Country Report on Human Rights Practices for 1989
BULGARIA
.
After 35 years as leader of the Bulgarian Communist Party
(BCP) , Todor Zhivkov, who was also Chief of State, was ousted
on November 10 by a group of Politburo colleagues headed by
Foreign Minister Petur Mladenov. Under the new leadership of
Mladenov, the BCP renounced its leading role in the State
guaranteed by the Constitution and opened the door to
political pluralism and democratic elections. The Government,
with Prime Minister Georgi Atanasov still in charge, agreed to
hold talks with the opposition on the country's future.
While the Ministry of the Interior maintained strict domestic
control through the militia, state security officers, internal
security troops, border guards, special purpose forces, and
informants, one of the new leadership's first acts was to
disband the Ministry's department which monitored the
political activities of citizens. It is not yet clear,
however, whether its functions have actually been abolished or
merely transferred to other institutions.
Mladenov and his colleagues have espoused economic
restructuring and have pledged that the country will adopt a
free market economy. At year's end, however, they continued
to rely on a centrally planned economy in which almost all
production and commercial facilities are state owned. State
controls continue to hamper the limited sector of small-scale
private agricultural plots and small businesses.
Under Zhivkov 's rule, the human rights situation continued to
be characterized by harsh repression. The exercise of such
basic human rights as freedoms of speech, press, assembly, and
religion in a manner the Communist Party deemed unacceptable
was prohibited and punished. The authorities pursued their
forcible assimilation campaign directed at the ethnic Turkish
minority (about 10 percent of the population), which began in
1984. Hunger strikes and demonstrations by ethnic Turks in
dozens of communities in May and again by Pomaks (Bulgarian
Muslims) in September led to clashes with security forces and
resulted in a number of deaths. The regime used a new
passport law adopted in May 1989 to expel several thousands of
ethnic Turkish activists. Other ethnic Turks began to stream
across the border in an exodus which reached 310,000 by
mid-August, when the Turkish Government reinstituted a strict
visa regime. Meanwhile, Bulgarian dissidents and Pomaks were
usually denied the right to travel.
After November 10, the new leadership took tentative steps to
redress many human rights abuses. Bulgarians began to enjoy
the freedoms of speech, assembly, and association. Many
dissidents received passports and permission to travel
abroad. In a major decision, the Government on December 29
condemned the forced assimilation policy and pledged to take
measures to guarantee the freedom of citizens to follow their
religious and traditional customs and to reassume their Muslim
names, forcibly changed at the beginning of the assimilation
campaign. If implemented fully, this decision should
effectively end the assimilation policies directed against
ethnic Turks and Pomaks.
In addition, the National Assembly amended the penal code,
deleting many political offenses and amnestying those
convicted of those offenses. It also promised liberal laws on
assembly and association. The media, although still
controlled by the Government, began to report objectively on
opposition views.
The following report primarily describes the human rights
situation as it existed before the ouster of Zhivkov on
November 10. Some of the institutions and practices that led
to widespread human rights abuses apparently were being
changed at year's end, and the next annual report is likely to
include a significantly different assessment of human rights
practices.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
,.'.
a. Political and Other Extrajudicial Killing '
There were no reports of politically motivated killings, but a
number of peaceful demonstrators were killed by internal
security troops in May and September (see Section l.g.)-
There were reports of prison deaths caused by torture and
beatings.
b. Disappearance
Despite reports that many people were missing for periods of a
month or more following May and July demonstrations by ethnic
Turks and Pomaks, there were no known permanent disappearances
at the hands of security forces.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishtnent
Although torture does not appear to be practiced
systematically in Bulgaria, many ethnic Turks who fled to
Turkey recounted tales of beatings and torture during the May
1989 demonstrations. Most people reported beatings by members
of the police and security forces who used their fists and
chairs and kicked people, causing broken ribs and other
injuries. Beatings with a wooden truncheon covered with
rubber were reportedly frequent both in Razvigor, a pretrial
detention center in Sofia run by the state security service,
and regular prisons. Prisoners were thereafter immersed in a
trough of cold water to minimize marks from the beatings.
Some persons recounted tales of drugs in their food,
psychological torture, electric shocks, cigarette burns, and
attacks by dogs. Some state they were beaten repeatedly; a
few reportedly died from their beatings.
Since 1977, prisons have been under the jurisdiction of the
Ministry of Internal Affairs. Conditions are Spartan. During
Zhivkov's regime, political prisoners in many cases were
quartered with common criminals, at whose hands they suffered
abuse. Other reports indicated that guards routinely beat
prisoners or arbitrarily punished them with solitary
confinement. Nikola Chamurliski, who was sentenced to 20
years in 1974 for "economic espionage," reportedly refused to
work and thus suffered regular beatings and received little
food; he is said to be extremely ill in Pleven prison. One
ethnic Turk recounted spending 3 months at Belene prison in
1984 in cells with no heat at temperatures of -30 degrees C.
Prisoners were allowed little daily exercise; family visits
were infrequent and depended on the "strictness" of the prison
regime to which the prisoner had been sentenced. In Razvigor
detention center, cells are reportedly 2.5 by 1.5 meters,
without any windows. Lights are kept burning continuously.
