PROTECTING ASYLUM-SEEKERS AND MIGRANTS. MONITORING FORCED
RETURN
In 2015 Bulgarian institutions continued experiencing serious difficulties with reception,
registration and provision of basic internationally recognized humanitarian needs such as
living conditions; medical and dental services; food and security to asylum-seekers.
• Supervision of asylum-seekers leaving the reception centres of their own accord is lax,
which makes them liable to become victims of trafficking.
• The NPM points out for a second year in a row that there is no programme for the
integration of beneficiaries of international protection and recommends the adoption of such
a programme.
• Some of the amendments made in 2015 to the Asylum and Refugees Act allow for
arbitrary detention of asylum-seekers. The amendments provide for placing asylum-seekers in
closed-type facilities without prescribing a maximum duration or suo motu review of
detention.
In 2015 Europe experienced the worst refugee crisis after World War II – a fact reiterated daily
by the media, politicians, experts and public at large who keep discussing what measures the
European countries should take to tackle the influx of refugees and migrants. Questions,
opinions, ideas and suggestions are profuse. However, no answers have been found yet how to
strike a fair balance between the public interest and protection of individual rights.
In the opinion of Nils Muižnieks, Council of Europe Commissioner for Human Rights, asylum
seekers are not the reason for the failing asylum and migration systems in Europe. The genuine
reasons are political.
The only viable position that the Ombudsman institution can take is to promote tolerance,
solidarity and protection of people fleeing war and conflicts.
In the last three years the Ombudsman acting as National Preventive Mechanism (NPM) has
been monitoring and analyzing the refugee and migration processes in Bulgaria. The NPM
published two thematic reports on the problems regarding refugees and migrants in the country.
In the period from 25 May to 12 June 2015 the NPM conducted its planned inspections on the
respect for the rights of migrants and asylum seekers and visited all regional units of the State
Ahency for Refugees with the Council of Ministers, the special centres for temporary
accommodation of foreigners in Lyubimets and Sofia, as well as the distribution centre in
Elhovo. Unfortunately many of the recommendations concerning systemic problems of these
vulnerable persons have not been taken into account by the responsible administrative
authorities and problems persist instead of being resolved.
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