Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bulgaria (Ratification: 1960)

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

In reply to the comments made by the Committee of Experts, the Government communicated the following information:

Up to 10 November 1989, the leadership in the People's Republic of Bulgaria was founded on a system of administrative control. After this date, society took a new direction - that of democratic development and pluralism.

The concept of administrative control in the country's leadership was responsible for the discrimination against the Turkish and Muslim population; i.e. a violation of article 35 of the Constitution of Bulgaria guaranteeing equality of all citizens. The infringement of the principle of equality of all citizens never enjoyed the approval and support of public opinion. This policy was completely rejected when the major changes occurred in the social and political life of the country after this date.

The unequal attitude towards the Turkish and Muslim population prompted this population to change their Turkish-Arab names before 10 November 1989. These name changes were made without any normative legislation.

Faced with this factual situation, the Government took a number of steps to put an end to the derogation from the principle of equality of all citizens.

Amongst the measures taken, it is relevant to mention the following:

1. A statement adopted by the National Assembly on 15 January 1990 which reaffirmed the right of all citizens to freedom of opinion, belief and religion and to free choice of name.

2. In order to put this statement into practice, the National Assembly adopted an "Act on the names of Bulgarian citizens", published in the Official Gazette No. 20 of 9 March last. Section 16 of this Act provides for a procedure under which any citizen concerned has the legal possibility to request a change of name. The adoption of this Act put an end to the consequences of past actions intended to change Turkish-Arab names. Furthermore, the transitional and concluding provisions of this Act provide for a simplified judicial procedure allowing Bulgarian citizens, whose names had previously been changed by force, to start using their previous names once again. A legal procedure has been adopted because actions carried out by force are not legally null and void but may be legally invalidated. This invalidation must be pronounced by a court ruling. Now that the "Act on names" has entered into effect in Bulgaria, the enjoyment of the right to free choice of name is in accordance with the principles contained in this Convention.

3. Order No. 29 of 9 April 1990 (published in the Official Gazette) (which sets out to solve the social problems of Bulgarian citizens in a number of regions in the country) created the legal possibility for persons who had sold their homes to the local People's Councils to buy them back if these had not been bought by third persons. In order to solve the problem of accommodation, various other measures are foreseen to meet the needs of Bulgarian citizens who have returned from abroad, such as stepping up construction work, putting state-prefabricated accommodation at the disposal of citizens, etc.

4. In order to implement the above-mentioned statement, the National Assembly adopted a whole series of amendments to the Constitution, published in the Official Gazette No. 29 of 10 April 1990. Several of the amendments adopted constitute a standard-setting basis to promote the development of democracy and pluralism. All these amendments guarantee equality of treatment for all citizens, in respect of the rights contained in the Universal Declaration of Human Rights. These amendments supplement the principle of equality of citizens contained in article 35 of the Constitution.

5. A number of basic texts are set out below:

Article 1. The People's Republic of Bulgaria is a democratic and parliamentary State based on the rule of law.

Article 5. The political system within this society is based upon and run according to the following principles: the sovereignty of the people, the unity and indivisibility of the nation and the State, democracy, political pluralism, humanism, the lawfulness and separation of the three powers, i.e. the legislative, executive and judiciary.

Article 35

(1) All citizens of the People's Republic of Bulgaria are equal before the law.

(2) No privileges or restrictions of rights are authorised on the basis of nationality, origin, religion, sex, race, education, social and financial condition.

(3) The State guarantees citizens equality by creating conditions and opportunities promoting the exercise of their rights and accomplishment of their duties.

(4) Any incitement to hatred and humiliation of persons on account of their racial, national or religious adherence is forbidden and shall be punished.

Article 52

(1) Citizens may set up non-profit-making organisations of a political, occupational, cultural, artistic, scientific, religious, sportive or other nature.

(2) Political parties are the principal means whereby citizens may join together freely to participate in political life.

(3) Any organisations are banned whose activities are intended to undermine sovereignty, the territorial integrity of the country and the unity of the nation and whose activities incite towards racial, national, ethnic or religious hatred, or to infringements of the rights and freedoms of citizens, as well as organisations advocating a fascist ideology or seeking to attain their objectives by means of violence.

(4) Citizens may group themselves in co-operatives in order to carry out joint economic activity.

(5) Any organisations which set out to undermine the established socialist order in the People's Republic of Bulgaria and the rights of citizens, or which advocate a fascist ideology or any other anti-democratic ideology, are banned.

(6) Social organisations and co-operatives are authorised to set up unions or other groups.

Article 53

(1) Citizens are guaranteed freedom of conscience and religion. They may freely practise or be converted to religion, celebrate and attend religious services and carry out religious or atheist campaigns.

(2) The Church is separated from the State.

(3) The legal status of the various religious communities and the matters concerning their maintenance, internal right of organisation and self-management, are regulated by the law.

(4) Any improper actions intended to use the Church and religion for political aims, as well as the setting up of political organisations based on religion, are banned.

(5) Religion may not justify a refusal to accomplish duties posed by the Constitution and legislation.

Article 54

(1) Citizens enjoy freedom of expression, freedom of the press, freedom of assembly and freedom to organise events. They may freely express and circulate their opinion on matters of a political, economic, social, cultural and religious nature, through the press or by other means, and inform themselves of the free choice of means of information. Censorship is inadmissible.

(2) These freedoms are guaranteed by granting citizens the material conditions vital for their exercise.

6. The far-reaching changes that have occurred in the People's Republic of Bulgaria make it imperative that the National Assembly, that will be elected this year, draw up a new Constitution. The National Assembly will thus be involved in a vast law-making activity, inducing the updating of the Labour Code (the opinion expressed by the Committee of Experts in this respect will be duly examined by the competent bodies).

7. The "Act on the amnesty and release from criminal penalties", published in the Official Gazette No. 6 of 19 January 1990, grants an amnesty for crimes committed in accordance with sections 98, 101 and 131, points 1 and 2 concerning slight bodily injuries, and sections 144, 148, paragraph 1, points 3 and 4, sections 269, 272, 300, 324, paragraphs 2 and 3, section 325, paragraphs 1 and 2, sections 361, 362 and 363 of the Penal Code, committed after 1 January 1984 until the adoption of this Act, in connection with the change of names of Bulgarian citizens. The above-mentioned sections in the Penal Code deal with matters such as "bodily injuries to civil servants, representatives of public opinion, etc.", trials against "threats to individuals or property", slander, crimes against the established order and leadership, against justice, against public law and order, against the military service, etc. The Amnesty Act releases persons from criminal penalties in all cases where there might be a link between the actions committed and the change of names.

8. Any cases that occurred as a result of a breach in the legal labour relationship with these members of the population concerned, including those persons returning from abroad, shall be examined upon the individual request of the persons concerned and will be favourably viewed by the competent bodies.

The Government will also, in the future, consult the employers' and workers' organisations concerned in its attempts to implement fully the principles contained in the statement of the National Assembly of 15 January 1990.

In addition, a Government representative of Bulgaria referred to the preliminary information supplied by his Government in writing in reply to the observations made by the Committee of Experts concerning this Convention. He made some supplementary comments in order to draw attention to some more recent facts. During the general discussion, the members of the present Committee had been informed of the radical changes which had taken place and continued to take place in his country. The speaker added that the measures taken by his Government since 10 November 1989 had been approved by the main political and social forces and by all those who had taken part in the elections of 10 June 1990, of which the second round was to be held on 17 June. The present political consensus in this respect was expressed, firstly, in the declaration of the National Assembly on 15 January 1990. Reiterating the equality of all citizens, this declaration stressed freedom of opinion, of belief, of religion and free choice of name. As set out in this declaration, a special law on the names of Bulgarian citizens had since been adopted and published in the Official Gazette of 9 March 1990. Section 15 of this law provided every citizen with the legal possibility of changing his name. The adoption of this law put an end to the past practice aimed at changing names of Turkish or Arabic origin. A French translation of the text of the law was made available to the ILO at the end of March 1990.

He stated that the profound changes which had taken place in Bulgaria would enable the National Assembly, now being elected, to draft a new Constitution. The platforms of all the political parties called for guarantees in accordance with the Convention. With the agreement of the principal employers' and workers' organisations, the Government had set up a national commission whose task was to conduct tripartite consultation with regard to the participation of his Government in the activities of the ILO. This commission would also contribute to the respect of the obligations set out in the Convention, through negotiation and dialogue between responsible partners. The above-mentioned texts, most of which had come into effect after the conclusion of the work of the Committee of Experts, would be made available to the Office. The speaker also indicated that first, in 1989, a simplified procedure for delivery of passports had come into effect. A large part of the population concerned had taken advantage of this possibility. From May to October 1989 over 300,000 persons had left the country; the majority hoped to find better conditions of work and remuneration abroad. This hope led many of them to leave their jobs hastily without respecting the provisions of the Labour Code and, for this reason, they were dismissed according to disciplinary procedures. Since these workers had made no appeal within the prescribed period, these dissmissals because effective. Secondly, some of these temporary travellers had arranged for a leave of absence from work in accordance with the Labour Code. Thirdly, some of them had sold their property - houses and goods - or cancelled their leases. All of these acts came under civil law and the Labour Code. Disillusioned by harsh realities abroad, such as unemployment and unfavourable conditions, more than 130,000 persons had returned to Bulgaria during the period June-December 1989. According to the latest information, this figure had now reached 220,000 persons.

Two main problems were faced by the returnees: employment and housing. Those who had taken pains to maintain their labour contracts and property rights when leaving were spared these difficulties. This was also the case for farmers, since the farm sector needed manpower and housing was available. This massive migration was linked to the difficulties in regard to restructuring the national economy. In order to overcome the crisis, measures had been taken to reduce manpower costs, imports and production of goods from imported raw materials. In addition, ecological reasons had made it necessary to stop the construction of certain buildings. All these measures had increased unemployment, which concerned all citizens. To combat unemployment, 121 employment offices were set up in January 1990. The possibility now existed of acquiring new skills and private initiatives were being encouraged. The Government programme to combat the crisis was now under way, but it was contingent upon financial possibilities and the transition to a market economy. Nevertheless, the employment offices were giving particular consideration to the persons who had returned to Bulgaria and were having problems. The speaker did not have full details on all the cases of disciplinary dismissal among Bulgarians returning from abroad. The factories in one city, Tolbouhin, including "Orlov", "Dobrich", "Dobrdjanski Textil" and "Jakard" had already rehired the workers who had suffered disciplinary dismissals, including working mothers. In general, among the population in question which induded returnees from abroad, cases which involved the breaking of the labour contract were examined once individual requests were made by the workers concerned; they were treated with understanding by the competent bodies. In the region of the town of Kardjali, according to recent information supplied by the town council, out of 80 families with housing problems, five had returned to their former homes which had not been resold, 65 had received apartments, and 10 were on a waiting list for housing, like other Bulgarian citizens. This region had been referred to in the report of the Committee of Experts under the name of Kircoali, but no such region existed on the map of Bulgaria. Another place named in the report was "Hasky"; he wondered what this name meant. All the problems concerning employment and housing of persons returning from abroad were in the course of being resolved on an equitable basis. The goodwill of the new Government and its new policy guaranteed that the problems of the past would be overcome. This new policy was completely opposite to MDBO MDNM the policy of the past, which had been the basis of the comments of the Committee of Experts.

The Employers' members referred to the parable of the repentant sinner, and expressed the belief that the ILO could likewise rejoice when a country mended its ways as in the present case. The Committee of Experts had dealt with two sets of questions; first of all the constitutional and legislative aspects and secondly the practical aspects. As regarded the practical aspects, complaints had been submitted by many organisations including the International Organisation of Employers; the facts hardly seemed to be disputed and therefore did not need to be listed in detail. They recalled what had been said by the Government representative in the general debate and concluded from this that, while many things were changing in Bulgaria, much needed to be changed. Regarding the legal situation of the equality of all persons, the written information supplied by the Government showed that the necessary measures were being taken and a draft new Article 35 of the Constitution was to be approved which would lay down in greater detail the requirement of equality. However, what appeared to be missing was the element called for in the report of the Committee of Experts, namely, the prohibition of discriminatory treatment because of political opinion or national origin; the new Article 35 mentioned nationality, origin, religion, sex. race, etc., but did not refer to political opinion and national origin. At the practical level there had been massive repression of members of the Turkish minority; they had been obliged to change their names; they had not been allowed to use their language; they had been refused access to many professions; Turkish newspapers had been banned; people who were highly qualified had often had to accept menial jobs. All this was now to be changed and this was in fact a reason for satisfaction.

Referring to a number of measures listed by the Government, the Employers' members considered that certain questions remained. The Government had mentioned a procedure which made it possible to change a name once again. The Employers' members wondered whether there should not be a very simple procedure in this sense for those who had been forced to change their names. A simple declaration should be sufficient and it should no be necessary to go through a lengthy administrative procedure and perhaps even pay a fee in order to regain one's original name. The Government had also indicated that houses could be repurchased; did one have to buy back one's property? The Government representative had dealt with the sudden departure of a large number of persons. Had they left because of discrimination? People did not leave their country unless forced to do so by depressing circumstances or because they were deprived of equal rights. How was compensation envisaged for these people? The Government representative had indicated that two of the names mentioned in the Committee of Experts' report did not refer to any region in Bulgaria. In fact they were regions but the names were written in Turkish in the report. Apparently, they were part of an area mainly inhabited by a Turkish minority and that was why these names had been used. In the context of the enormous changes being faced, which the Government representative had emphasised, the decisive question was what was actually going to happen in practice. What would actually be changed? Things could be changed very rapidly on paper, so it was extremely important to know exactly how the practical changes were being introduced and that the Government would supply a detailled report on this in the future. However, following this first discussion of the question the Employers' members were not without hope; on the contrary, they took account of the goodwill that had been shown here, and hoped that, when this subject would be reconsidered, this Committee would find that there had been complete change in both the legislative and practical situation.

A Workers' member of France had paid close attention to the explanations given by the Government representative of Bulgaria, particularly with regard to amendments of the country's legislation which would give individuals the possibility of evolving in better conditions. The speaker noted that the Government had considerably facilitated the obtaining of passports, which had led to the hasty departure of 300,000 persons and then to their even more hasty return to Bulgaria with all the problems that entailed. The fact that modifications had now been made to correct the situation was not to be doubted; what mattered was to find out how the procedures for return to their former situation were to be carried out. He highlighted the situation of the Turkish minority, especially with regard to the changes in personal identity and all that had been done to jeopardise their cultural identity in the country; this was a point on which the Government representative had said nothing. As for the possibility for them to become full citizens once again, the procedure ought logically to allow them to recuperate their name without any formalities, since they had previously been compelled to change it. The State should pay for this so that they could regain their identity. Without questioning the good intentions shown in this Committee, the speaker observed that this minority - and perhaps other minorities not specifically referred to - had suffered prejudice to their professional position, with all that this implied for their employment and living conditions, their families and children. One could understand that time was required in view of the situation prevailing in the country before the changes which had just taken place. However, it was important to see that good intentions were actually carried out. The Government representative should supply further details, not only on what had already been put into practice, but also on what was envisaged for the future to ensure that all citizens retained their individual freedoms and integrity and stood in full possession of their rights.

The Workers' members noted that the Government had announced changes which would bring its legislation into conformity with the Convention. Taking into account the observations formulated by the Committee of Experts, it seemed that there really had been considerable changes and progress. But on further analysis of the information provided by the Government, it appeared that, there had not yet been a clear-cut response to the first remark of the Committee of Experts, namely that neither the Constitution nor the Labour Code specifically mentioned political opinion and national origin as criteria by which no discrimination, privilege or restraint would be allowed. This should be made more explicit. A second question concerned the measures taken to put into practice the newly announced policies. It was all very well to prepare a new Constitution and new legislation, but the Workers' members needed more detailed information concerning this legislation, and particularly concerning the practices and procedures adopted in order to redress discrimination suffered by the workers. According to certain information, workers who had suffered discrimination were still having to cope with many complex procedures before obtaining redress. More information needed to be given on that score. Hopefully other measures would be adopted and those already taken would be clarified and further guarantees given on the implementation of the Convention.

The Government representative indicated with regard to the changing of names that there was a legal procedure for this, set out in section 15 of Act No. 20 of 9 March 1990. It provided for changing of name, first name, surname or patronym if the name was ridiculous, dishonourable, or socially inacceptable or inappropriate for other major reasons. The change of name was done by addressing a written request to the court of first instance at the place of residence of the petitioner. The court handed down its decision in accordance with section 436 and following of the Code of Civil Procedure; it then sent a copy of its decision to the registrar's office at the place of residence and place of birth of the person for whom the name change was requested so that the change could be entered in the person's birth certificate and in the population register. The Government representative recalled that name change was carried out upon the request of the individual and that the same procedure applied to anyone who wanted to change his name. Since a name change was a legal act, which fell within the mandate of the court, when a name was to be changed a second time, this needed to be done by the competent court, which was the court of the first instance at the place of residence of the petitioner. A different type of procedure (for example, only an administrative one) would not suffice to annul the preceding judicial decision. He recalled that about 200,000 persons had already changed their names after the recent changes in Bulgaria. With regard to freedom of political, cultural, social and religious opinions, he drew the attention of the present Committee's members to Articles 35 and 54 of the Constitution, as amended. Article 54 accorded to citizens freedom of speech, freedom of the press, freedom to assemble and to demonstrate, and to express freely and disseminate their opinions on political, economic, social, cultural and religious questions, through the press or by other means, as well as the right to be informed by freely chosen and uncensored information media. In answer to the question whether persons returning from abroad needed to purchase their home, he explained that many persons who left had sold their home to a third party or to the local community. In the case of persons who had sold their home to the local municipality, upon their return they could purchase it again for the same price if it had not in the meantime been sold. The problem arose when the house had been sold to a third party, because no procedure existed to compel this third party to resell it. To resolve such cases, there was an ordinance by which local municipalities gave those who returned from abroad the opportunity to purchase housing at cost price. Those who had not sold their house upon leaving, continued to be the owners and upon their return simply moved back into their own house. There were also problems with rentals, when leases had not been renewed and tenants were obliged to seek other accommodation. As regarded the changes in practice, according to the declaration of the National Assembly the official language was still Bulgarian, but everyone could speak his own language in everyday life. There was no restriction on speaking other languages, such as Romanian, Greek, Armenian, Hebrew, as in any country. With regard to religion, there was absolute freedom of religion, not only with regard to the Islam, but also to the Jewish, Catholic, Protestant and Orthodox faiths. For example, during Easter this year all the churches had been packed and the ceremonies broadcast on television; Ramadan was also celebrated and broadcast on television. This was a real change because before 10 November 1989, there was no question of televising religious programmes, as was the case now. In the same way, Jewish holidays had also been broadcast on television. Likewise, although the elections were still underway, deputies adhering to each of these religions had already been elected to the Great Assembly. With regard to the situation of the workers, the speaker recalled that most of those who had returned back to work at their former place of employment, including those who had suffered disciplinary dismissal; they were being helped to reintegrate in their profesion or in production. He was not able to give figures, but through the press and television one could see great changes. The Great Assembly was now drafting a new Constitution and all the political groups represented there had agreed on its drafting. This Constitution would fulfill all the obligations of the State of Bulgaria with regard to the ratified Conventions and international agreements. Likewise, a revision of the Labour Code was foreseen to take account of all the changes that had occurred in the country's economy. The Government elected at the next elections would inform the ILO of all these changes, both in legislation and in practice.

