The Anti-discrimination commission enacted discrimination
07/11/2006
By
Desislava Petrova - BGO Gemini
The Anti-discrimination commission enacted discrimination
The Commission for Protection against Discrimination of the Republic of Bulgaria – fifth specialized private permanent commission meeting on 16th of June 2006, members Rositza Georgieva – chairwoman; Aneli Chobarova – member and Blagoi Vidin – speaker, concluded that Municipality Varna has discriminated against BGO Gemini and imposed a fine to be paid by the Municipality.
BGO Gemini appealed before the Commission against discrimination against the Municipality of Varna, which appears in the form of refusal to hold an undertaking of the organization. We ask of the Commission to acclaim the existence of indirect discrimination in a seemingly neutral order made by the Mayor of the Municipality of Varna, as well as the public scandal instigated by the Municipality and the way the situation was handled before the media, which in itself leads to the creation of a hostile setting and attitude towards an entire group of the Bulgarian society.
On 7th July 2005 “Gemini” sent an official request to be allowed to open an information center in the downtown area of Varna for the period of 4 days in the interval between 24th and 27th August 2005. The information center would be a tent, 3 by 3 meters in size. In telephone conversations, the Administration of the Municipality of Varna confirms that the official request has been received and it suits all the criteria and has all the information required. On 23rd August 2005, the Municipality of Varna sends a letter to “Gemini”, which states that the request of the organization cannot be fulfilled, the reason for that being unmet requirement and particularly the fact that they cannot find “the personification of the organization, which is a vital condition for the responsibility that the Municipality holds in respect to the upcoming undertaking”. The undertaking cannot be called a “cultural act”, due to which its organization cannot happen on a territory which “purpose is unlimited access for people living on the territory of Varna, and it cannot be associated with affirmative sanctions on the side of the Municipality of Varna. Aside from this, it is stated in the refusal that the putting up of a tent in the period between 24th and 27th August 2005 will distract the free movement of people and vehicles in the central part of the city. On the grounds of Article 12, point 4, and Article 5 of the Law for Meetings and Manifestations, it is refused to be opened a information center on “Nezavisimost” square in Varna. The very same day, along with the following few days, the media is flooded by the news of the refusal. Miroslav Ivanov Tzonev, deputy mayor, stands for the Mayor in the period between 17th and 31st August, while the media keeps quoting Kiril Yordanov, Mayor of the Municipality of Varna, who at the time is supposed to be absent.
According to the collected evidence, it is ascertained the following:
On 7th July 2006, Bulgarian Gay Organization “Gemini” sends a notification, which suits all the criteria with respect to the Law for Meetings and Manifestations, to the Mayor of the Municipality of Varna, asking to open an information center for the period between 24th and 27th August 2005. In response, on 23rd August 2005, the Mayor of the Municipality of Varna sends two letters, only a day before the undertaking in question, to Hristo Mollov, who represents BGO “Gemini”. Both letters are included in the correspondence. The first letter (no.:RD 5-9100/499) dated 23th Aug. 2005 says that throughout the correspondence it answers to all inquiries concerning the undertaking have been delivered in timely manner and that the Municipality cannot hold responsibility for the consequences that might follow the event. The second letter (no.: RD 5-94 x(35)) dated 23rd Aug. 2005 consist of the actual refusal for the opening of an information center on the grounds of Article 12, point 4 and Article 5 of the Law for Meetings and Manifestations.
The above described facts lead to the following conclusion: it is evident that discrimination on the side of the Municipality of Varna exists and it is directed at BGO “Gemini”. In that case, according to Article 9 of the Law Against Discrimination it is up to the Municipality to prove the point.
The Municipality of Varna came up with a statement with which it discards Gemini’s plea as unreasonable and unable to be proved. The statement mentions nothing about the main facts stated by BGO “Gemini” which actually prove that discrimination exists. No explanations are provided with respect to why a refusal has been issued the very day before the undertaking.
