Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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 notes that sections 159(a) to 159(c) of the Criminal Code criminalize trafficking in persons for both sexual and labour exploitation regardless of the consent of trafficking victims, as well as the use of services of trafficking victims. The Criminal Code establishes penalties of two to 15 years of imprisonment and a fine. Increased penalties are provided for under section 159(a)(1) and (2), inter alia, when trafficking in persons has been committed through the use of force or by misleading, or through making use of a status of dependency. The Committee further notes the report published on 14 December 2011 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. The Committee observes that coordination of the efforts of relevant actors is ensured through the National Commission for Combating Trafficking in Human Beings (NCCTHB), seven local commissions and a national mechanism for referral and support of trafficked persons. In this regard, the Committee takes note of the 2011 National Programme for Prevention and Counteraction of Trafficking in Human Beings and Protection of the Victims which focuses on local policies and efforts for combating trafficking in persons and on prevention among adolescents, their parents and teachers and ethnic minorities, with a view to combating trafficking in human beings for the purpose of labour and sexual exploitation, as well as child trafficking. The Committee requests the Government to provide information on the application in practice of sections 159(a) to 159(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 identifying victims and initiating legal proceedings. The Committee also requests the Government to provide information on the implementation of the National Programme for Prevention and Counteraction of Trafficking in Human Beings and Protection of the Victims, indicating whether the objectives set out have been achieved and whether an evaluation has been undertaken in order to assess the impact of the measures adopted.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that, under section 96(1) of the Implementation 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. While noting that prisoners have the right to be given suitable work, in accordance with section 77(1) of the Act, the Committee 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 repeated indications in its report that work of prisoners both inside and outside prison premises is voluntary and always requires that their intention should be duly expressed in writing. The Government adds that prisoners have to file a request to the prison director, the correctional institution or the prison boarding house, who may issue a written order to authorize the prisoner to work after his or her ability to work has been established. Then, the committee, provided for under section 35 of the Rules and Regulations on the Implementation of the Execution of Penalties and Detention in Custody Act, may decide to allocate the prisoner to a worksite. The Committee notes the additional information provided by the Government on the working conditions of prisoners. The Committee also notes the comments made by the Confederation of Independent Trade Unions in Bulgaria (CITUB) communicated with the Government’s report which considers that the clarifications provided by the Government are comprehensive.

While noting the Government’s indication that in practice prisoners cannot be forced to work even if they have incentives to do so, the Committee notes that no provision of the Implementation of Penal Sanctions and Detention in Custody Act, 2009, requires the prior formal and informed consent for the work of prisoners for private companies, both inside and outside prison premises. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. Considering that, according to the Government, in practice, prisoners cannot be forced to work for private companies but should express in writing their intention to do so, the Committee requests the Government to align its national legislation with its national practice in order to incorporate into its legislation the necessary safeguards to ensure that the work of prisoners for private companies, both inside and outside prison premises, is always carried out with the formal, informed and freely given consent of the person concerned. The Committee requests the Government to provide information on the progress made in this regard, as well as copies of requests for work filed by prisoners. Please also provide a copy of the Rules and Regulations on the Implementation of the Execution of Penalties and Detention in Custody Act, and of Order No. LS-04-241/25.02.2010 and Order No. LS-04-89/25.01.2011, both issued by the Minister of Justice.