Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bulgaria (Ratification: 1999)

Relevance of compulsory prison labour to the Convention. The Committee previously observed that convicted prisoners have the obligation to perform labour pursuant to the Execution of Penal Sanctions and Detention in Custody Act of 2009 and the Rules Implementing the Execution of Penalties and Detention in Custody Act of 2010, as amended in 2017. It noted that according to 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, non-compliance with this obligation being punishable with disciplinary sanctions under sections 100(2) (1 and 5) and 101 of the Act. Section 167(1) of the Implementing Rules states that all prisoners, who are capable of working, are obliged to perform work assigned to them by the administration.

The Committee notes the Government’s information in its report that the provisions under the Execution of Penal Sanctions and Detention in Custody Act and its Implementing regulations will be discussed during the forthcoming regulatory amendments. In this regard, the Committee recalls that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no bearing on the application of the Convention, but if a person is in any way compelled to work because he or she holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, this situation is covered by the Convention. The Committee requests the Government to provide information on the amendments adopted to the legislation governing the execution of penal sanctions, indicating whether convicted persons remain under the obligation to perform labour.

Article 1(a) and (c). Penal sanctions involving compulsory labour as a punishment for expressing political views and for breaches of labour discipline. The Committee previously noted that several provisions of the Penal Code provide for sanctions of imprisonment, which involve compulsory prison labour, in situations that may fall within the scope of:

• -Article 1(a) of the Convention in relation to expressing political views (section 108(1) for the propagation of “anti-democratic ideology”; section 164 for dissension on religious grounds by speech, press, action or otherwise; section 166 for using religion and church in a propaganda against authorities, by speech, press, action or otherwise; and section 174(a)(2) for conducting a public assembly, meeting or manifestation, in violation of legislation); and
• -Article 1(c) of the Convention in relation to breaches of labour discipline (section 107 for creating difficulties or disorder in the functioning of industry, transport, agriculture or other branches of the economy or individual enterprises, by obstructing their normal work or by non-performing regular duties; and section 228(1) for issuing poor-quality, non-standard or incomplete products).

The Committee notes the copy of the court decisions handed down in 2020 and 2016 for violations under section 164 (two cases), section 174(a) (one case) and section 228 (one case) of the Penal Code, submitted by the Government with its report. In all the cases, no criminal liability was established and the accused were imposed with administrative penalty involving fines.

While acknowledging that no penal sanctions involving compulsory labour were imposed under the above mentioned provisions, the Committee nevertheless recalls that sections 107, 108(1), 164, 166, 174(a)(2) and 228 of the Penal Code are worded in terms broad enough to lend themselves to application as a means of punishment for peacefully expressing views or breaches of labour discipline and, in so far as they are enforceable with sanctions of imprisonment involving compulsory prison labour, they may have a bearing on the application of the Convention. The Committee therefore requests the Government to provide information on the measures taken to review the above-mentioned provisions so that no penal sanctions involving compulsory prison labour may be imposed on persons for peacefully expressing political views or for breaches of labour discipline. The Committee also requests the Government to continue to provide information on the application of sections 107, 108(1), 164, 166, 174(a)(2) and 228 of the Penal Code in practice, including copies of court decisions defining or illustrating their scope as well as the sanctions applied.