STATEMENT

From “POSITIVE PERSONAL SKILLS IN SOCIETY” FOUNDATION

by project for the Resolution of the Council of Ministers (RCM) for the adoption of the Rules for the structure, organization, and activities of the National Council for Protection from Domestic Violence, published for public consultation on 21.09.2023, www.strategy.bg

As an organization registered for public benefit and working for over 24 years on programs for prevention and direct services for individuals and children affected by violence, trafficking, and other at-risk groups, the "Positive Personal Skills in Society" Foundation declares its support FOR the adoption of the proposed Draft Resolution of the Council of Ministers for the adoption of the Rules for the structure, organization, and activities of the National Council for Protection from Domestic Violence.

General comments on the project

With the latest changes and additions to the Domestic Violence Protection Act (Official Gazette, issue 66 of August 01, 2023), the National Council for Prevention and Protection from Domestic Violence (the National Council) is established as a specialized, permanently functioning collective body for the implementation of state policy on the prevention and protection from domestic violence. It operates through coordination, monitoring, and evaluation of policies and measures for the prevention and protection from domestic violence.

With the draft of the RCM for the adoption of the Rules for the structure, organization, and activities of the National Council for Protection from Domestic Violence, the rules for conducting council meetings, the rules for the selection of legal entities with non-profit purposes engaged in activities for the prevention and protection from domestic violence and participating in the composition of the National Council (but not receiving funding under the DVPA), the rules for ensuring transparency in the council's activities, the decision-making process, etc., are regulated. The composition of the National Council is intended to be determined by an order of the Prime Minister. The responsibilities of the chairman, secretary, and specialized unit are specified.

We believe that the RCM for the adoption of the Rules for the structure, organization, and activities of the National Council for Protection from Domestic Violence is an important tool to create a comprehensive framework, policies, and measures for the protection and assistance of all victims of domestic violence.

As an organization with expertise working nationwide and in a European context on the prevention and combat of violence against individuals and children in all its forms, including domestic violence, we endorse the proposed changes in the project concerning the first objective - the establishment and functioning of the National Council for Protection from Domestic Violence. It is of particular importance to create mechanisms for the engagement of the state alongside non-governmental organizations in eliminating domestic violence, as well as providing support and assistance to victims and developing preventive programs, including specialized programs for working with perpetrators of domestic violence.

"Our position on the separation through the RCM project with the Regulatory Rules of the Council of Ministers and its administration of the Department 'Protection of Vulnerable Groups and Interaction with Civil Society' is as follows:

We do not agree with the proposal for the Department 'Protection of Vulnerable Groups and Interaction with Civil Society' to perform the functions of the Secretariat of the National Council for Protection from Domestic Violence and to provide administrative-technical, organizational, expert, financial servicing, and support for the implementation of the functions of the National Council.

We do not agree with the proposal, namely: „Article 6 (8) The administrative-technical, organizational, expert, and financial servicing and support for the implementation of the functions of the National Council are carried out by the secretariat. The secretariat of the National Council is the Department 'Protection of Vulnerable Groups and Interaction with Civil Society' within the administration of the Council of Ministers.

§ 1. In the Regulatory Rules of the Council of Ministers and its administration, adopted by Decree No. 229 of the Council of Ministers in 2009, a new paragraph 8 is envisaged: '(8) Department 'Protection of Vulnerable Groups and Interaction with Civil Society':

1. In the field of prevention and protection against domestic violence: a) develops projects for strategic documents and operational documents related to them and reports on their implementation; b) analyzes the results of the implementation of policies in the field of prevention and protection against domestic violence and proposes measures to enhance their effectiveness through monitoring and impact assessment; c) coordinates the development of three-year national programs.; 2. In the field of ethnic and integration issues: a) supports the Council of Ministers in developing and implementing state policy on ethnic and integration issues; b) develops projects of strategic documents and operational documents related to them and reports on their implementation; c) analyzes, monitors, and evaluates policies on ethnic and integration issues; d) provides methodological support and coordinates the activities of regional and municipal councils on ethnic and integration issues; e) establishes and maintains a register of national and territorial structures - state, regional, and local institutions and public organizations working on ethnic and integration issues; the register is published on the National Council's website; f) performs the functions of the secretariat of the National Council for Cooperation on Ethnic and Integration Issues.“

We believe that the quoted proposal does not meet the legal requirements and is impractical, as it envisions the unit 'Protection of Vulnerable Groups and Interaction with Civil Society' instead of an independent unit to the Council of Ministers. This undermines the meaning and purpose of the Law on Protection against Discrimination, which aims for an independent policy in this area. Such a consolidation will redirect resources and the fight against domestic violence towards ethnic groups such as Roma, Turks, etc., which deviates from the goal pursued by the law.

Also, with the proposal for a secretariat and a department with a mixed name, the goal of the Domestic Violence Law is circumvented and even concealed. The topic of "domestic violence" is not even present in the department's name; instead, the service to the National Council is grouped with themes related to vulnerable groups and civil society. The requirement for a clear policy in the field of "domestic violence", which is thematic with a specific target group, has been replaced. Individuals at risk and those affected by domestic violence are not classified as a specific vulnerable group, although they are in a precarious situation and in need of special measures and programs.

The thematic area of prevention and protection from domestic violence covers a wide range of issues related to specific prevention, prompt judicial protection, special measures and programs for prevention, recovery, and support for victims, their children, etc. It is a broad and independent field, far from being limited to specific vulnerable groups or working with civil society, as proposed in the RCM project. We make a clear distinction on these issues, emphasizing that problems related to vulnerable groups and relationships with civil society deserve special and separate attention, which should be reflected in the structure of the Ministry of Social Affairs, where and as needed.

In conclusion, we believe that instead of the proposed administrative solution for servicing the National Council for Protection from Domestic Violence by the Department "Protection of Vulnerable Groups and Interaction with Civil Society" in the RCM project, it should be established as a specialized administration, a special department, or a division for the prevention and protection from domestic violence. For such a department to meet the requirements of the Administration Act for quality administrative services, the employees working in it should be well-trained and highly specialized. The department or division should have the potential to address other forms of gender-based violence related to domestic violence.

12.10.2023

RESPECTFULLY,

EKATERINA VELEVA

Chairperson

PULSE Foundation

Att. MARIYANA EVTIMOVA

Executive Chairperson

PULSE Foundation