Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (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.