GENEVA - Bulgaria violated the right to freedom of association of an ethnic Macedonian, co-founder of a non-profit human rights organisation, when domestic courts rejected his application to register the association without providing a valid legal justification, the UN Human Rights Committee has concluded.
In its Views published today, the Committee reviewed an individual complaint brought before it under the First Optional Protocol. The complainant, a historian by profession, is a member or co-founder of various non-profit organisations of ethnic Macedonians and claims that none of these organizations has been registered in Bulgaria as a result of a policy denying recognition of Macedonian ethnic identity.
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 realisation of the right to freedom of association in an enabling environment is a cornerstone of a democratic society," said Yvonne Donders, member of the Committee. "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," she added.
The Committee concluded that the court decisions lacked clarity and were excessively formalistic, highlighting that the domestic authorities did not consider the supplementary information brought by the complainant in support of his application regarding the non-profit human rights association's activities, nor did they explain which provisions of the Act were breached. Therefore, the Committee concluded that the State Party had not justified the refusal to register the association or demonstrated that the rejection was necessary and proportionate.
"This case also illustrates the key role played by the judiciary in enabling the exercise of the right to freedom of association," Donders said. "The protection of the rule of law is consubstantial to a democratic society, and the Covenant's rights would be theoretical without robust judicial guarantees and access to effective remedies," she added.
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.
