance (Argentina) (Portugal) (Ghana);
123.2 Ratify the International Convention on the Protection of All Persons
from Enforced Disappearance and recognize the competence of the Committee
on Enforced Disappearances (France);
123.3 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Portugal);
123.4 Take all necessary legal measures for ratifying the Optional Protocols
to the International Covenant on Economic, Social and Cultural Rights and to
the International Convention on the Protection of All Persons from Enforced
Disappearance (Albania);
123.5 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights and the International Convention on the
Protection of All Persons from Enforced Disappearance (Kuwait);
123.6 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (Timor-
Leste) (Burkina Faso) (Rwanda);
123.7 Consider acceding to the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families (Egypt);
123.8 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Algeria) (Ghana)
(Philippines) (Sierra Leone);
123.9 Ratify the Domestic Workers Convention, 2011 (No. 189)
(Philippines);
123.10 Consider ratifying the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Timor-Leste);
** The conclusions and recommendations have not been edited.
123.11 Take steps to ratify the Kampala amendments to the Rome Statute of
the International Criminal Court (Estonia);
123.12 Sign and ratify the Optional Protocol to the Convention on the Rights
of the Child on a communications procedure (Slovakia) (Ireland);
123.13 Sign and ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (Italy);
123.14 Continue to bring about the major legislative amendments relating to
human rights and the rule of law, in conformity with international principles
and standards (Kuwait);
123.15 Take steps to establish an A status national human rights institution
(Australia);
123.16 Continue developing its national human rights institution in
accordance with the Paris Principles (Egypt);
123.17 Continue the effort to strengthen the Commission for Protection
against Discrimination and the Ombudsman as national human rights
institutions in ensuring that those institutions are in line with the Paris
Principles, as previously recommended (Indonesia);
123.18 Ensure effective functioning of the Ombudsman and the Commission
for Protection against Discrimination (Ukraine);
123.19 Afford adequate resources to the Commission for Protection against
Discrimination in order for this important institution to fulfil its mandate
effectively (Namibia);
123.20 Provide all necessary resources to further strengthen the
Ombudsman and the Commission for Protection against Discrimination and
bring them in line with the Paris Principles (Pakistan);
123.21 Strengthen human and financial resources available to the
directorate of the Ombudsman responsible for the new role of a national
preventive mechanism according to the Optional Protocol to the Convention
against Torture so that they match the number of facilities overseen (Czech
Republic);
123.22 Ensure the allocation of adequate resources to national human rights
protection bodies, such as the Ombudsman (Philippines);
123.23 Establish a children’s ombudsman to safeguard, protect and promote
the rights of children and young people, as previously recommended (Norway);
123.24 Continue spreading best practices in the field of enhancement of the
already existing solid institutional framework (Greece);
123.25 Continue further improvement of the protection and promotion of
human rights in the country (Azerbaijan);
123.26 Ensure the effective implementation of the relevant action plans,
including the National Roma Integration Strategy (Hungary);
123.27 Further increase the measures implemented under the National
Strategy for the Promotion of Gender Equality (2009–2015) (Bolivarian
Republic of Venezuela);
123.28 Continue efforts aimed at promoting the rights of children, women,
migrants and national minorities (Ukraine);
17
123.29 Strengthen the measures aimed at protecting vulnerable populations
and so guarantee their full access to public services (Côte d’Ivoire);
123.30 Continue increasing assistance for vulnerable persons (Angola);
123.31 Continue strengthening the advanced programmes carried out for
the promotion of employment, food and social assistance, combating poverty
and social inequality, and in favour of national minorities — especially Roma
— and other vulnerable sectors of the population (Bolivarian Republic of
Venezuela);
123.32 Within the framework of the National Roma Integration Strategy
developed in 2011, intensify its efforts for implementation of their integration