The Workers' member of the United States addressed a further inquiry to the Government representative with respect to changes of name and the procedure to be followed for this. According to the Government representative, the existing law or regulation was that in the case of a foolish name or a name which was socially unacceptable, the procedure involved petitioning the court and asking that it be changed. He wondered whether the existing procedure was not rather short-sighted, and whether a wider procedure should be adopted with particular attention being directed to the question of the Turkish people who had been obliged to change their names and in some case flee the country.

The Workers' member of France wanted to know more about the effective abrogation of the law which had forbidden use of the Turkish language in Bulgaria, and about the situation of persons of Turkish origin who had been dismissed from their jobs for refusing to give up their Turkish culture. Had all of these persons been reinstated in their former jobs, or were procedures foreseen to ensure that this was done? The Turkish language newspapers had been banned; had they now been authorised once again and were they actually being published? What was the situation of farmers in the Kircoali region, who had been compelled to abandon their homes, their work, their farms? Were they now fully enjoying their rights? These questions were raised once again in reference to recent events affecting the Turkish minority. If such events were not to recur, it would appear necessary for the measures which were under way to be speeded up, so as to eliminate all discrimination against this minority and other minorities.

The Workers' member of Pakistan wanted to have more information about the developments which had taken place concerning the procedure for change of name, and wanted to know whether the position of persons who had previously been required to change their names from the Turkish language into the Bulgarian language had been redressed. Concerning those workers who had returned to Bulgaria, he asked whether they had been enabled to obtain redress, as recommended by the Committee of Experts, in order to correct the situation and to enable them to resume their previous employment or occupation, and also whether they had received any compensation for any losses they might have suffered by reason of the violation of their constitutional rights.

The Workers' members of Poland asked what the Bulgarian Government planned to do in order to dismantle the system of nomenclature, which ran counter to the fundamental standards of the Convention.

The Government representative repeated the information that he had previously given regarding the possibility of recuperating one's previous name. He stated that the name changing had not been based on any legislative provision. In this respect, the court action now in process against the former President of the State Council should shed light on how these measures had been taken. Consequently, he repeated that there was no legal basis justifying the changing of names. In practice, individuals had been obliged to change their names before the courst and it was now therefore necessary to have recourse to these same courts in order to change them back again. Regarding the question as to how reintegration of Bulgarian citizens returning from abroad was organised, he stated that it was the municipal bodies which had been given this task, with regard to both finding housing and work. As for the query on any recurring obligation to change names, he stated that this measure had not been revived since it had originated with the former President of the State Council. In reality the different nationalities in the country coexisted harmoniously, and after the reintegration of the returning families the conflict was ended. If one considered that 330,000 people had left the country, and 220,000 had returned, these figures gave an idea of the real situation. As for any compensation due to these people, by law anyone who had been subject to repression had the right to an indemnity. But all those who had left, had gone freely with their passports. No one had been forced to leave the country. All those who had left the country had left with their possessions, their cars and their passports. Upon their return to the country they had the same rights as other Bulgarians citizens with regard to the question of the nomenclature, the speaker claimed that this went beyond the subjects dealt with by the Committee and that in any case, the elections which were now taking place would yield a solution to this question as well.

The Employers' members thanked the Government representative for the additional information supplied. It was not possible to consider all the details here. Some details were perhaps not yet fully satisfactory, particularly regarding the recuperation of names of those who had been previously forced to change their names. This should not be put in the same category with just a normal change in name which existed in all countries. In this respect, it was necessary to take into account that there had been a patent injustice. Many measures which were now being adopted to put things in order therefore had to be considered in the spirit of compensation and this needed to be be reflected in the speedy application of these measures. Changes made on paper were not enough, as the Government representative himself recognised when he observed that certain events had taken place even after the legislation had prohibited them. The former Constitution had prohibited discrimination but there was in fact discrimination; and this was because the will of an ideology had taken precedence over any law. The Committee of Experts now had to consider this case thoroughly. The present Committee could decide on any follow-up action. The Employers' members wished the Government good lucky in the enormous task of redressing the situation.

The Workers' members thanked the Government representative for the additional explanations and details. However, there were a series of questions that had not yet been resolved. They noted that the Government had committed itself to supplying the ILO with full information on the practical implementation of the measures taken. The questions posed, and the replies of the Government representative clearly showed that there were still a number of points which required further examination. First, concerning the repurchasing of houses the Government representative had admitted that there were still some problems on this score. Secondly, the procedure for name-changing remained just a normal procedure that did not take into account the special circumstances of the case, as the Workers' member of the United States had pointed out. The question remained whether an appropriate procedure for recuperating one's previous name should not be adopted. Thirdly, with regard to the earlier comments of the Committee of Experts concerning the criteria for discrimination, differences persisted between the existing and proposed constitutional provisions to which the Government representative had referred, and the application of the Convention. What was most important in this respect was to identify the criteria for discrimination.

The Committee noted with interest the information given by the Government about the recent changes and developments in the country. The Committee was aware that the implementation of legsilative measures in practice normally took some time. However, it was not completely satisfied that the Government had taken sufficient measures to meet the requirements of the Convention. It expressed the hope that the Government would give full particulars on further legal steps taken as well as on their implementation in practice as soon as possible.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes from the national report on the implementation of the Beijing Declaration (Beijing+25) that: (1) between 2014 and 2019 measures were implemented to prevent sexual harassment at the workplace; and (2) there were 14 cases of sexual harassment that came before the Commission for Protection against Discrimination (CPD). It notes the concern of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) about the prevalence of sexual harassment in the workplace, particularly in the garment sector where the majority of workers are women belonging to marginalized groups. The CESCR also expressed concern at the low level of awareness of sexual and other forms of harassment and the low rate of reporting of harassment (E/C.12/BGR/CO/6, 29 March 2019, paragraph 23). The Committee encourages the Government to investigate the reasons for the low number of reports or complaints and take the necessary measures to address them. It also asks the Government to provide information on the specific measures implemented to prevent and address all forms of sexual harassment at the workplace, including in the garment sector, in collaboration with the workers’ organizations concerned.

Article 2. Equality of opportunity and treatment. Workers with disabilities. The Committee notes the concerns expressed by the United Nations Committee on the Rights of Persons with Disabilities (CRPD), in its concluding observations, that: (1) there remains segregated education systems, and that children with disabilities are not allowed to enrol in mainstream schools; (2) the lack of data on the number of children and youth with disabilities not currently enrolled in any form of education; (3) despite the incentives offered to employers to hire persons with disabilities, such persons continue to face unemployment and discrimination in the employment sector; (4) the low level of awareness among employers about reasonable accommodation at the work place; and (5) the low transition rate of persons with disabilities from sheltered workplaces into the open labour market (CRPD/C/BGR/CO/1, 22 October 2018, paragraphs 49 and 57). In this regard, the Committee welcomes the indication from the Government in its report that, under the National Action Plan for Promoting the Equality between Women and Men for the period 2021-2022, key actions include encouraging employers to ensure equal access when hiring women and men with permanent disabilities in a regular, specialized and protected work environments; encouraging women entrepreneurs with permanent disabilities to actively participate in the program for starting an independent business activity; and stimulating the non-governmental sector to create conditions for social inclusion of people with disabilities. Furthermore, the Committee notes with interest the Persons with Disabilities Act, which entered into force in 2019. The Act aims at ensuring and promoting full and equal rights and freedoms for persons with disabilities and provides for employment quotas and accommodation of workplaces. The Committee asks the Government to provide information on any measures taken to promote:

• (i)equal access to education and training for children and youth with disabilities; and
• (ii)equality of opportunity and treatment in respect of employment and occupation for persons with disabilities, including in the framework of the Action Plan for Promoting the Equality between Women and Men for the period 2021-2022.

It further asks the Government to provide:

• (i)information on the application of the Persons with Disabilities Act in relation to employment and its impact on employment rates and conditions of persons with disabilities; and
• (ii)any data available about the participation of women and men, and boys and girls with disabilities in education, vocational training, employment and occupation.

Equality of opportunity and treatment for men and women. The Committee notes with interest the adoption of the Law on Equality of Women and Men which entered into force on April 26, 2016. In particular, it notes that: (1) section 6 establishes a National Council for the Equality of Women and Men which is responsible for proposing measures to promote the state policy in this regard; (2) in accordance with section 7, the Minister of Labour and Social Policy, amongst other things, organizes a system for monitoring the equality of women and men; (3) sections 2 and 4 provide for various actions and approaches, including (a) a balanced representation of women and men in all decision-making bodies, (b) overcoming gender stereotypes, (c) integrating the principle of equality of women and men into legislation, policies, strategies, programs and plans and (4) the application of temporary incentive measures.

The Committee notes the concern expressed by the CESCR, in its concluding observations, about the persistent stereotypes about roles of men and women resulting in a disproportionate burden of unpaid domestic and care work for women, which hinders their full participation in public life and in the labour market, as well as the horizontal and vertical occupational segregation between men and women. (E/C.12/BGR/CO/6, paragraphs 15 and 17). It further notes from the Main Labour Force Survey of the National Statistical Institute that in the second quarter of 2022, the employment rate was 59.7 per cent for men and 48.1 per cent for women. In that context, the Committee welcomes the National Strategy for Promoting the Equality of Women and Men for the period 2021-2030, adopted on December 30, 2020, and in particular the priority area on “Equality of women and men in the labour market and an equal degree of economic independence” alongside the six key actions to achieve progress in this area. The Committee asks the Government to continue providing information on practical measures taken to ensure equal access to opportunities for men and women in the labour market and in particular, measures taken to promote women’s access to gender atypical employment and occupations, including through awareness-raising campaigns addressing gender stereotypes and training opportunities. It also asks the Government to provide information on implementation, and monitoring of progress of the National Strategy for Promoting the Equality of Women and Men for the period 2021-2030, the National Action Plan for Promoting the Equality between Women and Men for the period 2021-2022, and the Law on Equality of Women and Men, and on the results achieved in relation to employment and occupation.

Equality of opportunity and treatment irrespective of race, colour, national extraction or religion. Roma people (and other ethnic, religious and linguistic minority groups). The Committee notes with interest the adoption of the National Strategy for Equality, Inclusion and Participation of the Roma (2021 - 2030) which highlights several urgent issues facing the Roma community including that: (1) the COVID-19 pandemic has strengthened the vulnerability of isolated and marginalized Roma communities; (2) the percentage of young Roma aged 16-24 who do not work, study or receive additional training as a main activity is 79 per cent for young Roma women and 52 per cent for young Roma men; (3) the share of Roma students attending schools with mixed ethnicities has almost halved; (4) the level of discrimination in the country is estimated at 26 per cent. The Committee notes from the Strategy the following priorities: (1) creating conditions for the implementation of integrated, inclusive and intercultural education; (2) equal access of the Roma to the labour market and an increase in employment of Roma men and women; (3) guaranteeing the rights of citizens and prevention and counteraction to intolerance and hate speech; and (4) monitoring through an annual report on progress. The Committee notes that the Report of the United Nations Special Rapporteur on violence against women, its causes and its consequences, on her visit to Bulgaria was alarmed that the National Council for Cooperation on Ethnic and Integration Issues and the National Statistical Institute does not collect data on school dropouts disaggregated by ethnicity, which would allow the specific needs of Roma communities to be extrapolated and that civil society reported a 65 per cent dropout rate for Roma girls between the sixth and eighth grades. She also noted that Roma women have a 42 percentage points lower employment rate than the total population (A/HRC/44/52/Add.1, 19 May 2020, paragraphs 52 and 61). The Committee therefore asks the Government to provide information on the measures taken under the National Strategy for Equality, Inclusion and Participation of the Roma (2021 - 2030) and the results thereof, including information on specific steps taken towards overcoming the ethnic separation of children in education; reducing the high school drop-out rate, particularly of Roma girls; ensuring equal access of Roma men and women to the labour market; and forming a culture of equality for Roma women and encouraging their full participation in public life. It asks the Government to continue providing information on measures taken to promote equal access to employment and occupation of persons from other ethnic, religious and linguistic minority groups.

Article 5. Affirmative measures.The Committee asks the Government to provide information on the application of section 24 of the Protection Against Discrimination Act, according to which employers must encourage persons belonging to under-represented sex or ethnic groups to apply for certain jobs or positions, or for vocational training and the results achieved, indicating the manner in which it is monitored and enforced.

Enforcement.Noting the information provided by the Government on discrimination cases dealt with by the courts,the Committee asks the Government to:

• (i)provide global statistical information on the number, nature (ground concerned) and outcome (sanctions and compensation) of cases dealt with by the CPD and the Courts; and
• (ii)any obstacles encountered by victims of discrimination to obtain redress.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 5 October 2015. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. Previously, the Committee had noted the National Strategy on the Promotion of Gender Equality for the period 2009–15, and the new Bill on Equal Opportunities between Women and Men, which was discussed by the National Assembly in 2010. It had further noted that the statistics provided by the Government showed a significant difference in the employment rate of men and women. From the Government’s current report, the Committee notes that this difference still remains, but that following the impact of the 2008 economic crisis in the country (associated with job losses in sectors dominated by men), the difference in employment between men and women has decreased from nearly 11 percentage points before 2008, to about 6 percentage points in 2014. The Committee notes also the results of the 2013 Eurostat Labour Force Survey, which indicate that: (i) the employment rate of women is at 56.3 per cent, which is still 5 percentage points below the male employment rate (61.3 per cent); (ii) the secondary education attainment of women is at 77.1 per cent; (iii) the college/university (tertiary education) attainment of women has increased to 25.2 per cent; and (iv) the under-representation or over-representation of women and men (horizontal segregation) is less pronounced than the under-representation or over-representation of women and men on hierarchical levels (vertical segregation) in that 12.0 per cent of board positions and 31.0 per cent of management positions are held by women. In that context, the Committee notes the measures taken by the authorities to promote equal participation of women and men in the labour market and reconcile professional and family life. For example, the Ministry of Labour and Social Policy is currently implementing a project on equality in decision-making in the economy under the PROGRESS programme (2007–13) of the European Commission aimed at creating a supportive environment and conditions for the promotion of balanced participation of women and men in management and leadership positions at different levels in the hierarchy of companies. The Committee notes the various schemes aimed at increasing employment rates under the “Human Resources Development” programme (2007–13), particularly the scheme entitled “Back to Work”, which provides free care for children up to 3 years of age thereby promoting the return to work of mothers with small children. It also notes the CITUB’s indication that, together with the Economic and Social Council, it prepared an opinion on the need to develop a national strategy to reconcile family and professional life and that concrete proposals have been adopted and sent to the competent national institutions, social partners and other civil society bodies. The Committee further notes that the Government has developed a practical guide on the Protection Against Discrimination Act, “Rights and obligations of workers, employers and trade unions”. The Committee asks the Government to continue providing information on practical measures taken to ensure equal access and opportunities for men and women in the labour market and particularly measures taken to motivate graduates to enter gender atypical occupations. It also asks the Government to indicate whether the impact of the National Strategy on the Promotion of Gender Equality 2009–15 has been reviewed, and, if so, the results of this review and whether there are any forthcoming plans for a new strategy. The Committee also asks the Government to indicate whether it has responded to the proposals regarding reconciling family and professional life forwarded by the Economic and Social Council and the CITUB and whether it has taken any steps towards developing a national strategy for reconciliation of family and professional life. The Committee further requests the Government to confirm that the Bill on Equal Opportunities for Men and Women has been adopted.

Sexual harassment. The Committee notes with interest the adoption of an amendment to the Act of 24 September 2003 on Protection Against Discrimination by an Act of 25 March 2015 modifying and supplementing the initial Act of 2003. This amendment shifts the burden of proof to the employer in discrimination cases, once the complainant has produced prima facie or plausible evidence of a prohibited discrimination. The Committee considers that this is a useful means of correcting a situation that could otherwise result in inequality, as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer (2012 General Survey on the fundamental Conventions, paragraph 885). The Government indicates that the prohibition of sexual harassment under the Protection Against Discrimination Act is ensured through the possibility to initiate legal proceedings by both civil and administrative procedure as well as to make complaints to the Commission for Protection against Discrimination (CPD). The Committee notes that the total number of initiated cases for sexual harassment between 2012 and 2014 was nine, and that in two of the cases a decision was enforced. The Committee notes the summaries provided of the two cases handled by the CPD. The Committee notes that in one of the cases in which the CPD established that sexual harassment had taken place, the Commission fined both the respondent responsible for causing sexual harassment as well as the company employer who failed to take measures to fulfil its obligations under section 17 of the Protection Against Discrimination Act. It also notes the CITUB’s suggestion that the Government should be requested to indicate how many companies in the country have developed – in cooperation with workers’ organizations – measures to prevent any form of discrimination in the workplace, including sexual harassment. While noting that there is a system in place for victims of sexual harassment to seek redress, the Committee encourages the Government to investigate the reasons for the low number of complaints and emphasizes that a low number of complaints can be an indication of a lack of awareness of rights, a lack of confidence in available legal remedies, difficulties in accessing them in practice or a lack of understanding and recognition of this form of sex discrimination among workers, government officials and workers’ and employers’ organizations. The Committee also reiterates its request to the Government to indicate how protection against sexual harassment is ensured in practice at the workplace, including through preventive measures and awareness raising, in collaboration with the workers’ organizations concerned.

Equality of opportunity and treatment irrespective of race, colour, national extraction or religion. Roma people (and other ethnic, religious and linguistic minority groups). The Committee recalls that the National Strategy for Roma Integration for the period 2012–20 was adopted in March 2012, and promotes equality of opportunity and treatment of the Roma people in access to education and employment. The Committee notes the information provided by the Government on the activities to promote access to vocational training and employment of the Roma people, and that in 2012, 21,663 persons of Roma origin were involved in training and employment activities. The Committee notes in particular that under the national programme “From Social Assistance to Employment”, employment was provided to 3,529 persons of Roma origin, and that the programme “Activation of non-active persons” of the National Employment Agency has continued to engage Roma people in employment in the labour offices as Roma mediators to activate and involve inactive and discouraged persons in the labour market. At the end of 2014, 57 mediators worked in 52 labour office directorates. As a result of the operation of the programme, at the end of 2014, 10,923 inactive and discouraged persons registered in labour offices, 2,500 of which were provided with employment or training. The Government further indicates that specialized job fairs for unemployed Roma persons resulted in 3,680 persons finding employment between 2006 and 2013, and that social and civil dialogue has taken place with Roma non-governmental organizations. The Committee notes that in 2013 there were 104 meetings between the labour offices’ directorates and Roma non-government organizations. The Committee also notes the Government’s indication that the National Employment Agency has also been tasked to promote equal access to employment for persons from other ethnic, religious and linguistic groups including trainings for the improvement of professional skills, as well as the appointment of job mediators to cater for the specific needs of vulnerable groups on the labour market.

