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| По време на дебатите по приемането на България в Съвета на Европа - 5 май 1992г. |
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| Председателстване на сесия на ПАСЕ |
Opinion 161 (1992)
Application by the Republic of Bulgaria for membership of the Council of Europe
Author(s): Parliamentary AssemblyOrigin - Assembly debate on 5 May 1992 (2nd Sitting) (seeDoc. 6591, report of the Political Affairs Committee, Rapporteur : Mr Martínez ;Doc. 6598, opinion of the Committee on Legal Affairs and Human Rights, Rapporteur : Mr Columberg ; and Doc. 6597Doc. 6597, opinion of the Committee on Relations with Non-Member Countries, Rapporteur : Mr Rathbone).
Text adopted by the Assembly on 5 May 1992 (2nd Sitting).
1. The Assembly has received from the
Committee of Ministers a request for an opinion on the accession of
Bulgaria to the Council of Europe (Doc.
6396), in pursuance of Statutory Resolution (51) 30 A adopted by
the Committee of Ministers on 3 May 1951.
2. It observes that democratic
parliamentary elections held by universal, free and secret ballot
were monitored by an ad hoc committee of the Assembly on 13 October
1991, when local elections, pronounced satisfactory by another
Council of Europe delegation, were also held.
3. The Assembly welcomes the European
commitment expressed before the Assembly by President Zhelev on 31
January 1991.
4. The Assembly appreciates the
contribution made by Bulgaria to the work of the Council of Europe,
both at parliamentary level since being granted special guest status
on 3 July 1990, and at intergovernmental level since acceding to
several European conventions, including the European Cultural
Convention, signed on 2 September 1991.
5. It attaches great importance to the
commitment expressed by the Bulgarian authorities to sign and ratify
in 1992 the European Convention on Human Rights and also to recognise
the right of individual application to the European Commission of
Human Rights (Article 25 of the Convention) as well as the compulsory
jurisdiction of the European Court of Human Rights (Article 46).
6. The Assembly considers that the
Republic of Bulgaria is able and willing :
6.1. to fulfil the provisions of
Article 3 of the Statute, which stipulates that ‘‘every member of
the Council of Europe must accept the principles of the rule of law
and of the enjoyment by all persons within its jurisdiction of human
rights and fundamental freedoms'' ;
6.2. to collaborate sincerely and
effectively in the realisation of the aim of the Council of Europe as
specified in Chapter I of the Statute of the Council of Europe
thereby fulfilling the conditions for accession to the Council of
Europe as laid down in Article 4 of the Statute.
7. The Assembly therefore recommends
that the Committee of Ministers, at its next meeting :
7.1. invite the Republic of Bulgaria to
become a member of the Council of Europe ;
7.2. allocate six seats to Bulgaria in
the Parliamentary Assembly.
1 April 1992
Doc. 6591
on the application of the Republic of Bulgaria
for membership of the Council of Europe
(Rapporteur: Mr MARTINEZ, Spain, Socialist) 1
SUMMARY
The report
examines political and institutional developments, resulting in
particular from the Bulgarian people's verdict of 13 October 1991,
from which a centre-right majority emerged for the first time since
the 2nd World War, in elections pronounced free and fair by an
all-party committee of parliamentary observers.
Special
attention is given to the system of guarantees for human and minority
rights by the report, which concludes that Bulgaria, a quarter of
whose population of 9 million consists of ethnic and religious
(predominantly Moslem) minorities, not only satisfies the conditions
for Council of Europe membership, but has a vital role to play in
bringing stability to the Balkan region.
I. DRAFT OPINION
1. The Assembly
has received from the Committee of Ministers a request for an opinion
on the accession of Bulgaria to the Council of Europe (Doc.
6396), in pursuance of Statutory Resolution (51) 30 A adopted by
the Committee of Ministers on 3 May 1951.
2. It observes
that democratic parliamentary elections held by universal, free and
secret ballot were monitored by an ad hoc committee of the Assembly
on 13 October 1991, when local elections, pronounced satisfactory by
another Council of Europe delegation, were also held.
3. The Assembly
welcomes the European commitment expressed before the Assembly by
President Zhelev on 31 January 1991.
4. The Assembly
appreciates the contribution made by Bulgaria to the work of the
Council of Europe, both at parliamentary level since being granted
special guest status on 3 July 1990, and at intergovernmental level
since acceding to several European conventions, including the
European Cultural Convention, signed on 2 September 1991.
5. It attaches
great importance to the commitment expressed by the Bulgarian
authorities to sign and ratify in 1992 the European Convention on
Human Rights and also to recognize the right of individual
application to the European Commission of Human Rights (Article 25 of
the Convention) as well as the compulsory jurisdiction of the
European Court of Human Rights (Article 46).
6. The Assembly
considers that the Republic of Bulgaria is able and willing:
i. to fulfil the
provisions of Article 3 of the Statute, which stipulates that "every
member of the Council of Europe must accept the principles of the
rule of law and of the enjoyment by all persons within its
jurisdiction of human rights and fundamental freedoms";
ii. to
collaborate sincerely and effectively in the realisation of the aim
of the Council of Europe as specified in Chapter I of the Statute of
the Council of Europe thereby fulfilling the conditions for accession
to the Council of Europe as laid down in Article 4 of the Statute.
7. The Assembly
therefore recommends that the Committee of Ministers, at its next
meeting:
i. invite the
Republic of Bulgaria to become a member of the Council
of Europe;
ii. allocate six
seats to Bulgaria in the Parliamentary Assembly.
II. EXPLANATORY MEMORANDUM
by Mr Martinez, in cooperation with
MM Columberg and Rathbone
C O N T E N T S
Paragraphs
Introduction 1 -
2
I.
BACKGROUND 3 - 7
II. THE
INSTITUTIONS OF THE YOUNG DEMOCRACY
8 - 15
III. THE HUMAN
AND MINORITY RIGHTS AND THE RULE OF LAW
a. Freedom of
(bi-cultural) expression 16 - 18
b. The judiciary
and prison system 19 - 22
IV. BULGARIA AND
EUROPE 23 - 26
APPENDIX: Programme of the rapporteurs' visit
Introduction
1. Our joint
rapporteurs' fact-finding visit was greatly facilitated by the
Bulgarian National Assembly's all-party special guest delegation, and
its Secretariat, and by our ambassadors, of which those of
Switzerland, Ambassador Harald Borner, and of Spain, Ambassador
Joaquin Perez Gomez, continued the excellent tradition of support for
the Assembly's activities in non-member countries, among others by
the member country holding the Chairmanship of the Committee of
Ministers. Our warm thanks are due to Special guests and ambassadors
alike.
2. Our programme
(see Appendix) included talks with leading personalities in the
executive, legislative and judiciary, as well as with eminent
representatives of two important categories for a survey of the human
rights situation, namely newspaper editors and the prison service.
I. BACKGROUND
3. If, as has
been said, Bulgaria has tended to be forgotten by Europe, this is
because, during the cold-war era, rightly or wrongly, she presented
the image of an uniquely willing Soviet satellite, to the extent that
the possibility of full accession to the now defunct Union was
discussed. The Russians had after all twice come as liberators,
rather than oppressors: in 1878 after five centuries of Ottoman rule,
and in 1944 to expel the Nazis, even if murderous "communisation"
took place in the early post-war years. Later the respective leaders,
Brezhnev and Zhivkov, gave the impression of enjoying a prolonged, if
geriatric honeymoon, even if accompanied by the usual, and fateful,
establishment of massive economic dependence of Bulgaria on the
Soviet Union, also for energy supplies.
4. After being
long ignored, Bulgaria came most unfavourably to the notice of our
Assembly in 1985 (in the months following Mikhail Gorbachev's
assumption of leadership in Moscow) in connection with a crude
campaign of Bulgarisation directed mainly against the country's
ethnic Turkish minority. Thus
Resolution 846, adopted following debate on 26 September 1985 of
a report by the Committee on Relations with European Non-Member
Countries, called upon the then "People's Republic of Bulgaria
to put an end to the violation of the social, cultural and religious
rights of the minorities in question". It is likely that the
Zhivhov regime, disconcerted by the "new thinking" in
Moscow, was perversely seeking popularity with the Slav majority by
this campaign of blatant repression.
5. Throughout
the cold-war period "dissidence" was minimal in Bulgaria,
although today's Speaker of the National Assembly, Stefan Savov - who
received our delegation - was one of the brave representatives of an
intelligentsia who suffered prison while many others were simply
murdered during communisation.
