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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Bulgaria (Ratification: 1932)

Other comments on C029

Observation
  1. 1996
  2. 1995
  3. 1990

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National programme against trafficking. The Committee notes the Government’s indication that Bulgaria continues to be primarily a country of origin for victims of trafficking in persons, with cases of trafficking for sexual exploitation predominating. In recent years, there has been an increase in cases of human trafficking for labour exploitation affecting both men and women from economically underdeveloped regions with a low level of education who seek better paid jobs abroad. Their limited social and professional experience, together with their lack of awareness of living and working conditions in destination countries, leads them to underestimate the risk of exploitation. The Committee also notes the information provided by the Government on the various prevention and awareness-raising campaigns against trafficking in persons organized by the National Commission for Combating Trafficking in Human Beings (NCCTHB) from 2020 to 2024. These activities targeted both Bulgarian citizens seeking better job opportunities abroad and third-country nationals arriving in Bulgaria, as well as targeted prevention among vulnerable groups such as the Roma community and ethnic minorities.
The Committee also notes the Government’s indication that, each year, the NCCTHB develops a National Programme for the Prevention and Counteraction of Trafficking in Human Beings and the Protection of Victims The Programme adopted in 2024 includes: (a) institutional and organizational measures; (b) prevention, including activities related to raising general awareness and targeted prevention among vulnerable groups; (c) capacity-building, targeting different professionals and focusing on improving the implementation of the National Referral Mechanism and the investigation process; (d) victim protection; (e) data collection and analysis; (f) international cooperation; and (g) updating the legal framework. The NCCTHB also provides an annual report on the implementation of the National Programme. The Committee requests the Government to continue to take steps to ensure the proper implementation of the objectives set out in the various components of the National Programme for the Prevention and Counteraction of Trafficking in Human Beings and the Protection of Victims, and to provide information on the measures taken in this regard, the findings relating to the monitoring and assessment of these measures by the NCCTHB, the results achieved and the recommendations made to overcome any difficulties identified.
2. Protection and reintegration of victims. The Committee notes the Government’s information that there are seven specialized service centres for the victims of trafficking, which include three shelters for temporary accommodation, one shelter for subsequent reintegration and three advisory service centres providing protection and support. It also notes that under the NRM, 40 to 50 victims received immediate assistance as well as long-term support for reintegration, including legal assistance, vocational training and integration into the labour market, in 2022 and 2023. The Committee also notes that in 2021–22, the NCCTHB and the Federal Ministry of Labour and Social Services of Germany developed a Bilateral Referral and Coordination Mechanism on Trafficking in Human Beings for Forced Labour and Labour Exploitation which outlines the steps involved in identifying, referring and supporting victims of trafficking. The Committee encourages the Government to continue ensuring that victims of trafficking are provided with appropriate protection and services. Recalling that Bulgaria is primarily a country of origin for victims of trafficking in persons, the Committee requests the Government to provide information on the specific measures taken to ensure protection to its nationals abroad and upon their return to Bulgaria.
3. Prosecution and application of penal sanctions. The Committee notes the Government’s information on various training sessions developed for law enforcement and judicial officials, including labour inspectors, as well as the adoption of tools to improve the identification and prosecution of cases of trafficking in persons for both sexual and labour exploitation, such as: instructions for prosecutors’ offices on organizing work trafficking cases and pretrial proceedings; a Methodology for the Investigation of the Crime of Trafficking in Human Beings; and a manual for police officers and prosecutors on applying sections 16a (victims shall not be held liable for actions they were forced to commit as a result of being trafficked) and 329 (1) (criminalizing the receipt of income from illegal or immoral activities) of the Criminal Code. The Government also indicates that after a period of recovery and reflection, almost all victims, especially those who have used residential services, decide to cooperate with the investigating authorities. Experience shows that this special protection is extremely useful in motivating victims to participate in criminal proceedings and to testify against perpetrators. The Committee encourages the Government to continue taking measures to ensure the proper identification, handling and investigation of situations of trafficking in persons for sexual and labour exploitation, in order to enable effective prosecution and the imposition of sufficiently dissuasive penalties on perpetrators. It requests the Government to continue to provide information in this regard, as well as on the number of investigations conducted, prosecutions initiated, convictions handed down and the penalties imposed under section 159(a), (b) and (c) of the Criminal Code.
Article 2(2)(c). Prison labour. In reply to the Committee’s previous comments regarding the explicit requirement in the legislation for the formal and informed consent of the prisoners when working for private entities (as authorized under section 174(1) of the Execution of Penal Sanctions and Detention in Custody Act 2009 (EPSDCA)), the Government reiterates that, in order to be employed, prisoners submit written applications to the head of the prison through the inspector for social activities and educational work, who then provides a reasoned written opinion (section 164(5) of the Rules Implementing the Execution of Penal Sanctions and Detention in Custody Act 2010). Furthermore, prisoners' working conditions are determined by labour legislation (section 175(2) of the EPSDCA). The Government also informs that, given the large number of inmates willing to work and the limited number of jobs, penitentiary institution administrations can engage an additional number of inmates in voluntary unpaid labour (for the improvement, maintenance and hygiene of the prison premises and grounds – section 80 of the EPSDCA). To engage in voluntary unpaid labour, prisoners must apply and express their consent to the specific labour activity in writing.
The Committee notes this information, which confirms the Government’s previous statements on the voluntary nature of prisoners’ work for private entities in practice. However, as sections 96(1) of EPSDCA and 167(1) of the Implementing Rules, refer to prisoners’ obligation to perform the work assigned to them by the prison administration, theCommittee requests the Government to inform of any changes to the established practice, and to provide copies of documents showing how the free and informed consent is obtained when work is performed for private entities (application forms, contracts, remuneration) in order to enable the Committee to assess such practice.
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