policy, especially in the areas of health and education (Cyprus);
123.33 Adopt a national action plan on business and human rights, to
implement the Guiding Principles on Business and Human Rights, and to
subscribe to the Guidelines for Multinational Enterprises of the Organization
for Economic Cooperation and Development (Netherlands);
123.34 Consider developing human rights indicators as an instrument that
would allow the assessment of national human rights policies (Portugal);
123.35 Ensure effective implementation of the National Roma Integration
Strategy (2012–2020), including by identifying lessons learned and best
practices in the implementation of the first phase (Italy);
123.36 Continue its efforts in carrying out various programmes for
promoting gender equality, combating negative stereotypes about women and
their social role, including for the implementation of the “Female leaders in
security and defence” project (Albania);
123.37 Strengthen its efforts on gender equality, including in combating
negative stereotypes about women on their social roles and in ensuring wider
employment opportunities for women (Malaysia);
123.38 Continue taking measures to eradicate generalized discriminatory
practices against women, including stereotypes regarding the roles and
responsibilities of women and men in the family and society (Costa Rica);
123.39 Adopt and implement specific legislation on gender equality
(Slovenia);
123.40 Adopt the draft gender equality act (Portugal);
123.41 Adopt law on gender equality (Algeria);
123.42 Finalize the internal procedures in order to adopt a specific
legislation on gender equality (Georgia);
123.43 Prioritize the finalization and subsequent adoption of a law on gender
equality, giving special attention to its adequate implementation and
dissemination among State entities and the general population (Mexico);
123.44 Fast-track the enactment of the gender equality act (Ghana);
123.45 Accelerate the process of adoption of the gender equality act
(Morocco);
123.46 Advance in the adoption of a law prohibiting discrimination against
women and establish a legal framework that favours political and economic
participation of women on equal terms (Chile);
123.47 Strengthen the measures taken on the fight against discrimination
against women (Morocco);
123.48 Establish measures to further reduce gender inequality in all areas
and pay special attention to protection of women from minorities, older women
and women with disabilities (China);
123.49 Adopt legislative measures to criminalize discrimination against
women, particularly of minority groups, disabled women and older women
(Ghana);
123.50 Continue developing policies for true gender equality and the fight
against domestic violence (Spain);
123.51 Promote legislative measures, as well as all other types of measures,
to promote gender equality and the prevention of violence against women and
girls (El Salvador);
123.52 Adopt the draft gender equality act and criminalize domestic violence
and marital rape (Brazil);
123.53 Take further positive actions in the areas of promoting equal
opportunities between men and women and domestic violence (Greece);
123.54 Create a system of collection of statistical data on cases of gender-
based violence, accompanied by a study analysing the causes why many such
cases are not denounced (Spain);
123.55 Take steps to improve the equality of access to various forms of
education and employment for all women (Trinidad and Tobago);
123.56 Take targeted and efficient measures to address the discrimination
and exclusion of minorities that include awareness-raising of the majority
population of the need to show respect and understanding towards minorities
in accordance with the fundamental principle that “all human beings are born
free and equal in dignity and rights” (Denmark);
123.57 Take the necessary measures to fight marginalization of Romani
individuals by addressing intolerance and discrimination, and improve their
opportunities for education and employment (United States of America);
123.58 Ensure equality of access to education, housing and employment
especially of the Roma people (Ghana);
123.59 Take practical measures for adopting a non-discriminatory approach
towards the Roma minority (Russian Federation);
123.60 Continue legislative reforms to better fight discrimination against the
Roma population and other minorities, racist violence, hate crimes and hate
speech (Niger);
123.61 Enhance its efforts to prevent incitement to ethnic and religious
hatred (Japan);
123.62 Take concrete steps to put in place adequate legal protections against
incitement of hatred, including hatred motivated by xenophobia and