(The historical background is comprehensively dealt
with in Mr Rathbone's supplementary report).
6. Later
Bulgaria obliged the world and European organisations in particular
to take highly positive note of her achievement in conducting,
observed by ad hoc observation delegations of our Assembly, free and
fair elections to a constituent Assembly on 10 and 17 June 1990 (see
Doc.
6279 Addendum) and to the National Assembly on 13 October 1991
(see Doc.
6543 Addendum). All three rapporteurs were involved in the
observation of one or the other election.
7. The last
elections indeed marked the loss of power by the (ex-Communist)
Socialist party and allies after 45 years, and was later (January of
this year) confirmed by the election, for the first time by direct
universal suffrage, of President Zhelyo Zhelev. In all cases there
was an impressively high, as well as peaceful, participation in the
vote - some 80 % - a figure whose attainment would be a rare event in
our member countries. Special guest status with our Assembly was
granted to the Bulgarian Assembly in July 1990.
II. THE
INSTITUTIONS OF THE YOUNG DEMOCRACY
8. The October
1991 elections brought about a peaceful transfer of power (without so
much as a "velvet" revolution) to the Union of Democratic
Forces (UDF), a coalition of Centre-Right parties (with 110 seats)
from the Socialist coalition (with 106 seats). Since the UDF is short
of an overall majority, an informal alliance exists with the Movement
for Rights and Freedoms (with 24 seats), a predominantly, but not
exclusively, Muslim and ethnic Turkish party, including also some
Slav muslims and non-muslims, including gypsies.
9. The new,
youthful and necessarily inexperienced government is only some
four months into its four-year term of office, and it was very
noticeable and not unnatural to our delegation that relations between
the majority and opposition are at present strongly confrontational,
a situation which also has its counterpart in some of our member
countries. Relations are particularly strained between the Socialist
party and MRF since each is seeking to outlaw the other. 53 members
of the Socialist party have introduced a petition to have the MRF
declared unconstitutional, whereas the latter is backing draft
anti-Socialist party legislation in parliament.
10. It is true
that the constitution (analysed by Mr Columberg in his opinion), in
Article 11.4, does not accept parties constitued on ethnic or
religious criteria. Such a principle - which is not accepted in the
majority of our countries - might have some justification as a
safeguard against fanaticism, but it should be interpreted with
flexibility, and certainly not at the expense of a reasonable party,
committed to the protection of minorities. This matter is currently
being considered by the Constitutional Court, whose President
Assen Manov received us. The Supreme Court had considered that the
MRF could participate in the October 1991 elections on the grounds
that it had been admitted to the 1990 elections. We gained the
impression that the Constitutional Court would deliver its verdict in
good time, but without undue haste. Your rapporteur was also
contacted by the member of the Court responsible for drafting its
ruling.
11. Our
delegation, without in any way wishing to interfere with a matter
that is sub judice, warned our Socialist 'Special guest'
friends of the danger of seeking to exclude and isolate a national
minority, which the sovereign people, in its wisdom, had voted to be
represented in its governing institutions.
12. The MRF, for
its part, retaliated by contesting the Socialists' right to exist,
and the UDF have drafted, and are threatening to introduce,
legislation aimed at "decommunisation" by banning former
communist holders of any paid office, which amounts to huge sectors
of the population, from the civil service and certain key economic
sectors, already the case for banking, for 5 years. Here again we
warned our special guest friends that ex-Communists, too, had a
"right to change" (or to conversion) which means that the
organs of the Strasbourg Human Rights Convention - which all parties
declare their readiness to accede to on joining our organisation -
would rule against collective punishments of the sort envisaged.
13. Time will no
doubt be needed for a political "middle-ground" to be
established, allowing consensus to replace confrontation. There
would, however, appear to be some urgency in view of the risk of
continued economic deterioration, characterised by high unemployment
and debt repayment, and falling productivity.
14. Our UDF
interlocutors insist that priority has indeed been given to economic
legislation (pointing to the foreign investment and banking and
credit laws). The next priority are the laws, of which 3 are already
adopted, on restitution of land and property to its pre-Communist
owners, as being the most effective approach to privatisation,
indispensable for a true change in the system. Only third priority is
given to introducting laws aimed at promoting "fairness"
which include declaring the sentences of the post-war "People's
courts" as nul and void. Also in this category fall the various
"decommunisation" drafts. The opposition, for its part,
accuse the government of giving first priority in reality to measures
of "reprisal", including "rehabilitation of fascists"
judged by the former People's courts, rather than to the necessary
structural improvement of the economy, which continues to deteriorate
bringing hardship to large sectors of the population, fearful of
change. They point out that the local elections on 13 October 1991
produced a majority of Socialist mayors in the countryside.
15. It is true
that the Constitution (see Mr Columberg's supplementary report) gives
mainly ceremonial powers to the President. Equally important,
however, is the political and moral legitimacy deriving from Zhelyo
Zhelev's (like his Vice-President, the poetess Blaga Dimitrova's)
direct election by the people. This cannot but strengthen their hand
in their ongoing dialogue with the government, party leaders and
foreign heads of state.
III. HUMAN
AND MINORITY RIGHTS AND THE RULE OF LAW
A. Freedom of
(bi-cultural) expression
16. The three
editors-in-chief we spoke to were as pluralistic - and as strongly
partisan - as the political parties to which they are closely linked:
Mr Kapsazov, recently appointed to edit Rights and Freedoms,
which publishes both a Bulgarian and a Turkish-language edition; Mr
Mutafov, the even more newly-appointed (one month ago) editor of the
still embryonic Democracy (an official organ of the UFD), and
Mr Stefan Prodev, the veteran editor of the former Communist party
organ, and now of the Socialist paper, Duma.
17. During our
exchange of views with a group of MRF representatives, led by our
special guest, Younal Lutfi, we learnt that the Movement feels that a
start has been made with the reversal of the crude "bulgarisation"
(including compulsory change of family names) of the mid-80s.
Moreover, today there is no problem with religious freedom (Mosques
are strongly in evidence as an element in Sofia's multicultural
heritage). But much, we were told, remains to be done in the field of
Turkish-language teaching and access to the state media. (No
privatisation has yet taken place in this area). It was striking how
high a proportion of TV and radio broadcasts are devoted to
parliamentary debates, a notable contribution to democratic
transparency and political education.
18. It was
hardly surprising that Duma , as the inheritor of the
infrastructures and professional expertise (including distribution
networks) of the former single-party regime, still has by far the
highest number of subscribers, at about 300,000, although this is
only one-third of the 1990 figure, "because of price rises",
we were told. In a confrontational political atmosphere, the editor's
belief that "press freedom is in danger", comes as no
surprise. He handed our delegation a letter, similar to one recently
addressed to President Mitterrand and others, in which he refers to
alleged government plans for "confiscate the property of public
organisations considered to have been part of the old system".
Such plans "if applied, would lead to the ridiculous situation
where the government would become the publisher of the main
opposition daily". Such intentions are denied by the government,
for example by Prime Minister Dimitrov in a letter to the London
Times of 19 March, which also contains a letter from Mr
Rathbone on the same subject.
b. The
judiciary and prison system
19. The
Bulgarian constitution (see Mr Columberg's report) guarantees the
separation of powers and the independence of the judiciary. For
obvious reasons, however, and for a transitional period, members of
the judiciary will continue to be those educated to a different
system, which does not mean that they should be denied the "basic
human right to change".
20. To meet the
special concerns of the Committee on Legal Affairs and Human Rights,
our delegation visited the Sofia Central prison, including the wing
reserved for frequent offenders, and those whose death sentences have
been, for the time being, suspended. Our delegation was accompanied
and briefed, not only by the Prison's Director, Mr Harizanov, but by
the Deputy Justice Minister, Mrs Koutzkova, and Mr Traikov, Director
of the Ministry's Penitentiary Service.
21. We found
conditions comparable to those in several of our member countries,
and a vigorously reformist attitude. This has already been actively
supported by the Council of Europe's Demosthenes Programme, which, in
May 1991, organised a European Expert Seminar in Sofia, and
subsequently arranged study visits for Bulgarian prison officers in
member countries (Austria, Denmark and the United Kingdom).
22. The
delegation found no reason, in the prison system or elsewhere, to
doubt that Bulgaria "accepts the principles of the rule of law
and of the enjoyment by all persons within its jurisdinction of human
rights and fundamental freedoms" (Article 3 of the Statute of
the Council of Europe).