In regard to education, the Committee notes from the Government’s report the various measures aimed at promoting equality of access to education of ethnic, religious or linguistic minorities. It notes, in particular, that the National Strategy for Roma Integration aims at enrolling and retaining in the educational system all Roma children and students, ensuring for them high quality education in a multicultural environment. In this connection, the Government indicates that the first plan in implementing the Strategy for Reducing Early School Leaving (2013–20) focuses on, among others, implementing policies for overcoming the separation as per the ethnicity of children and students and increasing the scope for additional education in the Bulgarian language. The Government also indicates that various awareness-raising activities have taken place in kindergartens and schools to combat negative stereotypes and build positive attitudes towards the educational integration of Roma children. The Committee asks the Government to continue to take concrete measures to foster equal opportunities for Roma people with respect to access to employment and education, and to continue and intensify its efforts to assess and monitor the progress made in this respect. The Committee requests the Government to provide information on measures taken under the National Strategy for Roma Integration and the results thereof, including information on specific steps taken towards overcoming the ethnic separation of children in education and increasing the provision of Bulgarian language education. It requests the Government to continue providing information on measures taken to promote equal access to employment and occupation of persons from other ethnic, religious and linguistic minority groups.

Article 5. Special measures. The Committee notes that the Government’s report does not contain any information with regard to the application in practice of section 24 of the Protection Against Discrimination Act, according to which employers must encourage persons belonging to under-represented sex or ethnic groups to apply for certain jobs or positions, or for vocational training. The Committee once again asks the Government to provide information on the manner in which section 24 of the Protection Against Discrimination Act is monitored and enforced. The Committee also asks the Government to provide details on any measures taken or envisaged based on the outcome of the equal opportunities study.

Enforcement. The Government reports that between 2012 and 2014, the CPD has implemented projects on discrimination in employment and occupation, including specialized workshops organized for individual categories of workers on the principle of equal treatment and non-discrimination. The Committee notes that the CPD is currently preparing and implementing new initiatives aimed at raising awareness and preventing discrimination in the workplace and that the total number of cases brought to the CPD was 53 for the period 2012–14. The Committee asks the Government to continue to provide information on the measures taken to raise awareness on the right to non-discrimination and equality, including the activities of the CPD. The Committee also asks the Government to continue providing information on the number, nature and outcome of cases dealt with by the CPD and the Courts. The Committee emphasizes that information on cases should include the nature of cases, meaning the grounds invoked and the area of employment concerned.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls the National Strategy on the Promotion of Gender Equality for the period 2009–15, and the new Bill on Equal Opportunities between Women and Men, which was discussed by the National Assembly in 2010. The Committee notes with interest the repeal in 2010 of the Ordinance of the Minister of Defence No. 14 of 2005, which had prevented women from serving as military officers. The Committee also notes the statistical information provided by the Government, which shows that a significant difference remains in the employment rate of men and women. The Committee further notes from the statement by the Government dated 12 July 2012, to the United Nations Committee on the Elimination of Discrimination against Women, that the National Action Plan on Equal Opportunities for Women and Men for 2012 sets out specific measures to ensure better representation of women in decision making positions both in the public and private sectors, and to eliminate gender stereotypes. A total of 13 companies have agreed to abide by the targets of achieving 30 per cent representation of women in members of governing bodies by 2015, and 40 per cent representation of women by 2020. In addition, in 2011, the Commission for the Protection against Discrimination (CPD) conducted surveys on gender stereotypes showing that female leaders were rarely mentioned in history, science and other areas, and the CPD organized seminars for media to raise awareness about gender stereotypes.

The Committee requests the Government to continue to provide information on the following:

• (i) the practical measures taken to implement the National Action Plan and the Strategy on the Promotion of Gender Equality with a view to ensuring equal access and opportunities for men and women in the labour market, including to decision-making and management positions in the private and public sectors, as well as the results achieved;
• (ii) any steps taken to raise awareness among workers and employers on gender stereotypes, in particular, assumptions regarding women’s professional capabilities and aspirations, as well as the results achieved;
• (iii) the progress made in the adoption of the Bill on Equal Opportunities between Men and Women; and
• (iv) cooperation with workers’ and employers’ organizations in the design and implementation of the measures taken to promote gender equality.

Sexual harassment. The Committee notes the information provided by the Government on decisions of the Supreme Administrative Court and of the CPD concerning sexual harassment. The Committee asks the Government to continue to provide information on any cases of sexual harassment addressed by employers pursuant to section 17 of the Protection against Discrimination Act, and by the labour inspectorate, the CPD, or the courts. The Committee also asks the Government to indicate how protection against sexual harassment is ensured in practice at the workplace, including through preventive measures such as the awareness-raising activities on this issue.

Equality of opportunity and treatment irrespective of race, colour, national extraction or religion. The Committee recalls the regular monitoring reports identifying the remaining challenges in implementing the National Action Plan (NAP) on the initiative “Decade of Roma Inclusion 2005–15”, aimed at promoting equal access to employment, training and education of the members of the Roma community. It also recalls the recommendations contained in the monitoring report, focusing on the need to improve the coordination between the various institutions and municipalities for joint action, the creation of a Coordinating Council to monitor the implementation of the NAP, and continuation of the collection and analysis of comparable data to monitor the progress made. The Committee notes that the National Strategy for Roma Integration for the period 2012–20 was adopted in March 2012, the priority areas of which include education and employment. This National Strategy aims at contributing to achieving 76 per cent employment among the population aged 20–64 by 2020. Currently 87.7 per cent of Bulgarians, 74.3 per cent of persons of Turkish origin, and 50.2 per cent of persons of Roma origin are employed among the economically active persons. The strategic goal of the National Strategy also refers to observing the principles of equality and non discrimination. The Committee also notes the Government’s indication that in 2010, the self-identification form had been completed by 42,755 persons who identified themselves as Roma, and the statistical information on the number of persons of Roma origin receiving various training and vocational guidance from the Labour Offices. In particular, under the “Activation of non-active persons” programme of the Employment Agency, 125 unemployed persons of Roma origin received professional training, of which 91 persons continued to work in 69 Labour Offices as of the end of 2010. In addition, under a national programme “From social assistance towards provision of employment”, 12,159 persons of Roma origin were provided with employment opportunities in 2010.

With respect to access to education, the Committee notes the Government’s indication that the strategy for educational integration of children and schoolchildren of ethnic minorities was updated in 2010. The emphasis has been put on the quality of education in schools which cater predominantly to children of Roma origin, and on multicultural education in the Bulgarian language. The Committee asks the Government to continue to take concrete measures to foster equal opportunities of Roma people, particularly with respect to access to employment and education, and to continue and intensify its efforts to assess and to monitor the progress made in this respect. It also asks the Government to provide information on measures taken further to the recommendations of the monitoring reports of the NAP, as well as the outcome of the National Strategy for Roma Integration for the period 2012–20, including statistical information concerning the situation of Roma people in the labour market. Please provide information on the measures taken to promote equal access to employment and occupation in the public and private sectors of persons from other ethnic, religious and linguistic minority groups, in particular, persons from Turkish origin, Bulgarian-speaking Muslims (Pomaks) and persons of Macedonian origin, as well as statistical information concerning their situation in the labour market, including the number of persons filling in the self-identification form.

Article 5. Special measures. The Committee notes that the Government’s report does not contain any information with regard to section 24 of the Protection against Discrimination Act, which refers to obligations of the employer concerning special measures. The Committee once again asks the Government to provide information on the manner in which section 24 of the Protection against Discrimination Act is monitored and enforced. The Committee also asks the Government to provide details on any measures taken or envisaged based on the outcome of the equal opportunities study.

Parts III to V of the report form. Enforcement. The Committee notes the statistical information provided by the Government on the litigation initiated at the CPD for the period 2009–11. It also notes the Government’s indication that in 2010, the Ministry of Labour and Social Policy and the European Commission co-financed the project “Progress to equality: National effective and innovative practices for prevention and fight against discrimination”. Under this project, the priority areas of which include equal treatment and non-discrimination in employment, seminars have been held for employers and managers of small and medium-sized enterprises; a guidebook for employers on workplace diversity was drafted; and 115 representatives of employers’ and workers’ organizations were trained. The Committee requests the Government to continue to provide information on the measures taken to raise awareness of the right to non-discrimination and equality, including the activities of the CPD regarding discrimination in employment and occupation. The Committee also asks the Government to provide information on the application of the Convention, including detailed information on the number, nature (i.e. discrimination grounds and area of employment concerned) and the outcome of the cases dealt with by the CPD and the courts.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2 and 3 of the Convention. Implementation of the anti-discrimination legislation. The Committee notes the information provided by the Government on recent case law involving questions of discrimination in employment and occupation. It also notes the Government’s indication that the Commission for Protection against Discrimination (CPD) publishes and disseminates awareness-raising and promotional material, including a collection of laws and regulations on discrimination and information brochures and leaflets providing basic knowledge of fundamental rights and instructions on how to bring a complaint before the CPD. Training seminars and information sessions on the rights arising from the national anti-discrimination legislation are organized as well as joint working groups with representatives of workers’ and employers’ organizations on non-discrimination and equality issues. A study was carried out, followed by a national conference in November 2008 on “Diversity at the workplace” and another study was prepared in 2009 on “Equal opportunities and non-discrimination in the activity of the Employment Agency and its territorial subdivisions”. Welcoming the various measures taken to raise awareness of the right to non-discrimination and equality, the Committee requests the Government to continue to provide information on the activities of the Commission for Protection against Discrimination regarding discrimination in employment and occupation, including detailed information on the number, nature (i.e. discrimination grounds and area of employment concerned) and the outcome of the cases dealt with. It also asks the Government to indicate the measures taken to address discrimination in employment and occupation further to the findings of the studies to which the Government referred.

Equality of opportunity and treatment of men and women. The Committee notes the detailed information provided by the Government on its policies and programmes on gender equality. In particular, it notes the adoption in December 2008 of a National Strategy on the Promotion of Gender Equality for the period 2009–15 which aims at ensuring equal opportunities for men and women in all spheres of life, including employment, and is monitored by the National Council for Equal Opportunities for Women and Men. The Committee also notes the Government’s indication that gender equality in the labour market is implemented through National Action Plans for the Promotion of Equality between Men and Women and was also an aim of the Employment Strategy for the period 2004–10. According to the Government’s report, a new Bill on Equal Opportunities between Women and Men was prepared in 2006 by the Ministry of Labour and Social Policy and was being discussed by the National Assembly in 2010. The Committee requests the Government to provide information on the following:

• (i) the practical measures taken to implement the National Action Plans and Strategy on the Promotion of Gender Equality with a view to ensuring equal access and opportunities for men and women in the labour market, including to decision-making and management positions in the private and public sectors;
• (ii) any steps taken to address gender stereotypes, in particular assumptions regarding women’s professional capacities and aspirations;
• (iii) the progress made in the adoption of the Bill on Equal Opportunities between Men and Women; and
• (iv) cooperation with workers’ and employers’ organizations in the design and implementation of the measures taken to promote gender equality.

Sexual harassment. The Committee notes the Government’s indication that it does not have any information on the implementation and enforcement of provisions of the Protection against Discrimination Act concerning sexual harassment. In view of the gravity and serious repercussions of this form of sex discrimination both for the workers and the enterprises, the Committee asks the Government to indicate how protection against sexual harassment is ensured in practice at the workplace, including through preventive measures. Please provide information on any cases of sexual harassment addressed by employers pursuant to section 17 of the Protection against Discrimination Act, and by the labour inspectorate, the Commission for Protection against Discrimination, or the judicial authorities.

Article 5. Special measures. The Committee notes the Government’s indication that information on the measures taken pursuant to section 24 of the Protection against Discrimination Act (according to which employers must encourage persons belonging to the under-represented sex or ethnic group to apply for available jobs or positions and for vocational training), will be provided after completion of the study on “Equal opportunities and non-discrimination in the work of the Employment Agency and its territorial divisions”. Noting that section 24 of the Protection against Discrimination Act refers to obligations of the employer, the Committee requests the Government to provide information on the manner in which this provision is monitored and enforced. The Committee also asks the Government to provide details on the measures taken pursuant to section 24 and any measures taken or envisaged based on the outcome of the equal opportunities study.

Collection of data concerning the situation of ethnic minorities. The Committee notes that according to the Government’s report, by the middle of 2009, the self-identification form has been completed by 34,511 persons who identified themselves as Roma (30,963 by the end of 2008 and 40,529 by the end of 2007). With respect to studies on the employment situation of disadvantaged groups, the Committee notes that the Government refers again to the study on “Equal opportunities and non-discrimination in the work of the Employment Agency and its territorial divisions”. The Committee asks the Government to continue to provide information on the situation of ethnic minorities in employment and occupation including providing statistical information on the labour market situation of ethnic minorities.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Access to education, training and employment. Equality of opportunity and treatment irrespective of national extraction or religion. The Committee welcomes the detailed information, including statistics, provided by the Government regarding training and employment programmes, including measures taken with a view to promoting self-employment, for persons from the Roma community and on the results achieved in terms of participation in these programmes. The Committee notes that measures have been taken in order to improve the skills of Roma people and to support Roma entrepreneurs. In addition, employees from the Employment Agency have received specific training to work with representatives of the Roma community and other ethnic minorities.

The Committee notes with interest the measures taken to monitor the programmes and measures aimed at promoting equal access to employment, training and education of the members of the Roma community. It notes the Government’s indication that the monitoring of the implementation of the National Action Plan (NAP) on the initiative “Decade of Roma Inclusion 2005–15” is carried out by an interdepartmental working group which prepares on a regular basis a monitoring report identifying the remaining challenges. The following main challenges were identified for Roma people in the field of employment: high unemployment rate (in particular long term unemployment), high number of discouraged persons, need to broaden the scope of active employment measures for long term inclusion, high number of persons working without a formal employment contract, and lack of initial capital to start a family business. The monitoring report also contains recommendations, focusing on the need to improve the coordination between the various institutions and municipalities for joint action, the creation of a Coordinating Council to monitor the implementation of the NAP, and continuation of the collection and analysis of comparable data to monitor the progress made.

With respect to access to education, the Committee notes the detailed information provided by the Government on the various measures that are being taken with a view to removing Roma children from special kindergartens and schools and integrating them in the school system. According to the Government, the number of integrated schools has increased from 262 in 2006–07 to 298 in 2007–08 and activities are carried out on a permanent basis to facilitate mutual adaptation of Roma children and other children in their new educational environment and to build positive attitudes among all children, parents and teachers.

The Committee requests the Government to continue to take concrete measures to foster equal opportunities of Roma people, particularly with respect to access to employment and education and to provide information thereon, including statistical information concerning their situation in the labour market. The Committee also requests the Government to continue and intensify its efforts to assess and to monitor the progress made in this respect, and to provide information on measures taken further to the recommendations of the monitoring reports. The Government is asked to provide information on the measures taken to promote equal access to employment and occupation in the public and private sectors of persons from other ethnic, religious and linguistic minority groups, in particular persons from Turkish origin, Bulgarian-speaking Muslims (Pomaks) and persons of Macedonian origin.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that new measures have been taken to extend the offer of childcare services with a view to promoting women’s access to employment. The Committee will address these measures in the context of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee also notes the Government’s indication that between January and June 2007, 38,505 women took part in employment programmes and projects, and 3,384 women took part in vocational qualification training with a view to promoting their access to employment. In 2007, women’s employment rate was 57.6 per cent compared to 66 per cent for men. Women’s unemployment was at 7.3 per cent compared to 6.6 per cent for men (all figures for population aged 15–64). The Committee notes from ILO statistical data for 2006 that among those working in the occupational category of legislators and senior officials some 31 per cent are women. By contrast women are overrepresented among professionals (67 per cent). The Committee requests the Government to provide full information on its policies and programmes to achieve greater gender equality in the labour market by promoting actively equal access and opportunities of men and women to jobs in the widest possible range of economic activities and occupations. The Committee also requests the Government to provide information on any specific measures taken to ensure equal access of men and women to decision-making and management positions in the private and public sectors and the progress made in increasing women’s share in high-level jobs. In addition, the Government is asked to provide detailed statistical information on the position of men and women in the labour market, including their distribution in employment in the different economic activities and occupations.

Sexual harassment. The Committee notes that the report contains no reply to the Committee’s previous request to provide information on the implementation and enforcement of provisions of the Act on the Protection against Discrimination concerning sexual harassment. The Committee requests the Government to provide this information in its next report.

Articles 2 and 5. Special measures. The Committee recalls that, pursuant to section 24(1) of the Act on Protection against Discrimination, employers must encourage persons belonging to the under-represented sex or ethnic group to apply for available jobs or positions. Under section 24(2), the employer is obliged to encourage vocational training of the same target group. The Committee requests the Government to provide information on the implementation and enforcement of these provisions.

Collection of data concerning the situation of ethnic minorities. Further to its observation, the Committee requests the Government to provide a copy of the self-identification form provided to the Employment Agency, to indicate how this measure has assisted the authorities to monitor better the level of registered unemployment among ethnic minorities, and to provide any statistical data established as a result of this measure. Please also indicate whether any studies are being carried out regarding the employment situation of disadvantaged ethnic groups and on measures being taken or considered to improve the means and methods to monitor it, including through appropriate data collection and analysis. The Committee requests the Government to seek the advice of the Commission on the Protection of Discrimination in this respect and to provide information on the Commission’s views thereon.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 2 and 3 of the Convention. Implementation of the anti-discrimination legislation. The Committee notes with interest that the Commission on the Protection against Discrimination has been able to increase its level of activities, both in the area of prevention of discrimination as well as in the adjudication of cases. In 2006, some 389 complaints were filed with the Commission compared to 89 in 2005. In respect of 220 complaints of discrimination, proceedings were initiated and in 71 cases the Commission found violations of the equal treatment principle. The Committee notes that a number of cases related to employment matters, although the report gives no precise case information either as to the subject matter or the ground of discrimination in respect of each case. The Committee welcomes the efforts of the Commission to extend its activities to the different regions of the country which has led to increased awareness of the legislation and, as a result, an increase in the number of complaints received. The Committee also notes that the Commission has collaborated with the national workers’ and employers’ organizations and has signed framework agreements on cooperation on the prevention of discrimination in the field of labour with the Confederation of Independent Trade Unions in Bulgaria (CITUB) and the Agency for Persons with Disabilities. The Committee requests the Government to:

(i)    continue to provide information on the activities of the Commission on the Protection against Discrimination as regards discrimination in employment and occupation, including detailed information on the number, nature and outcome of cases dealt with by the Commission and an indication of the level of compliance with its decisions;

(ii)   provide information on the Commission’s efforts in the area of awareness raising and prevention of discrimination, including its collaboration with workers’ and employers’ organizations and other public authorities, such as the Agency for Persons with Disabilities or the labour inspectorate; and

(iii)  provide detailed information on the number, nature and outcome of court cases involving questions of discrimination in employment and occupation.

