IHF-HR: "A Form of Slavery: Trafficking in Women in OSCE Member States"
  Country Reports

BULGARIA

SPECIAL ISSUES

INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS

''A FORM OF SLAVERY: TRAFFICKING IN WOMEN IN OSCE MEMBER STATES'' COUNTRY REPORTS:

BULGARIA

July 2000

Trafficking in women is not prosecuted as a separate offence in the Bulgarian Criminal Code (1968) and the law does not define it as a special offence. This means that there is still no legal concept (in the criminal law framework) of the phenomenon of trafficking in women and its higher social peril. Moreover, the law in force shows that the legislator is far from conceptualizing the phenomenon as a violation of human rights. The very placement of the main provisions with regard to trafficking in the chapter entitled “Lechery”/ Debauchery may be interpreted in a way that the legislator views trafficking in women as a violation of the sexual inviolability of a woman, rather than of her human rights in general.

There are provisions in the Criminal Code which enable the prosecution of specific offences that are components of this complex crime.

According to the article 156, persuading (or inducing) a female into prostitution is punishable by a 3-year sentence. Another relevant provision of article 156 provides a penalty of up to 10 years imprisonment for the abduction of a female for the purpose of disposing of the woman for lechery. The penalty is higher (between 3 and 12 years imprisonment) when the abducted woman is under 18 years of age, or if she has been disposed for lechery, or if the purpose of the abduction is to dispose the person for lechery abroad. This last paragraph of article 156 could be successfully applied to trafficking in women.

Nevertheless, the provision is assessed as unsatisfactory in terms of defining the phenomenon. This offence is actually comprised of three violations of women’s human rights – (the illegal deprivation of) personal liberty, freedom of movement and the sexual inviolability of the woman. Still, the law emphasizes lechery, giving less weight to the other types of criminal behaviour.

For that reason, the first Multidisciplinary Round table devoted to combating trafficking in women was organised by Foundation Animus Association on 15-16 March 2000, and made proposals for legislative change, including:

·         Art.156 should be amended to contain the aims and the mechanisms of trafficking

·         A legal definition of trafficking in women should be elaborated in the Criminal Code

·         A better regime for licensing firms and offering jobs abroad is necessary

·         Social support for victims in the process of rehabilitation is necessary

·         A legal aid scheme for victims is necessary

Other relevant texts in the Criminal Code include:

The illegal detention of a person is a crime according to article 142a. This provision could also be used against the perpetrators.

Blackmailing a person is a crime (art. 214), and could be applied to prosecute the labor exploitation of women.

Article 97a of the Criminal Procedure Code provides special protection for the witness. This provision could be used in the legal protection of the victims.

In terms of implementation, the more serious issue is the complete lack of judicial practice under these legal provisions. For instance, in the official judicial statistics for 1998 there were no convictions under article 155 or article 156 of the Criminal Code. The reason for this may be the lack of good police practice in arresting and collecting evidence against the traffickers. There is still no protection for witnesses that might ease the judicial proceedings. 

Although the Bulgarian Criminal Code does not define trafficking in women as a separate offence, the provision concerning female abduction in para 3 particularly implies the crossing border element (art.156, para 3).

In Bulgaria, trafficking in women is viewed mainly as an issue of organised crime, and is therefore dealt with mainly by the Department for Combating Organised Crime at the Ministry of the Interior. Official information from this source reveals that Bulgaria is primarily a “sending country”. Three directions or channels are identified as most frequently used for the export of women:

·         North – through Romania to Poland and Czech Republic, and then to Western European countries.

·         West – through Macedonia to Albania, and then to Italy and Spain.

·         South – to Greece and Cyprus.

Data from the correspondents of the Bulgarian NGO Foundation “Association Animus” (FAA) shows that nearly 10,000 Bulgarian women have been trafficked into countries in Western Europe. Ex-communist countries are the easiest way to leave the country because visas are not required - the women could stay there without permission for three months. During that period of time, their visas and other documents for the Western countries are prepared by the traffickers.

Bulgaria is also a “transit country” for women trafficked from Russia, Romania, Moldavia, and Ukraine into Turkey.

In cases of women coming to Bulgaria from Russia, Romania, Ukraine and Moldavia, Bulgaria also appeared to be a “receiving country”. 

According to the first National Representative sociological Survey – “Job Abroad and the Young Women in Bulgaria” held from December, 1999 – January,2000 by the International Organisation for Migration, Sofia in the framework of the project: “Information Campaign for Prevention of the Trafficking in Women in Bulgaria”, the main factors contributing to trafficking are the lack of prospects for young women and the marginalisation of women as a social group. For these reasons, 32% of the respondents expressed a desire and intention to look for a job abroad.