IV. BULGARIA
AND EUROPE
23. Article 3 of
our Statute also provides that every member must "collaborate
sincerely and effectively" in the realisation of the aims of our
organisation. It was highly positive, in this connection, to learn
from the Minister for Foreign Affairs, Stoyan Ganev (on behalf of
Prime Minister Dimitrov, absent on a 10-day visit to the United
States) that, in spite of economic difficulties, his country has
every intention, once a member, of installing an Ambassador in
Strasbourg, so that he can act in the full sense as his country's
Permanent Representative.
24. This
assurance supplements the politically more significant assurance from
all political groups not only in favour of membership, but of, as far
as possible, simultaneous accession to, and rapid ratification of,
the European Convention on Human Rights, including the optional
declarations under Article 25 (individual petition) and Article 46
(compulsory jurisdiction of the Court), and to the Social Charter.
Also of great importance both for our organisation and for Bulgaria
would be the latter's full participation, with its highly relevant
experience, in our intense ongoing work on national minorities,
whether this finally takes the form of a separate Convention or an
additional protocol to the Human Rights Convention. We can be most
encouraged by the participation of the Bulgarian special guests since
the status was granted in July 1990, and by the government's
accession on 2 September 1991 to the European Cultural Convention,
which is no doubt the most important which non-member countries may
join.
25. The current
political controversy concerning the constitutionality of the
Movements for Rights and Freedoms must not disguise Bulgaria's truly
pioneering efforts in favour of multi-culturalism, of obvious special
application in the Balkans, where Bulgaria must be placed in a
position not only to constitute an almost miraculous "oasis of
peace", but an active factor of stability in the region.
26. As far as
Bulgaria's representation in the Parliamentary Assembly is concerned,
her population of 9 million, being more closely comparable to that of
Sweden (8.5 million) than any other member state, prompts the
delegation to propose six seats, like for Sweden.
APPENDIX
PROGRAMME OF THE VISIT OF THE RAPPORTEURS IN
SOFIA
FRIDAY 6 MARCH 1992
Dinner hosted by
the Spanish Ambassador,
H.E. Mr Joaquin
PEREZ GOMEZ
SATURDAY 7 MARCH 1992
Morning Talks
with
- Mr Alexander
YORDANOV and members of the Parliamentary Foreign Affairs Committee
- Members of the
Parliamentary group of the Union of
Democratic Forces (UDF)
- Members of the
Parliamentary group of the Coalition
of the Bulgarian Socialist party
- Members of the
Parliamentary group of the Movement
for Rights and Freedoms (MRF)
Lunch hosted by
Mr Stefan SAVOV, Speaker of the
National Assembly
Afernoon Talks
with
- Mr Assen
MANOV, President of the Constitutional Court
- Mr Stoyan
GANEV, Minister for Foreign Affairs
- Mrs KOUTZKOVA,
Deputy Minister of Justice,
- Mr TRAIKOV,
Head of penitentiary service, and
- Mr HARIZANOV,
Director of Sofia Central prison
Dinner hosted by
the Ambassador of Switzerland,
H.E. Mr Harald
BORNER
SUNDAY 8 MARCH
Dinner hosted by
Bulgarian Assembly's special guest
delegation to the Parliamentary Assembly
MONDAY 9 MARCH 1992
Morning Talks
with
- Mr Sliven
KAPSAZOV, Editor-in-Chief of
Rights and
Freedoms
- Mr Entcho
MUTAFOV, Editor-in-Chief of Democracy
- Mr Stefan
PRODEV, Editor-in-Chief of DUMA
Audition with Mr
Zhelyo ZHELEV, President of the
Republic
Press conference
TUESDAY 10 MARCH 1992
(Completion of
Mr Rathbone's programme)
Reporting committee: Political Affairs
Committee.
Committees for opinion: Committee on Legal
Affairs and Human Rights and Committee on Relations with European
Non-Member Countries.
Budgetary implications for the Assembly:
None.
Reference to committee: Doc.
6396 and Reference No. 1724 of 11 March 1991.
Draft opinion: Adopted by the committee with
18 votes in favour, none against and one abstention on 26 March 1992.
Members of the committee: MM Reddemann
(Chairman), Martinez, Sir Dudley Smith (Vice-Chairmen), MM
Alvares Cascos, Antretter, Mrs Baarveld-Schlaman,
MM Baumel, Björn Bjarnason, Caro, Cem, Cismozewicz,
Espersen, Fioret, Fiorini, Flückiger, Gabbuggiani, Ghalanos, Guizzi,
Mrs Halonen, MM Hardy, Hellström (Alternate:
Stig Gustafsson), Hyland, Irmer, Kelchtermans,
König, Mrs Lentz-Cornette, MM van der Linden,
Machete, Martins, Mimaroglu (Alternate: Güner), Miville,
Oehry, Pangalos, Papadogonas, Portelli, Schieder,
Sebej, Seeuws, Simko, Mrs Suchocka, MM Szent-Ivanyi, Tarschys,
Ternak, Thoresen, Ward.
NB. The names
of those members who took part in the vote are underlined.
Secretaries of the committee: MM Massie and
Kleijssen.
1
1 In co-operation with
Mr Dumeni Columberg (Switzerland, Christian Democrat), Rapporteur for
opinion of the Committee on Legal Affairs and Human Rights, and Mr
Tim Rathbone (United Kingdom, Conservative), Rapporteur for opinion
of the Committee on Relations with European Non-Member Countries.
16 April 1992
Doc. 6598
Doc. 6598
on the application of the Republic of Bulgaria
for membership of the Council of Europe 1
(Rapporteur: Mr COLUMBERG, Switzerland, Christian
Democrat)
1.
Introduction
The wave of
radical change in Central and Eastern Europe also affected Bulgaria.
Within a short time a break was made with the past and links with the
totalitarian régime were loosened. However, economic reform is a
more difficult, more painful process which takes far longer to
achieve than political change.
While the change
of régime in Czechoslovakia was called the Velvet Revolution,
Bulgaria can be said to have experienced a peaceful revolution, the
democratic process having been initiated "from the top down"
when the Bulgarian Communist Party (BCP) legalised political parties.
As in the
neighbouring countries, the first movements towards fundamental
reform began with the Gorbachev doctrine of glasnost and perestroika.
In Bulgaria itself the first tangible signs of reform appeared at the
Party Congress of 10 November 1989, when Todor Zhivkov was
ousted in a Politburo putsch led by Petar Mladenov and Dobri Djourov.
Legitimate aspirations to freedom, democracy and the rule of law
eventually led to the collapse of the Communist Party. The nature of
the process by which the old régime was overthrown meant that
specific problems also arose when change ensued.
1.1 The great
change
On 10 November
1989, President Todor Zhivkov was removed from power. At its XVth
Congress in March 1990, the BCP voted to become the Bulgarian
Socialist Party (BSP). When the first elections were held on 10 and
17 June 1990, the BSP obtained a majority, winning 52,75% of the
votes and 211 seats in parliament. The Union of Democratic Forces
(UDF) won 36% and 144 seats, the Agrarian Party 4% and 16 seats and
the Movement for Rights and Freedoms (MRF) 5,75% and 23 seats.
1.2
Application for accession (November 1989/February 1992)
Bulgaria
announced its intention to apply for Council of Europe membership on
3 March 1990. Following renewal of the application on 17 January
1991, the Committee of Ministers requested the Assembly's opinion on
12 February 1991.
1.3 Special
guest status
In September
1989 the Council of Europe created special guest status with the
Parliamentary Assembly with the aim of fostering and encouraging the
democratisation process in the countries of Central and Eastern
Europe. Bulgaria availed itself swiftly of this opportunity to
develop links with the Council of Europe and submitted its
application on 4 December 1989 with a view to setting up a framework
for co-operation as soon as possible.
The Bulgarian
Grand National Assembly was granted special guest status with the
Parliamentary Assembly on 3 July 1990. This enabled the Bulgarian
parliamentary delegation to co-operate with the Parliamentary
Assembly in its various fields of activity. These initial contacts
brought the two sides closer together and improved mutual
understanding.
Since then
numerous meetings have taken place between the Bulgarian Government
and parliament and the Council of Europe. They proved extremely
fruitful, as evidenced by the fact that Bulgaria has signed the
following conventions:
- European
Cultural Convention (2.9.1991)
- European
Convention on Information on Foreign Law (31.1.1991)
- European
Convention on the Protection of the Archaeological Heritage
(31.1.1991)
- Additional
Protocol to the European Convention on Information on Foreign Law
(31.1.1991)
- Convention on
the Conservation of European Wildlife and Natural Habitats
(31.1.1991)
- Convention for
the Protection of the Architectural Heritage of Europe (31.1.1991).