Equality of opportunity and treatment irrespective of national extraction or religion. Access to education, training and employment. In its previous observation, the Committee urged the Government to indicate any measures taken to assess the impact of the special measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic minority groups which are in a vulnerable social-economic situation. The Committee also asked the Government to provide information on the actual employment situation of persons of Roma and Turkish origin and the extent to which they were actually able to obtain jobs in the public and private sectors after having benefited from skills training or other assistance. The Committee further wished to receive information on the progress made in increasing the number of integrated schools, including the number of Roma children attending such schools.

With respect to these matters, the Committee notes the Government’s statement that in 2006 the Employment Agency had not gathered any statistics regarding the ethnicity of persons seeking employment. Accordingly, no information on the employment situation of ethnic minority groups could be given. However, the Employment Office Directorate sent a letter to the Employment Agency on 16 May 2007 providing a form by which employment seekers could identify themselves as members of ethnic groups. The Committee also notes that the Government’s report contains certain data on the level of participation of Roma in a number of programmes and projects implemented by the Employment Agency in 2006 in relation to the National Action Plan under the Decade of Roma Inclusion 2005–15. The Government indicates that this data has been established through an expert assessment made by officials of the Employment Office Directorate. For instance, an estimated half of the 82,550 persons having participated in the “From Social Assistance to Employment” Scheme were Roma, while 9,729 unemployed Roma were included in vocational orientation courses. In addition, some 2,675 Roma acquired specific vocational qualifications through training. The report also states that the job fairs were held in areas with concentrated Roma population which offered a total of 4,560 jobs and led to some 3,000 persons obtaining employment. With regard to the access of boys and girls from Roma communities to quality education, the Committee particularly notes the information provided on the ongoing desegregation projects. While duly noting the information provided, the Committee requests the Government to:

(i)    continue to provide information, including statistical data, on the participation of the Roma or persons of Turkish origin in active labour market measures, and information on the extent to which persons from these groups have actually found employment after having benefited from such measures;

(ii)   continue and intensify its efforts to assess and to monitor the employment situation of members of ethnic minority groups, particularly the Roma and persons of Turkish origin, and to provide statistical information on the overall employment situation of these groups as soon as it is available; and

(iii)  continue to provide information on the progress made in ensuring equal access of women and men from ethnic minority communities, in particular the Roma, to quality education at all levels.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that new measures have been taken to extend the offer of child-care services with a view to promoting women’s access to employment. The Committee will address these measures in the context of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee also notes the Government’s indication that between January and June 2007, 38,505 women took part in employment programmes and projects, and 3,384 women took part in vocational qualification training with a view to promoting their access to employment. In 2007, women’s employment rate was 57.6 per cent compared to 66 per cent for men. Women’s unemployment was at 7.3 percent compared to 6.6 per cent for men (all figures for population aged 15 to 64). The Committee notes from ILO statistical data for 2006 that among those working in the occupational category of legislators and senior officials some 31 per cent are women. By contrast women are overrepresented among professionals (67 per cent). The Committee requests the Government to provide full information on its policies and programmes to achieve greater gender equality in the labour market by promoting actively equal access and opportunities of men and women to jobs in the widest possible range of economic activities and occupations. The Committee also requests the Government to provide information on any specific measures taken to ensure equal access of men and women to decision-making and management positions in the private and public sectors and the progress made in increasing women’s share in high-level jobs. In addition, the Government is asked to provide detailed statistical information on the position of men and women in the labour market, including their distribution in employment in the different economic activities and occupations.

Sexual harassment. The Committee notes that the report contains no reply to the Committee’s previous request to provide information on the implementation and enforcement of provisions of the Act on the Protection against Discrimination concerning sexual harassment. The Committee requests the Government to provide this information in its next report.

Articles 2 and 5. Special measures. The Committee recalls that, pursuant to section 24(1) of the Act on Protection against Discrimination, employers must encourage persons belonging to the under-represented sex or ethnic group to apply for available jobs or positions. Under section 24(2), the employer is obliged to encourage vocational training of the same target group. The Committee requests the Government to provide information on the implementation and enforcement of these provisions.

Collection of data concerning the situation of ethnic minorities. Further to its observation, the Committee requests the Government to provide a copy of the self-identification form provided to the Employment Agency, to indicate how this measure has assisted the authorities to monitor better the level of registered unemployment among ethnic minorities, and to provide any statistical data established as a result of this measure. Please also indicate whether any studies are being carried out regarding the employment situation of disadvantaged ethnic groups and on measures being taken or considered to improve the means and methods to monitor it, including through appropriate data collection and analysis. The Committee requests the Government to seek the advice of the Commission on the Protection of Discrimination in this respect and to provide information on the Commission’s views thereon.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 3 of the Convention. Implementation of the anti-discrimination legislation. The Committee notes with interest that the Commission on the Protection against Discrimination has been able to increase its level of activities, both in the area of prevention of discrimination as well as in the adjudication of cases. In 2006, some 389 complaints were filed with the Commission compared to 89 in 2005. In respect of 220 complaints of discrimination, proceedings were initiated and in 71 cases the Commission found violations of the equal treatment principle. The Committee notes that a number of cases related to employment matters, although the report gives no precise case information either as to the subject matter or the ground of discrimination in respect of each case. The Committee welcomes the efforts of the Commission to extend its activities to the different regions of the country which has led to increased awareness of the legislation and, as a result, an increase in the number of complaints received. The Committee also notes that the Commission has collaborated with the national workers’ and employers’ organizations and has signed framework agreements on cooperation on the prevention of discrimination in the field of labour with the Confederation of Independent Trade Unions in Bulgaria (CITUB) and the Agency for Persons with Disabilities. The Committee requests the Government to:

(i)    continue to provide information on the activities of the Commission on the Protection against Discrimination as regards discrimination in employment and occupation, including detailed information on the number, nature and outcome of cases dealt with by the Commission and an indication of the level of compliance with its decisions;

(ii)   provide information on the Commission’s efforts in the area of awareness raising and prevention of discrimination, including its collaboration with workers’ and employers’ organizations and other public authorities, such as the Agency for Persons with Disabilities or the labour inspectorate; and

(iii) provide detailed information on the number, nature and outcome of court cases involving questions of discrimination in employment and occupation.

Equality of opportunity and treatment irrespective of national extraction or religion. Access to education, training and employment. In its previous observation, the Committee urged the Government to indicate any measures taken to assess the impact of the special measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic minority groups which are in a vulnerable social-economic situation. The Committee also asked the Government to provide information on the actual employment situation of persons of Roma and Turkish origin and the extent to which they were actually able to obtain jobs in the public and private sectors after having benefited from skills training or other assistance. The Committee further wished to receive information on the progress made in increasing the number of integrated schools, including the number of Roma children attending such schools.

With respect to these matters, the Committee notes the Government’s statement that in 2006 the Employment Agency had not gathered any statistics regarding the ethnicity of persons seeking employment. Accordingly, no information on the employment situation of ethnic minority groups could be given. However, the Employment Office Directorate sent a letter to the Employment Agency on 16 May 2007 providing a form by which employment seekers could identify themselves as members of ethnic groups. The Committee also notes that the Government’s report contains certain data on the level of participation of Roma in a number of programmes and projects implemented by the Employment Agency in 2006 in relation to the National Action Plan under the Decade of Roma Inclusion 2005–15. The Government indicates that this data has been established through an expert assessment made by officials of the Employment Office Directorate. For instance, an estimated half of the 82,550 persons having participated in the “From Social Assistance to Employment” Scheme were Roma, while 9,729 unemployed Roma were included in vocational orientation courses. In addition, some 2,675 Roma acquired specific vocational qualifications through training. The report also states that the job fairs were held in areas with concentrated Roma population which offered a total of 4,560 jobs and led to some 3,000 persons obtaining employment. With regard to the access of boys and girls from Roma communities to quality education, the Committee particularly notes the information provided on the ongoing desegregation projects. While duly noting the information provided, the Committee requests the Government to:

(i)    continue to provide information, including statistical data, on the participation of the Roma or persons of Turkish origin in active labour market measures, and information on the extent to which persons from these groups have actually found employment after having benefited from such measures;

(ii)   continue and intensify its efforts to assess and to monitor the employment situation of members of ethnic minority groups, particularly the Roma and persons of Turkish origin, and to provide statistical information on the overall employment situation of these groups as soon as it is available; and

(iii) continue to provide information on the progress made in ensuring equal access of women and men from ethnic minority communities, in particular the Roma, to quality education at all levels.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that its efforts to promote gender equality include: (1) measures against labour market stereotypes; (2) measures addressing the factors leading to low employability and economic activity of women; (3) measures to overcome the negative approach of some employers in respect of recruitment of women for certain jobs; and
(4) measures to promote reconciliation between work and family life. The Committee requests the Government to provide more detailed information on the specific action taken in these four areas, including information on the actual progress made in eliminating gender inequalities and discrimination in the labour market. In this regard, the Committee requests the Government to provide full statistical information on the participation of men and women in private and public employment, as well as the distribution of men and women in the different areas of economic activities and levels of responsibility. Finally, the Committee would appreciate receiving an update on the status of the draft Law on Equal Opportunities and the activities of the National Council on Equal Opportunities of Women and Men.

2. With respect of the following points concerning the practical application of the Act on the Protection against Discrimination, the Government indicates in its report that it would provide the necessary information at a later stage:

(a)   information on the implementation and enforcement of the Act’s provisions dealing with sexual harassment;

(b)   information on any list of activities where sex is a genuine and determining professional requirement established by ordinance in accordance with
section 7(2); and

(c)   statistical information, disaggregated by sex, regarding the application of the special measures contained in section 24(1) and (2).

The Committee hopes that this information will be included in the Government’s next report.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Enforcement of legislation. Recalling its previous comments concerning the adoption and implementation of the 2003 Act on Protection against Discrimination, the Committee notes that the Commission for Protection against Discrimination provided for under the Act was established in November 2005 and started to deal with cases concerning discrimination in training, education and employment. The Committee also notes the view expressed in the European Commission’s May 2006 Monitoring Report that the Commission was not adequately resourced and not yet fully operational. With regard to judicial enforcement of non-discrimination legislation, the Committee understands that a number of discrimination cases have been decided by the courts more recently. The Committee emphasizes that effective complaint procedures are crucial to eliminate discrimination in employment and occupation in practice. In order to enable it to continue to assess the practical application of the Convention, the Committee requests the Government to provide information on the following: (a) the measures taken to ensure that victims of discrimination in education, training and employment have effective access to the procedures of the Commission for Protection against Discrimination; (b) the number, nature and outcome of the cases dealt with by the Commission; (c) any action taken by the Commission to raise awareness among workers and employers of their rights and obligations under the national anti-discrimination legislation; and (d) examples of court cases concerning provisions of the Act on Protection against Discrimination, the Labour Code or other laws relating to discrimination.

2. Equality of opportunity and treatment irrespective of national extraction or religion. Access to education, training, and employment. Over a number of years the Committee has been expressing concern about persisting labour market inequalities along ethnic lines and reports of discriminatory practices against members of ethnic minorities, particularly the Roma. In this context, the Committee urged the Government to provide information on any evaluation carried out to assess the effectiveness of the various programmes to promote equality of opportunity and treatment of the Roma and Bulgarians of Turkish extraction in respect of access to training, education and employment. The Committee also requested information on the manner in which the employment situation of these minority groups is monitored.

3. With regard to the Roma, the Committee notes the statistical information provided by the Government concerning the numbers of teachers that received special training and the establishment of assistant teachers’ posts. Several schools are now “integrated” and a number of pupils are taught in Turkish and Romani. The Government’s report further contains detailed information on the content and implementation of projects for the integration of the Roma community under the PHARE programme of the European Union, including statistical information concerning training provided to public officials with a view to promoting access of Roma to education, training and employment in public administration and the police. A number of Roma attended special courses to prepare them for public administration jobs. The Committee notes the Government’s indication that due to the regulations in force, the Employment Offices do not collect information on the ethnic origin of unemployed persons and, as a consequence, no figures could be provided on the number of persons of Roma origin that were included in labour market programmes to improve employability.

4. While noting this information, the Committee is concerned about the apparent inability of the Government to assess the impact of its programmes to address the continuing difficulties of ethnic minorities in accessing and maintaining employment. The Committee, therefore, urges the Government to indicate in its next report, any measures taken or envisaged to assess the impact of the special measures taken to promote equality of opportunity in employment and occupation of ethnic minority groups which are in a vulnerable socio-economic situation. The Committee also requests the Government to supply information on the actual employment situation of persons of Roma or Turkish extraction and the extent to which such persons obtained jobs in the public and private sectors, after having benefited from skills training or other assistance. The Committee also requests the Government to provide information on the progress made in increasing the number of integrated schools, including the number of Roma children attending such schools.

5. The Committee notes that the Government adopted a National Action Plan for the Decade of Roma Inclusion (2005-15) in April 2005, which, inter alia, identifies education and employment as priority areas for action. The Committee requests the Government to indicate in its next report the concrete measures implemented under the National Action Plan aimed at promoting and ensuring equality of opportunity and treatment in employment and occupation of the Roma, as well as the results achieved.

6. Awareness raising. Recalling its request to the Government to provide information on any concrete and proactive measures taken to raise public awareness and promote respect and tolerance for ethnic minorities, the Committee notes that a number of awareness-raising activities took place in the context of the Decade for Roma Inclusion and that the Government intends to create Roma Culture Centres which are expected to play an important role to promote respect for ethnic diversity. The Committee requests the Government to continue to provide information on the concrete activities carried out to promote respect and tolerance for ethnic minorities, particularly in the context of work, including information on any efforts made to seek the cooperation of workers’ and employers’ organizations in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes with interest that, according to section 5 of the Act of 2003 on Protection against Discrimination, sexual harassment is considered to be discrimination, and that the definition of sexual harassment in paragraph 1(2) of the supplementary provisions of the Act includes both quid pro quo and hostile working environment harassment. It also notes that section 17 of the Act requires the employer who has received a complaint from an employee to investigate the case immediately, take measures to stop the harassment, and impose disciplinary sanction in case the harassment has been committed by another worker or employee. The Committee welcomes these provisions and asks the Government to provide information on their implementation and enforcement in practice, including any judicial decisions.

2. Article 1(1)(a) and (3). Discrimination on the basis of colour. The Committee notes that "colour", which was first included in the draft of the anti-discrimination act, is no longer explicitly mentioned amongst the prohibited grounds of discrimination in the Act of 2003 on Protection against Discrimination. With reference to the omission of the ground of "colour" in section 7, paragraph 4, of the Act on Civil Service of 21 July 1999, the Government states that the provisions of the Labour Code dealing with non-discrimination, are binding for all employees, including civil servants. Noting that section 8(3) of the Labour Code, as amended, includes the ground of "skin colour", the Committee asks the Government to confirm whether discrimination on the basis of "any other grounds" (section 4 of the 2003 Act) covers discrimination based on colour. It also hopes that the Government will, on the occasion of any future legislative revision, take the opportunity to harmonize all the legal provisions concerning discrimination so as to ensure full conformity with the Convention.

3. Article 1(2). Inherent requirements of the job on the basis of sex. The Committee notes with interest that the restrictions on women’s recruitment in regular military service were repealed as of 1 January 2004. It also notes that, pursuant to section 7(2) of the Act on Protection against Discrimination the list of activities where the sex of the worker is a genuine and determining professional requirement shall be established by: (a) an ordinance of the Minister of Labour and Social Policy and the Minister of the Interior; and (b) an ordinance of the Minister of Defence for the activities and the positions on the regular military services in the armed forces. The Government is asked to supply copies of the abovementioned ordinances once adopted.

4. Articles 2 and 3. Access to employment and occupation of persons of Roma and Turkish origin. Further to its observation, the Committee acknowledges the efforts taken by the Government to include ethnic minority groups of Roma origin and Turkish origin in its employment creation programmes. It nonetheless wishes to insist once again on the importance of collecting information indicating whether these programmes have made a real impact as to the effective long-term employment for members of the Turkish and especially the Roma communities. It hopes that the Government will be in a position to provide such information in its next report.

5. With respect to the application of Council of Minister’s Decree No. 183 of 5 September 1994, the Committee notes the information provided on the courses to learn the Turkish mother tongue in municipal schools and institutions of higher education. It also notes that the Roma language has been taught in two schools and that qualification courses have been held for Roma language teachers. While welcoming this information, the Committee would nonetheless appreciate receiving information on the number of municipal schools that provide the opportunity to primary grade students of Turkish and Roma origin to study in their own language within the lessons scheduled for preparation, as well as in institutions of higher learning such as universities. Please also provide information on the outcome of the evaluation made by the National Council on Ethnic and Demographic Issues (NCEDI) of the existing policies and practice for ensuring equal access to education of children from ethnic minority groups, to be completed in June 2003.

6. Articles 2 and 3. Implementation of the national policy and practical application with respect to women. The Committee notes from the Government’s report on the implementation of the Beijing Platform of Action (1995) that a National Plan on Equality for Men and Women (2005-07) is being developed and that the Employment Strategy (2004-10) envisages measures guaranteeing equal opportunities for men and women. Furthermore, a Consultative Committee on Equal Opportunities for Women and Men and the Equal Opportunities for Women and Men Sector have been established at ministerial level and a revised draft Act on Equal Opportunities for Men and Women has been submitted to the National Assembly in 2003. While noting some progress made with regard to the creation of sustainable employment for women, the Committee also notes from the statistics provided by the Government for 2002 that women continue to be predominantly represented in education and health care (covering 22 per cent of women’s total employment compared to only 6 per cent of men’s) and in services (18.3 per cent women and 9.2 per cent men) and that only 5 per cent of the female employees were employed at management levels, compared to 10.5 per cent of the male employees. The Committee asks the Government to indicate the specific measures taken in the context of these policies and within the mandate of the abovementioned bodies to increase professional mobility of women towards sectors in which they are traditionally under-represented and to posts of responsibility. The Government is also asked to keep the Committee informed on any developments with respect to adoption of the abovementioned Bill and to continue to supply statistical data disaggregated by sex on labour market participation by occupation and sector.

