Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Bulgaria (Ratificación : 1960)

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.