People are held individually and are not permitted to speak toor even see other detainees. Toilet facilities consist of a
bucket in the corner; bathing is permitted once a week, and
detainees are shaved by a guard twice a week.
d. Arbitrary Arrest, Detention, or Exile
Although Bulgarian law provides for a judicial determination
of the legality of a person's detention, the judiciary under
Zhivkov was not independent of executive power and was unable
to provide any effective check on executive actions. Persons
were detained arbitrarily, without public notice, although the
public prosecutor had to be informed within 24 hours of such
detention. Human rights activists Dr. Konstantin Trenchev,
Anton Zapryanov, Todor Gagalov, Nikolai Kolev, Khristofor
Subev, and Anton Nikolov were detained in May; their friends
and families learned of their whereabouts only after several
days, when they inquired of the authorities. Newly appointed
leader Mladenov promised a "rule of law" but at year's end
extensive reform of the legal system had not yet been
announced.
Preliminary detention is limited theoretically to 10 days.
Under Zhivkov's rule, the preliminary investigation could take
2 months, during which time detainees could be held in custody
if "major state interests impose it." Bulgarian law permits
detention for up to 6 months following arraignment and prior
to an indictment. Dr. Trenchev and other activists were
detained incommunicado and without charges for more than 3
months. They were allowed access to a lawyer only after 2
months, when the preliminary investigation had been completed.
They were ultimately released on bail of about $105 each,
under obligation to appear at a hearing when called. Under
the criminal code, the accused must be informed of the charges
against him, but this requirement was not always observed.
During Zhivkov's rule, persons could also be subjected to a
system of administrative control short of imprisonment,
whereby they were detained at their place of residence and
required to appear frequently at the local police station.
Under the law, the militia is authorizes to place under
administrative control or house arrest not only those who have
engaged in criminal activities, but also those who have
protested "against organs of power" or shown "antisocial
manifestations." Poet Petur Manolov, then secretary of the
Independent Society for the Protection of Human Rights in
Bulgaria, was confined to Plovdiv in early 1989 on these
grounds.
Another form of punishment and control is compulsory domicile
or internal exile. During Zhivkov's rule, this was a
frequently used tool to isolate political activists from their
friends and prevent their being in touch with Western media or
foreign embassy representatives. If such persons left despite
these prohibitions, they faced possible imprisonment. Ethnic
Turk Dzhemil Mekhmedov, arrested in 1985 after protesting the
then compulsory name-change campaign, was taken from his
family and home village of Ezerovo and placed under compulsory
domicile in ethnically Bulgarian villages in the northeast.
In June he was allowed to leave for Turkey with his family.
Activist Nikolai Ganchev Kolev, accused of not performing
"socially useful labor," was detained in March, appeared
before a local magistrate, and was sent, without any trial or
access to a lawyer, to Bobov Dol for compulsory domicile and
labor for a year and a half. Kolev was allowed to return to
Stara Zagora in April following hunger strikes in his defense
and was detained again in May.
Exile or expulsion was utilized as a means of political
control from late 1988 until Zhivkov's ouster. Independent
Society member Eduard Genov and his family were the first to
be expelled in October 1988. Ekaterina Markova and Kristo
Svatovski followed him in November, along with Grigor Simov
Bozhilov who was turned back at the Austrian border. Tseko
Tsekov left Bulgaria in December. Dimitur and Diana
Boyadzhiev, of the independent trade union "Podkrepa"
(Support), reached Vienna in March 1989, as did Orthodox
priest Blagoy Topuzliev. Rumen Tsankov Dimitrov of the "Green
Mass" left Bulgaria in April; the group's chairman, Stefan
Cholakov, left in May. Petur Manolov, despite his strong
desire to remain in Bulgaria, was expelled in May following
months of sustained, intensive pressure and harassment,
including threatening telephone calls, physical intimidation,
isolation, and other forms of abuse. Independent Society
activist Vladimir Krustev was expelled in August.
It is not possible to estimate reliably the number of persons
subject to arbitrary arrests, other forms of detention, or
summary exile up to November 10, 1989. The exact number of
Turkish detainees who may still be incarcerated or in internal
exile as a result of the 1984-1985 name-change campaign is
unknown, although some were expelled and/or allowed to leave
the country between June and August 1989, and others were
released from prison after the change of leadership in
November and the subsequent amnesties.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Bulgarian law and general practice provide for public trial in
criminal cases. Defendants are entitled to legal counsel, but
only after the preliminary investigation and indictment.
During Zhivkov's regime, when defense attorneys were provided,
they often cooperated with the prosecution. As a result, one
human rights activist in 1989 refused to retain an attorney
and chose to defend himself. Lawyer Angel SokolRrsky, who had
been disbarred for his overly energetic defense of a client
prosecuted for political reasons in 1987, was reportedly
reinstated in April 1989. Some defense attorneys enjoy
reputations for courage and honesty, despite pressures by the
security apparatus.
Special court procedures apply in cases involving state
security. Article 262 of the penal procedural code declares
that a closed trial may be held when necessary "for the
preservation of a state secret or of socialist morality."
There is also a system of military courts and a military
division of the Supreme Court, in which crimes committed by
military personnel and employees of the Ministry of Internal
Affair^ are tried.
During Zhivkov's regime, the judicial system generally sought
to appear to be observing legal norms, but the courts
sometimes applied statutes retroactively or extended them to
cases of dubious applicability. The penal laws were codified
and published, but their circulation was severely
circumscribed. Many Bulgarians are unaware of the provisions
of their Constitution, which was among the documents
confiscated from Petur Manolov in January and dissident priest
24-900 O—90 34
Blagoy Topuzliev when he left Bulgaria in March. There are
also separate and sometimes unpublished laws affecting, for
example, the military, the people's militia, religious sects,
and telephone communications. In addition, there areextensive
ministry regulations and generally "understood"
administrative measures that remain unpublished. Under
Zhivkov, such regulations were frequently invoked in judicial
proceedings, and the defendant had little opportunity to
question their validity or applicability. Defendants have the
right to produce "proofs," as well as the right to appeal a
sentence, within 7 days. Of the 21,956 persons sentenced in
1988, however, only 301 were subsequently acquitted.
