Bulgaria
After
decades of relatively good atmosphere of peace and tranquility amongst the main
minority religions an officially declared atheistic policy is established with
the arrival of the totalitarian communist rule in Bulgaria from 1949(passing of the
law regarding the denominations) till 1989(the collapse of the totalitarian
rule). This atheistic policy led in that period is one of the main reasons why
the predominant part of the Bulgarian citizens today have mainly declarative
and politically dependent attitude towards the religious issues as a whole. One
socially-psychological reality responsible for the conditional character of the
undermentioned
law guarantees regarding the religious freedom.
The right of
free, informed choice and practicing of religion is regulated basically
in article 13 and 37 in the Constitution of the
Republic of Bulgaria.
In the very same beginning in chapter one regarding its fundamental
principles(article 13 – paragraphs 1,2) the principle that all religions and
denominations are free and the religious institutions are apart from the
established government and its policy is declared. Furthermore, in chapter
two(fundamental rights and obligations of citizens), in article 37 basic
definitions of this right are given along with the explanation of the mentioned
grounds which represent the so-called constitutional limit of its exercising.( 1
The freedom of conscience, the freedom of thought and the choice of religion
and of religious or atheistic views shall be inviolable. The state shall assist
the maintenance of tolerance and respect among the believers from different
denominations, and among believers and non-believers. 2 The freedom of
conscience and religion shall not be practiced to detriment of national security,
public order, public health and morals, or of the rights and freedoms of
others.) Also the government’s and country’s obligation in the sphere of
religious rights practicing is declared.
Bulgaria has also ratified couples of
international acts on human rights which according to articles 4 and 5 of the
Constitution of the Republic
of Bulgaria are a part of
our internal legislation. The most important ones amongst them are the European
convention on human rights( article 9 proclaims freedom of thought, conscience and religion) and the
International covenant on civil and political rights( article 18 proclaims
freedom of thought, conscience and denomination). A more detailed definition of
the right of denomination and defining and establishing of the forms in which
it expresses itself is given in the text IN article 2 from the passed at the
end of 2002 Law on denomination.
The
analysis of aforementioned texts leads to the conclusion that the right of
denomination is guaranteed as a personal right, the practicing of which is not
determined by the presence of a state-sanctioned and right-organizing form.
Religion can be practiced freely both from a registered denomination and from a
community of believers who have not registered themselves as juridical persons.
It can even be practiced by a single believer who is not a part of a community
etc. Regardless of the constitutional guarantee for this, the practices of
several executive bodies representing the authorities on a central and local
level during the past few years in Bulgaria(including predominantly
the police and the municipalities’ administrations) show that the right of
practicing a religious activity almost in all cases requires registration.
Article 6, paragraph 2 from the Constitution
guarantees the inadmissibility of limitations regarding the rights or
inadmissibility of privileges based on
certain social criteria one of which is religion. Analogous to this is the text
in article 3 from the Law of denomination.
Particularly important constitutional principles guaranteeing the
religious freedom are the prohibition of
coercion in the choice and changing of your decisions regarding your
religious beliefs along with the principle of
pluralism. The last represents a particularly urging and pressing
problem at present in Bulgaria
regarding the numerous cases of
religious fights, conflicts inside the religious communities and the
consequent disunity. In such cases the purpose of the law is not to create
conditions obstructing such processes’ manifestations by elimination of
pluralism but to guarantee the tolerance between the rival communities,
inclusively with the purpose to solve the current problems according to the
particular internal rules of the religious community and usual right.
Our
conclusion about the degrees of effectiveness and the possibility of defending
the Bulgarian citizens’ rights of religion will not be correct if we are paying
attention and drawing conclusions only from the abovementioned texts regulating
and determining the framework and state of affairs according to which one
should act. The experience over the past few years shows that the issue about
the condition of freedom of religion and denomination is quite sensitive and
controversial and is inseparable from the general condition and state of
affairs in which the law order and lawfulness in the country are.
Taking
into consideration the aforementioned and exposed inadequacy of simple
jurisdictional guarantees for the freedom of religion in Bulgaria, the
degree of social interest and activism is of a paramount importance.
Unfortunately, the conclusions regarding and this guarantee are also not quite
optimistic. The not economic organizations as a whole are more busy and engaged
in activities mostly directed towards the assimilation of funds which have been
granted by donating organizations rather than the sending of specific and clear
messages to the institutions and the society corresponding to the real
condition in which our lawfulness and human rights are. The sense of mission
and conscience in some representatives of the rights defending sector more and
more frequently appears to be missing. Instead we are witnessing prosaic
utilitarianism and a wish for becoming a part of the status quo. The society as
a whole is insensible to the numerous cases in which we encounter drastic
violations of fundamental rights and freedoms including the religious sphere.
Particularly demoralizing role in this regard is played by the judicial system
and mainly in the face of the possessing practically limitless power and
possibilities for exerting pressure(often used) prosecutor’s office. Having
orientated all its actions towards having a wider circulation, in its
relentless pursuit of economic interests and with the absence of a normally
structured society and a formed intellectual elite, the press is being
converted into and becoming one of the greatest hindrances for the
establishment of civil fastidiousness, conscience, position, and long-lasting
and unyielding democratic views and reflexes in the Bulgarian society.
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