Presentation of Reports at Universal Periodic Review (Upr)o

thirteen.01.2021

By: GICJ/Nora Futtner

On Friday, November sixth, Republic of bulgaria participated in its third Universal Periodic Review (UPR). This took identify during the 36th session of the UPR. The adoption of the typhoon outcome written report took place on November 10th, 2020, and it included 233 recommendations from 91 delegations.

In both the compilation reports distributed prior to the UPR and the interactive dialogue, countries, stakeholders, and the United Nations praised Republic of bulgaria's achievements, while also offering recommendations for areas in which the country should meliorate. Some of the most mutual recommendations addressed topics of women's rights, rights for minority groups (peculiarly the Roma people, individuals with disabilities and migrants and refugees), hate speech and freedom of the media.

While not comprehensive, this report will provide a summary of this UPR session for Bulgaria, with an aim of providing a snapshot of the human rights situation in the country. The total written report of Bulgaria's 3rd UPR Process includ

i. Background: Overview of the Human Rights Situation in Bulgaria

a. Bulgaria's Participation in International Human Rights Treaties

b. Summary of Pre-UPR Submissions

i. Compilation of Un Information on Bulgaria

2. Summary of Stakeholder Submissions

ii. Universal Periodic Review Session

a. Presentation of the National Report

b. Interactive Dialogue and Recommendations from State

c. Response of the Bulgarian Delegation

3. GICJ's Observations

Background: Overview of the Man Rights State of affairs in Bulgaria

Republic of bulgaria's Participation in International Human Rights Treaties

  Treaty                                                          Signature Date                                 Ratification Date

CAT (Convention against Torture and other Cruel Inhuman or Degrading Handling or Punishment)

June 10, 1986

Dec 16, 1986

CAT-OP (Optional Protocol of the Convention Against Torture)

September 22, 2010

June 1, 2011

CCPR (International Covenant on Ceremonious and Political Rights)

October viii, 1968

September 21, 1970

CCPR-OP2-DP (2d Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolitionism of the death penalty)

March eleven, 1999

August 10, 1999

CED (Convention for the Protection of All Persons from Enforced Disappearance)

September 24, 2008

CED, Art. 32 (Interstate communication procedure nether the International Convention for the Protection of All Persons from Enforced Disappearance)

CEDAW (Convention on the Elimination of All Forms of Discrimination confronting Women)

July 17, 1980

February 8, 1982

CERD (International Convention on the Emptying of All Forms of Racial Discrimination)

June 1, 1966

August eight, 1966

CESCR (International Covenant on Economic, Social and Cultural Rights)

October 8, 1968

September 21, 1970

CMW (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families)

CRC (Convention on the Rights of the Child)

May 31, 1990

June 3, 1991

CRC-OP-Air-conditioning (Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed disharmonize)

June 8, 2001

February 12, 2002

CRC-OP-SC (Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography)

June 8, 2001

February 12, 2002

CRPD (Convention on the Rights of Persons with Disabilities)

September 27, 2007

March 22, 2012

Geographic Location of Bulgaria

Summary of Pre-UPR Submissions

To prepare for the review, the Working Group received two reports compiled past the Part of the United nations High Commissioner for Human Rights (OHCHR). The first gave an overview of the reports of UN treaty bodies, special procedures and other relevant UN documents pertaining to human rights in Bulgaria. The other report was a compilation of fourteen stakeholders' submissions to the working group before the UPR session. In the department beneath both reports are summarized with subsections indicating key topics.

Compilation of UN Information on Bulgaria

International obligations and cooperation with international human rights mechanisms and bodies: Numerous UN bodies encouraged Bulgaria to ratify all human rights treaties that it has not yet ratified. These include the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention on the Rights of the Child relating to the communications procedure, the Optional Protocol to the Convention on the Rights of Persons with Disabilities, and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

National human rights framework: UNICEF noted the positive development in 2019 that the Office of the Ombudsman was granted "A" status. This allows the office a greater fiscal and authoritative chapters to protect and promote human being rights. Information technology was recommended that Bulgaria strengthen the chapters and financial resources of the Commission for Protection against Discrimination and broaden its mandate.

