Varna Municipality Violated International Law by Demolishing Homes in the Maksuda Neighborhood

On 20 August, 2015 Varna Municipality in cooperation with state authorities carried out forced evictions of hundreds of people living in the Maksuda neighbourhood in Varna. The inadequate and poorly planned actions of the municipal and state authorities created a humanitarian crisis that threatens the health and lives of many people, most of whom children.

The Bulgarian Helsinki Committee (BHC) found out more about the situation of the victims of the forced eviction on site the day after the events. BHC researchers interviewed affected citizens, municipal and government officials, NGO representatives, managers and employees in social institutions, as well as witnesses. We acquainted ourselves with the available documentation on the case, including what was sent to local and international authorities that protect the rights and interests of those affected. The available information circulated in print and electronic media was also analysed.

The municipal action that took place on 20 August is one of the largest forced evictions carried out by the Bulgarian authorities since the beginning of the democratic changes in Bulgaria. According to the available official information 58 houses were planned to be demolished and 46 of them have been destroyed. The authorities did not disclose the number of residents from the demolished houses, but many of them are children and single mothers. According to the official data, in all 58 homes, subject to demolition, live a total of 520 people, of whom 233 are children. The number of people who are officially registered inhabitants is 490, of whom 211 are children. Based on the average number of inhabitants in all houses, it can be concluded that on August 20 more than 400 people, including over 150 children, were left homeless. For most families this was the only home, in which they lived undisturbed by the authorities for many years, in some cases for more than a decade.

The forced eviction was followed by severe weather conditions, low temperatures and rain. Affected individuals and families were not provided with adequate information on the exact day and hour of the demolition. This led to the destruction of the personal property of many residents of destroyed homes, including clothing, appliances, and furniture. Moreover, some people were not in their homes when the demolition began and subsequently were not allowed by the police to collect their belongings.

Based on testimonies from the affected persons and eyewitnesses, BHC received information about a number of offenses committed by police officers before, during, and after the forced eviction, including: a resident of the Maksuda neighbourhood was taken to the police station in order to be intimidated or prevented from joining and organizing protests; an NGO representative who was on site at the time of the forced evictions was pressured; people were pushed and hit with batons and threats were made against women who were victims of the evictions; there were racist insults.

Despite the fact that Varna municipality’s attempts to offer alternative accommodation to the homeless families is a step in the right direction, in fact, no prior discussion with the affected parties took place and no alternatives to the forced eviction were considered. There has been no preliminary and adequate analysis of the number of persons that would be affected by the evictions, including how many children, elderly people, people with disabilities and other vulnerable groups, as well as their options for alternative shelter. This led to the untimely, chaotic and extremely inadequate actions by the Varna Municipality and the social workers from the Social Assistance Agency in Varna in terms of providing alternative accommodation in order to prevent the homelessness of the affected people. As a result, a number of children and their parents spent the night of August 20 in the open or in makeshift shelters in the cold while it was raining.

Despite the authorities’ claim that all affected individuals had been offered accommodation in social services, BHC received credible information that this was not done for everyone, in a language they understood and after careful consideration of the available alternatives with each individual household.

According to official information from the municipal authorities, on the day of the eviction alternative shelter was provided to only 40 people at the temporary shelter for homeless persons and those in need, located in the building of the Dr Anastasia Zhelyazkova Social-Educational Institution. Other possible alternatives, circulated by authorities, including the Gavrosh shelter for neglected children and the Mother and Baby Department, were in fact inaccessible due to the placement procedure in these services. The very option for accommodation alternatives was considered by the municipality on the eve of the evictions without any preparation. Many of the people, who were not offered alternative accommodation, including children, had to spend the night outside or in makeshift shelters. Even though on the following day the process of securing people a place in the shelter continued, this is happening gradually, while a number of people continue to stay in bad conditions, deprived of their home.

The partially secured alternative accommodation is a temporary and uncertain measure. Placement is given without an issued accommodation order and is based solely on a verbal agreement with the management of the shelter. The arranged accommodation period is one month, which essentially makes the placement in social services an inadequate alternative to the destroyed homes of victims. For the people placed in the shelter there seem to be no prospects after this deadline.

The initial capacity of the shelter, which houses some of those left homeless, was 50 places. But even before the placement of the affected persons from the Maksuda neighbourhood, its capacity was almost twice exceeded.[1] Official information from the Varna Municipality states that as of August 21, 20 adults and 28 children are placed in the shelter, making the number of people staying there almost three times more than the number of available places. When BHC tried to evaluate the accommodation conditions on 21 August, the municipal authorities denied the organisation access, stating that it will be possible only on business days and in the presence of a municipality representative. In this way, Varna Municipality rejects the possibility for independent non-governmental monitoring of the conditions in which the placed persons reside. In recent years BHC has carried out monitoring of this type in agreement with the authorities in all closed institutions in Bulgaria, including those with strict imprisonment conditions.

Regardless of the gross human rights violations so far as a result of forced evictions, the municipal authorities in Varna stated their intent to continue with the demolition of the remaining 12 houses currently planned for demolition, as well as another 150 houses in the Roma neighborhood.[2] These actions were supported by the Minister of Regional development, Liliana Pavlova.[3]

The actions of the municipal authorities in Varna, where illegal construction is not limited to the only homes of the families in the Maksuda neighborhood, are unfair and discriminatory. They are carried out for an amoral electoral goal, to earn political dividends on the basis of anti-Roma prejudice and hatred. International standards require that in cases where the forced eviction from illegal construction concerns the only accommodation of the affected people, authorities must carry out prior consultation with them and avoid rendering them homeless in both the short and the long term. These standards also prohibit inhumane and degrading treatment, as well as other related to the evictions violations of human rights, such as separation of families and destruction of the property of the affected. Since 2006, Bulgaria has been sanctioned in relation to forced evictions from illegal housing in Roma neighborhoods by three international bodies - the European Committee of Social Rights, European Court of Human Rights and the Committee on Human Rights of the UN. In all cases these bodies found discrepancies between the Bulgarian legislation regulating forced evictions and various human rights norms in international law. The competent Bulgarian authorities have not made any changes to the legislation to bring it in line with international standards.