Political prisoners in Bulgaria include those captured while
trying to escape across the borders and ethnic Turks detained
for opposition to the name-change campaign begun in 1984. The
number of such detainees is unknown. Credible reports,
including those documented by Amnesty International (AI) and
Helsinki Watch, indicate that many ethnic Turks remained in
prison or exile during 1989. Bulgarian human rights activists
noted that there were approximately 250 political prisoners in
1989 prior to Zhivkov's overthrow. The amnesties announced in
November and December 1989 are believed to have led to the
release of many, perhaps most, of these prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Before November, the authorities interfered in the private
lives of citizens in many ways. In November, however, the
Government announced that the arm of the internal security
forces which monitored the "ideological" activities of
citizens had been abolished. No announcement has yet been
made about the other functions of the security forces, which
have directed an elaborate system of informers in virtually
all workplaces, residential areas, and social organizations to
monitor the daily lives of Bulgarians for signs of dissent.
The Constitution charges parents with the "obligation" of
attending to their children's Communist education, which was
also considered the purview of the State alone. In Kurdzhali
in 1988, Turkish children aged 3 to 6 were reportedly required
to live in nursery schools during the week and go home only on
weekends as part of an official effort to "Bulgarianize"
them. The Islamic rite of male circumcision was effectively
banned during most of 1989, although the announced end to the
campaign to assimilate the Turkish minority should lead to the
lifting of that ban. Citizens who did not become members of
Communist-dominated mass organizations were denied advancement
at work and other benefits.
The monitoring of private telephone conversations and/or
correspondence was also common. When one dissident protested
to state authorities about the monitoring and cutting off of
his telephone conversations, he was told in a letter of reply
that his line was "in order" and his complaints were "illegal
and unfounded," and he was warned that such violations of the
law would be punished. Four of the five human rights
activists invited to the Paris Conference on the Human
Dimension in May did not receive their invitations because of
Bulgarian postal interference.
Sanctity of the home is nominally safeguarded by law, and
police may not legally search property without prior
permission from a court or prosecutor. However, searches may
be undertaken in situations the police deem urgent before
judicidl permission is given. Dissident Petur Manolov's home
was searched in January 1989, no warrant was presented, and
many documents, including his personal telephone directory and
a Bulgarian translation of the 1948 Universal Declaration of
Human Rights, were confiscated. Following a lengthy hunger
strike and resultant international publicity, all of his
documents were returned. The homes of Dr. Konstantin Trenchev
and his parents were searched on May 27, and he was given a
lengthy itemized receipt for the documents that were taken.
To date none of Dr. Trenchev ' s papers have been released by
the authorities.
Bulgaria ceased jamming Radio Free Europe broadcasts in
December 1988. The British Broadcasting Corporation's World
Service, Deutsche Welle, and Voice of America broadcasts are
also heard without interference. The availability of Western
publications remains tightly controlled; only Western
Communist party newspapers, such as L'Unita and the Morning
Star, are regularly sold at newsstands.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
Numerous reports indicated that Bulgarian security forces
utilized excessive force in putting down mass demonstrations
by ethnic Turks in May, just as they had in 1984-1985.
Apparently prompted by independent human rights groups,
Bulgaria's signing of the Vienna Concluding Document of the
Conference on Security and Cooperation in Europe, the Paris
Conference on the Human Dimension, and the passage of the new
passport law (all widely reported on Western radio stations),
hundreds of ethnic Turks began hunger strikes in May to demand
the restoration of their Turkish names and their human
rights: freedom to speak their language, practice their
religion, and maintain their cultural traditions. The hunger
strikes were followed by nonviolent marches and demonstrations.
Up to 5,000 internal security troops using tanks and
helicopters were called in to quell the demonstrations which
took place in many northeastern and southern towns and
villages. Although the Government acknowledged that 7 had
been killed and 28 wounded, outside conservative estimates run
to approximately 30 people killed and 100 wounded.
In a televised speech in May, then chairman Todor Zhivkov
declared that every Bulgarian citizen could exercise his right
to travel and called upon Turkey to open its frontier to all
Bulgarian Muslims. The Government organized mass public
demonstrations in May and June denouncing Turkey.
Following the initial expulsion of perhaps 3,000 ethnic
Turkish activists, some of whom were suddenly taken from
prison or internal exile, thousands of ethnic Turks began to
apply for their passports under the new passport law (see
Section 2.d.), remove their savings from the banks, and pack
up all they could carry. From June through August, until the
Turkish Government reinstituted a strict visa regime to
control the massive flow of immigrants, more than 310,000
Bulgarian Turks streamed across the border in cars, pulling
hand carts, and on foot. (Over 70,000 of these subsequently
returned to Bulgaria.) In September Pomaks (ethnic Bulgarian
Muslims) in many villages peacefully demonstrated for similar
reasons, including the right to travel. Again, Bulgarian
authorities used force to end the demonstrations, killing up
to 10 persons and injuring scores. In December the new regime
responded to a peaceful demonstration by Muslims in Sofia by
agreeing to repudiate the assimilation policy.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
press, other laws provide severe punishment for the voicing of
any belief or conviction which is contrary to official policy
or critical of the State. Under Zhivkov's rule, Bulgarians
were detained, tried, imprisoned, and exiled for criticism and
actions which were political in nature. The penal code
provides punishment for "crimes against the People's
Republic," "antistate agitation and propaganda," slander
against the State, spreading untrue allegations about the
Government, and committing acts that create distrust toward
the Government. In November the National Assembly repealed
some of these articles and released those who had been
convicted under them.
