2014 Annual Reception Conditions Monitoring Report 1 Photos: Dimitrina Popova Lora Peeva Maya Maslinkova Jacob Zocherman Temenuga Simeonova Ivanka Puleva 2 Table of contents 1. Overview ........................................................................................................................ 5 2. Legal Framework ............................................................................................................ 6 3. Reception Conditions in SAR Centers .............................................................................. 8 3.1. Registration of asylum applications ......................................................................... 8 3.2. Accommodation ..................................................................................................... 9 3.3. Food .................................................................................................................... 13 3.4. Medical Care ........................................................................................................ 14 3.5. Psycho-social Support (PSS) ............................................................................... 15 3.6. Social Activities .................................................................................................... 16 3.7. Education ............................................................................................................. 18 4. Conclusion ................................................................................................................... 20 3 List of abbreviations SAR – State Agency for Refugees UNHCR – United Nations High Commissioner for Refugees BRC – Bulgarian Red Cross RMS – Refugee Migrant Service BHC – Bulgarian Helsinki Committee RRC – Registration and Reception Center SCTAF – Special Center for the Temporary Accommodation of Foreigners AC – Accommodation center TC – Transit Center EASO – European Asylum Support Office 4 1. Overview The deteriorating humanitarian crisis in Syria, combined with the increasingly unstable situation in Afghanistan and Iraq, has led to a substantial growth in the number of asylum-seekers in Bulgaria. In 2013 the number of people who have sought asylum in the country rose drastically to 7144 (a five-fold increase compared to 2012 when only 1387 applications were filed). The asylum seekers were (and still are) predominantly Syrians or Stateless from Syria – with more that 25% being minors. In 2013, the State Agency for Refugees (SAR) granted a total of 2462 refugee or humanitarian status compared to only 177 positive status decisions in 2012. The critically rising influx of asylum seekers started in September 2013 with about 200 asy- lum seekers entering the country per day. The unprecedented situation led to the emergency opening of four new state reception facilities (2 in Sofia, 1 in Harmanli and 1 in Kovachevtsi). The previously functioning registration and reception centers (RRCs) in Sofia (Ovcha kupel), Pastrogor (Haskovo region) and Banya, (Sliven region) were expanded. The increasing numbers of unaccompanied minors (UAMs) – 462 by the end of September 2014 as compared to 183 in 2013 – posed a significant challenge for state authorities, as well as for aid organizations assisting asylum seekers and beneficiaries of international protection. Most asylum-seekers in Bulgaria come from Syria, but a significant increase of people coming from Afghanistan, Iraq, Iran, as well as from African countries like Ghana, Cot d ’Ivore, Mali, Algeria, and Morocco was noticed. The diversity of asylum seeking communities created dif- ficulties in information dissemination, legal interpretation and day-to-day communication with persons in the RRCs. Top 5 countries of origin Jan-Dec 2014 Pakistan Stateless 2% Iraq 2% 6% Syria Afghanistan 61% 29% Graph 1: Top 5 countries of origin (January-December 2014). Data: State Agency for Refugees 5 The report looks into reception conditions in all SAR centers and the facilities of the Directorate of Migration in Elhovo and Lyubimets. It aspires to follow developments and remaining challenges in each center and provide recommendations for institutions and practitioners in the field. All statisti- cal data is gathered from institutions operating in the centers and from monitoring reports com- piled by staff members of Bulgarian Red Cross – Refugee Migrant Service (BRC-RMS). 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 Nov Dec Jan Fab Mar Apr May June July Aug Sept Oct Nov 2013 2013 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 Graph 2: Number of registered asylum seekers in Bulgaria (January 2013 – November 2014). Data: State Agency for Refugees The graph illustrates two clear peaks in asylum claims – one at the end of 2013 and one at the end of the current year which is still developing. Limited access to seasonal work and inad- equate reception condition in Turkey put additional pressure on refugee communities to seek entry to EU countries, including Bulgaria. 2. Legal framework Bulgaria is s signatory to the 1951 Convention relating to the Status of Refugees. According to its provisions, refugees deserve, as a minimum, the same standards of treatment enjoyed by other foreign nationals in a given country and, in many cases, the same treatment as nationals. As a member of the European Union, Bulgaria is simultaneously under obligation to comply with EU-wide legislation in the sphere of asylum protection. The guiding legal instrument when it comes to living conditions is Council Directive 2003/9/EC also known as the Reception Condi- tions Directive. The document sets minimum standards for the reception of asylum seekers on the territory of a member state and aims to ensure that the applicants have a dignified standard 6 of living and that comparable living conditions are afforded to them. The Directive will apply to all nationals of third countries as well as to stateless persons who have requested asylum at the border or on the territory of a Member State, as well as accompanying family members. The most important provisions stipulate that applicants must be provided with: • Information of their rights and the benefits they may claim, as well as the obligations they have to comply with; • A document certifying their status as applicants for asylum and allows applicants’ free- dom of movement within the member state’s territory; • Certain material reception conditions, in particular accommodation, food and clothing, in kind or in the form of a financial allowance; • Family unity; • Medical and psychological care; • Access to the education system for minor children and language courses to enable them to attend ordinary school. The European Union has worked toward harmonization of asylum protection and reception condi- tions since 1999 but despite the wide array of directives and regulations, considerable differences remain among member states and their capacity to take on large numbers of asylum seekers. When it comes to reception conditions in Bulgaria, similar rights are guaranteed by the Law on Asylum and Refugees from 2002 (Article 29-1, amended in 2007) – during the asylum proce- dure the foreigner has the right to: • Remain on the territory of Republic of Bulgaria; • Accommodation and food; • Social support, according to and of the amount appropriated to Bulgarian citizens; • Health insurance, affordable medical care and access to medical services free of charge to the same level as Bulgarian citizens; • Psychological support; • Be issued a registration card; • Translation and interpretation. Additionally, the article continues to grant access to all asylum seekers to a transit, registration, reception or another center of the State Agency for Refugees after a thorough screening of their medical, family and financial status (Article 29-4). The Law provides for special consideration for vulnerable groups in Article 30 – namely children and minors, pregnant women, the elderly, single parents accompanied by their children and minors, persons with disabilities and those victims of sexual and gender based violence (SGBV). The main responsibility falls with the State Agency for Refugees but there are many other state institutions and non-governmental organizations actively working in the centers to ensure 7 adequate reception conditions and support to persons accommodated there. During 2014, a variety of projects and activities were implemented by international and national organizations as well as by volunteers 3. Reception conditions in SAR centers 3.1. Registration of asylum applications By Bulgarian laws, foreigners apprehended by Border or Immigration Police at border check points are detained for 24 hours. Once detained persons decide to apply for asylum they are transferred to the Elhovo Triage Centre within 24 hours where they spend between three and five days before being transferred to a SAR reception facility. Irregular immigrants, on the other hand, are sent to the Special Centers for Temporary Accommodation of Foreigners (SCTAFs) in Bustmansi and Lyubimets managed by the Directorate of Migration. If they apply for asylum while in detention, they are transferred to a SAR facility where they are registered. In all detention centers detainees receive food regularly, have access to medical care when needed, and to basic recreational activities Triage Center Elhovo which includes television, books and outdoor areas. UNHCR, through its legal partner Bul- The average period of accommodation garian Helsinki Committee (BHC), provides in the facility