COMBATING TRAFFICKING IN HUMAN BEINGS ACT
Promulgated, The State Gazette, No.
46/20.05.2003
Chapter One
GENERAL PROVISIONS
Article 1
(1) This Law shall provide for:
1. The powers and objectives of the state authorities involved in
combating trafficking in human beings, as well as the relations
between them;
2. The status and objectives of the shelters, centres and
commissions established under this Act for protection and support
of the victims of human trafficking;
3. The measures to prevent and defy trafficking in human
beings;
4. The measures aimed at protecting and supporting the victims of
human trafficking, especially women and children;
5. Placing trafficking victims who collaborate with the
investigation under special protection.
(2) This Act is intended to ensure co-operation and co-ordination
between the bodies of state and the municipalities, as well as
between them and the non-governmental organisations (NGOs), with a
view to preventing and defying trafficking in human beings, and
developing the national policy in that area.
Article 2
The following units shall be set up to accomplish
the activities and objectives in Article 1:
1. National and local commissions for combating trafficking in
human beings;2. Shelters for temporary housing of victims of
trafficking;
3. Centres for protection and support of victims of
trafficking.
Article 3
(1) The Council of Ministers shall allocate resources in the
national budget for establishment and maintenance of the shelters,
centres and commissions in Article 2.
(2) NGOs may assist the activity in Paragraph 1 within their
available resources.
Chapter Two
COMMISSIONS FOR COMBATING TRAFFICKING IN HUMAN
BEINGS
Article 4
(1) A National Commission for Combating Trafficking
in Human Beings, hereinafter referred to as "National Commission",
shall be established with the Council of Ministers.
(2) The National Commission shall be chaired by a Deputy Prime
Minister, as designated by the Council of Ministers. The Commission
shall include a deputy minister of foreign affairs, a deputy
minister of labour and social policy, a deputy minister of the
interior; a deputy minister of justice, a deputy minister of
health, a deputy minister of education and science, a vice
president of the State Agency for Child Protection, a deputy
chairperson of the Central Enforcement Commission for Anti-Social
Behaviour of Juveniles and Minors, as designated by the respective
ministers, presidents and chairpersons.
(3) The National Commission shall include representatives of the
President of the Supreme Court of Cassation, the Prosecutor General
and the Director of the National Investigation Service.
(4) The meetings of the National Commission may be attended by
representatives of non-profit legal entities and international
organisations with country offices that operate in the area of
determent of the trafficking in human beings and protection of the
victims of trafficking.
(5) The National Commission shall be assisted in its operation by
administration managed by a Secretary appointed by the Chairperson
of the National Commission.
(6) The Council of Ministers shall adopt Rules of Procedure of the
National Commission.
Article 5
(1) The National Commission shall establish under
certain municipalities throughout the country Local Commissions for
Combating Trafficking in Human Beings, hereinafter referred to as
"Local Commissions". Their locations shall be determined by a
decision of the National Commission.
(2) The Local Commissions in Paragraph 1 shall consist of 3 to 7
members, and their exact number shall be subject to regulation by
the Mayor. They shall be chaired by a deputy mayor. The Local
Commissions shall include representatives of the local government
competent in the area of education, health care and social policy,
representatives of the Local Enforcement Commission for Anti-social
Behaviour of Juveniles and Minors, the child protection departments
with the Social Support Directorates, the police, non-governmental
organisations, as well as teachers, psychologists, lawyers,
physicians, and others. The meetings of the Local Commissions shall
be attended by a regional prosecutor.
(3) If necessary, Local Commissions shall appoint a Secretary. The
payment of the Secretary shall be determined by the Mayor.
(4) Local Commissions shall be funded by the National Commission
budget.
Article 6
The Chairperson of the National Commission shall
present an annual report of its activity to the Council of
Ministers. The Local Commissions shall present annual reports of
their activities to the respective mayors and the National
Commission.
Article 7
The National Commission shall:
1. Organise and co-ordinate the co-operation between the relevant
agencies and organisations for implementation of this Act;
2. Determine and administer the implementation of the national
policy and strategy in the area of combating trafficking in human
beings;
3. Develop on an annual basis a national programme for prevention
and countering of trafficking in human beings and protection of
victims of trafficking, which shall be presented to the Council of
Ministers for approval;
4. Promote the research, analysis and statistical reporting of
human trafficking data;
5. Contribute to the international co-operation for prevention and
countering of trafficking in human beings;
6. Carry out information, awareness and educational campaigns
aimed at potential victims of trafficking;
7. Develop training programmes for officials working in the area
of prevention and countering of trafficking in human beings;
8. Manage and supervise the activities of the Local Commissions
and the centres for protection and support of victims of
trafficking;
9. Register individuals and non-profit legal entities who provide
shelter to victims of trafficking.
