Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Bulgarie (Ratification: 1932)

Autre commentaire sur C029

Observation

Demande directe

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Article 2(2)(c) of the Convention. Work of prisoners for private companies. In its earlier comments, the Committee referred to certain provisions of the Implementation of Penal Sanctions Act (now repealed and replaced by the new Implementation of Penal Sanctions and Detention in Custody Act, 2009), which allowed prisoners to work for private companies and other legal entities, under the conditions provided for by the Minister of Justice. The Committee recalled that, to be compatible with Article 2(2)(c) of the Convention, which expressly prohibits convicted prisoners from being hired to or placed at the disposal of private individuals, companies or associations, such work should be carried out voluntarily and in conditions approximating a free employment relationship; this necessarily requires the formal and informed consent of the persons concerned, as well as conditions of work approximating a free labour relationship (see General Survey on the eradication of forced labour, 2007, paragraphs 54–61 and 98–122).

The Committee noted the Government’s repeated indications in its reports that performing labour is a right of prisoners, and that the work of prisoners both inside and outside prison premises is voluntary. However, the Committee noted that, under the old Implementation of Penal Sanctions Act, prisoners were obliged to perform work assigned to them by the prison administration, and the non performance of the obligation to work was punishable with disciplinary sanctions (sections 38(a) and 76 of the Act and section 66(1) of the Implementation of Penal Sanctions Rules). The Committee also noted that the obligation to work was also provided for in section 10(1) and (2) of Ordinance No. 5 of the Ministry of Justice, of 21 March 2006, on the conditions and procedures relating to work performed by incarcerated persons. The Government indicated in its previous report that the provisions of the Implementation of Penal Sanctions Act referred to above would be amended and that the voluntary nature of prison labour would be introduced in the forthcoming amendments to the Act.

The Committee notes that, under section 174(1) of the new Implementation of Penal Sanctions and Detention in Custody Act, 2009, prisoners may work on sites of legal and natural persons under conditions and procedures established by the Minister of Justice. It notes in this connection a model contract between the state enterprise “Prison Work Fund” and a private company concerning the use of prison labour, annexed to the Government’s report. The Committee also notes that, under section 96(1) of the Act, persons deprived of their liberty shall be obliged to perform the work assigned to them by the prison administration, the non-compliance with this obligation being punishable with disciplinary sanctions under sections 100(2)(1 and 5) and 101 of the Act. It therefore appears from the above legislative provisions of the new Act that convicted prisoners are obliged to perform prison labour under the menace of a penalty, even if they have the right to be given suitable work, in accordance with section 77(1) of the Act. Though prisoners’ conditions of work shall be determined by the labour legislation (section 175(2) of the Act) and therefore may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the free, formal, informed consent of prisoners to work for private enterprises does not appear to be asked for.

While noting the Government’s repeated indication that, in practice, prisoners are not obliged to work and that they are only motivated to carry out work which is aimed at their rehabilitation, the Committee hopes that measures will be taken to amend the provisions of the Implementation of Penal Sanctions and Detention in Custody Act, 2009, referred to above, with a view to ensuring that freely given, formal and informed consent is required for the work of prisoners for private companies, both inside and outside prison premises, so as to bring legislation into full conformity with the Convention. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.