 |
| Site Admin |
 |
Joined: 12 Feb 2003 05:49 Posts: 8054 Location: Toronto
|
Excerpts:As for Macedonians, it is still necessary to institute dialogue between their representatives and the Bulgarian authorities in order to solve the problems facing members of this group.
14. In a judgment handed down by the European Court of Human Rights following an application lodged by the United Macedonian Organisation Ilinden12 on the grounds that the Bulgarian courts had refused to register it, the Court stated that this refusal was disproportionate to the objectives pursued,13 and accordingly held that there had been a violation of Article 11 of the European Convention on Human Rights.14 ECRI notes in this regard that this group has still not been registered.
15. In the above-mentioned judgement, the Court also stated that, while in the context of Article 11 it had often referred to the essential role played by political parties in ensuring pluralism and democracy, associations formed for other purposes, including those seeking an ethnic identity, were also important to the proper functioning of democracy. It considered that pluralism was also built on the genuine recognition of, and respect for, diversity and the dynamics of, inter alia, cultural traditions, ethnic and cultural identities and religious beliefs.15
16. ECRI recommends that the Bulgarian authorities ensure that the principle of freedom of association, as provided for in Article 11 of the European Convention on Human Rights, is respected without any discrimination and that it is applied in accordance with the relevant case law of the European Court of Human Rights.
12 See The United Macedonian Organisation Ilinden and others v. Bulgaria, Application No. 59491/00, 19 January 2006.
13 Ibid, para 82.
14 For further information about the Court's judgments concerning this organisation, see also Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, Applications Nos. 29221/95 and 29225/95, ECHR 2001-IX, and The United Macedonian Organisation Ilinden and Ivanov v. Bulgaria, Application No. 44079/98, 20 October 2005.
15 See United Macedonian Organisation Ilinden and others v. Bulgaria, Application No. 59491/00, 19 January 2006, para 58.
Macedonians
95. In its third report, ECRI recommended that the Bulgarian authorities closely monitor allegations of discrimination and acts of intolerance against Macedonians and, if necessary, take steps to punish such acts. It also urged them to establish a dialogue with the representatives of the Macedonians to find a solution to tension that exists between this group and the authorities, but also between this group and the majority population, so as to enable them to live together and respect one another in the interests of all concerned.
96. ECRI is concerned by reports of hostility towards Macedonians in the media and by the fact that few measures have been taken to respond to complaints by Macedonians in this respect or to bring the media to account. ECRI also notes that Macedonians have again expressed the desire to see the Bulgarian Government afford this group greater recognition as a national minority.
97. ECRI recommends that the Bulgarian authorities establish a dialogue with the Macedonian representatives in order to find a solution to the issues affecting members of this group. It also recommends that they take steps to bring the media to account as concerns information disseminated about Macedonians and ensure that the legislation is enforced when necessary.
The Bulgarian Government's "Observations" are included in the report:
Fifth paragraph of the Executive Summary: - third sentence (and any subsequent similar sentences further in the report): A policy specifically designed to prevent Roma children being placed unnecessarily in establishments for children with disabilities has been introduced several years ago and is being successfully implemented ever since. Obviously, this policy will be continued.
- last sentence (and subsequent similar sentences further in the report): Bulgarian citizens, who identify themselves as Macedonians, enjoy fully and effectively all the rights and freedoms guaranteed to all Bulgarian citizens. These individuals do not face any problems which could be seen as specific only to them.
With respect to paragraphs 95 - 97 of the Report: Ethnic identity in Bulgaria is a matter of free personal choice. Furthermore, Article 6 (2) of the Constitution of Bulgaria stipulates that “There shall be no privileges or restrictions of rights on the grounds of race, nationality, ethnic selfidentity, sex, origin, religion, education, opinion, political affiliation, personal or social status or property status”.
The existence of Bulgarian citizens, who identify themselves as Macedonians, has been duly reflected in the official results of the 2001 national census – a total of 5,071 individuals as at 1 March 2001. This obvious fact does not require any further special act of acknowledgement by the Bulgarian state.
As confirmed by the Constitutional Court of Bulgaria (ref.: Judgements № 4 of 21 April 1992; № 2 of 8 February 1998) the Constitution of the Republic of Bulgaria expressly recognises the existence of ethnic, religious and linguistic diversity in the country. However, Bulgarian law does not utilize the term “national minority”, neither does a definition of this term exist in international law. Consequently, while the Bulgarian state recognises the existence of ethnic, religious and linguistic diversity in the country, including persons who identify themselves as Macedonians, it could not afford “greater recognition” to anyone specifically as a “national” minority.
It should also be reiterated that those 5,071 individuals enjoy fully and effectively all the rights and freedoms guaranteed to all Bulgarian citizens. ----------------------------------------------------------------------------------------------------------- Macedonians never will be allowed to register their political organization in Bulgaria and fight for their rights, even if this ongoing refusal violates the principle of freedom of association. The committment of Europeans to human rights is simply too weak. Europeans are all talk and no walk when it comes to basic human rights. Mark my words, ten, twenty, thirty years from now we'll still be talking about the how the European Court of Human Rights' decisions are not implemented and how racist societies continue to flourish while minorities continue to be persectuted. Such is the European Racist Shithole in the 21st century. Obviously the legal apparatus of the EU and CoE are not sufficient to obtain basic rights for minorities in Europe.
|
|