Article 8
Local Commissions shall:
1. Organise and co-ordinate the co-operation between the relevant
regional agencies and organisations for implementation of this
Act;
2. Implement the national policy and strategy for combating
trafficking in human beings at a regional level;
3. Implement the national programme for prevention and countering
of trafficking in human beings and protection of victims of
trafficking at a regional level;
4. Assist in the process of research, analysis and statistical
reporting of human trafficking data;
5. Contribute to the international co-operation for prevention and
countering of trafficking in human beings;
6. Carry out information, awareness and educational campaigns
aimed at potential victims of trafficking at a regional level;
7. Implement training programmes for regional-level officials
working in the area of prevention and countering of trafficking in
human beings.
Chapter Three
SHELTERS FOR TEMPORARY HOUSING AND CENTRES FOR PROTECTION AND
SUPPORT OF VICTIMS OF TRAFFICKING
Article 9
(1) The Shelters for Temporary Housing of Victims of
Trafficking shall be set up:
1. By the National Commission based on a proposal made by the
Local Commissions or the municipalities;
2. By individuals and non-profit legal entities who provide
shelter to victims of trafficking and who have been entered into a
National Commission Register under terms and conditions determined
by the regulations in Article 12.
(2) The Shelters shall accommodate persons who claim to be victims
of trafficking. They shall be accommodated for up to 10 days by
their personal request under terms and conditions determined by the
regulations in Article 12.
(3) The accommodation period in Paragraph 2 may be extended by
another 30 days based on a proposal by the Local Commissions, the
pre-trial proceedings authorities or the court, as requested by the
sheltered individual.
Article 10
The Shelters for Temporary Housing shall:
1. Ensure standard living and sanitary conditions;
2. Provide sheltered persons with food and medications;
3. Make available emergency medical and psychological
services;
4. Assist the sheltered persons in establishing contact with their
relatives as well as with the competent agencies and
organisations.
Article 11
(1) The Local Commissions shall set up Centres for
Protection and Support of Victims of Trafficking, hereinafter
referred to as "Centres".
(2) The Centres shall:
1. Provide simple-language information regarding the
administrative and judicial procedures that administer victim
support and protection;
2. Ensure specialised psychological and medical services;
3. Facilitate victims' re-integration in the family and the social
environment.
(3) The necessary funds for operation of the Centres shall be
provided by the National Commission budget.
Article 12
(1) The terms for setting up Shelters under Article
9, Paragraph 1, and Centres under Article 11, the organisation of
their work, their management and control shall be subject to
regulations adopted by the Council of Ministers.
(2) The necessary funds for operation of the Shelters in Article
9, Paragraph 1(1) shall be provided from the National Commission
budget.
Chapter Four
PREVENTION AND COUNTERING OF TRAFFICKING
IN HUMAN BEINGS
Article 13
The National Commission shall organise and
co-ordinate the relevant agencies and organisations involved in the
prevention and countering of trafficking in human beings, based on
the national programme approved by the Council of Ministers, as
under Article 7(3).
Article 14
In order to implement the objectives in Article 13,
the National Commission shall:
1. Initiate and take part in the development and implementation of
measures aimed at creating equal social and economic opportunities
for the risk groups, including:
a) Conditions for integration of the individuals from risk regions
and risk groups into the labour market;
b) Micro-crediting programs;
c) Programmes inciting employers to hire individuals from risk
groups;
2. Ensure public awareness of:
a) Situations where citizens are at risk of becoming victims of
trafficking;
b) The protection to the victims of trafficking provided by the
state and the specialised organisations;
c) The penal and administrative measures taken by the state to
combat trafficking in human beings;
3. Initiate and take part in the development and implementation
of:
a) General education school programmes designed for parents and
students;
b) General education programmes for unemployed and illiterate
citizens;
c) Education programmes for risk groups and risk regions;
d) Education programmes for victims of trafficking.
Chapter Five
PROTECTION AND SUPPORT OF VICTIMS OF TRAFFICKING
Article 15
The bodies of state, the commissions, centres and
shelters, within their competencies, are obliged to provide
protection and support to the individuals who have become victims
of trafficking.
Article 16
The diplomatic and consular missions of the Republic of Bulgaria
abroad shall support and assist the Bulgarian nationals who have
become victims of trafficking to return to Bulgaria.
Article 17
Consular offices with the Bulgarian Embassies abroad, in
co-operation with Ministry of the Interior authorities, shall
assist for speedy and timely issuance of identity documents to
Bulgarian nationals who have become victims of trafficking.
Article 18
(1) The diplomatic and consular missions of the
Republic of Bulgaria abroad shall distribute amongst interested
individuals and risk groups information materials about the rights
of the victims of trafficking.
(2) The diplomatic and consular missions of the Republic of
Bulgaria abroad shall provide information to the bodies of the host
country regarding the Bulgarian legislation in the area of
trafficking in human beings.
