Legal Framework
The constitution states freedom of conscience and choice of religion or no religion are inviolable, prohibits religious discrimination, and stipulates the state shall assist in maintaining tolerance and respect among believers of different denominations, as well as between believers and nonbelievers. It states the practice of any religion shall be unrestricted except to the extent its practice would be detrimental to national security, public order, health, and morals, or the rights and freedoms of others. It states no one shall be exempt from obligations established by the constitution or the law on grounds of religious or other convictions. The constitution also stipulates the separation of religious institutions from the state and prohibits the formation of political parties along religious lines or organizations that incite religious animosity, as well as the use of religious beliefs, institutions, and communities for political ends. The law does not allow any privilege based on religious identity.
The constitution names Eastern Orthodox Christianity as the country’s traditional religion. The law establishes the BOC as a legal entity, exempting it from the court registration that is mandatory for all other religious groups seeking legal recognition.
The penal code prescribes up to three years’ imprisonment for persons attacking individuals or groups based on their religious affiliation. Instigators and leaders of an attack may receive prison sentences of up to six years. Those who obstruct the ability of individuals to profess their faith, carry out their rituals and services, or compel another to participate in religious rituals and services may receive prison sentences of up to one year. Violating a person’s or group’s freedom to acquire or practice a religious belief is subject to a fine of between 100 and 300 levs ($63-$190). If a legal entity commits the infraction, the fine may range from 500 to 5,000 levs ($310-$3,100).
To receive national legal recognition, religious groups other than the BOC must register with the Sofia City Court. Applications must include: the group’s name and official address; a description of the group’s religious beliefs and service practices, organizational structure and bodies and management procedures, bodies, and mandates; a list of official representatives and the processes for their election; procedures for convening meetings and making decisions; and information on finances and property and processes for termination and liquidation of the group. The Directorate for Religious Affairs under the Council of Ministers provides expert opinions on registration matters upon the court’s request. Applicants must notify the Directorate for Religious Affairs within seven days of receiving a court decision on their registration. Applicants may appeal negative registration decisions to the Sofia Appellate Court and, subsequently, the Supreme Cassation Court. The law does not require the formal registration of local branches of registered groups, only that branches notify local authorities, and local authorities enter them in a register. Local branches are not required to obtain registration from the local court. The law prohibits registration of different groups with the same name in the same location. The Directorate for Religious Affairs and any prosecutor may request that a court revoke a religious group’s registration on the grounds of systematic violations of the law. There are 203 registered religious groups in addition to the BOC.
Registered religious groups must maintain a registry of their clergy and employees, provide the Directorate for Religious Affairs with access to the registry, and issue a certificate to each clerical member, who must carry it as proof of representing the group. Foreign members of registered religious groups may obtain long-term residency permits, but for the foreign member to be allowed to conduct religious services during his or her stay, the group must send advance notice to the Directorate for Religious Affairs.
The law requires the government to provide funding for all registered religious groups based on the number of self-identified followers in the latest census (2011), at a rate of 10 levs ($6) per capita to groups that comprise more than one percent of the population and varying amounts for the rest.
Registered groups have the right to perform religious services; maintain financial accounts; own property such as houses of worship and cemeteries; provide medical, social, and educational services; receive property tax and other exemptions; and participate in commercial ventures.
Unregistered religious groups may engage in religious practice, but they lack privileges granted to registered groups, such as access to government funding and the right to own property, establish financial accounts in their names, operate schools and hospitals, receive property tax exemptions, and sell religious merchandise.
The law restricts the wearing of face-covering garments in public places, imposing a fine of 200 levs ($130) for a first offense and 1,500 levs ($940) for repeat offenses.
The law allows registered groups to publish, import, and distribute religious media. The law does not restrict proselytizing by registered or unregistered groups. Dozens of municipalities, including the regional cities of Kyustendil, Shumen, Stara Zagora, and Sliven, have ordinances prohibiting door-to-door proselytizing and the distribution of religious literature without a permit. The ordinances in Stara Zagora and Kyustendil remained in effect despite a 2018 Supreme Administrative Court ruling that they were unconstitutional. Several municipalities, including Shumen, Kyustendil, and Sliven, prohibit unregistered religious groups from conducting any religious activities. Some municipalities prohibit religious activities inside cultural institutes, schools, and establishments for youth and children.
By law, public schools at all levels may, but are not required, to teach the historical, philosophical, and cultural aspects of religion and introduce students to the moral values of different religious groups as part of the core curriculum. A school may teach any registered religion in a special course as part of the elective curriculum upon request of at least 13 students, subject to the availability of books and teachers. The Ministry of Education and Science approves the content of and provides books for these special religion courses. If a public school is unable to pay for a religion teacher, it may accept financial sponsorship from a private donor or a teacher from a registered denomination. The law also allows registered religious groups to operate schools and universities, provided they meet government standards for secular education.