The unauthorized disclosure of information, particularly
unpublished economic or demographic statistics, is illegal.
Reportedly, a law specifying what constitutes an official
secret is being drafted, and a new press law is being
considered. Many press articles before November endorsed the
practice of "responsible" glasnost (openness), i.e., freedom
of speech with self-imposed limits for the good of society.
After the removal of Zhivkov, the press became much more open,
even reporting objectively on some of the actions of dissident
groups.
Bulgaria's radio, television, and press remain state owned and
state controlled. Although censorship officially did not
exist, the media, as well as writers, artists, and those in
academic life, operated within implicit party and government
guidelines and practiced self-censorship. Before November,
forbidden topics typically included unauthorized criticism of
party and state leaders, of Communist ideology, and of other
Communist countries. Ordinary citizens could express
criticism and send complaints to newspapers as well as to
National Assembly deputies, but only those on approved topics,
such as inadequate service by public agencies and housing
shortages, were publicized. Authorized criticism rarely
extended beyond specific shortcomings or failures of lower
level administrative officials. When television commentator
Kevork Kevorkian, moderator of the popular show "Every
Sunday," questioned a visiting Soviet official on the
continuing need for such slogans as "Proletarians of the
World, Unite!," he was temporarily removed from the air.
Following his further public complaints in July that he was
not being allowed to broadcast what he wished, the show was
canceled. The show was brought back in November, allegedly
after Mladenov's personal intervention.
Bulgaria began to move toward Soviet-style glasnost late in
1989, but the country's record was generally checkered. In
January the official press viciously attacked the country's
first independent human rights organization while ignoring the
arrest of its members. An article criticizing the National
Assembly as a "rubber stamp" was published in July, as was
increased criticism on the lack of glasnost in various
government branches and enterprises.
Until Mladenov's ascendancy, there was no unofficial
publishing in Bulgaria. One Bulgarian produced an independent
newsletter, "The Alternative," in July on a computer; the
first issue included the text of the Universal Declaration of
Human Rights, an editorial on the paper's intent and function
in a "totalitarian Communist system," the Intellectual Club's
May declaration on glasnost, and Blaga Dimitrova's hitherto
unpublished speech at the March Congress of Writers on the
misuse of language in Bulgarian society.
Dissatisfied intellectuals had formed a group in late 1988
calling for increased glasnost and more rapid perestroika
(restructuring). Several members of this "Independent
Discussion Club in Support of Glasnost and Preustroistvo" were
subsequently expelled from the BCP as a result of their
activities. In May they circulated an appeal to the National
Assembly for greater glasnost, including the right of citizens
to express their opinions and to receive and circulate all
kinds of information. Although this appeal was broadcast on
Radio Free Europe, it was never acknowledged or officially
published in Bulgaria.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, but in practice during the Zhivkov regime only
public demonstrations of support for the Government or party
were allowed, and the party decided which social and political
organizations could exist. New, more liberal legislation
governing assembly and association was being considered by the
National Assembly at year's end.
Under Zhivkov, all authorized associations were government
controlled, and the law provided punishment for anyone
founding an illegal organization. Seven Bulgarians founded
the country's first independent human rights organization, the
"Independent Society for the Protection of Human Rights in
Bulgaria," in January 1988. In June of that year, the
Government founded a "Committee for Human Rights," which has
refused to assist members of independent organizations on the
grounds they were not legal. Independent groups have
proliferated since that time: in November 1988, the
"Independent Discussion Club for the Support of Glasnost and
Preustroistvo" (intellectuals), the "Democratic League for the
Defense of Human Rights" (a primarily ethnic Turkish group),
and the "Party of the Green Masses" (an alternative political
party); in January 1989 the "Association to Support Vienna
'89" (another ethnic Turkish group); in February the
independent trade union for scientific, technical, cultural,
and educational professionals "Podkrepa" (Support); in March
the "Committee for Religious Rights, Freedom of Conscience,
and Spiritual Values"; in April the "Moslem Initiative Group"
and "Eco-glasnost" (an environmental group); in the spring the
"Citizens' Initiative" (an autonomous branch of the
"Independent Society" in Ruse); and in July "Committee 273,"
to support all those detained under Article 273 of the
Constitution for antigovernment propaganda.
Most of these groups applied for registration in order to
receive the status of a juridical person, which is the only
way to have a bank account amd own property. The Government
refused registration to all and deemed all of them illegal,
until, in December, a Sofia court ordered that Eco-glasnost be
permitted to register. The Government also refused to allow
any of the independent groups the use of restaurants or public
halls for their meetings. It prevented the party conference
of the Green Masses in both April and June and broke up an
outdoor assembly of Eco-glasnost in July. Members of
Eco-glasnost were beaten by police and forcibly removed from
one Sofia park to another while they were collecting
signatures for a petition during the October meeting of the
Conference on Security and Cooperation in Europe on the
environment. In December the National Assembly passed a
resolution condemning the police action and calling for an
investigation and compensation for the victims.
c. Freedom of Religion
The new leadership has not yet addressed church-state
relations. Although the Constitution provides for freedom of
worship, the authorities under the old regime espoused atheism
and discouraged religion. Openly expressed religious
conviction was incompatible with party membership or
attainment of responsible government or other positions.