Equality and non-bigotry: Hate oral communication, racist soapbox and discrimination (including in employment) against minority groups such as Turks, Roma, Muslims, Jews, people of African descent, migrants, refugees and asylum seekers and members of sexual minorities was raised every bit an important upshot to remedy. It was recommended that Bulgaria include a definition of hate speech in their national legislation that is in-line with their international commitments, investigate violence and bigotry against minority groups, promote respect for diversity, and actively act against hate speech in the media.

Human being rights and counterterrorism: Information technology was recommended that Republic of bulgaria better ascertain the acts that establish terrorism and ensure that civilian'south rights are protected whenever possible.

Right to life, freedom and security of person: Bulgaria was recommended to amend the definition of torture, establish an oversight machinery for police corruption and increase standards of living in detention facilities.

Assistants of justice, including impunity and the rule of police: It was recommended that Bulgaria significantly reform their juvenile justice system and address abuse.

Fundamental freedoms: Religious tolerance and investigation of hate speech against religious and ethnic minorities was raised as important. Additionally, protecting journalists, ensuring the transparency of media funding and repealing criminal provisions against defamation was recommended.

Prohibition of all forms of slavery: It was recommended that Republic of bulgaria make steps toward eradication human trafficking, especially of children.

Right to an adequate standard of living: It was recommended that Bulgaria develop a progressive financial policy to reduce inequalities, also equally ensure adequate housing, sanitation and infrastructure for all people in the meantime.

Right to health: It was recommended that Republic of bulgaria ensure access to health care for all, as this would reduce numerous problems related to health in the country that have resulted from prohibitively expensive or unavailable health care. A special emphasis was placed on healthcare for children, reproductive healthcare and healthcare for seniors.

Correct to education: Several reports recommended that Bulgaria make boosted efforts to keep Roma children in school, while also noting significant progress fabricated since 2017. Issues with admission to education in rural areas and for children with disabilities were likewise noted.

Women's rights: In July 2018, information technology was adamant that the judgement of the Constitutional Court that alleged the Istanbul Convention incompatible with the Bulgarian constitution was partially a result of an incorrect translation of the term "gender." With this misunderstanding addressed, it was recommended that Bulgaria motion forward to ratification of the Istanbul Convention. It was further recommended that Bulgaria revise their definition of rape to include marital rape, train police officers to better respond to gender-based violence (GBV) and establish an activity plan on violence against women and domestic violence with a special focus on the empowerment of Roma girls.

Rights of persons with disabilities: It was recommended to strengthen the capacity of the Equality and Human Rights Commission with regards to people with disabilities, take measures against sick-handling of the mentally ill and disabled and promote the power of disabled people to live independently.

Rights of migrants, refugees and asylum seekers: Information technology was recommended that Bulgaria take activeness to protect the rights of those entering the state at border-crossing points, including ending the practice of mandatory detention, ensuring proper care, and implementing the National Strategy on Migration, which has not yet been utilized.

Summary of Stakeholders' Submissions

Information provided by the Ombudsman

Justice and the prison system: The Ombudsman noted that the National Preventative Mechanism to reform the prison house healthcare system had not yet been implemented. Regarding juvenile justice, the Ombudsman recommended creating a system to support the needs of children with deviant behavior that is an alternative to detainment.

Rights of persons with disabilities: The Ombudsman recommended that Republic of bulgaria create mechanisms to help adults with disabilities find employment, and to assist provide children with disabilities access the resources they need to succeed in school.

Information provided by other stakeholders

International obligations and cooperation with homo rights mechanisms: Different stakeholders recommended that Republic of bulgaria sign and ratify the Treaty on the Prohibition of Nuclear Weapons, the 1954 convention relating to the Status of Stateless Persons, and the European Convention on Nationality.

Equality and non-discrimination: The Organization for Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights (OSCE/ODIHR) recommended that Bulgaria accept legal steps to counter discrimination such as punishment enhancements for bias-motivated crimes.

In Joint Submission 3 (JS3) by Biltis Resource Heart, it was stated that no meaning progress in LGBTQI+ rights had been made since the last review cycle. As show, they note that the 2016 Equality between Women and Men Act refers simply to the gender binary, and the Constitution and the Family Code define marriage as between a human being and a woman.

