Bulgaria – IMM situation

IMM name: Monitoring Council

IMM type: New established entity

CRPD ratification date: 26 January 2012

IMM legal framework: People with Disabilities Act - Promulgated, SG, iss. 105 of 18.12.2018, in force since 1.01.2019

Bulgaria ratified the CRPD on 26 January 2012. In 2018, in the conditions of serious public pressure and protests of people with disabilities due to unresolved issues and delayed reforms in policies for people with disabilities, the responsible authorities established working groups to change the legislation on people with disabilities. In response to the current situation and in order to create adequate conditions for reforms in disability policies, the Ministry of Labor and Social Policy contacted the European Union Agency for Fundamental Rights (FRA) for technical support and information on the application of Art. 33 (2) of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). In response to the request made by the FRA, a "Review of Standards and Practices in EU Member States" was provided, which supports the process of clarifying the requirements for the establishment of a monitoring mechanism for the implementation of the UN CRPD in accordance with Art. 33 (2) of the same. The received technical support was thoroughly considered in the framework of specially organized workshops on the topic, which included representatives of the competent authorities and human rights institutions, as well as representatives of the representative organizations of and for people with disabilities.

At the meetings, the practices regarding the composition of the independent mechanisms in the sense of art. 33 (2) in the Member States of the European Union, their legal basis and participation in them of people with disabilities, the status and effectiveness of the independent mechanism, and the working relations regarding internal coordination and cooperation within and between mechanisms within the meaning of Art. 33 (2). Important emphasis is placed on one of the key and most frequently raised issues by the UN Committee on the Rights of Persons with Disabilities, namely, that States parties have a duty to ensure the participation of persons with disabilities and their representative organizations in defining the monitoring mechanism on the implementation of the Convention. In the process of work, the two human rights institutions - the Ombudsman of the Republic of Bulgaria and the Commission for Protection against Discrimination agreed on the opinion that it is more appropriate to perform their functions under the independent monitoring mechanism jointly and that an important role in this mechanism will have nationally representative organizations of and for people with disabilities, civil society and academia.

As a result of extensive consultations and active communication with the nationally representative organizations of and for people with disabilities, a proposal was developed for the establishment of a Monitoring Council, which aims to monitor the implementation of policies to protect the rights of people with disabilities in Bulgaria and to fully respect the implementation of the UN Convention on the Rights of Persons with Disabilities. The proposal was adopted in the draft People with Disabilities Act, the adoption of which fulfilled the country's commitment to appoint a responsible body under Art. 33, (2) of the Convention, in accordance with the existing independent human rights institutions in the country, operating on the basis of the UN Paris Principles.

Pursuant to Art. 33, para.2 of the Convention and Art. 11 of the Persons with Disabilities Act, in July 2019, a Monitoring Council was established, which aims to promote, protect, and monitor the implementation of the UN Convention on the Rights of Persons with Disabilities. The establishment, composition, and functioning of the Monitoring Council are regulated in Art. 11-16 of the People with Disabilities Act. In Art. 2- 13 of the Regulations for implementation of the Act, promulgated DV. no. 27 of 02.04.2019, in force since 01.04.2019.

The procedure according to which the organizations of and for people with disabilities elect their representatives in the Council is regulated. The Monitoring Council has a 4-year term, and its activity will be administered by the administration of the Ombudsman of Bulgaria during the first half of the mandate and by the administration of the Commission for Protection against Discrimination during the second half. According to Art. 12 of the Persons with Disabilities Act, the Monitoring Council shall be composed of nine members, as follows: two representatives nominated by the Ombudsman of Bulgaria, two representatives nominated by the Chairperson of the Commission for Protection against Discrimination, four representatives of organisations of and for persons with disabilities, and one representative of the academia nominated by the Bulgarian Academy of Science.

The Independent Monitoring Mechanism is a newly established entity and is not part of a Monitoring Framework consisting of another or other entities. Art. 12, para. 2 of the People with Disabilities Act points out that the mandate of the Monitoring Council is four years and starts from the date of its composition. The members of the council shall carry out their activities until the constitution of the new composition. The Act explicitly points out that representatives of other institutions, organizations, independent experts, employers, trade unions, and others may be invited to the meetings of the Monitoring Council. The activity of the Monitoring Council is administered through the administration of the Ombudsman of Bulgaria and the Commission for Protection against Discrimination on a rotating basis for a period of two years. According to the requirements of the Regulation for implementation of the People with Disabilities Act, the Ombudsman Institution is the first to administer the activities of the Council - for the period from its constitution - 08.07.2019 to 08.07.2021. Currently, the Commission for Protection against Discrimination is administering.