Church-state relations are regulated by a division of the
Ministry of Foreign Affairs. Before November, it reviewed all
clerical appointments and had imposed clergy on local
congregations over the opposition of parishioners. No church
buildings could be constructed without official permission,
and the committee determined whether or not existing numbers
of churches for various denominations were adequate.
Religious and prayer groups could be organized and services
conducted privately, according to officials. No religious
groups could engage in open proselytizing, and foreign
missionary activity wss banned. Authorities confiscated
imported religious materials. No parochial schools could
exist.
A number of faiths are recognized or tolerated. The Bulgarian
Orthodox Church, which was the established church before the
Communists took power, is the largest, with a reported
following of 6 million nominal adherents out of a population
of 9 million. Functioning as a quasi-official church, it
receives government financial support and echoes government
propaganda. The church is allowed to print a newspaper,
although the last Bulgarian-language Bible, only 2,000 copies
of which were published, appeared in 1982; no Bibles may be
imported. In 1989, for the first time since 1946, the
Patriarch was permitted to present Christmas greetings on
televison and radio. The Orthodox Church is allowed to
distill and market some alcoholic beverages and sell some
religious articles, such as candles and small jewelry
crosses. There is a seminary for Orthodox priests whose
curriculum is approved by the State.
The independent "Committee for Religious Rights, Freedom of
Conscience, and Spiritual Values," founded by Orthodox priest
Father Khristofor Subev, was repudiated and denounced by the
official Orthodox church hierarchy. Father Subev was sent
into internal exile in January after having led illegal
processions of believers, carrying icons, through the streets
of Veliko Turnovo. His group called for an end to political
interference in church affairs and religious life, for freedom
of conscience, freedom of religious information, legalization
of religious charitable work, and religious tolerance. In
December his group demonstrated in Sofia without repercussions.
Approximately 60,000 Roman Catholics are divided between
followers of the Latin and Uniate rites. Bulgaria reportedly
has only 32 Catholic priests now, as opposed to about 200 when
the Communists took power. Importation of the French
newspaper La Croix has been forbidden, but selected priests
have been able to travel to Rome and to receive the Vatican's
official paper, L 'Osservatore Romano. The Government in 1988
made grants to the three Catholic dioceses of Sofia, Plovdiv,
and Ruse.
Other religious denominations in Bulgaria have few adherents.
There are 10 Armenian churches in the country, and the
Armenian community publishes a biweekly newspaper. Various
Protestant groups, including Baptists, Pentecostalists,
Methodists, and Seventh-Day Adventists, reportedly suffer
continuing problems with the authorities. In February
government officials characterized Pavel Ignatov and his
Church of God congregation as schismatics and dismissed
allegations of repressive measures against the group. In May
a member of Ignatov 's congregation reported that, following
the Easter visit of an American pastor, Timothy Kornet, the
man who had interpreted for Kornet was thrown out into the
street with his pregnant wife, and pastor Ignatov lost his
job. In April a group of evangelical Protestants primarily
from Denmark called "Pilgrims of Jerusalem" traveled around
Bulgaria holding religious services. The Government expelled
them after 2 months.
Although some reports indicated that the Dunovist sect, an
indigenous movement which flourished in pre-Communist
Bulgaria, is outlawed, government officials claimed that
Dunovists are legal. The Ba'hai faith is outlawed.
The Jewish minority numbers approximately 3,000 people. It
receives some financial support from the Government and
publishes a biweekly paper stressing Communist themes. A
Jewish social, cultural, and educational organization exists,
but it is atheistic and political in orientation. Visits
between the Bulgarian Jewish community and Israeli Jews of
Bulgarian origin are frequent, although subject to government
control. The cantor of Sofia's synagogue went to New York in
1988 and 1989 for cantorial training. No kosher meat is
available, but Jews are permitted to bake and distribute
matzoh without hindrance.
Ethnic Turks (approximately 1 million) comprise the majority
of Bulgaria's Muslims, the remainder being Slavic Pomaks
(about 200,000) and Gypsies. On December 29, the Government
announced that it condemned the actions taken since 1984 to
assimilate the minority and pledged to take measures to ensure
that true freedom of faith, voluntary choice of name, and the
right to speak languages other than Bulgarian in everyday
communications would be guaranteed. There has been some
popular opposition to this announcement, and some local
officials reportedly have refused to comply. The effects of
this assimilation policy were far-reaching: most mosques were
closed, and many were used for storerooms or nursery schools.
Those that remained open usually operated only for Friday noon
prayers rather than the mandatory five times a day. Chief
Mufti Nedyo Gendzhev, elected in November 1988, reportedly
instructed local imams to keep people under 60 years of age
out of those mosques that remain functioning.
As part of the Government's campaign to eradicate the cultural
identity of the Turkish community, many Muslim rites were
forbidden. Muslim wedding ceremonies were not permitted, and
Turkish weddings could not take place in the streets, as is
the tradition; they had to be conducted in closed halls, and
the singing and playing of Turkish songs was forbidden. Many
Muslim cemeteries were destroyed or defiled, and separate
Muslim cemeteries were reportedly abolished. Muslim funerals
were generally not permitted, although there were credible
reports that Muslim funerals, or at least burials in
non-Christian places, were again permitted beginning in
September. Sermons had to be delivered in Bulgarian, and the
Chief Mufti's office records had to be kept in Bulgarian.