Article 19
Information exchange and co-operation with the
competent authorities of foreign countries and the international
organisations shall be implemented in compliance with the national
legislation and the international treaties signed by the Republic
of Bulgaria.
Article 20
The victims of trafficking shall be guaranteed
confidentiality and protection of personal data.
Article 21
Upon receipt of information about a child who has
become a victim of trafficking, the bodies in Article 2 shall
inform immediately the State Agency for Child Protection, which
shall take the relevant measures under the Child Protection
Act.
Article 22
Children who have become victims of trafficking
shall be accommodated in separate premises from adults.
Article 23
Children who have become victims of trafficking
shall be provided with education in state or municipal schools in
the country, in compliance with the Public Education Act.
Article 24
(1) The bodies, shelters and centres in Article 2
shall take prompt measures to search the families of the children
who have become victims of trafficking.
(2) In the cases in Paragraph 1, the specialised bodies under the
Child Protection Act shall take measures to ensure legal
representation.
Article 25
Individuals who have become victims of trafficking
and have declared their willingness to collaborate for disclosure
of the trafficking offenders shall be granted special protection
status for the time of the criminal proceedings, including:
1. Permission to foreign nationals for long-term stay in the
country;
2. Extension of the accommodation period in the shelters.
Article 26
(1) Pre-trial proceedings authorities shall promptly
inform the individuals who have become victims of human
trafficking, upon identification thereof, about the possibility to
receive special protection if within one month the victims declare
their consent to collaborate with the investigation.
(2) The timescale in Paragraph 1 may be extended up to two months
based on a proposal by the State Agency for Child Protection when
the victim of trafficking is a child.
Article 27
(1) Within three days of the filing of the request
of the victim of human trafficking, the Prosecutor shall issue a
writ granting the individual a special protection status.
(2) Denial of the status in Paragraph 1 may be appealed within
three days before a higher-level Prosecutor, who must pronounce
promptly on the complaint.
Article 28
(1) Long-term stay permissions shall be issued in
accordance with the Foreign Nationals Act by the competent
administrative control services with the Ministry of the Interior,
based on the writ in Article 27 hereof.
(2) During their stay in the country, the individuals who have
obtained permissions under Paragraph 1 shall be entitled to rights
of permanent residents in the country within the meaning of the
Foreign Nationals Act, barring the right under Article 35,
Paragraph 2 thereof.
(3) Permissions under Paragraph 1 shall not be granted to
individuals who do not possess identity documents and refuse to
co-operate with their identification.
Article 29
The period for accommodation in shelters shall be
extended in accordance with the timescale determined in the writ
under Article 27 hereof, and it may not exceed the deadline of the
criminal proceedings.
Article 30
(1) The special protection status shall be
terminated by the authorities in Article 27 prior to the expiration
of the term indicated therein, when:
1. The victim has renewed their contacts with the perpetrators of
the crime the investigation of which they have declared to
support;
2. The authority in Article 27 finds that the consent declared by
the victim was fictitious;
3. There is a danger to public order and the national
security.
(2) In the cases in Paragraph 1, the Prosecutor shall issue a
writ, which is subject to appeal within three days before a
higher-level Prosecutor, who shall pronounce promptly on the
complaint.
Article 31
The witness protection provision under Article 97a
of the Penal Procedure Code shall not block the provision of
special protection status to victims of trafficking in human beings
by virtue of this Act.
ADDITIONAL PROVISION
§ 1. For the purpose of this Act:
1. "Trafficking in human beings" means the recruitment,
transportation, transfer, concealment or acceptance of human
beings, regardless of their own will, by means of coercion,
abduction, deprivation of liberty, fraud, abuse of power, abuse of
a state of dependence, or by means of giving, receiving or
promising benefits to obtain the consent of a person who has
control over another person, when it is carried out for the purpose
of exploitation;
2. "Exploitation" means the illegal use of human beings for
debauchery, removal of physical organs, forced labour, slavery or
servitude;
3. The recruitment, transportation, transfer, concealment or
acceptance of children for the purpose of exploitation shall be
considered an act of trafficking in human beings, regardless of
whether they have been carried out by the means in §1 above.
4. "Child" means any individual who is less than 18 years of
age;
5. "Victim" means any person who has become a subject of
trafficking in human beings;
6. "Risk group" means a group of individuals who due to their age,
sex, social status or the geographical location of the region where
they reside pose potential victims of the acts in §1 above.
7. "Risk region" means a region inhabited by groups as in §6
above.
FINAL PROVISIONS
§ 2. The implementation of this Act is assigned to the Council of
Ministers.
§ 3. The provision of Article 3, Paragraph 1 shall enter into
force from 1 January 2004.
This Act was adopted by the 39th National Assembly on 7 May 2003
and has been affixed the official seal of the National
Assembly.
President of the National Assembly: Ognyan
Gerdjikov
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