1.4 Our duty
to examine the application
The Committee on
Legal Affairs and Human Rights and the Committee on Relations with
European Non-Member Countries are both required to draft opinions on
the application, while the Political Affairs Committee is responsible
for examining the matter on its merits.
As with the
other membership applications upon which it was invited to comment,
the committee concentrated particularly on checking that the
following conditions had been satisfied: the holding of free
elections, the rule of law and observance of human rights as
guaranteed by the European Convention on Human Rights, backed up by
an intention to ratify the convention in the near future.
2.
Bulgaria's progression towards democracy
2.2
Background in brief
The country has
an area of 110 912 km2 and a population of 9 million,
including around 1 million inhabitants of Turkish origin. Its
territory is divided into 28 administrative units.
As a member of
the communist bloc from 1944 onwards, Bulgaria was one of the
countries which most closely followed Moscow's policy line - to such
an extent that it was sometimes called the 16th Soviet Republic.
The régime was exceptionally hardline and isolated from the rest of
Europe. Bulgaria's total dependence on the USSR was also reflected in
its economy. While over 80% of its trade was conducted with the
Soviet Union, the country had virtually no relations with Western
Europe. It is interesting to note that the Soviet Army was never
stationed on Bulgarian territory.
2.3 The first
signs of the great change
In the days
following 10 November 1989, a multiparty system was instituted, the
traditional parties were re-established, new parties emerged and an
opposition was formed. These developments were accompanied by the
restoration of freedom of expression. A national round table of
leading political figures was held at the start of 1990 and on 30
March 1990 fixed the date of the first free elections.
3. Free
elections
Delegations from
the Council of Europe Parliamentary Assembly were able to observe the
first elections in June 1990 followed by those on 13 October 1991.
The most important conclusions of these observer missions are
reproduced here.
3.1 The
elections on 10 and 17 June 1990
The "observer
missions" concluded that, in the circumstances, the conduct of
the elections was reasonably free and fair. Particular attention was
paid to the rights of the Turkish-speaking Muslim minority.
3.2 The
national elections on 13 October 1991
The second free
elections in Bulgaria were held on 13 October 1991 and were
observed by a delegation from our Assembly. They are described in an
information report by Mr Soares Costa (AS/Bur/Bulgaria (43) 3
rev.) which draws the following general conclusions: "The
Assembly delegation did not attempt to control the elections or make
a critical examination of the political situation. Given the size of
the delegation and the short time available, we were seeking to
arrive at a general political appreciation of the election process.
We did not comment on the application of Bulgaria to join the Council
of Europe even though certain points observed, for example the
banning of the formation of parties on ethnic or religious grounds
(Constitution 1991, Art. 11.4 and Electoral Law 1991,
Art. 41.4-3), clearly are relevant to this question. Our general
impression, as stated in the press communiqué, is that the Bulgarian
authorities had made a real effort to organise free and fair
elections. Partly because of this effort, but also as a result of the
compromises involved in adapting the electoral law and changes in the
structuring of the political forces, the resulting electoral system
was unnecessarily complicated and bureaucratic. Although
irregularities may have affected local results, we have no reason to
believe that significant fraud or malpractice took place to the
national benefit of any single party or coalition. We were, however,
unable to judge how free the electorate really was, in view of the
newness of the democratic tradition in Bulgaria".
Elections of
municipal councillors and mayors were held on the same day as the
National Assembly elections.
While the BSP
appears to be the strongest single party (the UDF is an alliance of
parties), it should perhaps be noted that the turnout of voters in
the Bulgarian elections (over 80%) was much higher than in other East
European countries.
By holding
these first free elections Bulgaria has fulfilled one of the
conditions for its accession to the Council of Europe.
3.3
Presidential elections in January 1992
Mr Zhelyu
Zhelev was elected President in July 1990 with the votes of the BSP.
Since his election, he has striven to overcome Bulgaria's isolation
and speeded up the process of democratisation. He visited the Council
of Europe and addressed the Parliamentary Assembly on 31 January
1991.
The first free
presidential elections were held in two rounds, on 12 and 19 January
1992. The outgoing President, Mr Zhelyu Zhelev, standing as the
UDF candidate, was elected in the second round with 52,85% of the
votes against 47,15% for Mr Velko Valkanov, an independent
candidate supported by the Socialist Party. The turnout was
approximately 76%.
4. Visit by
the committee of 19-21 December 1991 to Sofia, to the seat of the
parliament
The programme of
meetings and the list of discussion partners is appended.
The exchanges of
views with these representatives, whose competence and openness were
greatly appreciated, enabled the committee to obtain valuable
information and raise some critical questions.
During the
visit, the committee was able to hold talks with the Speaker of the
Bulgarian National Assembly, Mr Stefan Savov, the Vice-President and
members of the Assembly, including members of the opposition (that is
the BSP), the Chairman and Vice-Chairman of the Legislative
Committee, Mr Djerov; the Chairman of the Committee on Human Rights,
Mr Hodja; the Minister of Justice, Mr Loutchnikov; Minister of the
Interior, Mr Sokolov; Vice-Minister of Foreign Affairs, Mr Dobrev;
members of the Constitutional Court, inter alia Professor Nenovski
and the Prime Minister, Mr Dimitrov.
The overall
impression gained was most positive. We were pleased to observe that
Bulgaria has made great progress in the process of democratisation
within an extremely short period of time. Our discussions showed that
Bulgaria's political leaders are firmly committed to continuing their
vigorous efforts to complete and consolidate the rule of law and
ensure observance of human rights. Both the government and parliament
are in favour of signing and respecting
international conventions such as the European
Convention on Human Rights.
The committee
paid particular attention to the conditions under which the National
Assembly's committees had been formed and how their chairmen had been
selected. Having been informed that the UDF was now challenging and
proposing to amend the Constitution which had been adopted by the
previous parliament without its support, the committee concentrated
on examining the text in order to see which provisions required
amendment in the opinion of the UDF. A number of suggestions which it
believes may be useful in this respect will be given in the
conclusions.
The committee
also attempted to determine whether the BSP would be prepared to
co-operate so as to permit the amendments necessary for early
ratification of the European Convention on Human Rights and
acceptance of its optional clauses.
Between 6 and
11 March 1992 the three Parliamentary Assembly Rapporteurs visited
Sofia. This visit provided a further opportunity for numerous and
fruitful discussions with representatives of parliament, the
government, political parties and the media. It enabled us to obtain
further information and to clarify any remaining questions. In
particular, the delegation held talks with:
- The President
of the Republic, Mr Zhelyu Zhelev;
- the Chairman
of the Foreign Policy Committee, Mr Alexander Zhordanov,
and members of the committee;
- the Speaker of
the Bulgarian National Assembly, Mr Stefan Savov;
- the Minister
of Foreign Affairs, Mr Stoyan Ganev;
- the
parliamentary group of the Union of Democratic Forces;
- the
parliamentary group of the Parliamentary Union for Social Democracy;
- the
parliamentary group of the Movement for Rights and Freedoms;
- the President
of the Constitutional Court, Mr Assen Manov;
- the Governor
of the central prison;
- the editors of
several journals ("Democracy", "Duma", "Rights
and Freedoms").
The results of
these discussions are set out in this report.
5. Some
important aspects of our examination
5.1 The
National Assembly
The Assembly
elected on 13 October 1991 is made up of 240 members
organised in three major political groupings: the largest, that is,
the UDF, has 110 seats, the BSP has 106 and the MRF (Movement for
Rights and Freedoms consisting chiefly of representatives of the
Turkish minority) has 24. Other political groups which presented
candidates failed to reach the threshold required for obtaining
seats. This means that approximately one-third of the electorate is
excluded from direct representation in the parliament.
There are 24
women in the Assembly, that is 10% of the total. The BSP was not
represented in the Assembly Bureau, at least until March 1992: it
refused the offer of one seat, claiming that its number of Assembly
members entitled it to two. It also challenges the legality of one of
the parties in the coalition, namely the MRF. However, it has been
established that the BSP is represented on all committees by a
delegation which reflects its true strength, although to date its
members have not headed any of the existing 18 committees (as
chairman or vice-chairman).