Public use of the Turkish language was forbidden, as was the
wearing of traditional forms of dress. Violators were subject
to substantial fines. Circumcision, which some newspaper
articles have derided as "unhygienic," is hypothetically
permitted only in hospitals, without the religious ceremony
which accompanies it. In practice, it was forbidden.
In defense of its treatment of the Muslim minority, the
Government prominently publicized the amount of money spent to
restore Shumen ' s Tombul mosques, and there were claims that
three more mosques are to be restored and two new ones built.
After years of refusing permission, the Government allowed six
Bulgarian students studying at the Higher Islamic Institute in
Tashkent to make the hajj in 1988. Five Bulgarians made the
hajj in 1989; one, the Imam of Kurdzhali, later sought asylum
in the Turkish Consulate in Jeddah. A school for imams has
operated in Sofia since 1986, although its 6-month course
includes heavy political content. Copies of the Koran cannot
be found in Bulgarian bookstores. In February the Chief Mufti
claimed work was in progress on a third Bulgarian translation
of the Koran, but by year's end there was no indication when,
or if, it would be published.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government controls where people live, work, and travel.
Citizens are required at all times to carry with them personal
identity cards stating their legal place of residence and
work. Without this card they cannot register at a hotel,
purchase domestic airline tickets, or seek any kind of social
service such as medical assistance. Changing one's place of
residence or work is a complicated process unless it is at the
Government's initiative or convenience. Moves to Sofia and
other major cities from smaller settlements are especially
difficult, and in some cases prohibited, because of the
authorities' desire to control urban growth. This concern
gave rise to the practice of "zhitelstvo, " or the right of
residency. A newspaper article in 1989 criticized existing
restrictions, and quoted an advisor to the Council of
Ministers as saying that limitations on residence "run counter
to the legally established human rights and to the
Constitution.
"
Bulgarians may travel within the country without restriction
except in border zones, which are heavily patrolled by armed
guards where the country adjoins Greece and Turkey. In August
1988, the Government announced a 75-percent reduction in the
permanently restricted area, encompassing regions closed to
foreigners. Although some of the newly opened areas included
those with large ethnic Turkish populations, a significant
area along the Turkish and Greek borders remains closed.
During and subsequent to the demonstrations in May, diplomatic
travellers were turned away from areas clearly within the
unrestricted zone.
A Bulgarian citizen needs both a passport for external travel
and an exit visa specifying the destination for each trip. In
May the National Assembly passed the long-promised passport
law mandating the issuance of 5-year passports for all
citizens. Although according to the law passport applications
may be refused only in specific circumstances, these include
"the protection of national security," which is susceptible to
broad interpretation. Since November, many dissidents and
members of independent groups have been given passports and
permission to travel. At year's end, however, many Pomaks had
still not been issued the passports they had requested.
Exit visas, which under Zhivkov's rule were still required for
all non-Communist countries, could also be refused for a
variety of reasons. According to other legal changes,
Bulgarians who traveled abroad and did not return by the time
specified were no longer subject to criminal penalties and
possible imprisonment but only to administrative measures and
fines ($210 for overstaying 1 month and upwards) . Those who
overstayed abroad prior to September 1, 1989, were not subject
to the fines or criminal penalties.
The Government also substantially reduced the number of
unsettled divided family cases involving the United States and
Western Europe. Thousands of divided family cases remain
between Bulgaria and Turkey, however. This already severe
problem was exacerbated in 1989 when the Government decided
selectively to apply the new passport law before it went into
effect officially on September 1. Between June and August,
more than 310,000 Bulgarian Turks crossed the border into
Turkey. In most of these cases, however, family members were
left behind--persons required for the harvest, young men of
military age, or others kept behind for arbitrary reasons.
In theory, all Bulgarians now have the right to leave their
country and to return. Changes in the citizenship law passed
in May ensured that a Bulgarian could only be stripped of his
citizenship while abroad, and then only for committing "a
severe crime" against Bulgaria. The law now allows dual
citizenship as well.
Those who return to Bulgaria are said to retain all their
rights. Some reports, however, indicated that returning
ethnic Turks may not return to their home villages but are
resettled and dispersed throughout the country.
It is Bulgarian policy to return to their home countries
potential refugees from other Warsaw Pact states who try to
cross the Bulgarian border into Turkey, Yugoslavia, or
Greece. A Romanian who sought political asylum from the U.S.
Embassy in Sofia and who was then caught trying to cross the
Bulgarian border to Yugoslavia was forcibly returned to
Romania, where he faced imprisonment. In September 1988, 13
Magyar Romanians sought refuge in the Hungarian Embassy in
Sofia; that situation was resolved in February 1989 when they
were permitted, through the auspices of the International Red
Cross, to leave Bulgaria for a third country, from which they
then traveled to Hungary.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In December the BCP proposed that the guarantee of its leading
role in the State be removed from the Constitution. The
National Assembly voted in support of this change and will
take the formal vote to amend the Constitution in January
1990. The Assembly also called for a new election law leading
to "free, democratic elections" by May 1990. Meanwhile, the
BCP leadership effectively governs Bulgaria, although the
National Assembly has begun to exert some influence.