homophobia, in line with the international and domestic obligations of Bulgaria
(Australia);
19
123.63 Strengthen the implementation of laws prohibiting discrimination
and incitement to hatred in order to protect the rights of minorities such as
Roma (China);
123.64 Allocate resources to educational programmes in order to change
views and neutralize racist ideas that were spread by extremist groups (Russian
Federation);
123.65 Strengthen the fight against racism, xenophobia and hate speech
(Angola);
123.66 Take more robust measures to prevent and punish religious hatred,
discrimination, racism, extremism and xenophobia and human rights violations
committed against minorities (Namibia);
123.67 Intensify its efforts to protect individuals from racism, xenophobia
and hate crimes by encouraging reporting and ensuring proper recording of
hate crimes as well as ensuring that bias movements are fully taken into
account in the investigation, prosecution and sentencing of offences. All victims
of hate crimes must have access to justice (Finland);
123.68 Strengthen the measures aimed at fighting discriminatory acts and
hate speech against certain minority groups by focusing on prevention and
follow-up to these acts (Côte d’Ivoire);
123.69 Give a strong response to hate speech, including in offline and online
media, as well as systematically denounce expression of intolerance by opinion
leaders in the country (the former Yugoslav Republic of Macedonia);
123.70 Strengthen the measures to fight hate speech, targeting of persons on
the ground of their ethnicity, religion or sexual orientation, particularly Roma,
Muslim and lesbian, gay, bisexual, transgender and intersex persons, as well as
asylum seekers and migrants (France);
123.71 Take measures to fight all types of inflammatory speech or
incitement to hatred against ethnic and religious minorities and ensure that
perpetrators of such crimes are prosecuted and receive adequate convictions
and penalties (Mexico);
123.72 Strengthen data collection on racist and xenophobic violence in order
to identify the sources of this kind of discrimination, which turn into the so-
called hate crimes (Uruguay);
123.73 Condemn crimes and hate speech, ensure that all racist offences are
effectively detected and are subject to investigation and prosecution, and fight
against racism and intolerance manifestations in the media (Canada);
123.74 Prosecute the instigators of hate crime and provide remedies for
victims of hate speech (Sierra Leone);
123.75 Double its efforts in combating intolerance and hate speech, including
through ensuring proper investigation and prosecution in all cases of attacks
and incidents of intolerance against minorities (Malaysia);
123.76 Take measures to address the increase in racist and xenophobic
violence, including the provision of courses and training on discrimination for
law enforcement personnel, judicial authorities and health professionals
(Uruguay);
123.77 Strengthen measures to ensure the investigation and punishment of
hate speech against minority groups, including those made by members of some
political parties and groups (Argentina);
123.78 Ensure the prevention and full investigation of hate crimes and
violent attacks targeting ethnic and religious minorities, including migrants,
refugees and asylum seekers (Germany);
123.79 Ensure that all offences based on discrimination are effectively
identified, investigated and prosecuted (Israel);
123.80 Take the commitment to stop State funding of organizations or
political parties that advocate racism (Russian Federation);
123.81 Include racist motivation of crimes as an aggravating circumstance in
the Criminal Code and make more effective the investigation and prosecution
of hate speech and violence, including against persons based on their sexual
orientation or gender identity (Czech Republic);
123.82 Modify its legislation to include discrimination based on sexual
orientation and gender identity in the list of offences (Israel);
123.83 Take steps to criminalize hate crimes, including discrimination based
on sexual orientation or gender identity, both in law and speech (Uruguay);
123.84 Include the issue of discrimination against lesbian, gay, bisexual,
transgender and intersex persons in the human rights awareness courses
(Uruguay);
123.85 Adopt measures to end discrimination and violence based on sexual
orientation and gender identity, actual or perceived, in compliance with its
human rights obligations (Switzerland);
123.86 Take all necessary measures to ensure that the Criminal Code
prohibits all crimes against persons or against property on the basis of their