The European Wedlock Agency for Fundamental Rights (EUFRA) expressed concerns almost the counter-terrorism act, which allows the closure of non-profits if they are suspected of supporting or carrying out terrorism. This could lead to the silencing of civil order groups.

Ill-handling by the police was identified by the CoE European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Penalization (CPT). They recommended that Bulgaria amend the legislative and institutional framework on police to meet their obligations under the European Convention on Human Rights.

Right to life, freedom and security of person: The CPT recommended that every detained person be allowed a total and contained medical assessment and a reasonable standard of living during their imprisonment. EUFRA recommended that the legal framework be amended to stop the practice of detaining people for up to 24 hours without any criminal charges raised against them.

Fundamental freedoms: The CoE Commissioner for Human being Rights noted pregnant issues with media freedom and called upon Bulgarian government to accept all efforts to protect journalists and their critical work. The OSCE/ODIHR recommended that Republic of bulgaria ensure free and fair elections, based on its observations of the March 2017 early parliamentary elections.

Prohibition of all forms of slavery: The CoE Group of Experts on Action Against Trafficking in Human Beings (GRETA) asked Republic of bulgaria to implement the national mechanism for referral and back up of trafficked persons in order to finer reduce the practice. GRETA besides recommended that all victims of trafficking should be ensured increased support, including access to compensation, in society to ease their reintegration into society.

Rights of women: Violence against women, including domestic violence, was identified as a "serious and growing" problem. It was recommended that the government of Bulgaria sign the Istanbul Convention. In Joint Submission 2 (JS2), Advocates for Human Rights recommended implementing steps to reduce bias confronting women and thoroughly investigate all cases of gender-based violence.

Rights of the kid: The CoE Commissioner on Human Rights expressed business organisation that Roma children and children with disabilities are over-represented in institutions and stressed that such institutions should be replaced by family and community-based intendance.

Minority rights: OSCE/ODIHR informed the committee about bigotry against the Roma customs, including the upshot of detest speech and lack of representation in the parliament. EUFRA as well noted that Roma communities have been subject to evictions and sabotage of their homes. The commission recommended that Bulgaria include plans to support the integration of the Roma and condemn all detest spoken language against them.

Rights of migrants, refugees and asylum seekers: Bulgaria's detention of migrants was a major bespeak. Information technology was recommended in Joint Submission 4 (JS4) by Global Detention Project and Foundation for Access that Bulgaria cease automatic detention and utilize the do only every bit a terminal resort and for the to the lowest degree amount of time possible.

The European Commission Against Racism and Intolerance (ECRI) noted that despite a recommendation made in 2014 for Bulgaria to actively promote a positive image for asylum seekers and refugees, the status has improved little, and anti-migrant acts continue. Regarding stateless persons, Joint Submission 5 (JS5) recommended that steps exist taken to assist stateless persons in accessing social rights and a minimum of sustenance and intendance past facilitating access to statelessness decision procedures.

Presentation of the National Report

Mr. Georg Georgiev presents the national written report virtually.

The presentation of the national written report was led by Deputy Minister of Foreign Affairs Mr. Georg Georgiev. Mr. Georgiev highlighted developments regarding the implementation of previous recommendations since the outset of the second UPR cycle for Bulgaria and included other updates about the condition of man rights in the state. The national report draws upon information past diverse stakeholders, including government departments and ceremonious society organizations.

Mr. Georgiev emphasized Bulgaria's respect of the United Nations homo rights arrangement. He mentioned that Bulgaria is a party to all primary human rights conventions of the United Nations, regularly participates in reporting on all principal homo rights conventions of the Un and wishes to continue dialogue on human rights problems with the international customs and civil lodge.

The voluntary pledges of Republic of bulgaria are to strengthen indigenous and religious tolerance, protect the rights of the kid, protect the rights of migrants and refugees and take targeted actions to enhance the rule of police, democracy and good governance. Throughout the presentation of the national report, Republic of bulgaria maintained the importance of continuing to uphold human rights in the midst of the COVID-19 pandemic and not using the pandemic equally a pretext to restrict human rights.

