The application of the Racial Equality Directive of

The application of the Racial Equality Directive of the EU – focus on Bulgaria Dr. Niraj Nathwani, European Union Agency for Fundamental Rights (FRA)

The European Union Agency for Fundamnetal Rights • to provide assistance and expertise on fundamental rights issues to the European Union institutions and the Member States, when they implement Community law • to promote dialogue with civil society, in order to raise public awareness of fundamental rights and actively disseminate information about its work (Council Regulation (EC) 168/2007 of 15 /02/2007) 2

Projects on Impact of the Racial Equality Directive • EUMIDIS: large scale survey • The impact of the Racial Equality Directive: views of trade unions and employers in the European Union • The application of the Racial Equaltiy Directive: legal comparative report based on FRALEX material 3

Topics • Experiences of Discrimination • Awareness in the population with a special focus on potential victims of discrimination • the Bulgarian Application of the Racial Equality Directive 4

EUMIDIS • EUMIDIS stands for EU Minorities and Discrimination Survey • Eurobarometer surveys cover the whole population, but EUMIDIS focuses on ethnic and national minorities. • 23500 face-to-face Interviews in all 27 Member States • Per State two minority groups were selected with the help of RAXEN: for statistical reasons minimum 5% of the total population (Samples of around 500 individuals); • in Bulgaria EUMIDIS surveyed persons of Roma and Turkish background 5

EUMIDIS (2) • Questions about discrimination concerned 9 areas of life: 1. 2. 3. 4. 5. 6. 7. 8. 9. when looking for work; at work; when looking for a house or an apartment to rent or buy; by healthcare personnel; by social service personnel; by school personnel; at a café, restaurant or bar when entering or in a shop when trying to open a bank account or get a loan 6

% of respondents who have been discriminated against in the past 12 months in any of the 9 domains surveyed Roma (26%) Turkish (8%) 7

% of respondents who have been discriminated against in the past 12 months Looking for work Roma (29%) Turkish (7%) 8

% of respondents who have been discriminated against in goods and services in the past 12 months Roma (7%) Turkish (3%) 9

% of respondents who did not report discrimination, out of all those who were discriminated against in the past 12 months Roma (92%) Turkish (95%) 10

Reasons for not reporting discrimination (top 3) 11

Reasons for not reporting discrimination (top 5) – Roma in Bulgaria 12

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% of respondents who do not know of any organisation that can support or give advice to persons who have been discriminated against Roma (87%) Turkish (85%) 14

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% of respondents who have heard of the Equality Body Commission for Protection against Discrimination BG : • Turkish 26% • Roma 19% 16

Transposition of Racial Equality Directive in Bulgaria in EU Comparison • In Bulgaria, the equality body has the power to issue sanctions (fines): this power is given to equality bodies in BG, CY, HU and RO. It is important to sanction discrimination visibly to persuade victims that discrimination is taken seriously. • public interest litigation (actio popularis): this power gives the possibility to equality bodies to be proactive in the fight against discrimination. It is especially important in cases where victims remain unidentified (see Feryn case of CJEU). A similar power is given to equality bodies also in Belgium and Hungary. There is no evidence that this power has been used. • Presence and visibility of equality body and of NGOs in areas, where ethnic minorities live, needs to be increased 17

Thank you very much for your kind attention For more information please visit our website: http: //fra. europa. eu or write and email to us: information@fra. europa. eu 18