LAW ON LUSTRATION IN PARLIAMENTARY PROCEDURE OF BULGARIA

AIM Sofia, 9 September, 1997

The law on lustration of state administration of the former communist party (BKP) has entered parliamentary procedure. The law was drafted by a group from the National Alliance (NS), and the project was elaborated by deputies of the Democratic Party (DP) who observed recommendations of the Parliamentary Assembly of the Council of Europe included in the resolution on dissolution of heritage of former communist totalitarian regimes adopted in 1996.

The draft law prescribes purification of state administration of the entire managing personnel of the BKP - members of its central committee and politburo, party secretaries, members of district, city and revision committees, managers of large state enterprises and associations in the period from 1944 until overthrowing of the communist regime in November 1989. Even persons who were not members of the party but their names were on lists of the Central Committee of BKP will be subject to this law.

It still is not clear whether it will also refer to the leadership of the youth organization of the BKP - Dimitrovski Youth Council (DKMS). "For the time being, the youth communist leadership is still not subject to the law, although there are justified reasons for prosecution of some of the members of CK DKMS. The explanation is that, having been a branch of the BKP, this organization did not make decisions on its own", stated Aleksandar Pramatarski, deputy of the National Alliance.

Persons subject to the law on lustration will not be entitled to take leading posts - starting from the head of an administration to a minister, chairman of a commission or agency elected by the parliament or their deputies. There is a proposal that this should also refer to managers of national media - television, radio and Bulgarian news agency.

Communist cadre will also have to leave boards of directors of enterprises which are mostly state owned. "The old BKP cadre of entrepreneurs in cooperation with mobsters are still draining enterprises", says Nikolaj Hristov, deputy of the NS.

The current and the future deputies will not be subject to this law although there are members of the communist party cadre among them as well. "Deputies are elected by the people, while the law sanctions only nominations", declared deputy Pramatarski, adding that deputies of the Democratic Party would not hesitate to vote in favour of this law even if among members of their party there were persons affected by this law. "I do not think that this draft law should be considered from the standpoint of those who will or will not be affected by this law. Even if there are such persons among us, we shall not stop with it because we are dictated by a principle", adds Pramatarski.

According to assessments of the opposition Bulgarian Socialist Party (BSP), successor of the former communists, about 200 thousand Bulgarians will be subject to this law. At the moment there are 20 thousand persons who are subject to this law and who are holding various posts in the state. But the total number of people who were actively engaged in party activities in the period between 9 September 1944 and overthrowing of the totalitarian regime on 10 November 1989, is 200 thousand Bulgarians.

The Socialists claim that this law is contrary to some provisions of the Constitution of this country. "Introduction of lustration will violate at least seven constitutional provisions connected to the right top vote and be elected, the right to work and to political affiliation. In fact, some international agreements Bulgaria has signed will also be rejected, such as the Declaration on the Rights of Man, the Pact on Civic and Political Rights, the Convention on Protection of Rights and Fundamental Freedoms", declared Bojko Velinov of the BSP.

However, according to drafters of the law on lustration, the aim was not massive persecution of people. "The aim is much more important - to have people at key post in the authorities and national media who will be independent and who will not be influenced by anybody, so that they will make decisions only pursuant the law, to make the entire state administration independent. And it must be independent of its past", stated Pramatarski.

Representatives of the former communist party advocate that this law should not treat all the high officials equally. "How will the drafters of this law prove that these persons were harmful only because in the then existing constitutional system they were appointed by a decision of a party body. It is impossible to take it for granted that if someone was not a member of the party then is fit for state administration now", says Nikola Kojcev, deputy of the BSP and head of Sofia Socialists.

The ruling anti-communist Alliance of Democratic Forces (SDS) was also not resolute and single-minded about this draft law. First, the President of the country, Petar Stojanov, elected by the votes of the SDS and NS, expressed certain doubts about introduction of lustration. "I do not think that adoption of the law on lustration would have a stimulative and healing effect in Bulgarian society. This law is seven years late. Had it been adopted in 1991, we could have offered a hand to each other in a healed society and continued forward on the road of national harmony", declared Stojanov who is in the background of the signed declaration on national harmony which is unprecedented in the history of democratic Bulgaria.

Prime Minister Ivan Kostov expressed a similar opinion. "I share concern of the President of the country that the drafted law on lustration has come too late and that it will not solve the present problems", he declared. According to him, a very small number of members of the former leadership of BKP would be affected by this law. This cadre has left the top echelons a long time ago and are nowadays successfully engaged in Business. "If this draft law enters parliamentary procedure, it will create tensions among political forces and disturb national harmony I greatly appreciate", said Prime Minister Kostov.

In the past seven years in Bulgaria the question of adoption of the law on lustration was opened a few times before, along with that of opening of dossiers which would mark a new beginning of social relations. This has not happened for several reasons. "In 1990, the BSP won the elections and this prevented us from adoption of the law on lustration at the time. After that the National Assembly had similar intentions, but there was no time to do it", says Vladimir Dzaferov from the National Alliance. As a result, the Bulgarian parliament discussed cleansing of the state administration of members of the former communist party as part of the discussion about texts of other laws. This was the case of the banking law, the law of "Panev" and the amendment of Aleksandar Jordanov to the Law on Pensions (which reduced pensions of former paid party secretaries).

Precisely a year ago, the Parliamentary Assembly of the Council of Europe with one of its resolutions, recommended to former socialist countries to adopt the law on lustration and opening of dossiers. Deputy Jelena Poptodorova, at the time still a member of the group of deputies of the BSP, voted against provisions which referred to "decommunization". According to her opinion, a specific sanitary knot would have been created in this way. "Many would wish to forget their own past", stated Poptodorova.

And yet, the Czech Republic, Germany and Poland have adopted such laws - Polish assembly only three months ago. Drafters of the law on lustration in Bulgaria are hoping to apply the favourable experience of other former socialist countries. "When we were elaborating the draft law in the National Alliance, we took into consideration the decision of the Parliamentary Assembly of the Council of Europe, we used the experience of the Czech Republic and of Poland. These states have done it and we can see the results they have achieved", says Dzaferov. "It is possible that practical effects of this law will not be great, but the sentence must be passed", lawyer of the National Alliance, Aleksandar Dzaferov is resolute.

(AIM SOFIJA)

GEORGI FILIPOV