actual or perceived sexual orientation or gender identity (Belgium);
123.87 Adopt a definition of torture that includes all elements present in the
Convention against Torture (Portugal);
123.88 Take further measures to combat ill-treatment of prisoners and
detainees by the police, including improved police training, intensified courses
on practical aspects of police ethics and specialized courses on hate crime
investigation (Norway);
123.89 Ensure that detainees in the custody of the General Directorate of the
Border Police and the Ministry of the Interior are treated in a humane and
dignified manner and that their detention fully complies with the international
obligations of Bulgaria governing the administrative detention of migrants
(Sweden);
123.90 Strengthen its efforts to prevent domestic violence, particularly
violence against women (Timor-Leste);
123.91 Take efficient measures to ensure that domestic violence is
prosecuted as a breach of the law and that perpetrators are brought to justice
(Switzerland);
123.92 Increase its efforts to prevent domestic violence, particularly against
women, and ensure that sufficient shelters are available to women victims of
domestic violence and their children (Austria);
21
123.93 Modify the Law on the Protection against Domestic Violence and
promote the prosecution for these crimes (Israel);
123.94 Consider amending the law so that it provides further efforts of
redress for victims of domestic violence, in addition to increased punishment
for repeated violations of violence against women (Serbia);
123.95 Repeal article 158 of its Criminal Code and ensure that all acts of
sexual violence against women and girls are properly investigated and
perpetrators are punished (Ghana);
123.96 Improve prosecution for and prevention of domestic violence and
ensure that victims of domestic violence have access to shelters and other
support services (Czech Republic);
123.97 Take concrete measures to prevent cases of violence against women,
including the implementation of awareness-raising campaigns on the rights of
women and girls (Canada);
123.98 Develop policies to effectively prevent violence against women, in
particular domestic violence and also provide shelters and assistance to victims
(Sierra Leone);
123.99 Eliminate all forms of child marriage and raise the minimum age of
marriage to 18 (Sierra Leone);
123.100 Promote non-violent methods of child-rearing and education and
ensure that the law prohibiting corporal punishment is enforced (Poland);
123.101 Continue strengthening the capacity of the National Commission for
Combating Trafficking in Human Beings (Sudan);
123.102 Continue its efforts in combating trafficking in persons (Armenia);
123.103 Continue the actions taken to combat human trafficking, particularly
for forced prostitution, begging and underpaid work (France);
123.104 Continue its efforts in combating trafficking in persons including
strengthening the preventive measures on sexual exploitation of women and
children (Malaysia);
123.105 Strengthen the normative framework for coordinated government
actions against trafficking and care for the trafficked victims, including
developing a procedural framework for the return and reintegration of victims
of trafficking in persons (Philippines);
123.106 Continue the fight against trafficking of human beings and
international cooperation in this respect (Romania);
123.107 Strengthen existing mechanisms as well as create new legal policies
that prevent and combat human trafficking (Serbia);
123.108 Expand anti-trafficking measures from the large towns to the rural
neighbourhoods and highly populated Roma communities so as to protect the
most vulnerable groups of society (Serbia);
123.109 Continue the strengthening of the judicial power (Romania);
123.110 Continue the reform of the judiciary to ensure independence and
impartiality of the tribunals (Chile);
123.111 Continue its efforts and initiatives to reform the judicial system
(Benin);
123.112 Accelerate the judicial reform and enhance the fight against
corruption in order to improve human rights standards in the country
(Slovenia);
123.113 Continue reforms in the system of the law enforcement agencies and
the judicial system (Turkmenistan);
123.114 Continue the reform process in particular in the field of justice,
administration, e-governance and social issues (Hungary);
123.115 Review all work under the European Union twinning programme in
the prison system and agree to its next steps in order to urgently address:
occurrences of ill-treatment (both by police and in prisons), prisoner violence,