This is a result of an overall situation in the country that is characterized by:

·         Increasing poverty and unemployment – in society and among women. It is reported that about 80% of the population live below or close to the poverty line. The official unemployment rate is 18%, but according to independent researchers, the figure is closer to 30% (24 hours, Daily, 16 May, 2000). Women comprise 65% of the long-term unemployed (UNDP, 1997).

·         Uncertainty about the future and mistrust in social development

·         Lack of targeted social programmes by the Government

·         Weak policies for prevention and combating the phenomenon

·         Lack of information, media campaigns

According to the Survey referred to above and FAA, the main method of recruitment is through advertisements in the Press – for job vacancies abroad, especially for dancers in nightclubs, home workers, and companions. There are also advertisements to marry foreigners.

FAA also notes the:

–         forced prostitution in the country, and

–         sale of young daughters of the Roma families.

The results from the Survey mentioned above reveal that women do trust the police in cases where they need to report forced prostitution or trafficking. Despite this attitude though, the reality is that, apart from signals and reports from abroad not many cases are reported in the country. The main successful actions of the Bulgarian police are the joint actions with their foreign colleagues; for example with the Czech police.

Because Bulgaria still views trafficking as issue of organised crime, the only governmental bodies in the country attempting to address the phenomenon are the Ministry of Interior and the National Police. A contract for cooperation between the Ministry of Interior and the IOM was signed in November 1999. Nevertheless, special state policies for prevention are still missing. The legislator has yet to consider trafficking as a serious violation of women’s human rights, and there are still no good practices in terms of prevention or appropriate education for police and social workers in addressing women at risk.

NGOs are more active in this direction. The most important initiative for combating trafficking in women in Bulgaria is the Programme “La Strada”. Bulgaria is among the countries in Europe where the programme has been implemented since 1998. One of the activities in this programme is a campaign for the prevention of trafficking.

Another organisation implementing a programme in this field is IOM, supported by the US State Department. Its office in Sofia began a large project in 1999 aimed at conducting research on the main factors contributing to trafficking in Bulgaria and campaigning for its prevention.

The concrete activities undertaken so far include:

·         Based on the research results, the IOM office undertook a large information campaign in the central media to raise awareness in society in general, and particularly among the women, about the phenomenon and the possible forms of recruitment.

·         The campaign was supported by posters, leaflets and brochures addressed to women and disseminated through different public institutions such as police offices, public transport, newspapers, hospitals, and municipalities.

·         In the framework of “La Strada” project, FAA organised the first Multidisciplinary Round table on 15-16 March 2000 devoted to combating trafficking in women. The Round table was attended by representatives of the Ministry of Labour and Social Affairs, the Ministry of Interior and the Ministry of Justice, the National Police, Embassies of the USA and The Netherlands, IOM, several women’s NGOs and the central media.

·         The Round table initiated the drafting of a National Plan to combat trafficking with the following components:

i.            Police duties: Information exchange between police offices on both a national and international level, training of police officers to deal with victims;

ii.            Legislative reform (see above);

iii.            Reform in the social sphere concerning the improvement of the work of the labour offices, employment programmes especially for at-risk groups, special programmes for preventing the social exclusion of these groups, training of social workers.

iv.            Programmes for the rehabilitation and integration of victims.

In terms of returning trafficked women, there is good cooperation between the government and Animus Association in this field. In the framework of international cooperation, some successful actions have taken place. Upon their return, the victims of trafficking were immediately directed to the consultancy services of Animus Association.

The only support services available to women are provided by NGOs, mainly by Foundation Animus Association - national coordinator for La Strada programme in Bulgaria, which reports that special support and rehabilitation have been provided for 60 women victims of trafficking so far. For the moment, some of these women were directed to the only shelter that exists in the country and which is managed by another NGO- “Nadia Centre”. The shelter was created for the purpose of giving refuge to battered women and their children. However, the use of the shelter for trafficked women as well may cause inconveniences. A separate solution that would give refuge to women victims of trafficking is clearly needed.

In terms of research related to the dimensions of trafficking in women, the International Organisation for Migration, Sofia, held the first National Representative Sociological Survey entitled – “Jobs Abroad and the Young Women in Bulgaria” from December, 1999 – January, 2000 in the framework of the project: “Information Campaign for the Prevention of Trafficking in Women in Bulgaria.