Political pluralism and free participation in the political
process did not exist under Zhivkov's regime. In November
1988, two Bulgarians, Stefan Cholakov and Rumen Tsankov-
Dimitrov, founded the Party of the Green Masses, a social
democratic organization. They applied for registration and
legalization; Cholakov was detained on January 6, 1989, and
Tsankov-Dimitrov on December 26, 1988. Both men were held
without charges for 2 months. In an announcement on April 2,
the two founders noted that up to that time they had received
no answer" other than our detention." Both subsequently left
Bulgaria.
The former regime pretended to a form of pluralism through the
participation of a second political party, the Bulgarian
National Agrarian Union, in the Government and National
Assembly. However, the Agrarian Union professed no
differences of view with the BCP on any issue. Since
November, there has been a change in the leadership of the
Agrarian Union, and some members of the Union have called for
it to assume a more independent position. Still, Agrarian
Union officials have not strayed far from the BCP on any
issues yet. The Communist and Agrarian Parties, together with
labor, youth, and other groups, comprise a mass organization
known as the Fatherland Front, which is wholly controlled by
the BCP. The Fatherland Front has been the only organization
permitted to present candidates for election. Following
constitutional changes in 1987, so-called multicandidate
elections were held on the local level in February 1988. Less
than 20 percent of these elections involved more than one
candidate; all candidates were prescreened by election
commissions and all supported the BCP. There have been no
elections since that time.
Through most of 1989, the National Assembly functioned as a
rubber stamp, approving party policies and proposals. A
newspaper article in July criticized the legislative body for
its invariable unanimity. While the Assembly, since November,
has begun to assert its right to function as a genuine
legislature, it has not so far opposed any measure proposed by
the new leadership. It took the initiative, however, to call
for an investigation into the October 20 police action against
members of Eco-glasnost.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Under Zhivkov's regime, the Government dismissed any criticism
of its human rights record as part of an "anti-Bulgarian
campaign" and/or interference in its internal affairs.
Bulgaria signed the Vienna Concluding Document of the
Conference on Security and Cooperation in Europe but did not
change its traditional response to charges of human rights
abuses. Bulgarian officials noted that, although they were
obliged to respond to requests for information, no specific
time period was spelled out. In some individual cases,
however, in which Western government or private groups have
pressed for a response, the Government has provided
information. The Government responded to a March U.S.
demarche on Iliya Minev, chairman of the Independent Society,
who was then on a hunger strike. Western publicity and
criticism on the eve of the London Information Forum led to
the release in April of Nikolai Ganchev Kolev, who had been
sent into internal exile. Authorities did not respond to an
August demarche on Dr. Trenchev and the other five activists
detained along with him. The six detainees were released on
September 4, presumably in response to intense outside
interest. The new leadership has repeatedly emphasized its
determination to bring Bulgarian law and practice into line
with its commitments to the Conference on Security and
Cooperation in Europe and has taken some initial steps in this
direction.
In March a Bulgarian official unsuccessfully tried to prevent
condemnation by the Organization of the Islamic Conference
(OIC) of Bulgaria's treatment of its ethnic Turkish minority.
He reiterated the standard government line that there are no
Turks in Bulgaria and that the QIC's accusations were
interference in Bulgarian internal affairs.
Bulgaria's treatment of its ethnic Turkish minority prompted
many international inquiries in 1989. A Council of Europe
delegation visited Bulgaria in July to analyze the situation.
The United States Congress passed a resolution, also in July,
condemning Bulgaria's "expulsion" of thousands of ethnic
Turks. The North Atlantic Treaty Organization in August
issued a statement critical of Bulgaria's policy. The
Government allowed a visit by a World Health Organization
(WHO) team in August to investigate Turkish allegations of
harmful vaccinations given to Bulgarian ethnic Turkish
emigres. The WHO reported that its commission found that no
injections containing harmful substances had been administered
to the Turkish-speaking population.
In September 1988, AI representatives visited Bulgaria (having
sought permission since 1985) and met with Bulgarian officials
responsible for human rights matters. They also met with
Konstantin Tellalov, chairman of the government-sponsored
Committee for Human Rights. Members of Helsinki Watch visited
Bulgaria in October and spoke to both government officials and
private citizens. Bulgaria is a member of the United Nations
Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution prohibits discrimination based on these
criteria. In recent years, the Government under Zhivkov
denied the existence of any minority ethnic groups and hence
even the possibility of discrimination. Census reports, which
in the early 1960 's noted the existence of significant numbers
of Gypsies, Macedonians, and ethnic Turks, more recently
reported an almost totally homogeneous Bulgarian populace.
The Zhivkov regime admitted the existence of differing
religious groups, such as "Bulgarian Muslims," but rejected
the possibility of any religious intolerance or discrimination
against them. It did not publicly distinguish between those
Muslims who are of ethnic Turkish origin and those who are
ethnically Bulgarian (Pomaks), although credible reports
indicated that the latter are still not being permitted to
emigrate to Turkey.
During Zhivkov's rule, ethnic Turks, comprising at least 10
percent of the population, were subject to severe restrictions
and discrimination in a systematic effort to destroy their
cultural identity (see Section 2.c.)- During the forced
assimilation campaign of 1984-85, all Turks were assigned new
Bulgarian given and family names. Only these names appeared
on their new identity cards, issued from January to March 1985.
Because no adult Bulgarians received new identity cards during
this period, the date of issuance effectively functioned as a
code, signaling to the authorities that its bearer is an ethnic
Turk. Pomak names were "Bulgarianized" in 1974; one Pomak
claimed his name was changed three times: in 1972, 1974, and
1975. Gypsies' names were changed to Bulgarian names in the
1970's.