Mr. Georgiev then turned to the main developments that have taken place in Bulgaria since its 2d UPR bicycle. He noted that meaning progress has been made in the development of national man-rights mechanisms; in 2019, Bulgaria established a National Committee for International Humanitarian law, and accredited the national Ombudsman with "A" condition. Further, a mechanism to monitor the implementation of recommendations from constructive dialogues with different UN Treaties was established in 2020, as was a mechanism allowing for payment of bounty to victims of abuses.

On specific issues, Mr. Georgiev highlighted Republic of bulgaria's efforts on the topics of anti-corruption, the rights of the child, rights of persons with disabilities, women'southward rights, hate voice communication and bias, and living conditions for migrants. The primary points from the presentation are summarized below:

Anti-corruption: The fight against corruption was noted as ane of the main priorities of the Bulgarian Authorities. In 2017 and 2018, they made legal changes to ensure the integrity of judges and independence of the judiciary and established an anti-corruption mechanism.

Rights of children: In 2018, a mechanism was created to coordinate educational activity for children, resulting in decreased drop-out rates amidst Roma children.

Rights of people with disabilities: Bulgaria established legal equality for people with disabilities and promoted the transition from institutionalized care to dwelling house-based care. Bulgaria intends to achieve the gradual closure of homes for youth with mental issues and shift them toward domicile care.

Rights of women: Bulgaria has made several improvements in the area of women'southward rights and empowerment, such every bit the subpoena of the Gender Equality Act, Social Services Deed and Protection confronting Discrimination Act and implementing a National Gender Equality Strategy. Republic of bulgaria has also taken steps to provide better prevention confronting gender-based violence by preparation the police force on these crimes, as well as providing acceptable support systems for victims.

Discrimination, detest speech and bias: Republic of bulgaria states that they do non tolerate any class of discrimination or bias against minority groups, including persons in the category of LGBTQ+. Steps have been taken to combat these bug, like supplementing the legal aid framework to guarantee more severe sanctions for violent crime that is bias-motivated and collaborating with organizations to conduct trainings. Additionally, Republic of bulgaria has drafted a constabulary to strengthen the powers of the national media regulator in gild to curtail hate speech in media.

Rights of Migrants, aviary seekers and stateless persons: Bulgaria is invested in improving the living conditions of asylum seekers in diverse ways and ensuring that unaccompanied foreign children have the aforementioned rights as Bulgarian children who lack parental care.

To conclude, Deputy Minister Georg Georgiev acknowledged that Republic of bulgaria has several homo rights challenges that require more attention and reiterated that the country has a standing invitation to all Un Special Procedures. Furthermore, he welcomed the comments of states during the interactive dialogue and stated that Republic of bulgaria would use the dialogue to steer their national conversation on human being rights.

Interactive Dialogue: Cardinal Recommendations From States

Like most delegations, Finland presented its recommendations virtually.

Ninety-1 delegations participated in the interactive dialogue. Many countries commended Bulgaria for its connected date with UN homo rights mechanisms and for the progress made in protecting and promoting human rights, specially the national plan for integration of the Roma community and new legal protections for women and children with disabilities.

Common recommendations included that Republic of bulgaria should ratify all human rights conventions it has not still ratified, especially the Quango of Europe (CoE) Convention on preventing and combating violence against women and domestic violence ("Istanbul Convention"), and the optional protocol on the convention on the rights of the child.

Nearly all delegations that choose to give recommendations included one relating to the rights of women. Countries such every bit Israel, Lichtenstein, Slovenia, Denmark and the UAE emphasized that Bulgaria should take further steps to eliminate all violence against women, including domestic violence, and ensure that reforms fabricated in the legal lawmaking are implemented. Canada recommended that Bulgaria thoroughly investigate all cases of rape, and train police force enforcement on how to deal with such cases. Support for victims was also a focal indicate; Belgium underlined that Bulgaria should ensure that all victims have pathways for justice, while Malta recommended that proper support be given to victims.

Many States touched on the importance of increasing women's empowerment in the country, including through supporting women with education and employment opportunities. Laos recommended that the government publically promote gender equality, and Haiti recommended a social media entrada to fight against the toxic masculinity that oft leads to gender-based violence. Burkina Faso recommended that Bulgaria ensure risk-costless motherhood for all women by ensuring affordable reproductive wellness services.

