Council of Europe asks Bulgaria to legislate on gender reassignment and protect LGBTI people and Roma

LGBTI people and Roma are the main victims of public displays of hatred and prejudice, and hate speech against these groups has been seen in high-profile politicians in recent years. This is according to a report by the European Commission against Racism and Intolerance (ECRI), with the Council of Europe, which covers the period from June 2014 to the end of March 2022.

According to the Commission, there is no system to monitor and counter racist and anti-LGBTI incidents in Bulgarian schools, and there is no official data on the LGBTI population in Bulgaria. Despite the ECRI's recommendation in its latest report, the authorities have not carried out any research or study on the situation of this group and have not developed legislation on gender reassignment and gender recognition as recommended by the ECRI. The report states that the LGBTI community Rainbow Hub in Sofia has been attacked several times in recent years.

The Commission to the Council of Europe found that many Roma children still do not attend kindergarten, school or complete their secondary education. According to the report, segregation appears to exist in some cases. It recalls cases in which Roma have been the victims of protests, threats and attacks and the demolition of houses. Members of the Roma community have been particularly hard hit by pandemic-related measures taken by the authorities, as many have precarious employment commitments in the informal sector of the economy, the document adds.

ECRI makes several recommendations to the Bulgarian authorities. The authorities should set up an LGBTI working group, which should include relevant organisations from the LGBTI communities, to carry out a study on discrimination against LGBTI persons in order to develop a national strategy and action plan in this area. ECRI also recommends that the authorities increase the number and expand the successful work of Roma mediators in the areas of health, education and employment. It will follow up these recommendations in two years' time.

The Council of Europe body recommended that the Bulgarian authorities establish a system to monitor and counter racist and anti-LGBTI incidents in schools and reiterates its recommendation that the authorities develop gender reassignment and recognition legislation in line with international human rights standards.

With regard to Roma, ECRI urges the authorities to take all necessary measures to prevent threats and violence against Roma and to ensure that there is no de facto segregation of Roma children in kindergartens and schools. The Council of Europe body also recommends that the authorities protect Roma housing from demolition that does not comply with relevant internationally accepted safeguards (such as sufficient notice, the possibility of legal remedies and the provision of alternative accommodation).

Furthermore, ECRI recommends that the authorities increase and expand integration measures for refugees and beneficiaries of subsidiary protection (especially adult Bulgarian language training, as well as skills-building and employment support) in order to reach more beneficiaries, either by -creating national integration programmes or by adequately funding and fully deploying activities at local level.

ECRI also welcomes some positive developments observed since the previous monitoring cycle. Bulgaria's national equality body, the Commission for Protection against Discrimination (CPD), has received funding to set up additional offices. The Commission notes as a positive development the pre-2020 ban on the Lukov March in Sofia. The Commission recalls that the march is an ultra-nationalist and neo-Nazi youth torchlight procession to glorify the legacy of a pro-Nazi Bulgarian politician and is pleased that the decision to cancel it has been upheld by the Supreme Administrative Court.

Regarding Roma inclusion, the report says that in 2016 the authorities introduced Bulgarian language classes in pre-school institutions lasting up to 100 hours for children whose mother tongue is not Bulgarian, mostly Roma. In 2020, nearly 30 000 Roma participated in socio-economic integration activities proposed by the Employment Agency. The work of Roma mediators in education, employment and health has been very positive, especially during the Covid-19 pandemic.

As regards refugees and subsidiary protection seekers, ECRI notes that they can apply for family reunification from the moment they obtain protection status, without specific conditions in terms of income and housing. The Commission commends the authorities for their efforts to offer protection and support to the many Ukrainians who have sought asylum in Bulgaria since the start of the Russian aggression against Ukraine in February 2022 (according to the Bulgarian authorities, between the end of February and May 2022. Bulgaria has welcomed more than 80,000 Ukrainians, mostly women and children).

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