7. Article 5. Special measures. The Committee notes that some employers have taken advantage of the preferences granted to them under section 53 of the Employment Promotion Act of 2001 when employing unemployed women. Noting that under section 24(1) and (2) of the Act on Protection Against Discrimination of 2003 employers must also encourage job applications from and vocational training of persons belonging to the under-represented sex or ethnic group, the Committee asks the Government to provide statistical information, disaggregated by sex, regarding the application of the special measures contained in the abovementioned provisions. The Committee further notes the comments by the Confederation of Independent Trade Unions in Bulgaria (CITUB) that some provisions of the draft Act on Protection Against Discrimination were not in compliance with the existing labour legislation, especially those concerning the protection of working mothers. CITUB also expresses concern over the fact that the draft Act had not been submitted to the National Council for Tripartite Cooperation for discussion. While noting with interest that the recent amendments of the Labour Code in 2004 take into account most of the comments made by the Office on the provisions on working mothers, the Committee also notes that under section 7(1)(7) of the Act against Discrimination pregnant women or mothers may waive the protection provided in the legislation. The Committee refers to its comments under the Maternity Protection Convention, 2000 (No. 183), and trusts that the Government will involve the social partners in future legislative measures concerning discrimination.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee notes with interest the adoption of the first Act on Protection Against Discrimination of 24 September 2003 providing a comprehensive protection against discrimination on a number of grounds in employment and occupation, vocational training and education and conditions of work. Section 4 of the Act prohibits direct and indirect discrimination on the basis of "sex, race, nationality, ethnic origin, citizenship, origin, religion or belief, education, opinions, political belonging, personal or public status, disability, age, sexual orientation, marital status, property status, or any other grounds, established by law or by international treaties to which the Republic of Bulgaria is a party". It also notes with interest the Law Amending and Supplementing the Labour Code of 18 June 2004 which inserts in paragraph 3 of section 8 the additional grounds of "sexual orientation" and "differences in contract time and duration of working time", upon which discrimination is prohibited. Noting that Chapter III of the Act on Protection against Discrimination 2003 establishes a committee for the protection against discrimination with advisory, investigative and quasi-judicial powers, the Committee asks the Government to provide information on the specific activities and decisions taken by this Committee to ensure and promote the legislation which implements the Convention. Please also provide information in future reports on the implementation, enforcement and impact in practice of the provisions of the new Act on Protection Against Discrimination.

2. Articles 2 and 3. Discrimination on the basis of national extraction or religion. In its previous observation, the Committee expressed concern over the treatment of ethnic minority groups of Turkish and Roma origin and the fact that a general climate of prejudice and intolerance against minorities prevailed which had led to instances of discriminatory practices. The Committee notes in this regard the information provided by the Government on the various programmes aimed at the integration of these groups in society and the labour market through employment creation and vocational training. It notes in particular the Programme for the Integration of Minorities, the activities carried out under "Beautiful Bulgaria" and the project "Employment by supporting business - JOBS targeting the Roma community". The Committee acknowledges the efforts taken by the Government to work with the Roma community and to improve the employability and qualifications of ethnic minority groups. It points out, however, that in the absence of an evaluation by the Government, through surveys or otherwise, on the effectiveness of these programmes as to the elimination of discrimination in recruitment and access to employment and adequate vocational training of persons belonging to the Roma and Turkish communities, the Committee is unable to monitor and assess the progress made under the Convention. The Committee urges the Government to undertake such an evaluation and to provide information on the progress made in its next report. Please also provide information on any measures taken or envisaged, including by the Committee for the Protection Against Discrimination, to monitor the employment situation of Bulgarians of Roma and Turkish extraction in order to ensure their equal access to training and employment.

3. Considering the abovementioned concern over the treatment of and intolerance against ethnic minority groups of Turkish and Roma origin, the Committee asks the Government to indicate the concrete and proactive measures taken to raise public awareness and promote respect and tolerance for these ethnic minority groups in society in general.

4. Article 3. For a number of years the Government has been asked to provide information on the application in practice of the Act on Political and Civil Rehabilitation of Repressed Persons. In particular, the Committee had requested information on the number of men and women of Turkish origin who had applied for and obtained compensation under the implementing decrees of this Act (Nos. 139 of July 1992 and 249 of December 1992). The Committee also hoped that the Government would indicate the number of repatriated workers of Turkish origin, who were unemployed but not receiving benefits, who were able to benefit from the compensation provided by Decree No. 170 of 30 August 1990 regarding the restoration of real estate to Bulgarian citizens of Turkish origin who were forced to leave Bulgaria during the period May-September 1989. Noting the Government’s statement that the information requested is not available in the judicial statistics system, the Committee asks the Government to indicate how it has been monitoring the application of the abovementioned legislation in order to ensure adequate compensation for past discrimination of the men and women concerned.

The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes from the Government’s report that the draft act on equal opportunities for women and men has not been passed by the National Assembly and that a new draft act on prevention of discrimination is before the Council of Ministers for approval. The Committee trusts that the new legislation will fully take into account the principles and scope of the Convention, covering all grounds of prohibited discrimination and extending protection from discrimination to all stages of the employment process, i.e. training, employment as well as terms and conditions of employment, including career development. Please provide information on the progress made concerning the adoption of the draft act.

2. Discrimination on the basis of national extraction and colour. Further to its observation, the Committee recalls that the list of prohibited grounds of discrimination in the context of recruitment of civil servants under section 7, paragraph 4, of the Act on Civil Service of 21 July 1999 does not include the criteria of "colour" as provided for in Article 1, paragraph 1(a), of the Convention. The Committee recalls that when revisions are adopted to give effect to the Convention, they should include all the criteria set out in that Article. Noting that section 7, paragraph 4, of the Act on Civil Service relates to recruitment and that the part relating to rights of civil servants (Part IV) does not mention equality as regards career development, the Committee recalls that the Convention does not only provide protection from discrimination in respect to access to employment, but also as concerns vocational training, conditions of employment and promotions (Article 1, paragraph 3). The Committee trusts that the Government will add "colour" to the list of discriminatory criteria prohibited in the civil service in the course of future legislative revision and requests the Government to ensure that discrimination is prohibited on all grounds listed in the Convention in access to employment, career progression and conditions of employment.

3. The Committee notes that the Government provided no response to its request for explanation as to the low rate of success of the pilot phase of the "Literacy, Qualification, and Employment Programme" which was intended to promote employment of disadvantaged groups, including minorities. Only 48 persons, registered in the programme had found employment (27 per cent). However, the Committee notes from the Government’s report that the programme, which is intended to secure employment for persons belonging to disadvantaged groups, including the Roma, has been expanded to 13 municipalities in 2000 and 2001. According to the Government, 47 persons started to work after having completed the employment module. The Committee requests the Government to continue to provide information on the number of persons of minority origin that have registered and successfully completed the programme, as well as the number of persons of minority origin participating in the programme, which have subsequently found work. Noting the information provided on the programme entitled "From social care to employment" which is designed to assist persons who are particularly disadvantaged in the labour market (long-term unemployed, single mothers, young persons under 24), the Government is also asked to indicate to which extent this programme is improving the employment situation of minority groups, including persons of Turkish and Roma origin. In order to allow the Committee to better assess the application of the Convention, the Government is invited to submit statistical information on the overall employment situation of ethnic minorities.

4. In respect to the application of Decree No. 183 of 5 September 1994, the Committee notes that the Government will, at a later stage, provide information in reply to its previous comments, which read as follows:

Noting that the Government’s report gives no information on the practical application of Council of Ministers’ Decree No. 183 of 5 September 1994 concerning study of the mother tongue in state schools, particularly for Turkish-speaking pupils, in the framework of an effort to overcome the low educational level of the Turkish minority communities, the Committee reiterates the wish to receive information on the application of this new Decree, in particular statistics on: (a) the number of requests received by the communal authorities for a supply of textbooks in the mother tongue and the number of requests which have been complied with; and (b) on mother-tongue courses available in secondary and technical schools, as well as in higher education institutions such as universities. It requests that the information supplied in this regard should include pupils that are members of the national minorities of Turkish and Roma origin.

5. Discrimination on the basis of sex. The Committee notes the information provided by the Government in respect to various programmes aiming at the reduction of unemployment and the creation of economic opportunities among women, such as the one in the Devin region carried out by the National Employment Service and the United Nations Development Programme (UNDP) from 1997 to 2000 and the different projects funded by the "Regional Initiatives Fund". Noting that women have also benefited from the measures taken under the Protection against Unemployment and Employment Promotion Act (PUEPA), the Committee encourages the Government to continue to create training and employment opportunities for women and to keep it informed in this respect. Please provide statistical data on the extent to which these measures have led to sustainable employment of women.

6. The Committee notes from the Government’s report that the Employment Promotion Act, which entered into force on 1 January 2002, provides for the creation of new jobs, vocational education, training and temporary employment of unemployed workers for men and women on equal footing. It equally notes, with interest, that article 53 of this Act grants preferences for employers who employ under contract registered unemployed women, which include single adoptive mothers and mothers with children up to 3 years of age. The Committee asks the Government to provide a copy of the Employment Promotion Act as well as any relevant statistical data it has computed regarding the application of these special measures, such as the ones contained in article 53 of the Act.

7. With reference to its previous comments on the need to address horizontal and vertical gender segregation in the labour market, the Committee stresses once again the importance of assessing the extent to which the measures taken to promote employment of women contribute to increasing women’s access to decision-making jobs and to jobs in economic sectors traditionally occupied by men. In order to achieve real equality of opportunity and treatment of women as envisaged by the Convention, it is necessary not only to achieve overall equal participation of women in the labour market, but also to move towards equal participation in the various economic sectors and all levels of employment. The Committee therefore requests the Government to provide information on specific measures taken and the results obtained to increase professional mobility of women towards sectors in which they are traditionally underrepresented and to posts with responsibility. Please also provide statistical data disaggregated by sex on labour market participation by occupation and sector.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. Further to its previous comments, the Committee notes with satisfaction that the Labour Code was amended in 2001 to prohibit explicitly indirect discrimination and to add the criterion of skin colour to the list of prohibited grounds of discrimination. Section 8(3) of the Labour Code, as amended, provides that "in the exercise of labour rights and duties no direct and indirect discrimination, privileges or restrictions shall be allowed on the grounds of ethnicity, origin, sex, race, skin colour, age, political and religious conviction, affiliation to a trade union and other public organizations and movements, family, social and property status and disability". The Committee also notes that section 1(7) of the "supplementary provisions" defines that "indirect discrimination shall be such where decisions seemingly admissible by law are applied in the implementation of labour rights and duties, but in a manner, which in view of the criteria under article 8, paragraph (3), of the Labour Code, actually and as a matter of fact render some employees in a more disadvantaged or more privileged position compared to others". The Committee requests the Government to provide in its future reports information on the implementation, enforcement and impact of the abovementioned provisions in practice, including relevant administrative and judicial decisions.

2. Discrimination on the basis of national extraction or religion. The Committee has previously expressed its concern over the treatment of the Turkish minority and members of the Roma community, while acknowledging that the Government had taken certain measures with a view to fighting against discrimination and promoting integration, including the adoption in 1999 of a Framework Programme for the Equal Integration of Roma in Bulgarian society. In this context, the Committee notes the information provided by the Government concerning various programmes creating employment opportunities for persons of Roma origin in some districts and municipalities, including vocational training programmes. The Committee asks the Government to assess and evaluate the measures taken and to provide information on the effectiveness of all the programmes to eliminate discrimination and promote equal opportunity in training, skill development and employment of Roma. Noting that according to the Government’s reply of February 2000 to the United Nations Secretary-General’s questionnaire on the implementation of the Beijing Platform for Action, the Framework Programme 1999 contains a special section on measures to promote equal participation of Roma women in social and economic activities, the Committee is particularly interested in information on the implementation of these measures. It also hopes the Government will provide for specific measures targeting the Roma in the National Strategy on Employment which is currently under preparation.

3. The Committee once again underlines the need to take concrete and proactive measures to promote respect and tolerance among the different ethnic groups of the population. Recalling the serious situation as regards the participation of the Roma in education, training and employment and the fact that a general climate of prejudice and intolerance against minorities leads to discrimination, the Committee considers that any national policy to promote and ensure non-discrimination and equality of opportunity and treatment in employment and occupation must necessarily include specific measures to promote respect and tolerance, including through education and public awareness raising. The Government is requested to provide detailed information on measures taken in this respect.

4. The Committee notes that the Government did not reply to its previous comments concerning the application of the Act on Political and Civil Rehabilitation of Repressed Persons. The Committee reiterates its request for information on the number of people - particularly members of the Turkish minority - who have applied for and obtained compensation under the implementing decrees of this Act (Nos. 139 of July 1992 and 249 of December 1992). With respect to restoration of real estate to Bulgarian citizens of Turkish origin who asked to return to the Republic of Turkey or to other countries during the period May-September 1989, the Committee once again expresses the hope that the Government will indicate the number of repatriated workers of Turkish origin who were unemployed but not receiving benefits, who were able to benefit from the compensation provided by Decree No. 170 of 30 August 1990 regarding the restoration of real estate to Bulgarian citizens of Turkish origin who were forced to sell. In addition, it requests the Government to supply statistical data on the number of Bulgarians of Turkish extraction registered in schools and other educational institutions and on their participation in the labour market, so that it can measure the progress made by this minority in regard to access to employment and occupation.

The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Discrimination on the basis of colour.  The Committee notes with interest that under section 7, paragraph 4, of the Act on the Civil Service of 21 July 1999, recruitment of a civil servant may not be made on the basis of any discrimination, privilege or limitation on the basis of race, nationality, ethnic extraction, sex, origin, religion, convictions, membership of an organization or political movement, trade union or other, social or personal status or property status of the candidate. The Committee notes that the criterion of "colour" does not appear on this list. Noting that this criterion is also absent from the list of criteria for discrimination prohibited by the Constitution (article 6), the Labour Code (section 8), the Protection against Unemployment and Promotion of Employment Act (section 2) and the Public Education Act (section 4), the Committee recalls that when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. It therefore trusts that the Government will take the opportunity of a future legislative revision to add the criterion of "colour" to the list of discriminatory criteria prohibited in the civil service, but also in the private sector, and will ensure prohibition of this type of discrimination in access to employment, career progression and conditions of employment. In the absence of explicit reference to colour in the legislative provisions relating to equality of opportunity and treatment, the Committee wishes to obtain information on the measures taken to ensure elimination of discrimination based on colour. Furthermore, noting that section 7, paragraph 4, of the Act on the Civil Service is limited to prohibiting discrimination in respect of appointment and that the section relating to the rights of civil servants (section IV) does not mention the question of non‑discrimination in regard to career development, the Committee wishes to recall that the scope of the Convention, as set out in Article 1, paragraph 3, covers not only access to employment but also access to vocational training and conditions of employment.

2.  Discrimination on the basis of national extraction.  In its previous comment, the Committee requested the Government to indicate the number of members of national minorities, essentially of Turkish and Roma origin, who have completed successfully the literacy module of the "programme for literacy, training and employment" prepared by the National Employment Service and progressed to the "training" and "employment" modules of the programme. According to information supplied by the Government, 175 persons in all have benefited from the programme: 116 took the "literacy" module and 34 the "training" and "employment" modules. The Committee notes that at the date of submission of the Government’s report, 48 of the persons registered in this programme had found employment - i.e. 27 per cent only. Noting that the Government indicates that, following amendment of legislation, the municipalities of Lom and Silven did not continue this programme in 1998, the Committee would be grateful if the Government would specify the reasons explaining the low rate of success of this programme in the Lom and Silven municipalities. With regard to the programme entitled "From social assistance to employment", the Committee notes that it was extended to national level in 1997 because of its success. It therefore requests the Government to provide statistical data on the results obtained in regard to promotion of employment and placement of unemployed persons of Turkish and Roma origin.

3.  Noting that the Government’s report gives no information on the practical application of Council of Ministers’ Decree No. 183 of 5 September 1994 concerning study of the mother tongue in state schools, particularly for Turkish‑speaking pupils, in the framework of an effort to overcome the low educational level of the Turkish minority communities, the Committee reiterates the wish to receive information on the application of this new Decree, in particular statistics on: (a) the number of requests received by the communal authorities for a supply of textbooks in the mother tongue and the number of requests which have been complied with; and (b) on mother-tongue courses available in secondary and technical schools, as well as in higher education institutions such as universities. It requests that the information supplied in this regard should include pupils that are members of the national minorities of Turkish and Roma origin.

4.  According to the information available to the Committee, it appears that discrimination in employment and occupation suffered by the members of national minorities not only in the private sector but also in the public sector relates to access to training. Training, in fact, is the key to promotion of equality of opportunity enshrined in this Convention. In this regard, the Committee recalls that the protection provided by the Convention is not limited to treatment meted out to a person who has already acceded to employment or an occupation, but extends expressly to possibilities for access to training without which any real possibility of access to employment or occupation is ineffectual. The Committee notes that the current section 8, paragraph 3, of the Labour Code, which sets forth a general prohibition against discrimination, privilege or restrictions based on nationality, origin, gender, race, political and religious beliefs, membership in trade unions or other non-governmental organizations and movements, social or property status in the process of exercising of labour rights and obligations does not specify the scope of practical application of the Convention. The Committee therefore suggests that the Government contemplate the possibility in a future revision of the Labour Code of giving legislative expression to the scope of the protection provided by the present Convention and sanctioning discrimination at all stages of the employment process.

5.  Discrimination based on sex.  The Committee notes the Government’s affirmation that the reduction of unemployment among women is a government priority on which a number of measures are being taken: the establishment of quotas of jobs reserved for women; encouragement of women to establish their own undertakings; promotion of mobility; implementation of specific programmes for the development of economic opportunities for women, such as the one set up in 1998 in the Devin region with help from the United Nations Development Programme (UNDP); development of training programmes specifically directed at the female population; involvement of non-governmental organizations defending women’s interests in the regional bodies responsible for application of the employment policy; etc. The Committee wishes to know whether, further to the implementation of these varied measures, evaluation of the results obtained to date has been carried out in regard to the level of activity of women but also in regard to the quality of jobs they occupy. The Committee recalls that in its previous comment it requested the Government to supply information on any positive measures envisaged or under way to address this horizontal and vertical gender segregation in the labour market. It notes that the Government’s report merely affirms that measures have been taken to promote mobility of women without detailing the content of the measures taken in practice to enable an increasing number of women not only to accede to jobs with responsibility and therefore better paid, but also to the economic sectors traditionally occupied by men, such as industry, construction, transport, management, or more generally the private sector, where remuneration is considerably higher than in the public sector. The Committee would therefore be grateful if the Government would indicate in its next report the measures taken and results obtained to increase professional mobility in women, especially since many studies - in particular, the one conducted jointly by the UNDP and the ILO in 1998 entitled "Women in poverty: An assessment of the Bulgarian anti‑poverty policies and strategies"- show that the female population in the country is generally well educated and qualified. Noting that the Government stated its wish to institute in 1999 a National Council on Equality of Opportunity and Treatment for Women, the Committee requests the Government to indicate whether this body was indeed established and, if so, to supply a copy of its statutes and its first report as soon as it is available.

