Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that section 159(a), (b) and (c) of the Criminal Code criminalizes trafficking in persons for both sexual and labour exploitation, as well as the use of services of trafficking victims. The Criminal Code also establishes penalties of two to 15 years of imprisonment and a fine. The Committee noted that coordination of the efforts of relevant actors was ensured through the National Commission for Combating Trafficking in Human Beings, seven local commissions and a national mechanism for referral and support of trafficked persons.

The Committee notes the Government’s information in its report that an initial draft of proposals for amendments to the Combating Trafficking in Human Beings Act and the implementing rules to the Act was developed regarding the “reflection and recovery period” and its time frame. The National Mechanism for Referral of and Support to the Victims of Human Trafficking was revised and adopted by the Council of Ministers in July 2016. The Committee also notes the copy of a court decision of 2015 attached to the Government’s report, under which one defendant was found guilty and sentenced to three years’ imprisonment pursuant to section 159(a) and (b) of the Criminal Code. The Committee further notes that the National Programme for Preventing and Combating Trafficking in Human Beings and Protection of Victims 2016 was adopted. Various measures have been taken within its framework, including institutional and organizational measures, legislative measures, awareness-raising activities, training for officials and other actors, as well as international cooperation. Particularly, several consultation meetings were held for the preparation of the National Strategy for Combating Trafficking in Human Beings 2017–21.

The Committee further notes the report published on 28 January 2015 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the application by Bulgaria of the Council of Europe Convention on Action against Trafficking in Human Beings (GRETA(2015)32). According to it, there were 491 victims identified in 2014 and 309 victims in the first half of 2015, of which about 86 per cent were female. The majority of the victims (77 per cent) were trafficked for the purpose of sexual exploitation, while trafficking for the purpose of forced labour accounted for 12 per cent of the victims (paragraph 16). The GRETA report also indicates that, since 2014, no data has been collected by the Supreme Cassation Prosecutor’s Office as regards the length of punishments imposed by final convictions and judgments. According to the available data, in the majority of cases the punishment that has been imposed for trafficking has been suspended imprisonment and a fine (paragraph 199). The Committee finally notes that, in its concluding observations of December 2017, the Committee against Torture of the United Nations expressed its concern at the gaps between legislation and strategies and their implementation (CAT/C/BGR/CO/6, paragraph 27). While noting the efforts made by the Government, the Committee requests the Government to continue providing information on the application in practice of section 159(a), (b) and (c) of the Criminal Code, including on the number of convictions and specific penalties applied, as well as on the difficulties encountered by the competent authorities in the identification of victims and legal proceedings. The Committee also requests the Government to provide information on any progress made regarding the adoption of draft amendments to the Combating Trafficking in Human Beings Act and the implementing rules to the Act, as well as the National Strategy for Combating Trafficking in Human Beings 2017–21, and provide a copy once adopted.

Article 2(2)(c). Prison labour. The Committee previously noted that, under section 96(1) of the Execution of Penal Sanctions and Detention in Custody Act 2009, 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 9) and 101 of the Act. Pursuant to section 174(1) of the Act, prisoners may work on sites of legal and natural persons under conditions and procedures established by the Minister of Justice. The Committee therefore observed that prisoners are obliged to perform prison labour under the menace of a penalty and that this work may be carried out for private entities.

The Committee notes the Government’s information on the legislative changes in this regard. According to section 164 of the Rules Implementing the Execution of Penal Sanctions and Detention in Custody Act 2010 (as amended up to 2017, referred to as the Implementing Rules hereafter), prisoners shall file an application for the jobs opened in the State Enterprise “Prison Work Fund” and in the servicing and utility activity of the prisons. Moreover, the inclusion of prisoners in labour activity shall be carried out after their capacity to work is established and on the basis of an evaluation of their state of health and professional qualification, their interests and preferences, the evaluation of the risk and the requirement of the regime and security. The Government indicates that the work on external sites is always performed at the wish of the persons concerned, who shall file applications to the chief of the respective prison. The Committee also notes the copies of applications filed by prisoners, submitted by the Government with its report, as well as Ministerial Orders regarding the work of prisoners outside the prison premises. The Committee further notes several provisions regarding the working conditions of prisoners. Section 169(1) of the Implementing Rules 2010 provides that all rules on health and safety at work, applicable to employees, shall also apply to prisoners. The duration of the working day and week, as well as the minimum daily and weekly rest shall be determined in accordance with the labour legislation, pursuant to section 172(1). Furthermore, working prisoners shall receive a remuneration of 40–50 per cent of the national minimum wage depending on the position occupied, as provided for by Ministerial Order No. ΠC 04-89 of 25 January 2011.

While taking due note of the Government’s indication that in practice prisoners are not forced to work and that the work conditions are regulated by the labour legislation in principle, the Committee notes, however, that section 167(1) of the Implementing Rules provides that all prisoners, who are capable of working, shall be obliged to perform the work assigned to them by the administration. Moreover, under section 163, the express written consent for participation in labour activities is only explicitly required for the accused and the defendants, not for all prisoners, in particular, the convicts. The Committee therefore encourages the Government to take the necessary measures to align its national legislation with the indicated practice by amending sections 163 and 167(1) of the Rules Implementing the Execution of Penalties and Detention in Custody Act, so as to provide that any work or service performed by prisoners for private undertakings is carried out voluntarily with their formal freely given and informed consent. It also requests the Government to provide information on any progress made in this regard.