The Commission for Protection against Discrimination is an independent government body charged with preventing and protecting against discrimination, including religious discrimination, and ensuring equal opportunity. It functions as a civil litigation court adjudicating discrimination complaints and does not charge for its services. The commission’s decisions may be appealed to administrative courts. Upon accepting a case, the commission assigns it to a panel that then reviews it in open session. If the commission makes a finding of discrimination, it may impose a fine of 250 to 2,000 levs ($160-$1,300). The commission may double fines for repeat violations. Regional courts may also try civil cases involving religious discrimination.
The law establishes an independent ombudsman to serve as an advocate for citizens who believe public or municipal administrations or public service providers have violated their rights and freedoms, including those pertaining to religion, through their actions or inaction. The ombudsman may request information from authorities, act as an intermediary in resolving disputes, make proposals for terminating existing practices, refer information to the prosecution service, and request that the Constitutional Court abolish legal provisions as unconstitutional.
The penal code provides up to three years’ imprisonment for forming “a political organization on religious grounds” or using a church or religion to spread propaganda against the authority of the state or its activities.
The penal code prohibits the propagation or incitement of religious or other discrimination, violence, or hatred “by speech, press, or other media, by electronic information systems or in another manner,” as well as religiously motivated assault or property damage. Either offense is punishable by imprisonment for one to four years and a fine of 5,000 to 10,000 levs ($3,100-$6,300), as well as “public censure.” The propagation of “fascism or another antidemocratic ideology” is punishable by imprisonment for up to three years or a fine of up to 5,000 levs ($3,100). Courts have found that Nazism falls within the purview of “antidemocratic ideology.” Desecration of religious symbols or sites, including places of worship or graves, is punishable by up to three years’ imprisonment and a fine of 3,000 to 10,000 levs ($1,900-$6,300).
The law provides for restitution of real estate confiscated during the communist era; courts have also applied the law to Holocaust-related claims.
The law allows religious groups to delay until 2029 paying back outstanding revenue obligations incurred before December 31, 2018.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On December 10, the Plovdiv Appellate Court began proceedings involving 14 Romani Muslims, 12 of whom appealed their lower-court convictions on charges of supporting ISIS, assisting foreign fighters, and propagating Salafi Islam, characterized by the government as an antidemocratic ideology, and incitement to war. The prosecution appealed the sentences of 13 defendants to seek more severe punishments. In 2019, the Pazardjik District Court sentenced the group’s leader, Islamic preacher Ahmed Mussa, to 8.5 years in prison, while the rest of the men received prison sentences ranging from 12 to 42 months. The only woman in the group received a two-year suspended sentence.
Some religious groups complained of unequal treatment by the authorities during a COVID-19 state of emergency in effect from March 13 to May 13 when all indoor public gatherings were prohibited. Catholic, Armenian Apostolic Orthodox, and most Protestant churches switched to online services, while Muslims and Jews closed mosques and synagogues. BOC churches remained open, without penalty. In October, authorities initiated prosecution against Church of God-Bulgaria pastor Nikolay Vasilev, accusing him of holding an Easter service in Samokov in breach of the ban on public gatherings. According to press reports, more than 100 of the participants at the outdoor event received administrative fines. In a public declaration in April, the Evangelical Alliance stated the authorities’ actions against the Samokov church interfered in the internal affairs of a Protestant church in an attempt to disrupt its services and persecute its clerics and worshippers. According to Vasilev as well as videos from the event posted online, the organizers observed all required health measures, including maintaining appropriate physical distance and wearing masks. At year’s end, the trial had not been scheduled. The maximum penalty for a conviction is five years’ imprisonment and a 15,000-lev ($9,400) fine.
In February, the European Court of Human Rights ordered interim measures to stop the expulsion of three Uyghur Muslims who had been denied asylum in 2017 and were facing deportation to China. The State Agency for National Security ordered their expulsion in 2018 on national security grounds. NGOs reported the Uyghurs had already fled Bulgaria in 2019 to another European country.
Jehovah’s Witnesses said the legal requirement for reporting to the government the names and contact information of all clerics violated the freedom of nondeclaration of religious affiliation guaranteed by the constitution. The Church of Jesus Christ said the legal requirement for providing the government full access to the records of its clerics and personnel was a violation of privacy. The Papal Nuncio also said the requirement imposed a burden on the local Catholic community, which did not have enough staff.