The request for the opening of an information center is unreasonably connected to other activities such as gay pride, concert and other mass-events, none of which is mentioned in Gemini’s letter. All Gemini asks for is to open an information center – a small regulated in size area, which cannot by any chance be treated as a request for putting up a stage or organization of other kinds of mass-events. That is yet another reason why the committee does not accept as reasonable the refusal on the grounds of the fact that the information center would obstruct the free movement of people and vehicles in the downtown area of the city. The decree of the Law for Meetings and Manifestations clearly states that people have the absolute right to gather peacefully and unarmed for meetings and manifestations. The main premise for Article 12.2, point 4 to be in force is the absolute evidence that the rights of other people will be violated. The refusal is accompanied by a written statement within 24 hours after the notification and is to be appealed before Regional Court, which on its side is obliged to come up with a verdict within five days. In the current case, the Mayor, by issuing an order after over a month proceeding Gemini’s letter sent on 7th July 2005, and only a day before the date of the event in question, has made the appeal before the court impossible and has in this way deprived Gemini from seeking the protection of the law they have the right to.
In the course of investigation it remains unclear why the Municipality of Varna issues a refusal on the very day before the day of the opening of the information center. It also remains unclear why the Municipality refuses the opening on the false grounds of being unable to “personifies the organization”. The Municipality of Varna had enough time to ask for the required information. Yet none of the letters sent to BGO “Gemini” states that the requirements are not met. The committee also finds it peculiar that two letters were sent to the same person in the one and the same day. And in addition to that the refusal had been accompanied by unnecessary media fuss which created a hostile attitude towards BGO “Gemini”.
As a result, the Specialized Committee for Protection against Discrimination finds that there is enough evidence for the conclusion that human rights are violated.
The Committee for Protection against Discrimination – fifth specialized permanent committee
DECIDED:
With its actions, the Municipality of Varna, represented in the face of the mayor of the municipality, has issued a refusal which is seemingly neutral, but together with the way of issuing and spread of the order of refusal it creates a hostile attitude towards BGO “Gemini” and violates its rights according to the Law Against Discrimination.
The Municipality of Varna has to pay a fine of 500lv.
The current decision is to be appealed before court within the next 14 days.
The Commission for Protection against Discrimination of the Republic of Bulgaria – fifth specialized private permanent commission meeting on 16th of June 2006, members Rositza Georgieva – chairwoman; Aneli Chobarova – member and Blagoi Vidin – speaker, concluded that Municipality Varna has discriminated against BGO Gemini and imposed a fine to be paid by the Municipality.
BGO Gemini appealed before the Commission against discrimination against the Municipality of Varna, which appears in the form of refusal to hold an undertaking of the organization. We ask of the Commission to acclaim the existence of indirect discrimination in a seemingly neutral order made by the Mayor of the Municipality of Varna, as well as the public scandal instigated by the Municipality and the way the situation was handled before the media, which in itself leads to the creation of a hostile setting and attitude towards an entire group of the Bulgarian society.
On 7th July 2005 “Gemini” sent an official request to be allowed to open an information center in the downtown area of Varna for the period of 4 days in the interval between 24th and 27th August 2005. The information center would be a tent, 3 by 3 meters in size. In telephone conversations, the Administration of the Municipality of Varna confirms that the official request has been received and it suits all the criteria and has all the information required. On 23rd August 2005, the Municipality of Varna sends a letter to “Gemini”, which states that the request of the organization cannot be fulfilled, the reason for that being unmet requirement and particularly the fact that they cannot find “the personification of the organization, which is a vital condition for the responsibility that the Municipality holds in respect to the upcoming undertaking”. The undertaking cannot be called a “cultural act”, due to which its organization cannot happen on a territory which “purpose is unlimited access for people living on the territory of Varna, and it cannot be associated with affirmative sanctions on the side of the Municipality of Varna. Aside from this, it is stated in the refusal that the putting up of a tent in the period between 24th and 27th August 2005 will distract the free movement of people and vehicles in the central part of the city. On the grounds of Article 12, point 4, and Article 5 of the Law for Meetings and Manifestations, it is refused to be opened a information center on “Nezavisimost” square in Varna. The very same day, along with the following few days, the media is flooded by the news of the refusal. Miroslav Ivanov Tzonev, deputy mayor, stands for the Mayor in the period between 17th and 31st August, while the media keeps quoting Kiril Yordanov, Mayor of the Municipality of Varna, who at the time is supposed to be absent.