In the army, Gypsies, ethnic Turks, and soldiers imprisoned
for various crimes, who must complete their military service
after completing their sentences, are reportedly assigned only
to "black" work in labor brigades in the interior of Bulgaria;
they are not allowed to bear arms.
There is pervasive social discrimination against the small
Gypsy population, which generally lives in shantytowns and
occupies the lowest rung of the socioeconomic ladder. There
are no reliable estimates as to their numbers; some officials
have claimed as few as 40,000, and some dissidents have
claimed as many as 1 million.
The Constitution declares that "women and men enjoy equal
rights," and there does not appear to be overt discrimination
as regards educational and professional opportunities. There
is no evidence of systematic violence against women or of
widespread wife beating. According to the Ministry of the
Interior, of the more than 68,000 crimes committed in Bulgaria
in 1988, less than 2 percent were "violent" or "premeditated,"
including murder and rape.
Section 6 Worker rights
a. The Right of Association
The Communist Party organizes and totally controls all trade
unions, which are grouped together in the Central Council of
Bulgarian Trade Unions (CCTU) . The unions' role is to promote
government and party objectives. Workers have not been
permitted to organize outside the official union structure,
nor allowed to strike. In November the CCTU declared that it
was now completely independent of the BCP and the state
organs, and that it would devote itself to promoting the
rights and economic interests of workers.
The country's first independent trade union was founded in
February. Dr. Konstantin Trenchev founded an "independent
association of the scientific-technical, humanitarian, and
creative-artistic intelligentsia in Bulgaria." Called
"Podkrepa" (Support), the union has gathered significant
support, especially in November and December; it now
reportedly has 70,000 members. Although the group has no
official recognition as a trade union, the Bulgarian media
after November reported objectively on its activities.
Podkrepa has engaged in dialog with the official unions on
several occasions.
The CCTU is affiliated with the Communist-controlled World
Federation of Trade Unions.In its 1989 report, the ILO's Committee of Experts again
criticized the monopoly on organizing workers that Bulgarian
law grants to the official unions, as well as the subservience
of the official unions to the BCP. The Committee called on
the Government to indicate measures taken or contemplated
which would recognize the right of workers to organize
independent unions.
b. The Right to Organize and Bargain Collectively
There is no collective bargaining in Bulgaria. A new labor
code, in force since January 1987, and a "restructuring" of
unions in the spring of 1987 were intended to shift the focus
of union decisionmaking from the apex to its base. Despite
the much heralded arrival of "self-management," there is no
indication, thus far, that the role of the official unions has
changed substantially.
Bulgaria has one functioning duty-free zone in Ruse, and plans
to establish three more in the future. Workers in these zones
are subject to the same laws and regulations as other workers
in Bulgaria.
c. Prohibition of Forced or Compulsory Labor
The Constitution declares that "every able-bodied citizen is
obliged to do socially useful work." Those who do not work
may be charged with "vagrancy" or social parasitism; Article
39 of the Statutes of the People's Militia authorizes the
imposition of "administrative measures," such as house arrest,
on "people who lead nomad lives or beg as opposed to doing
social labor." Compulsory labor may be required of prisoners
or those in internal exile. Political detainees in 1989
reported that they had worked in various capacities while in
detention and that those who refused to work were beaten and
given less food. Human rights activist Eduard Genov, interned
in the village of Mikhalkovo prior to being exiled, reportedly
worked in a mine. During Zhivkov's regime, the Government
also abused compulsory military service obligations by
utilizing ethnic Turks, Gypsies, former prisoners, and others
who were not fully trusted in labor brigades.
As a result of the exodus of thousands of ethnic Turks which
caused serious dislocations in the Bulgarian economy, the
Government in July enacted a labor mobilization decree which
authorized the State to send people wherever their labor was
needed. Students were sent to factories to fill the vacancies
left by ethnic Turks, in addition to performing the usual
harvest work assigned them in the late summer and fall.
d. Minimum Wage for Employment of Children
The Labor Code adopted in 1986 stipulated 16 years as the
minimum age for all but certain light work. Persons from 16
to 18 years of age may not be assigned work designated as
heavy, harmful, or dangerous; their workweek is either five
7-hour days or six 6-hour days. These restrictions are
effectively enforced. Seven years of compulsory education for
children begin either at age 6 or 7.
e. Acceptable Conditions of Work
The minimum wage, as of September 1, 1988, was $82 per month
at the official commercial exchange rate. The average monthly
wage is the local currency equivalent of $140 at the
commercial rate of exchange. The minimum wage is not
sufficient for a single wage earner to provide a decent
standard of living for a family. In families with two working
spouses, the average wage provides, at best, a modest standard
of living.
The workweek for adults is 42.5 hours (5 days of 8.5 hours) in
most professions and occupations. The civil mobilization
decree of July 1989, however, provided for compulsory 6-day
workweeks and 9-hour days in many professions. Paid vacations
range from 14 workdays annually for those who have worked less
than 10 years to 18 workdays annually for those who have
worked more than 15 years. Additional paid vacation is
granted those in certain difficult or dangerous occupations.
Bulgarian practice appears generally to conform to these
guidelines, although participation in unpaid supplementary
"brigades" can lengthen working hours on various occasions
during the year.
Bulgaria has a national labor safety program, and the official
trade unions are assigned a role in promoting job safety.
Standards of enforcement vary greatly, however, and questions
of worker health and safety are not satisfactorily resolved