prison overcrowding, detention facility conditions as well as prison health care
and staffing levels (United Kingdom of Great Britain and Northern Ireland);
123.116 Further address the protection of victims’ human rights as well as
punishment for those responsible, with respect to the high rates of domestic
violence (Japan);
123.117 Put in place new mechanisms that allow victims of hate crimes to be
informed quickly and accurately of the changes in their cases, to be heard in
the context of legal proceedings and to receive appropriate legal and
psychological assistance (Switzerland);
123.118 Consider the implementation of the reform of the juvenile justice
system as a matter of priority (Austria);
123.119 Take necessary measures for establishing a specialized juvenile
justice system and continue efforts for the reintegration of former child
offenders in the society, in compliance with the Convention on the Rights of the
Child (Republic of Moldova);
123.120 Continue the effort in the field of juvenile justice, including by
considering incorporating restorative justice principles in the juvenile justice
system (Indonesia);
123.121 Continue to address legal and procedural limitations which obstruct
the effective prosecution of crime and corruption cases (Australia);
123.122 Continue its efforts and initiatives to fight against corruption (Benin);
123.123 Continue the fight against corruption and organized crime and
ensure that perpetrators of these crimes do not remain unpunished (France);
123.124 Continue its efforts and initiatives against organized crime and
conflict of interest (Benin);
123.125 Provide effective protection for the family as the natural and
fundamental unit of the society, in accordance with its respective obligations
under international human rights law (Egypt);
123.126 Develop an effective State family policy based on the prevention of
separation of children from parents and early intervention measures,
supported by an action plan for implementation and specifically designated
funding (United Kingdom of Great Britain and Northern Ireland);
23
123.127 Take measures to improve the situation of children who are still
living in institutions (Trinidad and Tobago);
123.128 Continue its efforts to further improve the situation of children in
specialized institutions (Georgia);
123.129 Take necessary precautions to protect mosques and other religious
sites against the rising incidents of racism, xenophobia and Islamophobia
(Turkey);
123.130 Ensure freedom of expression and media freedom by guaranteeing
that journalists and media workers are able to practise their professions in a
free and safe environment and that all attacks on journalists and media
workers are investigated and by criminalizing defamation (Estonia);
123.131 Work to decriminalize defamation and prevent legal retaliation
against journalists for exercising their right to freedom of expression, and
increase transparency of media ownership (United States of America);
123.132 Decriminalize defamation and place it under the civil code in
accordance with international human rights standards (Ireland);
123.133 Guarantee a safe and independent working environment for
journalists and promote transparency and diversity in the media ownership
(Norway);
123.134 Counter harassment, threats and wiretapping of investigating
journalists, bloggers and NGO representatives (Norway);
123.135 Ensure that the principle of freedom of association, as provided for in
article 11 of the European Convention of Human Rights, is respected without
any discrimination and applied in accordance with the relevant case law of the
European Court of Human Rights (the former Yugoslav Republic of
Macedonia);
123.136 Take measures to enable the adequate representation of all
components of society in all organs of government, particularly women and
ethnic minorities (Costa Rica);
123.137 Continue increasing quality of children’s education, especially in
rural areas (Turkmenistan);
123.138 Strive to achieve the right to education of all boys and girls with strict
respect to the principle of non-discrimination and take concrete measures to
fight the high dropout rates in schools and preschools among minority and
vulnerable groups (Mexico);
123.139 Make steps towards more sustainable reduction of school dropouts
(Norway);
123.140 Elaborate comprehensive measures in order to guarantee the right to
education for children of migrants and of national minorities (Russian
Federation);
123.141 Ensure that no impediments are created to the preservation,
expression, and development of cultural identity by all citizens (the former
Yugoslav Republic of Macedonia);
