The Bulgarian equality body in the spotlight

   Kemal Eyup, Chairman of the Bulgarian Commission for Protection against Discrimination introduces the Bulgarian equality body and the actions put into place at national level to combat discrimination. This interview is also an opportunity to learn about the cases that the organization deals with, the initiatives implemented to reach out citizens living in remote regions and the projects of the equality body for 2010.

Thank you Mr Kemal Eyup for agreeing to take part in this interview.

 
1. Can you tell us a bit more about the history and evolution of your equality body?
2. How aware are citizens in your country about the role of equality bodies? Do they trust you? Do they know that you are there for them? Approximately how many complaints you receive each year?
3. How do you work to meet the needs of Bulgarian citizens leaving in remote regions? Does your Commission have any policy to ensure a presence at a local level?

4. Which cases are you currently dealing with? Which problems are you experiencing, if any? Tell us the most interesting/significant ones (both success stories and more difficult ones) and, if possible, give us references.
5. In Bulgaria there is a big population of different ethnic/national minorities. How does your daily work in this field look like?

6. Do you have special needs and/or requirements to be addressed to Equinet? Can you assess to which extent and how Equinet is helping your equality body? Is it giving an added value to your functioning?
7. What will be your other major projects and initiatives planned in 2010?
8. Do you have other comments to add or other information to provide?

1. Can you tell us a bit more about the history and evolution of your equality body?

The Commission for Protection against Discrimination (CPD) of the Republic of Bulgaria is the authority implementing the national policy ensuring equal opportunities, prevention from and protection against discrimination. The Commission is an independent specialized public body established under the Protection from Discrimination Act, adopted on 16th September, 2003 by the 39th National Assembly (Bulgarian Parliament) and in force since January 1st, 2004. The adoption of that Act has played a pivotal role in the harmonisation of Bulgarian legislation with international and EU standards in the field of equality, prevention and protection against discrimination. The Protection from Discrimination Act has introduced the EC Directives prohibiting discrimination and implementing the principle of equal treatment in the national legislation.
Bulgarian legislator has adopted the progressive approach of a single, thorough law on equal opportunities and protection against discrimination and a single equality body.  The advantages of Bulgarian anti-discrimination Act result from the regulated protection against discrimination, far overreaching the application field and grounds of EC Directives. An important innovation is the introduction of general prohibition of discrimination, referring to every area of socio-economic life and based on any of the 19 explicitly listed grounds. That founding principle of the national legislation provides equal level of protection against discrimination on the listed 19 grounds in all public relations. The list of discrimination grounds remains open to any other grounds established by law or by any Treaty, to which the Republic of Bulgaria is part. Thus, without exaggerating, we can proudly say that this established general prohibition, horizontal on each ground, represents one of the most democratic achievements in the area of EU Member States’ national legislations.

On national level, the Protection from Discrimination Act has introduced new regulations in regard to substantive law  and legal proceedings, unfamiliar to law theory and practice so far. Among them are the establishment of a special equality body – the Commission for Protection against Discrimination; extensive protection against discrimination covering also legal entities; defining key concepts; exclusion of a certain number and type of inequalities and forms of differentiated treatment  from the discrimination definition; specific burden of proof with an option of burden of proof shift in certain circumstances; discrimination on the protected grounds in case of persons’ connectedness and an option for persons who have not suffered directly from the discriminatory act to initiate a proceeding for protection against discrimination.
 The Protection from Discrimination Act designates one equality body – the Commission for Protection against Discrimination that in law and in fact controls the observation of equality principle on each ground laid down in EU Directives, national legislation and international treaties, to which the Republic of Bulgaria is part.
CPD mandate ensures its functioning beyond the duration of one government mandate. CPD can initiate proceedings on its own initiative, can influence on discriminatory practices and normative acts issuing compulsory recommendations for observance of anti-discrimination legislation. It can make recommendations for amendments, additions or abrogation of practices or acts, including laws, or appeal in court the administrative regulations infringing equality and non-discrimination principles.

2. How aware are citizens in your country about the role of equality bodies? Do they trust you? Do they know that you’re there for them? Approximately how many complaints you receive each year?

Since its creation, the Commission has been implementing, in parallel with the regular proceedings on case files, a far-reaching awareness-raising campaign composed of workshops, training seminars, round tables and conferences in all country regions, large cities and small towns.
Citizens often prefer to approach the Commission as its proceedings are less formal and shorter (at most 2 months for preliminary investigation) than court proceedings. Moreover, they are free of charge as no state fees are collected and the expenses engaged during the proceedings are covered by the budget of the Commission. Once the Commission’s decision enters into force, a special mechanism for compensation of damages is established and determined according to the infringement committed and the offender.

3. How do you work to reach needs of Bulgarian citizens leaving in remote regions? Does your Commission have any policy to ensure a presence at a local level?