6.  The Committee recalls that to correct structural inequalities - cultural and social - experience shows that specific national action is also required, encouraging the emergence of the conditions essential to allow all workers to benefit in practice from equality in employment and occupation. The adoption of a programme of corrective or positive measures thus proceeds from the fact that prohibition of discrimination is not sufficient to make it disappear in fact and reflects the determination of the authorities to produce evolution in practices throughout society and in undertakings in particular in order to allow the underprivileged groups in society, in this case women, to be involved in the world of work on an equal footing with men. That is why, at a time when protection of women is focused on improving their employment prospects then, subsequently, on affirmation of the principle that equality requires that equal opportunity and treatment be given to women and men in all spheres, the Committee considers, as does the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/53/38 (Part I), paragraphs 234 and 254) that authorizing women to take early retirement does not constitute a measure designed to correct actual inequalities encountered by women in employment and occupation. On the other hand, instituting quotas of jobs reserved for women, as affirmed in its report, would be a positive measure. The Committee therefore requests the Government to indicate the reasons that have caused it to reserve a number of posts for women and to supply more detailed information on the functioning and results obtained as a result of this quota policy. More generally, the Committee wishes to obtain information on the other preferential measures for women taken or envisaged by the Government so as to allow them to compete on equal terms with men on the labour market.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Discrimination on the basis of national extraction or religion.  The Committee recalls that, in its previous comments, it expressed its concern at the treatment of the Turkish minority and, more recently, members of the Roma community. It notes that, although certain difficulties persist, specific measures have been taken with a view to fighting against discrimination and the lack of integration of these groups. The Committee notes that in April 1999 the Government adopted a Framework Programme for the Equal Integration of Roma in Bulgarian society. This Programme was prepared on the initiative of the Roma organizations and in discussion with representatives of all the Roma associations in Bulgaria. It contains strategies for achieving equality for Roma, which the Government has expressed its commitment to fulfilling over a ten-year period, with priority given to some core proposals such as the establishment of a specialized body to combat racism and discrimination. The Committee requests the Government to supply information on the implementation of this Programme and the results obtained to date. The Committee notes that, according to a report by the Parliamentary Assembly of the Council of Europe, 80 to 90 per cent of Bulgarian Roma are unemployed and trusts that, in its next report, the Government will supply information on the functioning of its assistance programme for members of this group who are seeking employment and, particularly, on its long-term job creation strategy. More generally, the Committee would be grateful if the Government would supply detailed information on the specific measures taken to combat the prejudice and intolerance suffered by members of national minorities and other groups to the extent that this prejudice leads to discrimination against them in many domains, particularly education and, consequently, in employment opportunities and subsequent working conditions.

2.  In regard to the effective application of the Act on Political and Civil Rehabilitation of Repressed Persons, the Committee reiterates its request for information on the number of people - particularly members of the Turkish minority - who have applied for and obtained compensation under the implementing decrees of this Act (Nos. 139 of July 1992 and 249 of December 1992). With respect to restoration of real estate to Bulgarian citizens of Turkish origin who asked to return to the Republic of Turkey or to other countries during the period May-September 1989, the Committee once again expresses the hope that the Government will indicate the number of repatriated workers of Turkish origin who were unemployed but not receiving benefits, who were able to benefit from the compensation provided by Decree No. 170 of 30 August 1990 regarding the restoration of real estate to Bulgarian citizens of Turkish origin who were forced to sell. In addition, it requests the Government to supply statistical data on the number of Bulgarians of Turkish extraction registered in schools and other educational institutions and on their participation in the labour market, so that it can measure the progress made by this minority in regard to access to employment and occupation.

3.  The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request which read, in part, as follows:

1. Discrimination on the basis of national origin. The Committee had asked in previous comments for information on the implementation of the National Education Act of 1991 and the Council of Ministers Decree No. 232 of 1991 on mother-tongue study in municipal schools, in particular for Turkish-speaking students, in an effort to overcome the low educational level in Turkish minority communities. The Committee notes from the Government's report that Council of Ministers Decree No. 183 of 5 September 1994 repealed Decree No. 232; it offers students who do not use the Bulgarian language as their mother tongue the opportunity to study in their own language from first to eighth grade in municipal schools within the lessons scheduled for optional preparation; mother-tongue textbooks are not paid for, but the municipal authorities may be approached to purchase them. The Committee would appreciate receiving information on the application of the new Decree in practice, in particular statistics on the number of requests received, and granted, for both mother-tongue education in primary grades and mother-tongue textbook material. It would also appreciate receiving recent data on mother-tongue courses available in secondary and technical schools, and institutions of higher learning such as universities.

2. Discrimination on the basis of sex. The Committee notes that the Government's report does not contain information, as requested in the previous observation, on the policy to promote equality of opportunity and treatment between men and women workers. It does note, however, the information provided in the Government's report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (UN document CEDAW/C/BGR/2-3 dated 3 November 1994). The Committee observes from the data for 1992 and 1993 that, in spite of the high female unemployment rate, women still constitute almost half of the employees in state and cooperative enterprises, and they predominate in the following sectors: public health, social insurance, sport and tourism; finance, credit and insurance; education; and culture and art (averaging approximately 80 per cent). On the other hand, their employment in industry, construction, transport and management sectors is well below that of males. The Committee asks the Government to inform it of any positive measures envisaged or under way to address this horizontal and vertical gender segregation in the labour market.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee in previous observations had requested information on practical efforts to eliminate discrimination on the basis of national extraction. It notes that the Committee on the Elimination of Racial Discrimination shares the same concerns (United Nations document CERD/C/304/Add.29 of 23 April 1997). The Committee notes with interest the information in the Government's latest report on the functioning of the Programme for Literacy, Training and Employment and the programme "From social assistance to employment" developed by the National Employment Office, which are aimed at national minorities and currently being implemented in regions with large numbers of people of Turkish and Roma origin. Noting that, as of December 1996, 54 people in the Lom municipality and, in January 1997, 62 people in the Sliven municipality had entered the "literacy" module of the Programme for Literacy, Training and Employment, the Committee requests the Government to provide information on the number of people that have successfully completed this module and have subsequently entered the "training and retraining" module. The Committee would also appreciate receiving information on the functioning of the "employment" module of the programme which foresees job creation, mainly in the areas of self-employment and part-time and short-term employment, once it becomes operational. The Committee notes that the programme "From social assistance to employment", which aims to enhance the qualifications of the Turkish and Roma minorities by offering them different programme components ("readiness for work", "seeking work" and "vocational training") widened its scope in 1996 and 1997 to include several more municipalities. Of the 2,345 unemployed included in the programme in 1996, 1,226 were subsequently employed and 267 obtained professional qualifications. The Committee requests the Government to continue to provide information on the programme and the results achieved.

2. The Committee also notes with interest the efforts undertaken by the Government to stimulate tobacco production and processing in order to create employment in those regions mainly populated by persons of Turkish origin, where these have been traditional occupations and where skills are thus available. It notes the credit scheme set up under the Professional Training and Unemployment Fund to allow unemployed persons to develop agricultural tobacco production or employers to hire unemployed persons for processing activities. The Committee also notes that, according to the Government, from April to December 1996, 8,443 people were assisted in finding jobs and that the total number of unemployed persons hired by employers under the programme amounted to 2,266 between August 1996 and February 1997. The Committee requests the Government to continue to provide information on the functioning of the programme and the number of people benefiting from it. Noting that all three programmes focus partly on creating part-time and short-term employment, the Committee requests the Government to provide information on their long-term employment strategies.

3. The Committee notes that the Government's reports are silent on several issues on which it asked to be kept informed and must therefore repeat parts of its previous observation which read as follows:

Discrimination on the basis of political opinion. The Committee notes with interest the repeal of section 9 of the Banking Act (No. 25 of 1992) and section 6 of the Act to amend the Pensions Act of 12 June 1992, which had, respectively, excluded persons connected with the former regime from participation in banks' boards or management and excluded employment in certain specified political bodies of the former regime from counting as pensionable service. These provisions had been declared discriminatory on the basis of political opinion by the Constitutional Court in two rulings delivered in 1992 (copies of which are supplied by the Government), and the Committee had requested the Government to inform it of their implementation. As the Committee had expressed an interest in being kept informed of any other laws restricting access to employment or affecting terms and conditions of employment due to affiliation or association with the former political regime, it would be grateful if the Government would verify the situation of scientists and professors removed from policy-making posts in recent years, and inform the Committee whether these involved any cases based on de-communization texts. Discrimination on the basis of national extraction or religion. The Committee had noted the various measures taken by the Government to improve the position of the Turkish minority, and had asked particularly for information on the impact of Council of Ministers Decrees Nos. 139 of July 1992 and 249 of December 1992, both of which aimed at applying the Act on Political and Civil Rehabilitation of Repressed Persons. The Committee thanks the Government for the copies of the Decrees supplied and repeats its request for details on the number of persons who have applied for compensation under them, and on the number of applications settled. In the same vein, the Committee noted that the Government's approach to the problem of compensating the Turkish minority which had been forced to flee the country, evidenced by Decree No. 170 of 30 August 1990 to restore real estate to those Turkish Bulgarians who had been forced to sell, had been challenged in a case presented to the Constitutional Court. Following that challenge, the Government reversed its approach and introduced Act No. 205/1992 on the Restitution of the Ownership of Real Estate to Bulgarian Citizens of Turkish Origin who Applied to Leave for the Republic of Turkey and Other Countries in the May-September 1989 Period, which envisaged restoring the property to the purchasers and leaving the seller returnees of Turkish origin only compensation. The Committee asked for information on the application of Act No. 205. From the copy of the Constitutional Court ruling (No. 18 of 14 December 1992) supplied by the Government, the Committee notes with interest that the Court rejected the claim of the current land owners that the opportunity offered to Turkish Bulgarians to recover title amounted to their unjust enrichment by reason of their ethnic origin. Stressing that the law aimed at remedying an injustice, the Court declared unconstitutional section 5 of Act No. 205/1992, which permitted returnees' claims to be inadequately compensated. Noting that Decree No. 170 remains in force and that it provides for six months' compensation to those returning workers who had been dismissed from their employment and who are registered as unemployed but not receiving other benefits, the Committee asks the Government for information on the number of returnees who have been able to benefit from this compensation.

4. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Discrimination on the basis of national origin. The Committee had asked in previous comments for information on the implementation of the National Education Act of 1991 and the Council of Ministers Decree No. 232 of 1991 on mother-tongue study in municipal schools, in particular for Turkish-speaking students, in an effort to overcome the low educational level in Turkish minority communities. The Committee notes from the Government's report that Council of Ministers Decree No. 183 of 5 September 1994 repealed Decree No. 232; it offers students who do not use the Bulgarian language as their mother tongue the opportunity to study in their own language from first to eighth grade in municipal schools within the lessons scheduled for optional preparation; mother-tongue textbooks are not paid for, but the municipal authorities may be approached to purchase them. The Committee would appreciate receiving information on the application of the new Decree in practice, in particular statistics on the number of requests received, and granted, for both mother-tongue education in primary grades and mother-tongue textbook material. It would also appreciate receiving recent data on mother-tongue courses available in secondary and technical schools, and institutions of higher learning such as universities.

2. Discrimination on the basis of sex. The Committee notes that the Government's report does not contain information, as requested in the previous observation, on the policy to promote equality of opportunity and treatment between men and women workers. It does note, however, the information provided in the Government's report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (UN document CEDAW/C/BGR/2-3 dated 3 November 1994). The Committee observes from the data for 1992 and 1993 that in spite of the high female unemployment rate, women still constitute almost half of the employees in state and cooperative enterprises, and they predominate in the following sectors: public health, social insurance, sport and tourism; finance, credit and insurance; education; and culture and art (averaging approximately 80 per cent). On the other hand, their employment in industry, construction, transport and management sectors is well below that of males. The Committee asks the Government to inform it of any positive measures envisaged or under way to address this horizontal and vertical gender segregation in the labour market.

3. The Committee notes from the CEDAW report that the Government acknowledges that the repeal (in 1992 amendments to the Labour Code) of the prohibition on dismissal of women because of pregnancy is at variance with Convention No. 3, ratified by Bulgaria. It justifies this repeal as "it is aimed at abolishing women's privilege in the areas of hiring and contract termination", while at the same time admitting that it has, especially in the private sector, led to discrimination against female employment since employers still prefer to fill vacancies with men or very young women, who are not bound to family and children (page 14). The Committee is pursuing this question in a direct request under Convention No. 3. It would, however, in the context of Article 5, paragraph 1, of the Convention, remind the Government that special measures of protection provided for in other ILO instruments shall not be deemed to be discrimination.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Discrimination on the basis of political opinion. The Committee notes with interest the repeal of section 9 of the Banking Act (No. 25 of 1992) and section 6 of the Act to amend the Pensions Act of 12 June 1992, which had, respectively, excluded persons connected with the former regime from participation in banks' boards or management and excluded employment in certain specified political bodies of the former regime from counting as pensionable service. These provisions had been declared discriminatory on the basis of political opinion by the Constitutional Court in two rulings delivered in 1992 (copies of which are supplied by the Government), and the Committee had requested the Government to inform it of their implementation. As the Committee had expressed an interest in being kept informed of any other laws restricting access to employment or affecting terms and conditions of employment due to affiliation or association with the former political regime, it would be grateful if the Government would verify the situation of scientists and professors removed from policy-making posts in recent years, and inform the Committee whether these involved any cases based on de-communization texts.

2. Discrimination on the basis of national extraction or religion. The Committee had noted the various measures taken by the Government to improve the position of the Turkish minority, and had asked particularly for information on the impact of Council of Ministers Decrees Nos. 139 of July 1992 and 249 of December 1992, both of which aimed at applying the Act on Political and Civil Rehabilitation of Repressed Persons. The Committee thanks the Government for the copies of the Decrees supplied and repeats its request for details on the number of persons who have applied for compensation under them, and on the number of applications settled.

3. In the same vein, the Committee noted that the Government's approach to the problem of compensating the Turkish minority which had been forced to flee the country, evidenced by Decree No. 170 of 30 August 1990 to restore real estate to those Turkish Bulgarians who had been forced to sell, had been challenged in a case presented to the Constitutional Court. Following that challenge, the Government reversed its approach and introduced Act No. 205/1992 on the Restitution of the Ownership of Real Estate to Bulgarian Citizens of Turkish Origin who Applied to Leave for the Republic of Turkey and Other Countries in the May-September 1989 Period, which envisaged restoring the property to the purchasers and leaving the seller returnees of Turkish origin only compensation. The Committee asked for information on the application of Act No. 205. From the copy of the Constitutional Court ruling (No. 18 of 14 December 1992) supplied by the Government, the Committee notes with interest that the Court rejected the claim of the current land owners that the opportunity offered to Turkish Bulgarians to recover title amounted to their unjust enrichment by reason of their ethnic origin. Stressing that the law aimed at remedying an injustice, the Court declared unconstitutional section 5 of Act No. 205/1992, which permitted returnees' claims to be inadequately compensated.

4. Noting that Decree No. 170 remains in force and that it provides for six months' compensation to those returning workers who had been dismissed from their employment and who are registered as unemployed but not receiving other benefits, the Committee asks the Government for information on the number of returnees who have been able to benefit from this compensation. The Committee notes from the Government's report that, faced with a wave of voluntary emigration to Turkey in 1992, special measures have been taken recently to assist members of this minority who wish to stay and work in Bulgaria, in particular the returnees. The National Employment Office is responsible for two programmes to improve their education, training and labour market participation: an ongoing literacy and training programme in ethnically mixed regions (already noted in the previous observation); and a "From social assistance to employment" programme aimed at reducing the number of persons receiving social assistance, the majority being Turkish, gypsy and other minority group members. The Committee would appreciate receiving statistics on the impact that these programmes are having in improving equality of opportunity and treatment for minorities, in particular those of Turkish origin.