Recently,
however, a way out of the situation has materialised in the form of
co-operation on the leadership of the Committee on National Security
and Foreign Policy (vice-chairmanship). In spite of this, relations
between the "tenors" of the main three parties are tense,
as in the past. The three Rapporteurs were struck by the fact that
each group accuses the others of not being committed to democracy,
which bodes ill for close, constructive co-operation.
The Assembly's
powers are set out in Articles 84 to 87 of the Constitution. They
include legislative powers typically exercised by the parliaments of
our member states, namely the enactment of legislation and
ratification of international treaties, particularly those concerning
fundamental human rights.
Work
programme
The National
Assembly first had to finalise the electoral law for the presidential
elections. Its next priority is to implement the measures needed for
the transition to a market economy through small-scale privatisation,
the restitution of property and legislation on the economic
activities of non-residents.
The law on
reprivatisation, and in particular the draft Bill on banks and the
law on borrowing, have proved highly controversial in the past and
are continuing to do so. Provisions banning persons who collaborated
with the old régime from occupying leading positions in the banks or
in government for five years or more are coming in for particularly
heavy criticism. This condemnation of a whole category of persons is
problematic from the viewpoint of a state governed by the rule of law
and is contrary to international law. This is another reason why
Bulgaria should ratify the European Convention on Human Rights as
soon as possible: it would create the possibility of objective
supervision.
5.2 The
government
It should be
noted that the executive has no powers to dissolve the Assembly.
Nevertheless, the opposition party believes that the government has a
tendency to reduce the Assembly to a mere "rubber-stamp"
chamber.
Composition
and work programme
Mr Dimitrov
leads a minority government which depends on the support of the MRF.
Many of its Ministers have been chosen for their expertise. The
government has set itself the task of speeding up economic reforms
and developing international relations, particularly Bulgaria's
accession to the Council of Europe.
5.3 The
President of the Republic
The
President's powers
These are
defined in Chapter IV of the Constitution (Articles 91 to 104).
Article 92 states: "The President shall be the head of state. He
shall embody the unity of the nation and shall represent the state in
its international relations".
Article 93 sets
forth the procedure for election of the President and the length of
his term of office which may not exceed five years and can be renewed
only once.
The President's
powers are limited and he has little influence over parliament. The
President has a relative right of veto, is not entitled to propose
bills or reject those which have already been debated but merely
return them for further debate.
Recently
constitutional conflicts have arisen between the President of the
Republic and the parliament. In view of the fact that the President
is elected by the people, he enjoys a degree of legitimacy.
Nevertheless, this is currently a source of conflict.
The President works with his own staff and assumes
particular responsibility for foreign policy and defence.
5.4 The
Constitutional Court
Composition
The provisions
concerning the Constitutional Court are set forth in Articles 147 to
152 of the Constitution. Article 147 reads as follows;
"1. The Constitutional Court shall consist of
12 justices, one-third of whom shall be elected by the National
Assembly, one-third shall be appointed by the President [of the
Republic], and one-third shall be elected by a joint meeting of the
justices of the Supreme Court of Cassation and the Supreme
Administrative Court.
2. The justices of the Constitutional Court shall be
elected or appointed for a period of nine years and shall not be
eligible for re-election or re-appointment. The make-up of the
Constitutional Court shall be renewed every three years from each
quota, in a rotation order established by a law.
3. The justices of the Constitutional Court shall be
lawyers of high professional and moral integrity and with at least
fifteen years of professional experience.
4. The justices of the Constitutional Court shall
elect by secret ballot a Chairman of the Court for a period of three
years.
5. The status of a justice of the Constitutional
Court shall be incompatible with a representative mandate, or any
state or public post, or membership in a political party or trade
union, or with the practising of a free, commercial, or any other
paid occupation.
6. A justice of the Constitutional Court shall enjoy
the same immunity as a member of the National Assembly."
Four of the
current justices were appointed by the Grand National Assembly formed
as a result of the elections of June 1990, in which the communists
had a majority. But it should be noted that the number of votes
gained by the BSP was greater than the number of justices allocated
to this party.
According to
information received from the President of the Constitutional Court,
prior to the elections six justices belonged to the BSP and one to
the Social Democratic Party. After the elections they all handed in
their party cards.
Justices who
fail to carry out their duties or suffer incapacitation may be
removed from their post before the end of their term of office by the
group which appointed them.
Every three
years one third of the justices of the Constitutional Court must be
replaced, that is, two from the group of justices appointed by the
President of the Republic and one from each group appointed by the
other elected bodies. The outgoing justice is selected by the drawing
of lots.
The committee
believes that former membership of the Communist Party should not
automatically be taken as sufficient reason for disqualification
given that party membership was an essential precondition for the
holding of certain posts, particularly in higher education.
It is more
appropriate to judge by the guarantees given today and to accord them
due credit. Although the judges were trained under the former
communist regime, it should be noted that Bulgaria prided itself on
having a legal system comparable to those of other European countries
before the second world war and that Bulgarian intellectuals
maintained links with the West and Western culture even during the
communist period.
Functions
Article 149
states:
"1. The
Constitutional Court shall:
1.
provide binding interpretations of the Constitution;
2. rule on challenges to the constitutionality of the laws and other acts passed by the National Assembly and the acts of the President;
3. rule on competence suits between the National Assembly, the President and the Council of Ministers, and between the bodies of local self-government and the central executive branch of government;
4. rule on the compatibility between the Constitution and the international instruments concluded by the Republic of Bulgaria prior to their ratification, and on the compatibility of domestic laws with the universally recognized norms of international law and the international instruments to which Bulgaria is a party;
5. rule on challenges to the constitutionality of political parties and associations;
6. rule on challenges to the legality of the election of the President and Vice-President;
7. rule on challenges to the legality of an election of a Member of the National Assembly;
8. rule on impeachments by the National Assembly against the President or Vice-President.
2. No authority
of the Constitutional Court shall be vested or suspended by a law".
The
Constitutional Court thus has an extremely important function since
it is required by Article 149(1).4 to rule on the compatibility
between the Constitution and the international instruments concluded
by the Republic of Bulgaria prior to their ratification, and on the
compatibility of domestic laws with the universally recognised norms
of international law and the international instruments to which
Bulgaria is a party. There has been some criticism of the fact that
individuals cannot bring cases directly before the Court, but the
same applies in several member states.
The Court is
currently considering the case of the BSP's challenge to the legality
of the MRF. The stability of the current system will depend on its
ruling since annulment of the MRF would lead to the dissolution of
the Assembly and provoke extremely grave reactions from the Turkish
minority which forms the party's major support base.
In this respect,
the Court representative whom the committee met stressed that the
Court would seek a solution that would not stir up tensions and would
not lead to violations of human rights. According to President Assen
Manov, a decision should be taken in April or May 1992.
The composition
of the Constitutional Court gave rise to some extremely critical
debate in the committee. Although we still have some reservations on
the matter, we hope that the Court is aware of the great
responsibility it holds and that it will prove equal to the task.
5.5 The
Constitution of the Republic of Bulgaria, adopted by the Grand
National Assembly on 12 July 1991
We have already
indicated that the party now in power, the UDF, has criticised the
Constitution which it did not vote for and wishes to see amended as
soon as possible even though this does not seem feasible in the
current Assembly.
When asked which
articles they wished to have amended, the party's representatives
gave no precise indications but stated that they numbered some 40 in
all.
For its part,
the committee conducted a critical examination of the Constitution
and reached the conclusion that it does not, in general, merit severe
criticism. Indeed, its contents were inspired by the constitutions of
several of our member states. The committee nevertheless found some
articles which should either be modified to comply with the European
Convention on Human Rights or interpreted by the Constitutional Court
in a manner compatible with the convention.
In our opinion,
the most controversial articles are the following:
Article 11.4: "There shall be no political parties on ethnic, racial or religious lines, nor parties which seek the violent usurpation of state power.
Article 12.2: "Citizens' associations, including the trade unions, shall not pursue any political objectives, nor shall they engage in any political activity which is in the domain of the political parties".
Article 13:
"1. The practising of any religion shall be free.
2. The religious institutions shall be separate from the state.
3. Eastern Orthodox Christianity shall be considered the traditional religion in the Republic of Bulgaria.
Article 36:
1. The study and use of the Bulgarian language shall be a right and an obligation of every Bulgarian citizen.
2. Citizens whose mother tongue is not Bulgarian shall have the right to study and use their own language alongside the compulsory study of the Bulgarian language.