The frequent organization of open days for citizens in various remote towns has turned out to be the “active link” between CPD and people. In its awareness-raising activities, the Commission strives to inform Bulgarian citizens of existing anti-discrimination standards on national and international level in order to promote a fair, inclusive and united society with equal opportunities for all.
We are also intending to increase public sensitivity to occurrences of discrimination and raise individuals and institutions’ awareness to discrimination and inequality. Finally, the Commission encourage them to understand their responsibilities and obligations related to human rights and non-discrimination ensuing from the international commitments of Bulgaria.
The awareness-raising activity on individual rights under PfDA, the process of case filing and proceedings before the Commission is further supported by our 17 regional representatives. Their main task is to advise people from distant regions on the Rules of Proceeding before the Commission and to process complaints.
Following the Council of Europe’s recommendations, one of CPD key tasks in 2008 was to establish regional offices in each district center. Firstly, we focused on finding premises where our regional representatives could fulfill their functions. Requests were sent to all District Governors and Mayors, asking for provision of vacant rooms.
Most District Governors readily provided office space for CPD regional representatives. Others expressed their willingness to provide such space in the future. By August 2009, CPD had appointed its regional representatives in 17 district cities and municipalities. CPD regional representatives have been trained in processing complaints and signals lodged by individuals and legal entities. Regional offices are well equipped with technical and information material.

4. Which cases are you currently dealing with? Which problems are you experiencing, if any? Tell us the most interesting/significant ones (both success stories and more difficult ones) and, if possible, give us references.

I would like to share more about the significant cases with a strong impact in our society.  Some of them have urged the Commission to obtain mandatory recommendations aimed at improving the situation of whole communities and vulnerable groups.
For instance, the case of a bank that asked its potential and actual employees to fill a declaration inquiring very personal information– pregnancy, heart and other diseases, properties, etc. The complaint was lodged by a young lady who has been “invited” to leave several months after her appointment when her employer found out that she was pregnant. 
On another occasion, a pay gap disguised behind “correct” reasons has been discovered. A lady, long-standing employee with top qualification at a cement mill, continuously received lower wages than her male colleagues with lower training and work history.
The Commission has also obtained a couple of decisions “leveling-up” the payment of teachers and trainers at regular schools and the so-called “vocational training facilities” where tutors train students with special educational needs. The latter group of trainers was deprived of many benefits, to which their colleagues from regular schools are entitled.
One very significant decision from 2008 was related to the provision of healthcare services and actually to the failure to provide urgent medical aid to a resident of a Roma neighborhood who died because of that negligence.
On numerous cases, the Commission’s decisions have resulted in positive amendments of existing regulations and even legislative acts. We are also proud of the decision on a case where a visually-impaired student was refused to study in a State University because of his health condition. After CPD Panel’s decision, the University Dean amended the discriminatory regulation and provided equal access for all candidate-students.
Instead of continuing with some of the long list of interesting cases, I would encourage readers to have a look at the Compendium of CPD case law that can be found on Equinet and CPD websites in English.

5. In Bulgaria there is a big population of different ethnic/national minorities. How does your daily work in this field look like?

In our work we are attempting to proceed from particular cases to more general solutions. Considering case files’ specifics, the Commission’s Board, by virtue of the Protection from Discrimination Act, assigns and launches independent surveys, reviews and analysis focusing on ethic minorities.
For example, in 2007-2008, a national-wide survey was carried out in auxiliary schools (i.e. facilities for children with mental or physical disabilities) where many Roma children study due to social reasons (e.g. poverty, drop-out, poor knowledge of Bulgarian, social exclusion of their families). Field check-ups have been carried and some bad practices have been corrected.
A sociological survey has been recently commissioned to the National Statistic Institute to evaluate the participation and representation of ethnic minorities in all levels of public administration. 
Also, an Intergovernmental Working group has been set up under the Commission’s leadership and assigned to survey the equal access to labour market and vocational training at the Labour Bureaus (local Public Employment Services under the National Employment Agency). Those check-ups will review the diversity and equality policies at local level, especially in relation to persons from ethnic minorities.

6. Do you have special needs and/or requirements to be addressed to Equinet? Can you assess to which extent and how Equinet is helping your equality body? Is it giving an added value to your functioning?

So far Equinet has proved to be a valuable and indispensable source of knowledge, EU-level expertise and networking opportunities. It has provided numerous opportunities to our Commission to learn from other equality bodies’ experience, present its own activities and achievements, grow and learn, meet and know. The international workshops and seminars organized by Equinet give our staff a chance to measure up to other legal experts, plan new initiatives and develop their skills. 

7. What will be your other major projects and initiatives planned in 2010? 

In 2010, the Commission will focus on three priority fields that are rather new for our country. Our newest initiative is related to the integration of immigrants – an “old” challenge for most EU Member States but quite a novelty for Bulgaria. To begin with, the CPD commissioned a sociological survey on society attitudes to immigrants. The next step will be to draft and implement a project, “Strategic Partnership for Effective Integration of Immigrants in Bulgarian Society”, funded under the European Integration Fund. Our third priority is youth – “Youth In Action against Discrimination”, as our other project is named, - and youth awareness-raising in tolerance, non-discrimination and respect for diversity, together with active citizenship and good knowledge of fundamental rights and responsibilities.
And at last but not least, the Commission is eager to deepen its relation to international partners and to strengthen its positions in the international level. We are looking forward to opportunities to learn from others’ experience and share our own lessons learnt.

8. Do you have other comments to add or other information to provide? 

 Let me finish by quoting a wise saying from our lands:
“Tolerance is the path to peace.”

 Thank you Mr Eyup for your contribution.