In February, the Shumen Administrative Court determined that the provision in a Shumen municipality ordinance restricting proselytizing violated the country’s constitution but stated the provisions prohibiting religious activities inside cultural institutes, schools, and establishments for youth and children were an “adequate and proportionate measure to protect children.”
Dean Stanchev, Member of Parliament from the United Patriots coalition and part of the governing coalition, posted on social media his “outrage” at the court’s decision, describing Jehovah’s Witnesses as a “dangerous sect” and stating that the Internal Macedonian Revolutionary Organization (VMRO) political party would continue to “fight against its [Jehovah’s Witnesses’] parasitic activities” in order to “clear them from public spaces and people’s homes.” At year’s end, both the municipality and Jehovah’s Witnesses had appealed the decision to the Supreme Administrative Court.
Contrary to previous years, Jehovah’s Witnesses did not report any acts against their members while engaged in proselytizing. They attributed the change to reduced proselytizing due to COVID-19 restrictions. In February, the mayor of Dobrich and the local chief of police met with representatives of Jehovah’s Witnesses to apologize for a December 2019 incident in the city center, when police brought two proselytizing Witnesses to the local precinct and accused them of violating public order. The mayor and the police chief said the officers had acted out of ignorance and inexperience and committed to providing police with the necessary information to avoid further incidents.
In May, June, August, and December, the government allocated 10.2 million levs ($6.4 million) in funding for repair and maintenance of BOC facilities in Sofia, Varna, Krustova Gora, Rila, Shipka, and Koprivets. In June, the Council of Ministers said it would provide an annual subsidy of one million levs ($627,000) to the three monasteries under the BOC Patriarch’s jurisdiction.
In July, the Supreme Administrative Court overturned a lower court’s decision and ruled the Catholic Church did not owe property tax from a 2009 claim by Sofia Municipality, which had not recognized the religious status of two Catholic monasteries located in the municipality.
The Office of the Grand Mufti and regional Muslim leaders said several municipalities, including Sofia, Stara Zagora, and Haskovo, continued to reject, on what they said were nontransparent grounds, their requests to build new, or rehabilitate existing, religious facilities. In October, Grand Mufti Mustafa Hadji raised the issue in a meeting with Sofia Mayor Yordanka Fandakova, but by year’s end, the mayor’s office had not provided any information on the city’s continued rejections of the construction applications.
According to Razgrad Mufti Mehmed Alya, local public perception about restoring the landmark Makbul Ibrahim Pasa Mosque in Razgrad, which had been closed for nearly 50 years, to a functioning mosque shifted from negative to positive due to efforts by Regional Governor Gunai Husmen in the previous three years. In October, local authorities used a 2.3-million-lev ($1.44-million) grant from the national government to start renovating the mosque, which was listed officially as a cultural monument and therefore owned by the national government. New Mayor Dencho Boyadjiev agreed that the mosque could reopen for religious services after restoration, while the Muslim community, in turn, agreed that the mosque would be available for tourist visits when not in religious use.
The Office of the Grand Mufti said it was continuing to search for ways to litigate its recognition as the successor to the pre-1949 Muslim religious communities for the purpose of reclaiming approximately 30 properties, including eight mosques, two schools, two baths, and a cemetery seized by the former communist government. Pending a decision on who was the rightful successor to the Muslim religious communities, the courts continued to suspend action on all restitution claims by the Office of the Grand Mufti.
The national public school elective curriculum continued to provide three sets of classes at various grade levels in religious studies: one for Christianity, one for Islam, and one for all religions as ethical systems. In July, the Ministry of Education approved official school textbooks for students from first to fifth grade in the three programs that schools began using in the academic year. The Office of the Grand Mufti stated that some regional education inspectors attempted to persuade principals of schools offering an Islamic studies program to select members of their faculty to be trained as teachers for the program in order to replace teachers who were alumni of the High Islamic Institute. In November, the High Islamic Institute and the Office of the Grand Mufti commenced a project to retrain members of the Muslim community in pedagogical education as teachers of Islam.
In February, the Supreme Administrative Court upheld Sofia Mayor Fandakova’s ban on an annual march of right-wing extremists from across Europe to honor Hristo Lukov, the 1940s leader of the anti-Semitic, pro-Nazi Union of Bulgarian National Legions. The mayor’s ban cited serious concerns that a torchlight march in downtown Sofia would disrupt public order and restricted the event to laying flowers at Lukov’s plaque in front of his house on February 22. In previous years, the Sofia Administrative Court had overturned the mayor’s banning of the march. The Ministry of Foreign Affairs, the Democratic Bulgarian alliance, the Bulgarian Socialist Party, NGOs, international organizations, and diplomatic missions had denounced the rally. On February 10, a Sofia prosecutor petitioned the Sofia City Court to deregister the rally organizer, Bulgarian National Union-Edelweiss, stating its activity violated individual rights; incited ethnic, racial, and religious hostility and homophobia; spread anti-Semitic propaganda; and undermined national integrity. At year’s end, the case continued in the Sofia City Court.