Healthcare in general was too spoken on numerous times; Iceland recommended Bulgaria invest in early on diagnosis and prevention technologies, and Islamic republic of iran and Cuba emphasized the importance of affordable healthcare.

Connected progress in combatting human trafficking in Bulgaria was besides important to the delegations that participated in the interactive dialogue. Nepal, Nigeria, Togo, Bahrain, and Republic of cyprus all gave recommendations to accost the root causes of trafficking, help victims and train police enforcement. Figi recommended that Bulgaria implement a national anti-trafficking strategy. The United Kingdom recommended that Bulgaria also focus their support on child victims of trafficking.

Several countries also emphasized other rights for children in their statements. Equally an example, Timor Leste recommended that Bulgaria invest in efforts to help children in poverty, and Laos said that Bulgaria should promote a loftier quality of life for all children. Nippon emphasized children with disabilities as an of import sub-group that should be given due regard.  Libya, Nepal, Pakistan and Nihon all urged Bulgaria to ensure that children have access to quality instruction, peculiarly Roma children and those living in remote areas.

Republic of austria, Switzerland, Montenegro, Poland, The Netherlands and Norway were concerned about discrimination against Roma people, resulting in them having reduced positive outcomes in health, pedagogy and employment. Germany recommended that Bulgaria refrain from demolishing Roma settlements earlier providing them with adequate alternatives. Several countries urged an end to the discrimination and bias confronting other minority groups, including LGBTQ+ individuals, and the restoration of a full spectrum of human rights for minorities.

The importance of an contained media was expressed by the Us, Italy, The netherlands, Norway and others. Transparency of ownership of the media is a large factor in ensuring its independence, argued Republic of ireland and Canada.

As well relating to the media was the effect of detest speech in the media—Israel and Jordan recommended that Republic of bulgaria accept steps to eliminate this. Many States, including Slovakia, Palestine, Lichtenstein, Morocco, the Philippines and Sudan, made recommendations relating to the elimination of hate speech in Bulgaria.

On the topic of the rights of migrants and refugees, The Bahamas, among others, recommended that Bulgaria develop standards for asylum seekers and refugees. Bolivia and the Philippines recommended Republic of bulgaria back up migrants in finding employment.

Figi was the just state to brand a recommendation for Bulgaria to address environmental challenges and create disaster run a risk reduction policies with the aid of women and indigenous and local communities.

Response of the Bulgarian Delegation

Deputy Government minister of Strange Diplomacy Mr. Georg Georgiev was joined past Mr. Milko Berner, Deputy Minister of Interior, Mr. Nikolay Prodanov, Deputy Minister of Justice, Ms. Zornitsa Roussinova, Deputy Minister of Labor and Social Policy, and Ms. Karina Angelieva, Deputy Minister of Teaching and Science in responding to the interactive dialogue.

The Bulgarian delegation stated that they appreciated the comments and recommendations from the state parties during the interactive dialogue. Over the course of the dialogue, they offered a number of explanations and comments on specific issues, which are summarized beneath:

Rights of children: The delegation re-emphasized that the rights of children, including children with disabilities was a main priority. This yr, Bulgaria plans to invest in early babyhood evolution. On the issue of teaching for children, the delegation explained that they finalized the Regulation on Inclusive Education, amended the education budget and introduced obligatory didactics for all children starting at the age of four.

Female parent tongue in elections: The delegation explained that the election must be conducted in Bulgarian, every bit per the constitution, simply that political contend tin can be conducted in whatever language.

Refugees, migrants and stateless persons: Since 2015, UN agencies have provided Republic of bulgaria with support and training and Bulgaria now believes its methods of dealing with refugees are satisfactory and abide by international constabulary. It was emphasized that unaccompanied foreign children are never detained past the police. On the topic of stateless persons, the delegation explained that they introduced a national procedure for granting statelessness status in 2016 that has since been constructive.

Police violence: The delegation stated that police were given control of upholding health measures and maintaining public order during coronavirus lockdowns and says that they completed their work with professionalism and transparency. They went on to explain that all cases of alleged police misconduct are properly judged past independent judicial authorities.