123.142 Ramp up efforts to address the challenges faced by persons with
disabilities, particularly children (Trinidad and Tobago);
123.143 Consider revising its legislation to ensure the promotion and
protection of the rights of persons with disabilities, especially the law relating to
legal capacity and accommodation of persons with mental disabilities in
institutions (Thailand);
123.144 Implement the policy for employment of persons with disabilities and
the National Roma Integration Strategy 2011–2020 (Sudan);2
123.145 Develop a package of political measures permitting the independent
living of persons with disabilities and prepare a protocol for action to ensure
the independent living of persons who do not have family support (Spain);
123.146 Adopt, as soon as possible, public norms and policies designed to
punish physical and psychological abuse against persons with disabilities and
take concrete measures to improve treatment and care conditions, including
social protection measures (Chile);
123.147 Promote the strengthening of the legal framework for the protection
of children and adolescents with disabilities (El Salvador);
123.148 Continue its efforts to promote an inclusive education for children
with disabilities in the general school system (Israel);
123.149 Continue to make efforts to provide care to children with disabilities
outside the institutional frameworks (Kuwait);
123.150 Uphold the standards on the protection of the rights of persons
belonging to minorities (Romania);
123.151 Continue the initiatives directed towards the promotion and
protection of the rights of the national minorities (Armenia);
123.152 Ensure that no disadvantage shall result for citizens from the exercise
of their right to identify themselves as belonging to any ethnic minority group
(the former Yugoslav Republic of Macedonia);
123.153 Continue its effort in improving the situation of Roma and Bulgarian
citizens of other ethnic groups, especially through effective implementation of
the National Roma Integration Strategy with adequate allocation of financial
and human resources (Thailand);
123.154 Pursue and strengthen its efforts to improve the situation of
minorities, in particular of Roma, and allocate sufficient resources for an
effective implementation of the National Roma Integration Strategy (Canada);
123.155 Take further steps to assure meaningful implementation and
adequate funding of efforts to promote Roma integration, especially in the field
of education (Austria);
123.156 Continue strengthening policies to integrate the Roma population
and ensure they have access to basic health and social services, with particular
emphasis on the rights to safe drinking water and sanitation, as well as
education, housing and employment (Spain);
2 The recommendation as read out during the interactive dialogue: Implement the strategy for
employment of persons with disabilities 2011 to 2020 and the National Roma Integration Strategy
(Sudan).
25
123.157 Implement the National Roma Integration Strategy with special focus
on improving Roma employment in rural areas, ensuring health insurance
coverage, improving housing conditions and combating hate speech against
Roma (Netherlands);
123.158 Continue developing inclusive policies to enable the Roma population
to enjoy the same rights and opportunities as other persons, with due regard to
their participation in its design and implementation (Chile);
123.159 Promote the full access of Roma children to education at all levels by
introducing a concrete action plan with the budgetary means to achieve this
goal. Efforts to decrease the rate of dropouts of Roma children should be
intensified further (Finland);
123.160 Address issues of poverty, employment, education and housing of
Roma people through effective implementation of integration strategy
(Pakistan);
123.161 Continue and intensify efforts in combating poverty experienced by
Roma and other disadvantaged members of the population (Poland);
123.162 Transparently prosecute the individuals who committed crimes
against all minorities under the communist regime, especially on the protracted
legal case of Belene concentration camp (Turkey);
123.163 Adopt legislation for the removal from the civil registry of the
Bulgarian-Slavic names forcibly given to Turkish and Muslim minorities under
the communist regime (Turkey);
123.164 Adopt decisions such as the executive decision on the Saint Alexander
Nevsky Cathedral on the restitution of property confiscated from the Muslim
denomination and all others, so as to demonstrate the non-discriminatory
character of the executive (Turkey);