The IMM is also mandated with the following functions:

• To issue opinions, recommendations, and proposals to the institutions in charge of preventing and discontinuing any violations of the rights of persons with disabilities
• To draw up annual reports on the actions undertaken to implement the Convention on the Rights of Persons with Disabilities
• To regularly review national laws, practices and draft regulations and assess their compatibility with the provisions of the Convention on the Rights of Persons with Disabilities
• To pursue further activities related to promoting, safeguarding and monitoring the implementation of the Convention
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting: The consideration of individual cases and complaints can be done through the legal mechanisms for protection, which are provided to the Ombudsman of the Republic of Bulgaria and the Commission for Protection against Discrimination
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State
• Evaluating policy, legislative and administrative compliance with the CRPD: During the Presidency of the Ombudsman, the first methodology for monitoring the accessibility of the architectural environment under Art. 9 of the CRPD was developed and adopted
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State: During the presidency of the Ombudsman, recommendations were made to the heads of the bodies responsible for ratifying the Optional Protocol to the CRPD
• Initiating or undertaking research studies on the rights of persons with disabilities: Undertaken studies on the accessibility of the architectural environment in the Social Assistance Directorates in the country
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI: In connection with the complaints received by the Ombudsman's institution, which are related to the rights and interests of a significant part of people with disabilities, discussions were organized in the Monitoring Council, and a general opinion was sent to resolve the problem
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programs: Different issues of all people with disabilities are discussed at Council meetings and their equal treatment is encouraged
• Undertaking investigations on the rights of persons with disabilities: Undertaken studies on the accessibility of the architectural environment in the Social Assistance Directorates in the country
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms; however, the IMM was created after the first report that Bulgaria submitted to the Committee and no second report has been submitted so far.
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee however, the IMM was created after the first report that Bulgaria submitted to the Committee and no second report has been submitted so far.
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level: With a view to performing administrative functions, the National Ombudsman and the Commission for Protection against Discrimination shall communicate in a timely manner with all state bodies involved in the implementation of policies for persons with disabilities
• Liaising with the focal point (s) designated within government under Article 33(1) for matters relating to the Convention’s implementation: All decisions and recommendations of the Council are addressed to the Ministry of Labor and Social Policy, which is designated to perform the functions of a focal point;
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to implementation of the CRPD: The Council is in constant dialogue with non-governmental organizations on and for people with disabilities. ^

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The Monitoring Council includes four representatives of the organizations of and for people with disabilities elected by them. According to the People with Disabilities Act, the Deputy Chairman of the Monitoring Council is a representative of the organizations of and for people with disabilities, elected by them, on a rotating basis for a period of one year, and in the absence of the Chairman of the Council these functions are performed by the Deputy Chairman. The organizations of and for people with disabilities appoint their representatives in accordance with the Regulations for the implementation of the People with Disabilities Act. The procedure is completely transparent and public, ensuring the possibility for the organizations to nominate candidates for representatives and to elect them by voting. The conditions for membership in the Monitoring Council of the representatives of organizations of and for people with disabilities are not to perform public service, not to be placed under guardianship, and not to be convicted of an intentional crime of a general nature unless rehabilitated.

In terms of the process of selecting and appointing members to the IMM, the developed and adopted new legislation in the field of disability policy regulates the rules for constituting the Monitoring Council. According to the provisions of the People with Disabilities Act and the Regulations for its implementation, the organizations of and for people with disabilities are guaranteed the opportunity to nominate candidates for representatives and to elect them by voting. The process is public. Based on the announced ranking of the four candidates of the organizations of and for people with disabilities, the members of the Monitoring Council are determined by a decision of the head of the institution that administers the Council. The activity of the Monitoring Council is administered through the administration of the Ombudsman of the Republic of Bulgaria and the Commission for Protection against Discrimination on a rotating basis for a period of two years. According to the requirements of the Regulations for the Implementation of the People with Disabilities Act, the Ombudsman Institution is the first to administer the activities of the Council - for the period from its constitution - 08.07.2019 to 08.07.2021.

Participation of persons with disabilities in the monitoring process:

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism; they have a voice and the right to vote. they serve as members of the Council and have the right to vote, including to nominate the Vice-Chair of the Monitoring Council. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism; they have a voice throughout the deliberations.

Persons with disabilities as designated experts on disability are invited and/or hired to support specific programs in the Independent Monitoring Mechanism. People with disabilities have been invited to separate Council meetings to present issues that require the Council to intervene as an independent monitoring mechanism and a regulated right to make recommendations for improving disability policy.

Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. The consideration of individual cases and complaints can be done through the legal mechanisms for protection, which are provided to the Ombudsman of Bulgaria and the Commission for Protection against Discrimination. Representatives of other institutions and organizations, independent experts, employers, trade unions, and others may be invited to the meetings of the Monitoring Council, which suggests that these may be people with disabilities who identify themselves as self-advocates. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism.

In terms of a formal structure for involving persons with disabilities and their representative organisations, with the development and entry into force of the People with Disabilities Act in 2019, the establishment of the Monitoring Council is regulated.

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