Rights of people with disabilities: People with disabilities are afforded personal assistance, employment support and direct cash back up. Institutionalization has been significantly diminished in favor of daycare centers for individuals with mental and physical disabilities and their families.

Hate speech and hate crimes: Bulgaria has implemented regular trainings for law enforcement on hate crimes and homophobia. The delegation explained that they already accept the proper legal framework to deal with detest speech and hate crimes, but that the legislation must be implemented in court.

Women'south rights: Bulgaria responded that it already has the proper legislative framework to counter domestic violence and accost victim compensation and it plans to support their implementation. Furthermore, Bulgaria revoked the marital rape exemption in the criminal code, which was a major business organization for many stakeholders. The delegation said that they program further legislative improvements especially on topic of supporting victims. They explained over again that despite calls to ratify the Istanbul Convention, they are unable to exercise so because of constitutional restraints.

Liberty of the media: During the meeting on the adoption of the UPR draft written report, the minister of culture delivered a short update on media freedom, as he was unable to do so during the UPR session due to time constraints. He said that Bulgaria is in the process of making legal amendments on transparency of media ownership to ensure media independence. Furthermore, every attack on journalist is immediately and fully investigated.

GICJ's Observations

The Geneva International Centre for Justice (GICJ) is pleased to note that Bulgaria accepted nearly of the measures from the last UPR session and hopes that it will do the aforementioned in this cycle. The Geneva International Centre for Justice (GICJ) wishes to offer a few observations concerning the statements made past the Bulgarian delegation and the extent of progress in the years since the previous review.

First, Bulgaria has made the commendable steps of creating a national mechanism to coordinate education and mandating early on childhood education from the age of four. GICJ hopes that these strategies include provisions to back up all children, particularly from Roma communities. According to World Bank Data, only 15% of the Roma population graduate from loftier schoolhouse, which is an astonishingly low number. The drop-out rate in Roma communities will be a key metric to monitor in the interim years earlier the next UPR.

Second, GICJ would similar to call into question the repeated statements of the Bulgarian delegation that they have done everything possible to ensure protection of human rights during the pandemic. Earlier this year, the Associated Press reported that Bulgaria was using agricultural airplanes to spray disinfectant on Roma communities. In May, Un Human Rights officials called upon the Bulgarian government to stop such practices immediately, as it perpetuates stereotypes of Roma settlements as unsanitary. At the fourth dimension, there were very low infection rates among Roma communities, then it is reasonable to anticipate further discriminatory actions if transmission increases. GICJ urges all stakeholders to closely monitor Republic of bulgaria's treatment of Roma and other minorities as the pandemic continues.

Third, GICJ is pleased to hear that catastrophe hate speech in the media is a priority for Bulgaria, as it was raised as a major concern during the interactive dialogue. Even so, GICJ is concerned almost the method that Republic of bulgaria will use to achieve this goal. The delegation stated that they have increased the budget of the media regulator to target hate speech. As Bulgaria already has a well-noted problem with media freedom, GICJ urges Bulgaria to ensure that this new mandate to target hate speech communication is not used equally a method of silencing alternative viewpoints. Hopefully, the proposed legal amendments that mandate disclosure of media ownership will assistance to ameliorate this possibility.

Finally, information technology was made abundantly clear throughout the UPR process that Bulgaria has a substantial trouble with violence against woman, including domestic violence. Republic of bulgaria still has yet to ratify the Istanbul Convention on preventing and combatting violence against women and domestic violence and has in fact doubled downwards on its justification that it is blocked from ratifying the convention due to ramble restraints. As was explained in the pre-UPR submissions, this justification no longer stands now that the translation error has been remedied. GICJ believes that Bulgaria should ratify the Istanbul Convention equally a signal to the international community that it is serious near ending gender-based violence in the land.

GICJ hopes for farther progress on the human rights situation in Republic of bulgaria and to encounter good improvement on the recommendations made by the Un and Stakeholders in the interim years before the next session.

Justice, Homo rights, Geneva, geneva4justice, GICJ, Geneva International Centre For Justice

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Source: https://www.gicj.org/conferences-meetings/upr-sessions/1922-bulgaria-upr-2020

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