5. The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read, in pertinent part, as follows:

(...) 2. Constitutional Court decisions concerning equality of opportunity and treatment. The Committee notes from a Constitutional Court ruling (No. 8 of 27 July 1992) that under section 9 of the Preceding and Concluding Provisions of the Banks and Credit Activity Law, No. 25 of 1992, "persons who have been elected members to central, county, district, town and municipal leading bodies of the Bulgarian Communist Party, Dimitrov Communist Youth League, the Fatherland Front, the Union of Veterans in the Struggle against Fascism and Capitalism, the Bulgarian Trade Unions and the Bulgarian Agrarian Party or have been employed full time as high-ranking officials at the Central Committee of the Bulgarian Communist Party, as well as staff, and paid or non-paid collaborators of State Security may not be elected to the Banks' Boards and may not be employed under section 7" over the next five years. This provision was found by the Court to be contradictory to ILO Convention No. 111, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and to article 6(2) of the Constitution, which prohibits any privileges or restrictions of rights on specified grounds including convictions and political affiliation. The Court, holding international obligations to be indispensable to national law and to have priority over conflicting provisions of national legislation, found the above restriction of the right to hold a high-ranking position in the governing bodies of banks to constitute discrimination within the meaning of Article 1 of Convention No. 111 and thus not to be in conformity with the terms of an international agreement to which Bulgaria is a party. 3. The Committee also notes from a Constitutional Court ruling (No. 11 of 29 July 1992) that, under section 6 of the Act Amending the Pensions Act of 12 June 1992, a new section was added to the Pensions Act to exclude any duration of a person's employment in a full-time management position in specified political bodies (the Bulgarian Communist Party, the Fatherland Front, the Dimitrov Communist Youth League, the Fighters against Fascism and Capitalism) as counting for pensionable service. The Court found this section to be in violation of the guaranteed right to social security provided in article 51(1) of the Constitution. In addition to the Court's conclusion that within the effective legal framework a pension is still employment-related and thus the existence of other non-employment correlatives, characteristics or grounds for pension entitlement does not eliminate the link between employment and the social security relationship, the Court stated that in any case the general categorization of such exclusions creates an arbitrary approach that goes beyond the sphere of fairness and lawfulness. 4. The Committee notes the above two Constitutional Court decisions with interest and requests the Government, in its next report, to provide information on the implementation of these two rulings. It would also be grateful if the Government would provide copies of the two laws examined by the Court and of any other legislation which contains similar restrictions on access to employment or particular occupations or in terms and conditions of employment, as well as any relevant Court decisions concerning such legislation. 5. Measures directed at improving the position of the minority of Turkish origin. With reference to its previous observations concerning former measures aimed at suppressing the cultural identity of the minority of Turkish origin in Bulgaria, which had been the subject of comments received in 1989 from the Confederation of Turkish Labour Real Trade Unions, the International Confederation of Free Trade Unions and the International Organization of Employers, the Committee recalls that in 1990, 1991 and 1992 it had taken note of various measures, including: the adoption of a decision by the Council of State and the Council of Ministers and a statement by the National Assembly to put an end to the above-mentioned violations of the principle of equality; the adoption of the Political and Civil Rehabilitation of Repressed Persons Act aimed at restoring the rights of persons who had been wrongfully repressed on account of their origin, political or religious convictions; and the adoption of various other Acts and programmes to enable persons who had suffered discrimination to be able to obtain redress. The Committee had asked the Government to provide further information on the implementation of the new policies and measures and on the results achieved. 6. The Committee recalls that article 36(2) of the Constitution provides that citizens whose mother tongue is not Bulgarian have the right to study and use their own language alongside the compulsory study of the Bulgarian language. It also recalls that the National Education Act of 18 October 1991 and the Council of Ministers Decree No. 232 of 29 November 1991 on mother tongue study in the municipal schools provide for the right to study one's mother tongue outside state schools and, on a test basis, as an optional subject inside municipal schools in ethnically mixed communities during the school year 1991-92. The Committee again requests the Government to provide information on the holding of such classes for Turkish-speaking students, the evaluation of the optional mother tongue courses including statistics on the number of students involved, its continuation and extension to languages other than Turkish as well as information on any other measures taken to overcome the problem of low educational levels in the Turkish communities. 7. With reference to its previous comments concerning the adoption of the Political and Civil Rehabilitation of Repressed Persons Act, on 25 June 1991, which restores the rights of persons who had been wrongfully repressed on account of their origin, political or religious convictions between September 1944 and November 1989, the Committee notes with interest the adoption of the Council of Ministers Decree (No. 139 of 21 July 1992) on the application of section 7 of the above Act and the adoption of the Council of Ministers Decree (No. 249 of 9 December 1992) on the adoption of an Ordinance relating to the application of section 4 of the above Act. According to the Government's report, the two Decrees enable the application of the Act by setting out the specific procedural requirements, the categories of compensation and the amounts of compensation which are intended to cover losses incurred in employment and occupation. The Government reports that, in order to receive compensation, persons must first apply to the appropriate ministries for attestations of their arrests, internments and sentences, then lodge written complaints with bodies of the Ministry of Finance. Furthermore, a Central Committee and regional committees for Political and Civil Rehabilitation have been established to help investigate and determine the circumstances of cases. The Committee requests the Government to supply copies of the two Decrees with its next report and to provide information on the application in practice of the Act including the number of people who have applied for compensation and the number who have received it. The Committee also requests the Government to indicate whether any measures of assistance are being given to help the repressed persons who were dismissed from their employment or occupation be reinstated or find other employment. 8. With regard to measures taken to assist persons of Turkish origin who returned to Bulgaria after having left the country as a result of the earlier policy, the Committee recalls that more than 220,000 such persons who had left the country had returned between June 1989 and June 1990 facing major problems of housing, education and employment. The Committee recalls that, following a first unsuccessful initiative to solve the social problems of the returnees, the Government had adopted a new approach through the adoption of Decree No. 170 of 30 August 1990 which was aimed at providing restitution of real estate to the Turkish people who had been forced to sell. The Government reports that, as a result of the claims of the bona fide purchasers of the real estate and their filing a case before the Constitutional Court, the Government has reversed its approach and adopted the Restitution of the Ownership of Real Estate to Bulgarian Citizens of Turkish Origin who Applied to Leave for the Republic of Turkey and Other Countries in the May-September 1989 Period Act, 1992, which is envisaged to restore the property to the purchasers and to compensate the seller returnees. The Committee requests the Government to provide a copy of the Constitutional Court decision, as well as a copy of the new Act and to indicate the manner in which the Act is being applied. It further draws the Government's attention to the provisions of Decree No. 170 which had provided for six months' compensation to those returning workers who had been dismissed from their employment and who are registered as unemployed but not receiving compensation pursuant to other laws. It requests the Government to indicate whether these provisions remain in force, and if not whether any other measures have been taken so as to continue to provide such unemployment compensation to the returnees. 9. The Committee notes from the Government's report that, as a result of exacerbated recession and rising unemployment, about 120,000 people emigrated from the country in 1990-91 and that a fresh wave of emigration to Turkey occurred in 1992. Note is also taken of the relief money paid by the Government to workers who applied to leave for Turkey. The Committee requests the Government to indicate whether any special measures are being taken or are contemplated to assist persons of Turkish origin who wish to stay and work in Bulgaria, in particular the returnees, in obtaining access to vocational training, employment or to particular occupations, including any measures taken by employment placement offices. The Committee also refers to its comments below. 10. General measures to promote equality. The Government reports that increasing negative economic trends and rising unemployment make the adoption of appropriate measures to promote equal opportunity amongst various groups difficult, particularly given the manifest regional irregularity of unemployment. The Ministry of Labour and Social Affairs has undertaken studies on unemployment that reveal that the municipalities with ethnically mixed populations comprise the majority of those which are having the most severe economic and employment difficulties. Noting this situation, the Committee welcomes the efforts being undertaken by the Government to attempt to address the problems of particularly vulnerable groups, such as through the adoption of the basic principles of the policy of the Ministry of Labour and Social Affairs which specifically include special protection to ensure employment for vulnerable groups in the labour market and prohibition of discrimination in job searches; the development of the programme for literacy courses, training and employment in quarters with ethnically mixed populations in consultation with the Confederation of Labour and the Confederation of Independent Trade Unions; the programmes for restructuring and ensuring alternative work in the Madan and Rudozem Municipalities, which are ethnically mixed; the employment programme in Velingrad; and the other programmes for the disabled and young persons. The Committee requests the Government to provide information on the implementation of these programmes and on their impact in reducing the disproportionate economic burdens on the racial, ethnic and religious minority groups in the country in terms of their access to vocational training, access to employment and to particular occupations, terms and conditions of work and security of employment. The Committee also requests the Government to indicate the steps taken to foster understanding and tolerance between various groups of the population. 11. The Committee notes that the Human Rights Committee has replaced the previously existing Human Rights and Ethnic Issues Committee as a body of the Grand National Assembly and that it has the main functions of reviewing bills, draft decisions, declarations and addresses, preparing reports and taking stands on them. The Committee would be grateful if the Government would continue to submit information in future reports on the activities of the Human Rights Committee that are related to the application of the Convention. 12. The Committee requests the Government to provide information on measures taken or contemplated to promote equality of opportunity and treatment between women and men and the results obtained with regard to access to vocational training, access to employment and to particular occupations, terms and conditions of employment and security of employment.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the report of the Government and the information supplied in reply to its previous comments.

Legislative provisions concerning discrimination in employment

1. The Committee notes that the Labour Code Amendment and Supplement Act, No. 100, was adopted on 9 December 1992 and communicated to the Office in February 1993. The Committee will be able to examine it in detail only when a translation of the full text is available. Nevertheless, the Committee can already note with satisfaction that section 8(3) of the Act provides that in exercising labour rights and obligations no discrimination, privileges or restrictions shall be allowed on grounds of nationality, origin, sex, race, political convictions, religious beliefs, membership of trade unions and other social organizations and movements and social and material status, thus covering all the grounds set out in Article 1, paragraph 1(a), of the Convention including political opinion and national extraction. Constitutional Court decisions concerning equality of opportunity and treatment

2. The Committee notes from a Constitutional Court ruling (No. 8 of 27 July 1992) that under section 9 of the Preceding and Concluding Provisions of the Banks and Credit Activity Law, No. 25 of 1992, "persons who have been elected members to central, county, district, town and municipal leading bodies of the Bulgarian Communist Party, Dimitrov Communist Youth League, the Fatherland Front, the Union of Veterans in the Struggle against Fascism and Capitalism, the Bulgarian Trade Unions and the Bulgarian Agrarian Party or have been employed full time as high-ranking officials at the Central Committee of the Bulgarian Communist Party, as well as staff, and paid or non-paid collaborators of State Security may not be elected to the Banks' Boards and may not be employed under section 7" over the next five years. This provision was found by the Court to be contradictory to ILO Convention No. 111, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and to article 6(2) of the Constitution, which prohibits any privileges or restrictions of rights on specified grounds including convictions and political affiliation. The Court, holding international obligations to be indispensable to national law and to have priority over conflicting provisions of national legislation, found the above restriction of the right to hold a high-ranking position in the governing bodies of banks to constitute discrimination within the meaning of Article 1 of Convention No. 111 and thus not to be in conformity with the terms of an international agreement to which Bulgaria is a party.

3. The Committee also notes from a Constitutional Court ruling (No. 11 of 29 July 1992) that, under section 6 of the Act Amending the Pensions Act of 12 June 1992, a new section was added to the Pensions Act to exclude any duration of a person's employment in a full-time management position in specified political bodies (the Bulgarian Communist Party, the Fatherland Front, the Dimitrov Communist Youth League, the Fighters against Fascism and Capitalism) as counting for pensionable service. The Court found this section to be in violation of the guaranteed right to social security provided in article 51(1) of the Constitution. In addition to the Court's conclusion that within the effective legal framework a pension is still employment-related and thus the existence of other non-employment correlatives, characteristics or grounds for pension entitlement does not eliminate the link between employment and the social security relationship, the Court stated that in any case the general categorization of such exclusions creates an arbitrary approach that goes beyond the sphere of fairness and lawfulness.

4. The Committee notes the above two Constitutional Court decisions with interest and requests the Government, in its next report, to provide information on the implementation of these two rulings. It would also be grateful if the Government would provide copies of the two laws examined by the Court and of any other legislation which contains similar restrictions on access to employment or particular occupations or in terms and conditions of employment, as well as any relevant Court decisions concerning such legislation.

Measures directed at improving the position of the minority of Turkish origin

5. With reference to its previous observations concerning former measures aimed at suppressing the cultural identity of the minority of Turkish origin in Bulgaria, which had been the subject of comments received in 1989 from the Confederation of Turkish Labour Real Trade Unions, the International Confederation of Free Trade Unions and the International Organization of Employers, the Committee recalls that in 1990, 1991 and 1992 it had taken note of various measures, including: the adoption of a decision by the Council of State and the Council of Ministers and a statement by the National Assembly to put an end to the above-mentioned violations of the principle of equality; the adoption of the Political and Civil Rehabilitation of Repressed Persons Act aimed at restoring the rights of persons who had been wrongfully repressed on account of their origin, political or religious convictions; and the adoption of various other Acts and programmes to enable persons who had suffered discrimination to be able to obtain redress. The Committee had asked the Government to provide further information on the implementation of the new policies and measures and on the results achieved.

6. The Committee recalls that article 36(2) of the Constitution provides that citizens whose mother tongue is not Bulgarian have the right to study and use their own language alongside the compulsory study of the Bulgarian language. It also recalls that the National Education Act of 18 October 1991 and the Council of Ministers Decree No. 232 of 29 November 1991 on mother tongue study in the municipal schools provide for the right to study one's mother tongue outside state schools and, on a test basis, as an optional subject inside municipal schools in ethnically mixed communities during the school year 1991-92. The Committee again requests the Government to provide information on the holding of such classes for Turkish-speaking students, the evaluation of the optional mother tongue courses including statistics on the number of students involved, its continuation and extension to languages other than Turkish as well as information on any other measures taken to overcome the problem of low educational levels in the Turkish communities.

7. With reference to its previous comments concerning the adoption of the Political and Civil Rehabilitation of Repressed Persons Act, on 25 June 1991, which restores the rights of persons who had been wrongfully repressed on account of their origin, political or religious convictions between September 1944 and November 1989, the Committee notes with interest the adoption of the Council of Ministers Decree (No. 139 of 21 July 1992) on the application of section 7 of the above Act and the adoption of the Council of Ministers Decree (No. 249 of 9 December 1992) on the adoption of an Ordinance relating to the application of section 4 of the above Act. According to the Government's report, the two Decrees enable the application of the Act by setting out the specific procedural requirements, the categories of compensation and the amounts of compensation which are intended to cover losses incurred in employment and occupation. The Government reports that, in order to receive compensation, persons must first apply to the appropriate ministries for attestations of their arrests, internments and sentences, then lodge written complaints with bodies of the Ministry of Finance. Furthermore, a Central Committee and regional committees for Political and Civil Rehabilitation have been established to help investigate and determine the circumstances of cases. The Committee requests the Government to supply copies of the two Decrees with its next report and to provide information on the application in practice of the Act including the number of people who have applied for compensation and the number who have received it. The Committee also requests the Government to indicate whether any measures of assistance are being given to help the repressed persons who were dismissed from their employment or occupation be reinstated or find other employment.

8. With regard to measures taken to assist persons of Turkish origin who returned to Bulgaria after having left the country as a result of the earlier policy, the Committee recalls that more than 220,000 such persons who had left the country had returned between June 1989 and June 1990 facing major problems of housing, education and employment. The Committee recalls that, following a first unsuccessful initiative to solve the social problems of the returnees, the Government had adopted a new approach through the adoption of Decree No. 170 of 30 August 1990 which was aimed at providing restitution of real estate to the Turkish people who had been forced to sell. The Government reports that, as a result of the claims of the bona fide purchasers of the real estate and their filing a case before the Constitutional Court, the Government has reversed its approach and adopted the Restitution of the Ownership of Real Estate to Bulgarian Citizens of Turkish Origin who Applied to Leave for the Republic of Turkey and Other Countries in the May-September 1989 Period Act, 1992, which is envisaged to restore the property to the purchasers and to compensate the seller returnees. The Committee requests the Government to provide a copy of the Constitutional Court decision, as well as a copy of the new Act and to indicate the manner in which the Act is being applied. It further draws the Government's attention to the provisions of Decree No. 170 which had provided for six months' compensation to those returning workers who had been dismissed from their employment and who are registered as unemployed but not receiving compensation pursuant to other laws. It requests the Government to indicate whether these provisions remain in force, and if not whether any other measures have been taken so as to continue to provide such unemployment compensation to the returnees.

9. The Committee notes from the Government's report that, as a result of exacerbated recession and rising unemployment, about 120,000 people emigrated from the country in 1990-91 and that a fresh wave of emigration to Turkey occurred in 1992. Note is also taken of the relief money paid by the Government to workers who applied to leave for Turkey. The Committee requests the Government to indicate whether any special measures are being taken or are contemplated to assist persons of Turkish origin who wish to stay and work in Bulgaria, in particular the returnees, in obtaining access to vocational training, employment or to particular occupations, including any measures taken by employment placement offices. The Committee also refers to its comments below.

General measures to promote equality

10. The Government reports that increasing negative economic trends and rising unemployment make the adoption of appropriate measures to promote equal opportunity amongst various groups difficult, particularly given the manifest regional irregularity of unemployment. The Ministry of Labour and Social Affairs has undertaken studies on unemployment that reveal that the municipalities with ethnically mixed populations comprise the majority of those which are having the most severe economic and employment difficulties. Noting this situation, the Committee welcomes the efforts being undertaken by the Government to attempt to address the problems of particularly vulnerable groups, such as through the adoption of the basic principles of the policy of the Ministry of Labour and Social Affairs which specifically include special protection to ensure employment for vulnerable groups in the labour market and prohibition of discrimination in job searches; the development of the programme for literacy courses, training and employment in quarters with ethnically mixed populations in consultation with the Confederation of Labour and the Confederation of Independent Trade Unions; the programmes for restructuring and ensuring alternative work in the Madan and Rudozem Municipalities, which are ethnically mixed; the employment programme in Velingrad; and the other programmes for the disabled and young persons. The Committee requests the Government to provide information on the implementation of these programmes and on their impact in reducing the disproportionate economic burdens on the racial, ethnic and religious minority groups in the country in terms of their access to vocational training, access to employment and to particular occupations, terms and conditions of work and security of employment. The Committee also requests the Government to indicate the steps taken to foster understanding and tolerance between various groups of the population.

11. The Committee notes that the Human Rights Committee has replaced the previously existing Human Rights and Ethnic Issues Committee as a body of the Grand National Assembly and that it has the main functions of reviewing bills, draft decisions, declarations and addresses, preparing reports and taking stands on them. The Committee would be grateful if the Government would continue to submit information in future reports on the activities of the Human Rights Committee that are related to the application of the Convention.

12. The Committee requests the Government to provide information on measures taken or contemplated to promote equality of opportunity and treatment between women and men and the results obtained with regard to access to vocational training, access to employment and to particular occupations, terms and conditions of employment and security of employment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's detailed reply to its previous direct request.

1. The Committee notes from the Government's reply that the Labour Code Amendment Bill, which has been submitted to the National Assembly, has taken into account the questions and concerns raised by the Committee in its previous comments concerning sections 74 (deletion of the qualification of socialist morality as a criterion of employment); 93 (deletion of provision for public organisations to sit on committees determining eligibility of candidates for competitive examination); and 306 (deletion of provision for list of jobs prohibited to women) of the 1987 Labour Code.

2. The Committee notes with interest the information supplied by the Government concerning the application of the 1987 Labour Code provisions which concern special protection for partially disabled persons. It hopes that such provisions are retained in the Labour Code after it has been amended and requests the Government to continue to supply information on the practical application of such provisions. The Committee also requests the Government to supply a copy of the reassignment ordinance, as amended by the Council of Ministers Decree No. 65, dated 4 June 1990, to which the Government refers in its reply, in connection with the reassignment and compensation of disabled persons.

3. The Committee notes the information supplied by the Government in reply to its direct request concerning the termination of a contract of employment without notice under section 330(2)(4) of the 1987 Labour Code. Within this context, the Committee requests the Government to keep it informed of any changes in the relevant sections of the Penal Code.

4. The Committee notes that no information was provided in regard to the provision of section 130 of the 1987 Labour Code in the Labour Code Amendment Bill (possibility to impose an obligation on certain employees to maintain a faultless public conduct outside the performance of their job assignment or other obligations not envisaged by the Code). Referring to its previous comments, the Committee requests the Government to indicate whether any obligations have been imposed on workers pursuant to this section and, if so, to describe the nature and purpose of such obligations.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the report of the Government and the information supplied in reply to its previous comments.

Constitutional and legislative provisions concerning discrimination in employment and occupation

1. Further to its previous comments, the Committee notes with satisfaction that under article 6 of the Constitution, adopted on 12 July 1991, all persons are born free and equal in dignity and rights; that citizens are equal before the law; and that there shall be no privileges or restriction of rights on the grounds of race, nationality, ethnic self-identity, sex, origin, religion, education, opinion, political affiliation, personal or social status or property status, thus covering the grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, including political opinion and national extraction.

2. The Committee notes with interest that the Labour Code Amendment Bill revising the 1987 Labour Code has been introduced in the national Parliament and that, according to the Government, it prohibits discrimination in employment and occupation on the grounds listed in the Convention. The Committee recalls that section 8(3) of the 1987 Labour Code does not mention "political opinion" and "national extraction" among the grounds on which no distinction, privilege or restriction is allowed, and hopes that the Government will be able to report in the near future that the Labour Code has been amended in accordance with Article 1, paragraph 1(a) of the Convention. The Committee also notes from the Government's report that the Bill revising the 1987 Labour Code takes into account other concerns raised by the Committee in its previous direct requests. The Committee's comments on these draft revisions, as well as on other provisions in the Labour Code, are contained in a request addressed directly to the Government.