3. The situations in which only the official language shall be used shall be established by a law".
Article 44:
1. "Citizens shall be free to associate.
2. No organisation shall act to the detriment of the country's sovereignty and national integrity, or the unity of the nation, nor shall it incite racial, national, ethnic or religious enmity or an encroachment on the rights and freedoms of citizens; no organisation shall establish clandestine or paramilitary structures or shall seek to attain its aims through violence.
3. The law shall establish which organisations shall be subject to registration, the procedure for their termination, and their relationships with the state".
A few critical observations; the situation of the majority
One of the
problems raised by the UDF is that of amendments to the Constitution;
Article 155 states that constitutional amendments require a
majority of three-fourths of the votes. At the second reading, a
majority of two-thirds is required. The BSP would therefore
have to support the amendments to allow their adoption.
The question of
the death penalty was also raised. Although it still exists
and 17 death sentences have been delivered over the last two years,
it is no longer applied. This is a situation which many of our member
states experienced when they were already parties to the European
Convention on Human Rights. Asked about the government's intentions
on the matter, the Minister of Justice pointed out that it would be
extremely difficult to abolish the death penalty entirely at the
present juncture since 80% of the population believed it should be
maintained.
5.6 Ethnic
groups
Difficult
relations with the different ethnic groups gave rise to tremendous
problems and political tensions. The natural integration process was
accelerated by draconian administrative measures. For example, at the
end of 1984 Turks resident in Bulgaria were forbidden to use their
Turkish names. This was a serious mistake which triggered mass
emigration by the Muslim community (300 000 people) and a sharp
deterioration in relations with Turkey. The situation did not
fundamentally improve until the decree of the Council of State and
the Council of Ministers of the People's Republic of Bulgaria of 29
December 1989 guaranteeing citizens' constitutional rights came into
force. Since then approximately 130 000 émigrés have returned to
Bulgaria, and according to an official of the MRF the question of the
restitution of property should be resolved in a satisfactory manner.
The Constitution
does not guarantee the rights of minorities. We have just seen that
it includes a number of provisions which limit their rights (Art.
11.4). However, the law has since been repealed.
Following his
visit to Sofia, the Rapporteur learnt that there is now provision for
four hours a week of Turkish language teaching. This appears to
provide an acceptable solution for those concerned. Since the
beginning of 1991, the MRF has published a newspaper in Turkish.
Gipsies
were said to make up a particularly high percentage of the criminal
population and also to receive the most severe sentences.
As our hosts
affirmed, the best way towards integration and harmony between
communities is to involve the Turkish population in the business of
governing. For this reason the present government welcomes
participation by this ethnic group in parliament and at local and
regional level. This presence has already made an enormous
contribution to calming the situation.
5.7 Priority
to international agreements, in particular the European Convention on
Human Rights
Article 5.4 of
the Constitution stipulates: "Any international instruments
which have been ratified by the constitutionally established
procedure, promulgated and come into force with respect to the
Republic of Bulgaria, shall be considered part of the domestic
legislation of the country. They shall supersede any domestic
legislation stipulating otherwise".
The
Constitutional Court will therefore be called upon to rule on the
compatibility between the Constitution and the European Convention on
Human Rights prior to its ratification. Its interpretation of the
Constitution will permit clarification of a number of points which
might pose problems.
5.8
Legislative reform
The parliament
is currently working on a vast programme of legislative reform.
Between the last elections (13 October 1991) and the beginning of
March 1992 it adopted more than 30 new laws. A number of laws, such
as the laws on reprivatisation and agricultural reform, concern the
economy.
However,
difficulties have arisen from the fact that the communist-dominated
administration is continuing to put a brake on reforms and that the
"decommunisation" process and the abolition of the old
régime are taking time. All Communist Party property not acquired
prior to 1946 or after the reform has been confiscated.
The issue of
whether individuals who held important Communist Party posts should
be allowed to resume leading positions in state bodies and banks is
currently being discussed. The dismantling of the communist régime
is designed to prevent the main beneficiaries of the old system from
transferring state property abroad or to private companies and thus
retaining their privileged positions. There is a likelihood of this
since the individuals concerned are often well-qualified. It should
also be seen as an inevitable reaction to years of oppression under
communist rule.
The BSP and
other representatives object on the grounds that a collective
sanction of this type would be unacceptable and would lead to new
injustices. It would be contrary to the principles of established law
and would certainly not be endorsed by the European Court of Human
Rights. For this reason the socialists are highly interested in
co-operation with the Council of Europe; they hope that their demands
and rights will be upheld in Strasbourg.
Apparently 200
diplomats who worked for the secret service have recently been
dismissed.
Generally
speaking, relations between the party leaders are extremely tense.
The present violent disputes are probably due to decades of enforced
"calm". There is evidence of intolerance (eg the BSP's
demand that the MRF be banned). Each group accuses its rivals of not
understanding democracy.
5.9 The
economic situation
A 20% fall in
production and unemployment of 400 000 were expected for 1991.
The economic
situation is still difficult (problems related to the foreign debt
and agricultural production). The foreign debt amounts to
approximately USD 12 thousand million. Almost 40% of the 4,3 million
workers, including 2 million pensioners, are living on the poverty
threshold. Even though the impression is that the crisis is worse
than ever, food supplies were noticeably better this winter (1991/92)
than last year. Inflation has been pushed down by 7-8%. Prices have
been liberalised. But the transition to a market economy is by no
means easy and many problems remain.
Nevertheless, a
remarkable spirit of enterprise can be observed in the retail sector.
Small stalls are being set up everywhere, reflecting an upturn in
economic activity.
However, major
problems remain in industry. The situation has been worsened by
tremendous energy-related problems (falling oil exports from the
former USSR and recurring difficulties with the Kosloduj nuclear
power station).
5.10 The
media
There are no
restrictions whatsoever on press freedom and each political party has
its own newspaper.
6.
Conclusions
The Committee on
Legal Affairs and Human Rights has examined in detail those aspects
of Bulgaria's situation which determine whether or not it may accede
to the Council of Europe, namely the functioning of parliamentary
democracy, the rule of law and human rights. It noted that Bulgaria
has made considerable progress in the process of democratisation and
that the authorities at present in office intend to continue
democratic reforms. It particularly welcomed the fact that the
present constitution specifically recognises the pre-eminence of
international law. The fact that the authorities intend to sign a
number of international conventions, including the European
Convention on Human Rights, affords a guarantee of the observance of
human rights according to international standards in Bulgaria. In
examining the application, the Legal Affairs Committee found a number
of shortcomings, for instance in the field of constitutional law. It
expects the government and parliament to put these right within a
short time. Article 5, para. 4, of the Constitution affords the
means of enforcing the rule of law by giving international law
precedence over contradictory provisions of domestic legislation.
The Committee on
Legal Affairs and Human Rights can, in conclusion, confirm that it
has seen plentiful evidence that Bulgaria gives cause for
satisfaction in this respect and that this new democratic state
fulfils the conditions required to become a member of the Council of
Europe and a party to the European Convention on Human Rights.
The Constitution
ought, however, to afford greater protection of certain rights and
freedoms.
The Bulgarian
authorities have expressed an urgent desire to accede to the Council
of Europe as soon as possible and join the community of European
nations.
The government
has confirmed its intention to sign the European Convention on Human
Rights and the opposition party has indicated it would react
positively to this.
Political
pluralism is guaranteed and all institutions are elected by universal
suffrage.
All the
conditions required for membership of the Council of Europe have
therefore been met. Consequently, we support Bulgaria's application
and welcome its return to the European fold. Membership of the
Council of Europe will help to consolidate this new democracy and
will require the introduc11tion of a market economy in Bulgaria,
which is in the interest of Europe as a whole. We all benefit from
this development, because a continent which has open borders and is
divided between a rich half and a poor half will not be stable in the
long term. Finally, harmonious neighbourly relations can only be
achieved between states which subscribe to the same
ideals.
The transition
from a totalitarian state to a democratic system is fraught with
difficulties, as we have seen elsewhere. It requires time and
patience. Attitudes do not change overnight. Changing the structures
of the state, society and the economy is also extremely difficult.
Nevertheless, we must be optimistic and have faith in the new
leaders. Membership of the European family also provides new
opportunities for the observance of human rights and for the rapid
introduction of the rule of law.
