Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Autre commentaire sur C029

Observation

Demande directe

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The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) communicated with the Government’s report. The Committee notes that in its observations, the CITUB encourages the Government to speed up the procedure for the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee noted that section 159(a), (b) and (c) of the Criminal Code criminalizes internal and external trafficking in persons for both sexual and labour exploitation, as well as the use of services of trafficking victims, and establishes penalties of two to 15 years of imprisonment and a fine. It also noted the revision and adoption of the National Mechanism for Referral of and Support to the Victims of Human trafficking. Noting that in the majority of cases related to trafficking in persons the sanctions that had been imposed were suspended imprisonment and a fine, the Committee requested the Government to provide information in relation to the identification of victims and law enforcement measures.

The Committee notes the information provided by the Government in its report on the data from the prosecutor’s office concerning the criminal proceedings for trafficking in persons under sections 159a–159d of the Criminal Code. According to this data, in 2020, 356 proceedings were initiated, including 76 newly filed cases and 73 penal sanctions were imposed on 46 convicted persons, with imprisonment (13), fines (27), and suspended sentences (31) and others (2). Similarly, during the first quarter of 2021, 176 proceedings were initiated, including 16 newly filed cases, and 17 penal sanctions were imposed on 13 convicted persons, with imprisonment (5), fines (4) and suspended sentences (8). The Government indicates that the fine is imposed cumulatively with imprisonment. The Committee also notes that in 2020, 458 victims of trafficking were identified under sections 159(a) to (d), including 397 women and 26 minors.

The Government further refers to certain difficulties that are generally encountered before and during the trial, such as : (i) the identification of victims, especially in relation to international trafficking; (ii) the relationship between the victim and the perpetrator which prevents the timely reporting of the crime and also the reluctance of the victims to cooperate with the investigation and to testify; and (iii) the change in the testimony of the victims due to fear, threats, or promises made by traffickers. In most cases, victims of trafficking for forced labour are not identified as victims of a criminal activity and the labour inspectors rather than referring the cases to the prosecutor’s office close the case by imposing a pecuniary sanction. According to the information provided by the Government, out of the 279 cases of trafficking in persons received by the National Commission for Combating Trafficking in Human Beings (NCCTHB) from 2017 to 2020, 50 cases concerned trafficking for labour exploitation. The Committee requests the Government to continue to take measures to address the difficulties encountered in relation to the identification and prosecution of cases of trafficking in persons, including through: (i) providing appropriate training to officials of the Labour Inspectorate; (ii) strengthening their capacities to better identify victims of trafficking for forced labour and gather evidence for the prosecution of the perpetrators; and (iii) by strengthening protection and counselling to victims and witnesses during the investigation and court proceedings. Furthermore, noting that a significant number of the penalties imposed are suspended sentences of imprisonment, the Committee requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are applied to perpetrators, in conformity with Article 25 of the Convention. The Committee finally 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 prosecutions, convictions and penalties applied.

2. National Strategy for Combating Trafficking in Human Beings. The Committee welcomes the Government’s information concerning the adoption of the National Strategy for Combating Trafficking in Human Beings 2017–2021, which sets out national priorities including: active prevention with a focus on vulnerable groups; increased identification, protection, assistance and support for victims; effective prosecution and punishment of the crime of trafficking in human beings; enhanced inter-ministerial and international coordination and cooperation. This strategy is implemented through annual national programmes developed and implemented by the NCCTHB. The Government indicates that every year, the NCCTHB conducts training sessions for investigators, magistrates, social workers, labour intermediaries, diplomats, migration authorities, refugee agencies and pedagogues on good practices on preventing trafficking in persons, improving methods of investigation and effective prosecution and punishment and protection of victims. In addition, the NCCTHB organizes three national campaigns at the national level for the prevention of trafficking in persons for sexual and labour exploitation and on new forms and trends in the trafficking in persons. The Committee also notes the detailed information provided on the various forums, workshops, campaigns, lectures and information sessions carried out from 2017 to 2021 under the national campaign organized by the NCCTHB which were addressed to different sections of the population. The 2020 and 2021 national campaigns, having taking into account the COVID-19 pandemic situation that led to an increased risk of being trafficked for labour exploitation, have focussed on initiatives that aim to raise awareness and sensitivity of the public and vulnerable groups on ways to prevent risky situations and ensure safe labour migration. The Committee encourages the Government to continue its efforts to combat trafficking in persons, including through the implementation of the priorities set out in the National Strategy for Combating Trafficking in Human Beings 2017-2021 and through the actions carried out by the NCCTHB. It requests the Government to communicate information on the measures taken in this regard as well as the monitoring and assessment of these measures by the NCCTHB, as provided for under the Strategy.

3. Protection and reintegration of victims. The Committee notes the Government’s information on the amendments to the Combating Trafficking of Human Beings Act (CTHBA), which introduces a clear definition of the period for unconditional support for victims of trafficking with a clear regulation of its functions and duration as well as the possibility to open specialized shelters for the subsequent reintegration of victims of human trafficking. The Government indicates that pursuant to these amendments, the NCCTHB has initiated specialized services for victims of trafficking, and runs shelters for temporary accommodation as well as support centres and shelters for subsequent reintegration. Victims and potential victims of trafficking are provided accommodation and specialised services according to their needs, which include, humanitarian, psychological, social and medical assistance, as well as legal counselling. In 2019, the NCCTHB established a total of five state-funded services, including two shelters for temporary accommodation, two centres for protection and assistance and one shelter for accommodation and subsequent reintegration.. The Committee further notes the detailed information provided by the Government concerning the number of identified victims of trafficking who have received support in the state-funded services from 2018 to April 2021. The Committee strongly encourages the Government to continue taking effective measures to ensure that victims of trafficking are provided with appropriate protection and services, and requests it to continue to provide information on the assistance provided and the number of persons benefiting from it.

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 (EPSDCA), persons deprived of their liberty shall be obliged to perform the work assigned to them by the prison administration, non-compliance with this obligation being punishable with disciplinary sanctions under sections 100(2) 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. Furthermore, according to section 164 of the Rules Implementing the Execution of Penal Sanctions and Detention in Custody Act 2010 (as amended up to 2017) (Implementing Rules), 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. The Government indicated that, in practice, prisoners are not forced to work, their work is regulated by the labour legislation and 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, however, noted that according to section 167(1) of the Implementing Rules, 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 encouraged the Government to take the necessary measures to align its national legislation with the indicated practice.

The Committee notes the Government’s information that the obligation of the prison administration to ensure proper work to persons deprived of their liberty is covered under section 77 of the EPSCDA, which states that during the service of the sentence, persons deprived of their liberty shall have the right to suitable work. As far as possible, the preference of the person deprived of his/her liberty for a particular kind of work shall be satisfied. The Government further states that it is in the process of preparing draft amendments to the EPSDCA and its Implementing Rules which will clarify the provisions of sections 163 and 167(1) of the Implementing Rules. The Committee expresses the firm hope that the Government will take the necessary measures, during the preparation of the draft amendments, to ensure that the Rules Implementing the Execution of Penalties and Detention in Custody Act are amended so as to provide that any work or service performed by convicted prisoners for private undertakings is carried out voluntarily with their formal freely given and informed consent. It requests the Government to provide information on any progress made in this regard.