On January 17, the Bulgarian Academy of Sciences organized a roundtable cohosted by the Ministry of Defense to present a report, Jews’ Labor Obligation during World War 2: Rescue Plan or Repressive Measure?, which denied that authorities forced the male Jewish population into labor camps in the early 1940s and stated that instead the Army Labor Corps drafted Jews as part of a government plan to save them from the Nazis. The Ministries of Education and Culture, VMRO, and several NGOs, such as the Bulgarian-Jewish Research Institute and the Independent Historical Society, supported the roundtable. Shalom criticized the event as “an alarming revisionist attempt to distort the history of the Holocaust” at all institutional levels. In a speech on January 30, Foreign Minister Ekaterina Zaharieva stated that sending Jews to labor camps during World War II was part of the “anti-Semitic repressive machine” established with anti-Semitic legislation.
In July, the municipal council in Blagoevgrad, at the request of Sunni Muslim community leaders, rejected a 10,000-euro ($12,300) donation from the Ahmadi Muslim Community to the city for general emergency relief assistance “in order not to legitimize the organization and its activity in the region.”
The national budget allocated 33.34 million levs ($20.92 million) to registered religious groups for current expenses, such as remuneration for their employees and clerics, education activities, and cemetery maintenance, as well as capital investments, such as construction and maintenance of religious facilities and related expenses, compared with 31.27 million levs ($19.62 million) in 2019. Of the 33.34 million, 27.2 million levs ($17.06 million) went to the BOC; 5.77 million levs ($3.62 million) to the Muslim community; 160,000 levs ($100,000) to Protestant denominations; and 70,000 levs ($43,900) each to the Catholic Church, AAOC, and the Jewish community. No other registered religious groups received government funding. Evangelical Alliance representatives again said Protestants did not receive their fair share of government funding, possibly because they were not represented by a single organization, even though their numbers exceeded one percent of the population.
According to NGOs, souvenirs exhibiting Nazi insignias and imagery continued to be widely available in tourist areas around the country and local governments lacked political will to deal with the problem. The National Coordinator for Combating Anti-Semitism stated that when alerted to them, the national government took steps to close vendors selling Nazi souvenirs.
In May, during Ramadan, President Rumen Radev met with Grand Mufti Mustafa Hadji. Both stated that government and religious institutions must promote solidarity, charity, and mutual assistance among the people.
In August, Shalom expressed concern regarding a statement by Defense Minister Krasimir Karakachanov, who invoked the name of a Jewish-American financier, saying that NGOs linked to him “want to take the power in order to introduce gay marriage.” Shalom stated that, while such statements did not mention the financier’s Jewish heritage, they “have a strong anti-Semitic character and suggest that Jews interfere in the social and economic affairs of countries in the world.”
In March, the Supreme Cassation Court found Boris Yachev, Member of Parliament from the United Patriots coalition, guilty of slander and ordered him to pay 3,000 levs ($1,900) to Jehovah’s Witnesses for a series of statements about them on his party’s SKAT TV that the court ruled “incite religious hatred and threaten to hinder [the religious group’s] activity.” The court overturned two lower court rulings that had found Jehovah’s Witnesses were not eligible to receive compensation for damages resulting from the statements. In his statements, which he made in 2014, Yachev vowed to use his position in parliament to “restrict the unhindered invasion by [religious] emissaries of Bulgarian cities and villages,” describing Jehovah’s Witnesses as “one of the most dangerous and arrogant sects” that needed to be restricted by legal means.
Deputy Foreign Minister Georg Georgiev served as the national coordinator for combating anti-Semitism, publicly denouncing hate speech and anti-Semitism. On November 9, Georgiev commemorated the Kristallnacht anniversary, saying he is proud to be “part of a common cause for ensuring an environment free of any forms of hate speech” by remembering the lessons of history. On December 23, Georgiev denounced the defacement of Plovdiv Synagogue’s front gate with graffiti reading “Israel=Nazis,” calling it a “repulsive,” “undignified,” and “barbarian” act. He stated, “It is essential for every democracy to allow the free expression of political and civilian views, but not by vandalizing, insulting, and violating others’ rights.”
The country is a member of the International Holocaust Remembrance Alliance.