A P P E N D I X I
LIST OF BULGARIAN PERSONALITIES
MET DURING THE MEETING IN SOFIA
19-20 December 1991
(in chronological order)
Mr SAVOV,
Speaker of the National Assembly (UDF)
Mrs
BOTOUCHAROVA, Vice-President of
the National Assembly (UDF)
Mr KADIR,
Vice-President of the National Assembly
Mr DJEROV,
President of the Legislative Committee
Mr HODJA,
President of the Committee on Human
Rights
Mr
LOUTCHNIKOV, Minister of Justice
Mr
SOKOLOV, Minister of the Interior
Mr DOBREV,
Vice-Minister of Foreign Affairs
Prof.
NENOVSKI, Member of the
Constitutional Court
Mrs
ANANIEVA, President of the
Parliamentary Union for
Social Democracy
Mr
VIDENOV, President of the
Socialist Party
Mr BOKOV,
Spokesman for foreign affairs of the
Socialist Party
Mr
DIMITROV, Prime Minister
A P P E N D I X II
PROGRAMME
of the meeting held from 19 to 21 December 1991
in Sofia
at the seat of the parliament (East Room)
Thursday 19 December 1991
9.45 am
Departure on foot from Hotel SOFIA (tel. 3592878821) to
the parliament
10.00 am
Working session
- statement by Mr Stefan Savov, Speaker of the National Assembly
- exchange of views with members of the Bureau of the National Assembly
11.00
am Exchange of views with the
President of the Legislative
Committee
12.00 am
Exchange of views with the President and members of the
Committee on Human Rights
1.00 pm Lunch
not hosted
3.00 pm
Working session
Exchange of views with Mr Svetoslav Loutchnikov, Minister of Justice
4.00
pm Exchange of views with Mr
Yordan Sokolov, Minister of the
Interior
5.00 pm Exchange
of views with the Vice-Minister for Foreign Affairs
8.00 pm
Reception hosted by the Speaker of the National Assembly
Mr Stefan Savov
Friday
20 December 1991
9.15 am
Departure on foot from Hotel SOFIA to the parliament
9.30 am
Working session of the committee
11.00 am
Exchanges of views with Prof. Nenovski, member of the
Constitutional Court
12.00 am Meeting
with the Prime Minister, Mr Dimitrov
1.00 pm Lunch
not hosted
2.30 pm Press
conference
3.30 pm
Working session of the committee
8.00 pm
Dinner hosted by the Bulgarian delegation with
special guest status with the Council of Europe
Saturday
21 December 1991: Excursion
8.30 am
Departure for the monastery of Rila
10.00 am Visit
of the monastery
12.00 am
Departure for Blagoevgrad
1.00 pm Lunch
hosted by the Mayor of Blagoevgrad
2.30 pm Visit of
the town
3.30 pm
Departure for Sofia
5.00 pm Arrival
in Sofia: free evening
Sunday, 22 December 1991
Departure of members of the committee
Reporting committee: Political Affairs
Committee
Committees for opinion : Committee on Legal
Affairs and Human Rights and Committee on Relations with European
Non-Member Countries
Reference to committee: Doc.
6396 and Reference No. 1724 of 11 March 1991
Opinion: Approved by the committee on 13
April 1992.
4 May 1992
Doc. 6597
Doc. 6597
O P I N I O N
on the application of the Republic of Bulgaria
for membership
of the Council of Europe 1
(Rapporteur: Mr RATHBONE, United Kingdom,
Conservative)
General Background
1. Until late
1989 Bulgaria was dominated by the Communist Party. But the
superficial picture of relatively stable politics and economic
prosperity had begun to crack long before then. Bulgaria's alleged
involvement in the death of Georgi Markov in 1978 and in the
attempted assassination of the Pope in 1981, its support for
terrorism and drug trafficking, the pervasive corruption and
nepotism, and its human rights abuses had severely damaged its
international reputation.
2. Meanwhile,
changes in the Soviet Union and throughout Eastern Europe were making
President Zhivkov and his policies more and more of an anachronism,
especially in the eyes of President Gorbachov. The catalyst for
change was provided during a CSCE-sponsored Environmental Conference
in Sofia in October 1989, when police beat up members of a small
environmental pressure group, Ecoglasnost, in front of members of the
international press and the diplomatic community. Zhivkov was removed
in a palace coup on 10 November 1989.
3. Over the
following year the Bulgarian Socialist Party (BSP) (that is the
renamed Communists) was gradually eased out of its positions of
power. After the first reasonably free and fair elections in June
1990, the Presidency went to Dr Zhelev, leader of the UDF, a
non-Communist umbrella grouping. Although the BSP held on to the
government for a further five months they failed to establish their
authority, and collapsed on 29 November in the face of a wave of
student and labour unrest. Subsequently, after much political
in-fighting, a politically independent lawyer, Mr Dimitur Popov,
formed a coalition government in December, embracing members of the
BSP, UDF, the Agrarian Union (a peasant party), and independents;
this was the first genuinely multi-party government in Bulgarian post
war history. Seven government posts went to the BSP, four to the UDF,
three to the Bulgarian Agrarian Party and five to the Independents.
Dimitur Popov was selected to be a non-party Prime Minister.
4. In January
1991 all the major political parties agreed on a programme of
substantial economic and constitutional reform.
Bulgarian Parliament
5. The Bulgarian
Parliament consists of a single chamber (the National Assembly) of
240 members elected for a 4-year term.
Constitution
6. A new
constitution was adopted by the Grand National Assembly on 12 July
1991, with the BSP using its majority to secure acceptance. Much
stress is laid in the new constitution on the role of the new
Constitutional Court (which has the power to rule on the
constitutionality of legislation passed by the National Assembly) and
the independence of the Judiciary.
7. Though the
constitution marks a considerable advance on the previous one, it
attracted some criticism, especially from the radical right wing of
the UDF. The UDF objected that the constitution was a "communist"
one which depended for its passage through parliament on the votes of
the majority BSP. Others argue that the constitution was ill-suited
to modern requirements because it reflected an outdated,
paternalistic type of state; that excessive power was vested in
parliament while the powers of the President were considerably
restricted; and that the constitution ignored the natural rights of
the individual and took into account only those rights which the
state grants to the individual.
8. In the light
of various investigations into minority rights in Bulgaria by the
Council of Europe over recent years (Resolution 846 in 1985, on the
situation of ethnic and Moslem minorities in Bulgaria;
Recommendation 1109 in 1989 on refugees of Bulgarian nationality
in Turkey;
Resolution 927 in 1989 on the situation of the ethnic and Moslem
minority in Bulgaria), it will not be surprising for members of the
Assembly that the absence of more positive provisions for collective
minority rights and the continuing ban on religious and ethnically
based parties (which later threatened to disenfranchise the mainly
ethnic Turkish Movement for Rights and Freedoms) have also given
cause for concern.
Parliamentary elections
9. A new
Electoral Law was passed on 22 August 1991 establishing a system of
proportional representation for parliamentary elections. In September
the MRF contested the legally questionable objection to its
registration as a party. Council of Europe Ministers raised this with
Bulgarian political leaders and authorities, and subsequently the MRF
were allowed to participate in the elections held on 13 October 1991.
10. The
Bulgarian National Assembly, Government and Central Electoral
Commission invited international observers from the Council of Europe
and other national and international bodies. Your rapporteur was a
member of our Assembly's Ad Hoc Committee. The full report is
published in Doc.
6543 Addendum I. In common with other observer bodies, we
concluded in summary that:
- the elections
were broadly free and fair, more so than the June 1990 elections,
which themselves were largely accepted by both the Bulgarian people
and the international community.
- the elections
were impressively organised. Their complexity was formidable, since
they consisted of four simultaneous polls: national, local, council
and mayor. Potential for confusion was great, but in the event
observer teams found remarkably little.
- there was no
violence.
11. Following
the elections, the Union of Democratic Forces became the largest
single party with 34.4% of the vote (110 seats). The Bulgarian
Socialist Party gained 33.1% (106 seats). The Movement for Rights and
Freedoms won 7% of the vote (24 seats). Other parties failed to clear
the 4% threshold to win seats. The turnout was 83.87%.
12. The
Bulgarian Parliament held its first post-election meeting on 4
November and Philip Dimitrov formed the new UDF Government on
8 November. This did not include ministerial posts
for MRF members, but the Government depends in parliament on MRF
support.
Presidential elections
13. Bulgaria's
first-ever democratic elections for a directly-elected President and
Vice-President took place in two rounds on 12 and 19 January 1992.
The nominees of the ruling UDF party, the incumbent President Zhelyu
Zhelev and his running mate, Mrs Blaga Dimitrova (poet and UDF MP)
won - after being forced into a second round - with 53% of the vote.
