Language Research

Constitution of Bulgaria, Adopted on July 12, 1991

The Law on National Education

The Law on Higher Education

Language Law from 1991

The Bulgarian legislation does not contain references to the notion of "minority language"; instead the term "mother tongue" is used.

Updated (June 2002)

The Bulgarian Constitution does not use the term "national minority" but refers instead to "citizens whose mother tongue is not Bulgarian" (Article 36 (2)). Article 54 provides for the right of "everyone to develop his/her own culture in accordance with his/her ethnic belonging." The only variation of this wording is in the decree assigning the tasks of the National Council for Ethnic and Demographic Issues, which refers to "Bulgarian citizens of different ethnic and religious groups" and "Bulgarian citizens belonging to minority groups." Thus the term "national minority" appears nowhere in Bulgarian law, despite ratification of the Framework Convention for National Minorities (FCNM), and there is no enumeration of groups recognized as minorities in law.

The opportunities to use minority languages in dealings with public authorities, as called for in the FCNM, are extremely limited in practice.

The Constitution provides that Bulgarian is the official language of the Republic, but also that "citizens whose mother tongue is not Bulgarian shall have the right to study and use their own language alongside the compulsory study of the Bulgarian language" (Article 3, 36).

However, at the same time, there are more than 100 laws, decrees, ordinances, regulations and binding court decisions on the obligatory use of Bulgarian by public authorities, juridical persons and citizens. These include mandatory and exclusive use of the Bulgarian language in the activities of political parties and of the military; in appeals to the courts and in judicial proceedings; and in civil claims.¹ No legislation has been adopted to regulate the use of minority languages in communications between minorities and administrative authorities, or the public display of traditional local place names in the minority language.

Translators and interpreters are provided by the state in a case of penal proceedings. During prison visits, however, the detainees and visitors must pay for interpretation themselves.² In practice, visits are carried out in Bulgarian, which is difficult for some detainees and their families. During visits to the notary, the parties involved must pay for translation.

EDUCATION

Legal provisions ensuring the right to study minority languages in the Bulgarian education system have not resulted in the organization of classes in the Romani language on a systematic basis. Moreover, Roma culture and language are not given any space within the general curriculum.

The Constitution, the Law on National Education (Article 8) and other legal acts allow for languages other than Bulgarian to be taught as an "obligatory selectable subject" in municipal schools from grade one to eight, four times a week, if minimally eleven students wish to study it. Textbooks and other teaching facilities are provided by the state.³ Though it is legally possible to obtain a university degree in the mother tongue, including the Romani language, this possibility does not exist in practice. There are no provisions allowing for general education in minority languages. At present, Roma children do not exercise their constitutional right to study in their mother tongue.

When between 1990-1991, the possibility to receive mother tongue education was introduced in some Roma schools; a number of Romani language classes were established. According to various estimates, the total number of Roma children studying at these schools reached 4,000. However, courses were not organized or supported systematically, and no measures were taken to ensure provision of teaching materials, teaching standards, or the harmonization of mother tongue classes within the broader educational plan. As a consequence, the number of Roma children studying in the Romani language had gradually decreased to zero by 1999.

MEDIA

Bulgarian law stipulates that programs shall be broadcast in the official language, although it also provides for the possibility to air programs in languages other than Bulgarian, "for Bulgarian citizens whose mother tongue is not Bulgarian."⁴

There are no specific restrictions in law or in practice for the minorities to form media. According to the 2000 Bulgarian Helsinki Committee the presence of the Roma press in the life of Roma is only symbolic. Relatively few Roma have access to Roma periodicals. It means that Roma media cannot survive without some form of external support. However, there are no tax exemptions on minority media initiatives, and no government support for minority media.⁵ Unlike in the case of the Turkish minority, the state-owned electronic media do not produce programs in the Romani language either at local or national level.

As a result, there is only one exclusively Roma electronic outlet, a local cable channel "TV Roma," operating 2-3 hours a day in the neighborhood of Vidin and broadcasting news (in the Bulgarian and the Romani language), songs, and shows for children and adults. In the year 2000, there were several one-hour programs on "Channel 1" of Bulgarian National Television and the private "7 Days TV" dedicated to Roma issues. A joint Roma-Bulgarian staff prepared both programs. In three cities (Sofia, Stara Zagora and Sliven) local radio stations irregularly broadcast programs for Roma, prepared mostly by Roma staff.

At present, two Roma periodicals appear regularly in Bulgaria - the monthly bilingual "Drom Dromendar" of the United Roma Union, (circulation 2,500) and the bi-monthly bilingual "Andral," published by the private SDS, 2000 Editorial House (circulation 500).

