Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the following legislation: the Serving Punishment Act and Regulations; the Law on Assemblies, Meetings and Manifestations; the law governing the press, and any provisions governing labour discipline in merchant shipping. The Committee also requests the Government to provide additional information on the following points.

Article 1(a) of the Convention. The Committee has noted that, under the Penal Code, sanctions of imprisonment (which seem to involve compulsory prison labour, in accordance with section 41 of the Penal Code) may be imposed inter alia for the propagation of "other anti-democratic ideology" (section 108(1)), for arousing dissension on religious grounds by speech, press, action or otherwise (section 164), for using religion and church in a propaganda against authorities, by speech, press, action or otherwise (section 166), and for conducting a public assembly, meeting or manifestation, in violation of legislation (section 174a(2)). The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It hopes that the Government will provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

Article 1(c). The Committee has noted the provisions of the Penal Code, under which sanctions of imprisonment (which seem to involve prison labour) may be imposed for a negligent performance by an official of his duties causing substantial harm or damages to the enterprise (section 219(1), (2)) and for issuing poor-quality, non-standard or incomplete products (section 228(1)). Recalling that Article 1(c) of the Convention prohibits the use of compulsory labour as a means of labour discipline, the Committee requests the Government to provide information on the application of these penal provisions in practice, supplying copies of the court decisions defining or illustrating their scope, and to indicate measures taken or envisaged to ensure the compliance with the Convention on this point.

Article 1(c) and (d). The Committee has noted that, under section 107 of the Penal Code, creating difficulties or disorder in the functioning of industry, transport, agriculture or other branches of the economy or individual enterprises, by obstructing their normal work or by non-performance of regular duties, is punishable by imprisonment for a term of up to ten years, and in the most serious cases - up to 15 years. The Committee requests the Government to provide information on the application of section 107 in practice, supplying copies of the court decisions defining or illustrating its scope, in order to enable the Committee to ascertain whether this provision is not used in the circumstances covered by subparagraphs (c) and (d) of Article 1, which prohibit the use of forced or compulsory labour as a means of labour discipline and as a punishment for having participated in strikes. Referring also to its observation on Convention No. 87, also ratified by Bulgaria, in which it noted certain restrictions imposed on the right to strike in the public service (section 47 of the Public Servants Act, 1999), the Committee requests the Government to indicate provisions imposing sanctions for violations of such restrictions, and to state, in particular, whether the abovementioned section 107 of the Penal Code is applicable in this situation, supplying copy of the relevant court decisions.