Turnout was around 76%.
The Constitutional Court
14. As provided
in the Constitution, this Court was established in September 1991. It
is composed of 12 members, one-third elected by the National
Assembly, one-third elected by the Judges of the Supreme Courts and
one-third appointed by the President of the Republic. There have been
some questions raised about membership of the Court, specifically due
to some links to the previous communist regime. But by history and by
clearly-stated intent, Bulgaria's commitment to an independent
judiciary of the highest professional and moral integrity should mean
that the Constitutional Court will operate as it should as the
interpreter of the Constitution and the defender of proper
constitutional practice.
15. The
Constitutional Court has an extremely important role in interpreting
the constitutionality of laws and ruling on the compatibility between
the Constitution and international legal instruments such as the
European Convention on Human Rights. Reassurances have been given
that the Court would uphold the Convention's supremacy over the
Constitution should one be found at variance with the other, at time
of ratification.
16. This is
specially important in the light of the Court's present consideration
of the legality of the MRF, accused of being a mainly ethnic Turkish
movement by the BSP, the previous Communist party. This is based on
Article 11.4 of the Constitution: "There shall be no political
parties on ethnic, racial or religious lines, nor parties which seek
the violent usurpation of state power" - unique in Europe, and
in fact contrary to guarantees in some national constitutions, for
example, Germany and Romania, and in the European Convention of Human
Rights.
The Economy
17. The
disintegration of communist trading bloc arrangements has caused
serious cutbacks in the supply of oil and other staple products, and
has closed the main markets for the country's exports. A serious
foreign currency debt crisis, precipatating a unilateral moratorium
in 1990 on all servicing, led to cutbacks in trade with the West.
With foreign trade virtually paralysed and tight monetary policies,
industrial production has been dropping, GDP fell by 15% in 1991 and
gross production by 29%. Much of Bulgarian industry is operating at a
minimal level because of lack of raw materials, spare parts and fuel.
Registered unemployment stands at 432,000 (12%) and is rising - the
true figure is probably a lot higher. Retail prices rose by more than
500% in 1991 (mostly due to a leap at the time of price
liberalisation): the current annual rate is about 60%. Price
liberalisation has alleviated shortages of goods in shops and
markets, but prices are high in relation to wages, obliging many
Bulgarians to spend nearly all their disposable income on basic
essentials.
Agriculture and Food Supply
18. The
agricultural sector faces severe problems. Uncertainty over land
ownership has reduced sowing and contributed to under-investment in
fertilisers. The problems have been aggravated by shortages of seed
and agrochemicals, and mildew caused by late rain in 1991. Supplies
of animal feed are expected to be sufficient to last until the spring
because of a better than expected maize harvest and extensive
slaughtering of livestock in 1990/91. High prices have reduced the
demand for meat by 50%, which is consequently in ready supply. A
shortage of mineral and vitamin feed additives is to be made up under
EC's PHARE programme.
Humanitarian and Technical Assistance
19. Bulgaria
received humanitarian aid (food and medical from the European
Community and others) in the winter of 1990/91. Aid has also come
from the EC's PHARE programme of technical assistance (25 million ECU
in 1991, mainly for agriculture), as well as national Know How Fund
contributions. Following an IAEA inspection the EC is providing some
8 million for safety improvements at the Kozlodui nuclear power
station (which provides up to 40% of Bulgaria's electricity).
Technical failures at the plant have resulted in 50% electricity
rationing.
IMF and Economic Reform
20. Bulgaria
joined the International Monetary Fund in October 1990 and in March
1991 agreed a 12-month Standby Agreement (SBA) for SDR 279 million. A
successful IMF visit in November 1991 has opened the way to loans
from the World Bank and other official lenders and to a re-scheduling
of Bulgaria's government-to-government debts in the Paris Club.
However most of Bulgaria's $11 billion debt is owed to commercial
banks, with which re-scheduling is still under negotiation.
21. IMF help is
conditional on implementation of a far-reaching programme of economic
reform and adjustment, including tax reforms, price liberalisation,
limitation of the budget deficit, an incomes policy and limited
internal currency convertibility.
22. In 1991/92
important reform legislation has been or is being passed, notably on
land ownership, foreign investment, (though it is now being revised),
company law, and amendments to the existing law on privatisation. The
land law has not yet had its hoped-for effect: only 10% of 2 million
landowners had applied for restitution by October 1991, most
preferring their holdings to remain within co-operatives. Prices have
been liberalised, with the Government retaining powers to regulate
the prices of some basic foods and utilities only. The privatisation
of small businesses has taken off - 150,000 were registered by
October 1991. Legislation on large-scale privatisation is expected
very soon.
23. These
economic and financial aspects are mentioned in some detail because
of the inter-relationship of democratic development and economic
reform. Living standards fell with the start of economic reform a
year ago. High prices forced Bulgarians to spend most of their income
on increasingly difficult to find food, and on housing and heating.
There seems to be a determination to succeed in continuing economic
and political evolution. But it is accepted that it is neither easy,
nor lacking risky elements.
CONCLUSION
24. Though
social upheaval is one primary risk, there seems to be determination
among people and politicians to succeed. New freedoms of democratic
choice, media and religion are valued and are being enjoyed.
25. Even though
the transition from communism has already taken two years, little has
taken place in the way of economic reform - and Bulgaria's economic
problems are daunting. But the economic collapse seems to be
generally seen as being the reason for the end of the old regime. And
there is acceptance that Bulgaria has taken the decisive steps, which
means that irrevocable change has taken place with:
- a multi-party
political system;
- a culture
dominated by political pluralism;
- re-established
constitutional law;
- free press;
- freedom of
movement and freedom to study one's own language;
- right to
strike;
-
depoliticisation of the army, the police, the courts and the civil
service.
26. The
Bulgarian Government has disavowed the Brezhnev doctrine of limited
sovereignty and abandoned "socialist internationalism". It
embraced the policy of good relations with neighbours and of
expanding participation in the ongoing process of European
integration - as vividly illustrated by its request for full
membership of the Council of Europe and acceptance of the
responsibilities that involves. This includes "adaptation as
necessary of Bulgarian legislation and of the new Constitution to the
requirements not only of the European Convention on Human Rights but
also the International Covenant on Civil and Political Rights and the
Declaration of the Rights of the Child" (President Zhelev
speaking at the Royal Institute of International Affairs in London on
20 February 1991).
27. On this
basis, as recognition of the existence now of a Bulgarian pluralist
democracy (as required for membership of the Council of Europe), as
encouragement for further political and economic improvement in
Bulgaria, and as a crucial step in Bulgaria joining the developing
community of European nations, I recommend that this Committee and
the Assembly endorse acceptance of Bulgaria as a full member of the
Council of Europe at the earliest possible opportunity.
Reporting committee: Political Affairs
Committee
Committees for opinion: Committee on Legal
Affairs and Human Rights and Committee on Relations with European
Non-Member Countries
Budgetary implications for the Assembly: None
Reference to committee: Doc.
6396 and Reference No. 1724 of 11 March 1991
Opinion: Unanimously approved by the
Committee on Relations with European Non-Member Countries on 4 May
1992.
Първият български посланик при Съвета на Европа - Д-р Светлозар Раев
СНИМКИ
от Уикипедия, свободната
енциклопедия и от личен архив
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| Д-р Светлозар Раев, Първият посланик на България в Съвета на Европа, 1992-1999г. |
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| Изказване на Н.Пр. Д-р Светлозар Раев в Комитета на Министрите |
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| Д-р Светлозар Раев председателства Комитета на Министрите на Съвета на Европа, 1994г. |
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| Д-р Светлозар Раев в качеството си на Председател на Комитета на Министрите посреща кралицата на Обединеното Кралство Н.В. Елизабет II, при посещението и в Съвета на Европа, |
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| Д-р Светлозар Раев и Папа Йоан Павел II във Ватикана. Връчване на акредитивни писма. |
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| Д-р Светлозар Раев (вдясно), дипломатът Марин Райков (вляво), до него Лъчезар Тошев, Митко Николов - секретар на българската делегация, депутатката Елена Поптодорова - от другата страна депутатът Иван Н.Иванов и шофьорът на посолството Емил, на чаша шампанско по повод избирането на Лъчезар Тошев за Вицепрезидент на ПАСЕ, 1998г. Кафенето до пленарната зала на ПАСЕ в Двореца на Европа. |
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