According to the collected evidence, it is ascertained the following:
On 7th July 2006, Bulgarian Gay Organization “Gemini” sends a notification, which suits all the criteria with respect to the Law for Meetings and Manifestations, to the Mayor of the Municipality of Varna, asking to open an information center for the period between 24th and 27th August 2005. In response, on 23rd August 2005, the Mayor of the Municipality of Varna sends two letters, only a day before the undertaking in question, to Hristo Mollov, who represents BGO “Gemini”. Both letters are included in the correspondence. The first letter (no.:RD 5-9100/499) dated 23th Aug. 2005 says that throughout the correspondence it answers to all inquiries concerning the undertaking have been delivered in timely manner and that the Municipality cannot hold responsibility for the consequences that might follow the event. The second letter (no.: RD 5-94 x(35)) dated 23rd Aug. 2005 consist of the actual refusal for the opening of an information center on the grounds of Article 12, point 4 and Article 5 of the Law for Meetings and Manifestations.
The above described facts lead to the following conclusion: it is evident that discrimination on the side of the Municipality of Varna exists and it is directed at BGO “Gemini”. In that case, according to Article 9 of the Law Against Discrimination it is up to the Municipality to prove the point.
The Municipality of Varna came up with a statement with which it discards Gemini’s plea as unreasonable and unable to be proved. The statement mentions nothing about the main facts stated by BGO “Gemini” which actually prove that discrimination exists. No explanations are provided with respect to why a refusal has been issued the very day before the undertaking.
The request for the opening of an information center is unreasonably connected to other activities such as gay pride, concert and other mass-events, none of which is mentioned in Gemini’s letter. All Gemini asks for is to open an information center – a small regulated in size area, which cannot by any chance be treated as a request for putting up a stage or organization of other kinds of mass-events. That is yet another reason why the committee does not accept as reasonable the refusal on the grounds of the fact that the information center would obstruct the free movement of people and vehicles in the downtown area of the city. The decree of the Law for Meetings and Manifestations clearly states that people have the absolute right to gather peacefully and unarmed for meetings and manifestations. The main premise for Article 12.2, point 4 to be in force is the absolute evidence that the rights of other people will be violated. The refusal is accompanied by a written statement within 24 hours after the notification and is to be appealed before Regional Court, which on its side is obliged to come up with a verdict within five days. In the current case, the Mayor, by issuing an order after over a month proceeding Gemini’s letter sent on 7th July 2005, and only a day before the date of the event in question, has made the appeal before the court impossible and has in this way deprived Gemini from seeking the protection of the law they have the right to.
In the course of investigation it remains unclear why the Municipality of Varna issues a refusal on the very day before the day of the opening of the information center. It also remains unclear why the Municipality refuses the opening on the false grounds of being unable to “personifies the organization”. The Municipality of Varna had enough time to ask for the required information. Yet none of the letters sent to BGO “Gemini” states that the requirements are not met. The committee also finds it peculiar that two letters were sent to the same person in the one and the same day. And in addition to that the refusal had been accompanied by unnecessary media fuss which created a hostile attitude towards BGO “Gemini”.
As a result, the Specialized Committee for Protection against Discrimination finds that there is enough evidence for the conclusion that human rights are violated.
The Committee for Protection against Discrimination – fifth specialized permanent committee
DECIDED:
With its actions, the Municipality of Varna, represented in the face of the mayor of the municipality, has issued a refusal which is seemingly neutral, but together with the way of issuing and spread of the order of refusal it creates a hostile attitude towards BGO “Gemini” and violates its rights according to the Law Against Discrimination.
The Municipality of Varna has to pay a fine of 500lv.
The current decision is to be appealed before court within the next 14 days.