Measures directed at improving the position of the minority of Turkish origin

3. With reference to its previous observations concerning measures aimed at suppressing the cultural identity of the minority of Turkish origin in Bulgaria - particularly the compulsory change of names and the prohibition of using the Turkish language, which had been the subject of comments received in 1989 from the Confederation of Turkish Labour Real Trade Unions, the International Confederation of Free Trade Unions and the International Organisation of Employers - the Committee recalls that in 1990 and 1991, it had taken note of various measures, including: the adoption of a decision by the Council of State and the Council of Ministers and a statement by the National Assembly to put an end to the above-mentioned violations of the principle of equality; and the adoption of various acts and programmes to enable persons who had suffered discrimination as a result of this earlier policy to obtain redress. The Committee had asked the Government to provide further information on the implementation of the new policies and measures and on the results achieved. 4. The Committee thus notes with interest the adoption of the following provisions in the new Constitution which would promote equality for minorities in Bulgaria, particularly those of Turkish extraction: article 36(2) provides that citizens whose mother tongue is not Bulgarian have the right to study and use their own language alongside the compulsory study of the Bulgarian language; and article 37 provides that freedom of conscience, freedom of thought and the choice of religion and religious or atheistic views shall be inviolable and that the State shall assist the maintenance of tolerance and respect among the believers from different denominations and among believers and non-believers. The Committee also notes with interest the adoption of the National Education Act of 18 October 1991 and the Council of Ministers Decree No. 232 of 29 November 1991 on mother tongue study in the municipal schools, which provide for the right to study one's mother tongue outside state schools and, on a test basis, as an optional subject inside municipal schools in ethnically mixed communities during the school year 1991-1992. The Committee would be grateful if the Government would supply information on the evaluation of the optional mother tongue courses, including statistics on the number of students involved, its continuation and extension to languages other than Turkish and to indicate other measures taken to overcome the problems of low educational levels in the Turkish communities.

5. The Committee notes with interest the establishment by Parliament, in 1991, of a Human Rights and Ethnic Issues Committee. It requests the Government to provide further details on the composition of this body, its mandate and any recommendations or other measures which have been proposed or taken by it in the field of the Convention.

6. With regard to the measures taken to enable persons who had suffered discrimination as a result of the earlier policy to obtain redress, the Committee notes with satisfaction that the 517 persons referred to in its previous observation, who were rehabilitated under National Assembly Committee Decision No. 8, have been reinstated in their former employment.

7. The Committee notes with interest the adoption of the Political and Civil Rehabilitation of Repressed Persons Act, on 25 June 1991, which restores the rights of persons who have been wrongfully repressed on account of their origin, political and religious convictions between 12 September 1944 and 10 November 1989, including those repressed in connection with the compulsory changes of name. The Act envisages a once-and-for-all compensation payment for the property and non-property damages inflicted, the amount of the compensation and the procedures whereby it is determined lying within the competence of the Council of Ministers. The Committee requests the Government to indicate in its next report whether calculation of the amount envisaged to be paid under this law covers compensation for losses incurred in employment or occupation. It also requests the Government to indicate the measures which have been taken or are contemplated to ensure that such persons who were dismissed from their employment or occupation are reinstated in their former employment or occupation and that their rights arising therefrom are recognised.

8. With regard to the measures taken to assist persons of Turkish origin, who returned to Bulgaria after having left the country as a result of the earlier policy, the Committee recalls that more than 220,000 of such persons who had left the country had returned between June 1989 and June 1990 facing major problems of housing, education and employment. It further recalls that the Government had adopted Order No. 29 of 9 April 1990 to attempt to solve the social problems of the returnees, including provisions for returning citizens to repurchase their former houses and measures of assistance in education. However, according to the Government's report, the measures adopted earlier did not lead to the expected results in securing the full and fair restoration of the status quo ante. The Committee thus welcomes the new initiative taken by the Government in the adoption of Decree No. 170 of 30 August 1991 on the solution of the social problems in some regions of the country. This Decree provides for the restitution of the real estates which those people were forced to sell and to rehouse those repatriated whose homes were destroyed or sold. It also provides for compensation in price differences due to the liberalisation of prices and for special interest rates for housing loans. With regard to compensation, it provides for six months of compensation for those workers who applied to leave the country in May-September 1989, whose contracts of employment had been terminated and who are registered as unemployed but not receiving compensation pursuant to other laws. The Committee requests the Government to keep it informed of the implementation of this new Decree and the results achieved.

9. In this connection, the establishment by the Council of Ministers of an ad hoc commission under the Minister of Justice to settle the social problems of Bulgarian citizens who emigrated to Turkey in 1989 but subsequently returned to Bulgaria is noted. The Committee asks the Government to provide further details on the composition of this body and its work in relation to the application of the Convention.

10. With respect to the employment problems faced by the returnees, the Committee notes that no specific information was provided on any efforts directed to assist these persons in finding employment. The Committee recalls that the Government had previously indicated that employment of the returnees was being dealt with on an individual case basis, and that employment placement offices had been established throughout the country. The Committee would be grateful if the Government would provide any available information on the situation concerning the return to work of these persons including assistance measures taken or contemplated and the results achieved. In this respect the Committee refers to its comments below.

General measures to promote equality

11. In reply to the Committee's previous comment concerning measures taken in general to promote equality of opportunity and treatment in employment for persons of Turkish extraction, the Government reports that the high rate of unemployment in Bulgaria affects the entire population, and that in some mixed population areas, including those populated by ethnic Turks, Bulgarian Mohammedans and Gypsies, unemployment is even higher and will keep rising at a high rate due to the economic need for structural readjustment. The Government also details other aggravating factors which compound the high rates of unemployment in those areas. The Committee notes this information with concern and requests the Government to continue to provide information on measures taken or contemplated to ensure that persons belonging to a particular group, as defined by one of the grounds listed in Article 1, paragraph 1(a), of the Convention, do not bear a disproportional share of the burden of unemployment during the transition to a market economy. In this respect, the Committee notes with interest from information submitted by the Government's representative to the UN Committee on the Elimination of Racial Discrimination 1991, (CERD/C/SR:918) that precise data on the country's demographic composition would be obtained from a new national census scheduled for December 1991 to replace the former census which had not contained a breakdown on ethnic, linguistic or religious bases. The Committee also notes with interest the projects in the field of employment which are being undertaken in the country with the assistance of the International Labour Office as well as the Government's statement in its report that it hopes for active cooperation with the Office on the questions of equal rights and the prevention of discrimination against particular groups which are vulnerable under the new conditions. The Committee hopes these activities will assist the Government in formulating for the most vulnerable groups policies which are non-discriminatory and which promote equality in accordance with Articles 2 and 3 of the Convention.

12. The Committee requests the Government to provide information on measures taken or contemplated to promote equality of opportunity and treatment for particularly vulnerable groups of workers including racial, ethnic and religious minorities as well as women, and on the results obtained with regard to:

- access to vocational training;

- access to employment and to particular occupations;

- terms and conditions of employment.

The Committee also recalls that under Article 3, paragraphs 1 and 2, of the Convention, the Government is required to seek the cooperation of employers' and workers' organisations and other appropriate bodies, and to promote such educational programmes as may be calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment, and it hopes that the next report will indicate the steps taken to foster understanding and tolerance between various groups of the population.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its observation, the Committee notes the Government's intention to consider the Committee's previous comments concerning sections 74, 93, 130, 330, 306 and 315 of the Labour Code in the current process of revision of the Labour Code. The Committee hopes that the next report will indicate the steps taken in this regard.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee notes the information supplied by the Government at the Conference Committee in 1990, and in its last report, as well as the documentation appended thereto.

Constitutional and legislative provisions concerning discrimination in employment and occupation

1. The Committee notes with satisfaction the amendments to the Constitution published on 10 April 1990, which delete all references to the leading role of the Communist Party in society and in the State and provide for political pluralism and the right for citizens to freely express and circulate their opinion on matters of a political, economic, social, cultural and religious nature, thus eliminating the basis for the application of distinctions, exclusions or preferences in employment and occupation based on political opinion.

2. The Committee also notes with satisfaction that section 172 of the Penal Code, as amended by the Act of 19 December 1990, punishes with imprisonment or fine anyone who knowingly prevents someone from taking up work or forces someone to quit work on the grounds of ethnicity, race, religion, social status, affiliation or non-affiliation to a party, organisation, political movement or politically oriented coalition, or on the grounds of his/her political ideas or the ideas of his/her close relations; and that paragraph (2) thereof provides for a prison sentence for any public official who does not implement an order or decision to reinstate a worker or a public official whose employment has been wrongly terminated.

3. The Committee notes with interest that the newly elected National Assembly will be involved in a vast law-making activity, including the adoption of a new Constitution and a revision of the Labour Code, in which the Committee's comments will be duly taken into consideration. The Committee recalls that article 35 (2) of the Constitution and section 8 (3) of the 1987 Labour Code do not mention "political opinion" and "national extraction" among the grounds on which no discrimination, privilege or restriction is allowed, and hopes that these provisions will be amended in accordance with Article 1, paragraph 1(a), of the Convention. The Committee is drawing attention to other provisions of the Labour Code in a request addressed directly to the Government.

The position of the minority of Turkish origin

4. In its previous observation, following the comments received in 1989 from the Confederation of Turkish Labour Real Trade Unions, the International Confederation of Free Trade Unions and the International Organisation of Employers, which referred to a campaign aiming at suppressing the cultural identity of the minority of Turkish origin in Bulgaria, particularly by the compulsory change of names and the prohibition of using the Turkish language, the Committee had taken note of a decision adopted by the Council of State and the Council of Minsters on 29 December 1989 and of a statement adopted by the National Assembly on 16 January 1990 to put an end to these violations of the principle of equality laid down in Article 35 of the Constitution and to reaffirm the rights of all citizens to: freedom of conscience, belief and religion; free choice of name; and, subject to recognition and use of Bulgarian as the official language, freedom to speak other languages. The Committee had asked for information on the further measures taken in pursuance of these decisions and for particular steps taken to enable persons who had suffered discrimination as a result of the earlier policy to obtain redress.

5. The Committee notes with interest the adoption of Act No. 243 of 9 March 1990, as amended on 15 November 1990, on the names of Bulgarian citizens, which declares illegal, under the Penal Code, the use of threats, constraint, force, lie or abuse of power or any other illegal action in connection with the choice, retention, change or re-establishment of the name, and which enables all Bulgarian citizens whose name had been changed by force to return to their former name by a simplified procedure. It notes the Government's statement that the adoption of this Act put an end to the consequences of past actions intended to change Turkish-Arab names, and that now the enjoyment of the right to the free choice of name is in accordance with the principles contained in the Convention. The Committee also notes the changes towards recognition of the cultural identity of the minority of Turkish origin in the establishment of a Muslim secondary school and a Muslim non-university school in Sofia, as well as the publication of the journal "Nova Svetlina" (New Light) in both Bulgarian and Turk languages.

6. With regard to the measures taken to enable persons who had suffered discrimination as a result of the earlier policy to obtain redress, the Committee takes note of Order No. 57 of 1 June 1990, which establishes an indemnity for all persons forcibly expelled in September and October 1989, and of Decision No. 8 of the Parliament Committee declaring the political and civil rehabilitation of 517 persons unjustly deprived of liberty and detained at Béléné in relation to the forced change of names. The Committee requests the Government to indicate the measures which have been taken to ensure that these persons, as well as other persons whose employment was terminated because of their failure to change their name or on account of their Turkish origin, are reinstated in their former employment or occupation, that their rights arising out of their former employment or occupation are recognised and that they are effectively compensated for the losses incurred.

7. The Committee notes the statement by a government representative at the Conference Committee to the effect that from May to October 1989, over 300,000 persons had left the country, most of them in order to find better conditions of work and remuneration abroad. Many of them left their jobs hastily, without respecting the provisions of the Labour Code, and were therefore dismissed according to disciplinary procedures. Some of them had sold their property - houses and goods - or cancelled their leases. More than 130,000 of them had returned to Bulgaria between June and December 1989, and by June 1990 this figure had reached 220,000. The two main problems faced by the returnees were employment and housing. In this regard, the Committee notes with interest that Order No. 29 of 9 April 1990, which sets out to solve the social problems of Bulgarian citizens in certain regions of the country, addresses the housing problems faced by returnees though various measures including provision for returning citizens to repurchase their former house and priority for the construction of new housing along with measures of public assistance and education to allow students in those areas to resume their studies. With regard to the employment problems faced by the returnees, the Government states that 121 employment offices, which were opened in January 1990 throughout the country, are at the disposal of all citizens on an equal basis and give special consideration to those who had returned from abroad and were having problems. In the city of Tolbouhin, factories had rehired those returning workers who had suffered disciplinary dismissals. Generally though, return to work of the workers of the Turkish origin, including those who returned from abroad, was being dealt with on an individual case basis. The Committee takes note of this information and requests the Government to continue to provide information (including statistics), on all measures taken or contemplated to assist persons of Turkish origin who returned to Bulgaria after having left the country as a result of the earlier policy to find appropriate employment and housing.

8. The Committee requests the Government to provide information on the measures taken or envisaged generally to promote equality of opportunity and treatment for the minority of Turkish origin, and on the results obtained with regard to:

- access to vocational training;

- access to employment and to particular occupations;

- terms and conditions of employment.

The Committee also recalls that under Article 3, paragraphs 1 and 2, of the Convention, the Government is required to seek the co-operation of employers' and workers' organisations and other appropriate bodies, and to promote such educational programmes as may be calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment, and it hopes that the next report will indicate the steps taken to foster understanding and tolerance between various groups of the population.

[The Government is asked to report in detail for the period ending 30 June 1991.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes that under section 74 of the new Labour Code, a contract of employment is deemed invalid if it is not consistent with the rules of socialist morality or circumvents them.

The Committee asks the Government to state the criteria referred to in determining whether a contract of employment is consistent with the rules of socialist morality.

2. The Committee notes that, by virtue of section 93 of the Labour Code, public organisations are represented on the committees that determine the eligibility of candidates for competitive examinations for certain posts. It requests the Government to indicate which public organisations participate in these committees.

3. The Committee requests the Government to communicate any laws or decrees issued pursuant to section 130 of the Labour Code to impose on certain workers an obligation to maintain faultless public conduct outside the performance of their job, or other obligations not envisaged by the Code.

4. The Committee notes that under section 330, subsection 2(4) of the Labour Code, the enterprise shall terminate the contract of employment without notice whenever an employee is divested of the right to inhabit the community in which he is employed, or is resettled in another community in a manner envisaged by the law. The Committee asks the Government to provide information on the cases in which workers may be divested of their right to inhabit a community or resettled in another community, and to provide the relevant texts.

5. The Committee takes note of section 306 of the Labour Code, whereby women are hired to suitable jobs with priority, all other conditions being equal. The Committee also notes Decision No. 5 of 30 April 1987 issued under the Labour Code, and the schedule of jobs and occupations contained in the annexes to the Decision, listing jobs and occupations which are "suitable" for women (Annex 1) and to which they are hired with priority, the jobs and occupations which may be assigned only to women (Annex 2) (e.g. telephonist, telex operator, seller of tickets, bread, shoes, or flowers, and nurse), and the jobs and occupations which are prohibited to women because they are arduous or hazardous to their health (Annex 3).

The Committee refers to paragraphs 38 et seq. of its general survey of 1988 on equality in employment and occupation, in which it pointed out that occupational segregation according to sex, which leads to the concentration of men and women in different sectors of activity, is to a large extent the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts are at the origin of discrimination based on sex and lead to the nullification or impairment of equality of opportunity and treatment.

The Committee asks the Government to examine the above-mentioned provisions in the light of the Convention and to indicate the measures taken or contemplated to ensure full application of the policy of equality of opportunity and treatment prescribed by the Convention.

6. The Committee notes with interest the provisions of the Labour Code which concern special protection for partially disabled persons. It requests the Government to provide information on the results of the practical application of these provisions, including relevant statistics, and particularly on the application of the provisions of section 315 of the Labour Code under which the enterprise must reserve certain posts for partially disabled persons.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the information provided by the Government in its last report, as well as the comments received in 1989 from the Confederation of Turkish Labour Real Trade Unions, the International Confederation of Free Trade Unions and the International Organisation of Employers.

1. Constitutional and legislative provisions against discrimination in employment and occupation. The Committee notes that a new Labour Code came into force on 1 January 1987. By virtue of section 8(3) of this Code, no discrimination, privilege or restriction in respect of labour rights is permitted on the basis of nationality, origin, religion, sex, race, or social or material status. The Committee notes that article 35(2) of the Constitution similarly excludes any privilege or restriction of rights on those grounds. The Committee observes that the Constitution and the Labour Code do not specifically mention "political opinion" and "national extraction" among the grounds on which no discrimination, privilege or restriction is allowed. It refers to paragraph 58 of its 1988 General Survey concerning Equality in Employment and Occupation, in which it pointed out that where provisions are adopted to give effect to the principles contained in Convention No. 111 they should include all the grounds mentioned in Article 1, paragraph 1(a), of the Convention. The Committee accordingly expresses the urgent hope that measures will be taken to amplify the relevant provisions of the Constitution and the Labour Code to refer specifically also to political opinion and national extraction.

2. The position of the Turkish minority. The Committee has noted the information contained in the comments communicated by the employers' and workers' organisations mentioned above. These comments referred to a campaign to suppress the cultural identity of the Turkish minority in Bulgaria, particularly by the compulsory change of names and the prohibition of use of the Turkish language. Among the documents appended to the comments were instructions issued in 1985 which provided that workers should report for work with their new Bulgarian names and, if they failed to submit the documents evidencing their change of name, were to be refused admission to the place of work, as well as texts prohibiting the use of the Turkish language. Particulars were provided of individual cases in which workers such as doctors, dentists, teachers, lawyers, nurses, journalists and engineers had been dismissed from employment for refusing to renounce their Turkish culture and been obliged to do unskilled manual work in agriculture, construction, factories, garbage collection, etc. It was also alleged that equal opportunities for access to public positions were practically non-existent for ethnic Turks, that the entire Turkish language press had been closed down to the prejudice of persons who had worked for it, and that a large number of Turks living in the regions of Kircaali and Hasky, including many farmers, had been forced to abandon their work, homes and farms.

By a communication of February 1990, the Government transmitted the texts of a decision adopted by the Council of State and the Council of Ministers on 29 December 1989 and of a statement adopted by the National Assembly on 16 January 1990 to put an end to the derogation from the principle of equal rights of all citizens laid down in article 35 of the Constitution and to reaffirm the right of all citizens to freedom of conscience, belief and religion, to free choice of name and, subject to recognition and use of Bulgarian as the official language, to freedom to speak other languages. The statement adopted by the National Assembly provided further that:

- in view of the importance of enjoyment of the right to free choice of name, that question should be regulated by a specific law to be adopted by the end of February 1990;

the additional judicial and administrative guarantees necessary for the protection of the rights, freedom, security and interests of ethnic minorities should be provided for by legislation;

- a special commission was to be established under the direction of the President of the Council of State to prepare a comprehensive programme defining national policy, including changes in the Constitution and legislation, for adoption by the National Assembly.

The Committee has taken note of the above-mentioned texts. It requests the Government to provide information on the further measures taken in pursuance of the statement of the National Assembly, including copies of legislative texts and particulars of the steps taken to enable persons who had suffered discrimination as a result of the earlier policy to obtain redress, including measures to enable them to resume previous employments and occupations, to recognise rights arising out of their previous employment or activity and to compensate them for losses incurred by reason of the violation of their constitutionally guaranteed rights.