The United Nations Human Rights Committee has assessed that Bulgaria violated freedom of association by refusing to register an organization of ethnic Macedonians to protect their rights, United Macedonian Organization Ilinden–Pirin has said in a social media post Saturday.
In this specific case, the complainant filed an application to the authorities for registration of a NGO, Human Rights Protection Committee “Tolerance”, based on the Non-Profit Legal Entities Act (NPLEA). Despite having submitted all relevant documents and additional requested information on the activities of the association, he received an unreasoned decision rejecting the registration merely citing several provisions of the Act. This negative decision was further confirmed by the Court of Appeal without specific reasoning.
The complainant brought his case before the Committee, claiming that his right to freedom of association was violated because the domestic judicial authorities failed to provide clear, detailed, and comprehensive reasoning for denying the registration of the association he represented.
“The full realization of the right to freedom of association in an enabling environment is a cornerstone of a democratic society. The existence of associations that peacefully promote ideas of tolerance and coexistence of various ethnic groups must be protected, even if their views are not shared by the authorities or the majority of the population. This expression of pluralism, diversity and tolerance guides the current work of the Committee related to its draft General Comment No. 38 on the right to freedom of association,” said Yvonne Donders, member of the Committee.
The Human Rights Committee called on Bulgaria to review the domestic judicial decisions refusing registration and to provide the complainant with adequate compensation, including reimbursement of the fees and other legal expenses resulting from the violation. It also requested Bulgaria to report back within 180 days, detailing the measures it has taken to remedy the situation.