123.165 Change its legislation to ensure the exercise of the political rights in
the mother tongue as prescribed in the OSCE report of 7 January 2015
(Turkey);
123.166 Continue strengthening action aimed at protecting the human rights
of the migrant population (El Salvador);
123.167 Guarantee the right to education by enrolling all migrant children
into mainstream Bulgarian schools and provide necessary language support
classes to facilitate their integration (Sweden);
123.168 Promote a positive image of and tolerance for asylum seekers and
refugees (Rwanda);
123.169 Amend its legislation on asylum seekers and adopt a national
programme for the integration of refugees (Nigeria);
123.170 Fully implement the national integration strategy adopted earlier in
the year (Germany);
123.171 Adopt the draft law on asylum and refugees, which is to ensure, inter
alia, unhindered access to primary education for refugee children (Germany);
123.172 Consider granting access to primary education to the children of
refugees in the country (Nigeria);
123.173 Continue the efforts to host migrants and asylum seekers in order to
ensure their integration (France);
123.174 Review and reform its legislation allowing for the detention of asylum
seekers on the basis of illegal entry, and ensure that the detention of asylum
seekers, particularly of children, be applied only in exceptional circumstances
after due diligence (Brazil);
123.175 Provide all unaccompanied children with appropriate legal
guardians, as required by Bulgarian law, to ensure their basic needs are met
and their best interests protected (Austria);
123.176 Provide all unaccompanied children with appropriate legal
guardians, as required by Bulgarian law and ensure their basic needs are met
(Hungary);
123.177 Take immediate action to ensure that legal guardians are appointed
for unaccompanied minors and that proper accommodation and education are
provided (Denmark);
123.178 Designate legal guardians for all unaccompanied children as required
by Bulgarian law, to ensure that their basic needs are met as children and that
their interests are protected (Belgium);
123.179 Not detain children with unrelated adults (Sweden);
123.180 Not detain children with adults unrelated to them (Belgium);
123.181 Take into account as appropriate the rights and needs of persons
requiring international protection when resolving the issue on granting them
asylum in Bulgaria (Russian Federation);
123.182 Effectively implement the National Integration Strategy for
Individuals Granted International Protection in Bulgaria (2014–2020) with
particular focus on the needs of children (Slovakia).
124. All conclusions and recommendations contained in the present report reflect
the position of the submitting States and the State under review. They should not be
construed as endorsed by the Working Group as a whole.
27
Annex
[English only]
Composition of the delegation
The delegation of Bulgaria was headed by Ms. Katia Todorova, Deputy Minister of
Foreign Affairs, and composed of the following members:
• Ambassador Ivan Piperkov, Permanent Representative of the Republic of Bulgaria
of the United Nations Office and other International Organizations in Geneva;
• Ms. Verginiya Micheva-Ruseva, Deputy Minister of Justice;
• Mr. Andrey Tehov, General Director, Ministry of Foreign Affairs;
• Mr. Dimitar Philipov, Director, Human Rights Directorate, Ministry of Foreign
Affairs;
• Ms. Maria Spassova, Chief of Department, Human Rights Directorate, Ministry of
Foreign Affairs;
• Ms. Milena Ivanova, Counsellor, Human Rights Directorate, Ministry of Foreign
Affairs;
• Ms. Rositsa Ivanova, Secretary, the National Council for Cooperation on Ethnic
and Integration Issues;
• Ms. Petya Dimitrova, State Expert, State Agency for Child Protection;
• Ms. Boyka Cherneva, Rector of the Academy of the Ministry of Interior;
• Ms. Marieta Tosheva, Chief Expert, Ministry of Justice;
• Ms. Daniela Masheva, Prosecutor, Supreme Cassation Office;
• Mr. Aleksey Andreev, Counsellor at the Permanent Mission of the Republic of
Bulgaria in Geneva;
• Ms. Albena Vodenitcharova, Counsellor at the Permanent Mission of the Republic
of Bulgaria in Geneva;
• Ms. Boyana Trifonova, First Secretary at the Permanent Mission of the Republic
of Bulgaria in Geneva;
• Mr. Dimitar Ganev, Expert, Council for Electronic Media;
• Mr. Peter Atanassov, Chief of Department, State Agency for Refugees;
• Mr. Alexandar Evtimov, Chief of Department, Ministry of Labour and Social
Policy;
• Ms. Alexandra Dimitrova, Attache, Human Rights Directorate, Ministry of
Foreign Affairs;
• Ms. Teofana Stoyanova, Intern, Permanent Mission of the Republic of Bulgaria in
Geneva.