Source: http://www.eumap.org/reports/content/10/100/minority_bulgaria.pdf, The EU Accession Monitoring Program Report on Minority Protection, Open Society Institute 2001 on http://www.eumap.org/reports/content/10

¹ Political Parties Act (Art.5); Law of Defense and Armed Forces of the Republic of Bulgaria (Art.9); Tax Procedure Code (Art.122); Law for the Supreme Administrative Court (Art.17 and Art.35); Law on the Judiciary (Art.105); Civil Procedure Code (Art.98).

² Code of Criminal Procedure (Art.11); Law for the Execution of Sentences (Art.33 (1b))

³ Decree No.183, Art.4 states that "textbooks for the study of mother tongue are not paid for by the students," and Art.5 provides that "the finances for mother tongue instruction are supplied by municipal budgets."

⁴ Radio and Television Act, Art.12 (1), Art.12 (2) and Art.49 (1)

⁵ For the entire period between January 1997 and September 2000 the total amount of money spent by the Ministry for Roma cultural activities was 8,400 Leva (Euro 4,500). None was reserved for minority media. In addition, the Ministry included one Roma community center in a joint project with the UN development program. At the same time, the Ministry of Culture spends millions of Leva for different types of mainstream cultural activities and supports a variety of mainstream cultural institutions. Letter from the Ministry of Culture to the Bulgarian Helsinki Committee, 14 September 2000.

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Updated (March 2003)

The Law on Radio and Television (the Law was passed by the 38th National Assembly on September 23, 1998 and on November 13, 1998)

Article 7.

The Bulgarian National Radio (BNR) and the Bulgarian National Television (BNT) shall be a national public radio broadcaster and a national public television broadcaster, respectively, which shall:

1. Ensure programs for all nationals of the Republic of Bulgaria

2. Assist the development and popularization of the Bulgarian language and culture, as well as language and culture of the citizens in accordance with their ethnic origin

(1) The programs of the radio and television broadcasters shall be broadcast in the official language, in accordance with the Constitution of the Republic of Bulgaria.

(2) The programs of the radio and television broadcasters may be transmitted in another language when:

1. They are transmitted for educational purposes

2. They are intended for Bulgarian nationals whose mother language is not Bulgarian

Article 49.

(1) The Bulgarian National Radio and the Bulgarian National Television shall produce national and regional programs; programs intended for abroad, including for Bulgarians living abroad; programs for Bulgarian nationals whose mother language is not Bulgarian, also in their own language.

Article 76.

(2) It shall not be allowed to broadcast advertisements based on national, ethnic, religious, racial, sex or other discrimination.

The National Education Act (promulgated in the State Gazette No. 86/ October 18, 1991, amended SG No. 90/1996)

Article 4

(2) Restrictions or privileges based on race, nationality, sex, ethnic and social origin, religion and social status shall not be tolerated.

Article 8

(1) School education shall ensure mastery of the official Bulgarian literary language.

(2) Pupils, whose mother tongue is not Bulgarian, besides compulsory study of the Bulgarian language, shall have the right to study their own mother tongue outside a state school curriculum under the protection and control of the state.

In Bulgaria there are no legal provisions regulating the use of minority languages in private sphere. The use of a minority language in public is possible only when the use of Bulgarian is not obligatory.

The Judiciary Act

Article 105

(1) Bulgarian is the language used in courts.

(2) The court shall appoint an interpreter when an individual participating in the court proceeding does not speak or understand Bulgarian. In criminal proceedings of a general nature the court shall cover the expenses connected with interpreting.

Code of Civil Procedure

The Code of Civil Procedure has a number of provisions specifying the obligatory use of Bulgarian.

Article 5

The language in courts is Bulgarian. When persons who do not speak Bulgarian participate in the proceedings, the court appoints an interpreter with the help of whom these persons take part in the proceedings and the actions of the court are explained to them.

Article 98 provides that the action must be written in Bulgarian. Article 147 requires that documents presented before the court in any foreign languages must have a Bulgarian translation. Article 478 provides for an appointment of an interpreter in the proceedings before a notary.

Code of Criminal Procedure

Article 11

(1) The criminal proceedings shall be conducted in Bulgarian.

(2) Individuals, who do not speak or understand Bulgarian, can use their mother tongue or another language. In such cases, an interpreter shall be appointed.

Source: Bulgarian Institute for Legal Development, http://www.bild.net/legislation/ and Minority Rights in Bulgaria by the Bulgarian Helsinki Committee, September 1999, http://www.ihf-hr.org/reports/Minoroties/Bulgariafin.pdf

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