COMMITTEE EXAMINES REPORTS OF BULGARIA ON OPTIONAL PROTOCOLS TO CONVENTION ON RIGHTS OF CHILD

24 September 2007



The Committee on the Rights of the Child today reviewed the initial reports of Bulgaria on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.

In opening remarks to the Committee, Vessela Banova, Deputy Chair of the State Agency for Child Protection of Bulgaria, said that the two Optional Protocols to the Convention on the Rights of the Child – on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography – were ratified by Bulgaria in November 2001, and since then the impact of that action had been felt at the legislative level; in terms of national policies concerning children and child protection; in the adoption of a multisectoral approach to child victims; in the putting in place of social services for children; and in awareness raising programmes for the general public, as well as for professionals involved with children.

In preliminary concluding observations, Committee Expert Nevena Vuckovic-Sahovic, Rapporteur for the report of Bulgaria on the Optional Protocol on the sale of children, child prostitution and child pornography, welcomed the dialogue that had been held today with the Bulgarian delegation in which many issues had been addressed. During the discussion today it had become clear that many things had been improved, but many more still needed improvement. In its concluding observations the Committee would address issues of legislation, data collection, and prevention and protection of the rights of child victims in Bulgaria. It would have been appreciated if there could have been more practical, concrete information, and it was hoped that that would be provided in their next meeting.

In other comments, Committee Expert Dainius Puras, Rapporteur for the report of Bulgaria on the Optional Protocol on children in armed conflict, said Bulgaria had made substantial progress in implementing the Optional Protocol on the involvement of children in armed conflict.
Among others, he had been concerned to know what training had been provided for peacekeeping troops in human rights; what measures were being taken or planned to raise public awareness about the Optional Protocol, including among children; whether there was a monitoring mechanism to determine if child asylum-seekers had been affected by armed conflict, and whether there were mechanisms to help such children; and what were the possibilities for the Ombudsman or other national institutions involved in the protection of children's rights to take care of such cases.

The Committee will release its formal, written concluding observations and recommendations on the report of Bulgaria towards the end of its three-week session, which will conclude on 5 October.


Also representing the delegation of Bulgaria was Petko Draganov, Permanent Representative of Bulgaria to the United Nations Office at Geneva and other members of the Permanent Mission, as well as representatives of the Ministry of Foreign Affairs, the Commission against Trafficking in Persons, the Ministry of Internal Affairs, the State Agency for Child Protection, and the Ministry of Justice.

As one of the 193 States parties to the Convention, Bulgaria is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Wednesday, 26 September, it will take up the initial reports of France under both the Optional Protocols to the Convention – on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography (CRC/C/OPAC/BGR/1 and CRC/C/OPSC/BGR/1).

Reports of Bulgaria

The initial report of Bulgaria (CRC/C/OPAC/BGR/1) under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict says Bulgaria ratified the Optional Protocol in November 2001. According to the Constitution of Bulgaria, all international treaties which have been ratified and have entered into force constitute part of domestic law. Any such treaty takes priority over any conflicting provisions of domestic legislation. In the process of ratification, Bulgaria reviewed all its domestic legislation, so as to ensure its conformity with the requirements and standards set forth in the Optional Protocol. It was established that Bulgarian domestic legislation was in full compliance with the provisions of the Optional Protocol. Bulgarian legislation does not provide for any recruitment of children in the armed forces. Persons subject to the jurisdiction of Bulgaria, who are under 18 years of age, cannot be recruited to serve in the army. According to the Defence and Armed Forces Act, the minimum conscription age is 18, and the maximum conscription age is 27. Bulgarian legislation also provides for the possibility of alternative service. It should be noted that there are no cases of participation in armed conflicts of persons subject to the jurisdiction of the Republic of Bulgaria who are under 18 years of age.

The initial report of Bulgaria on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/BGR/1) says the main governmental body in Bulgaria with competencies on issues of child protection is the State Agency for Child Protection, which was established in October 2000 pursuant to the Child Protection Act. Legislative measures for the protection of children from sexual abuse were undertaken in two directions. Firstly, relevant legislation was adopted (e.g., the Child Protection Act and Combating the Illegal Trafficking in Persons Act) which led to the creation of a special mechanism for child protection and the enhancement of the administrative capacity of the system for protection. At the same time, amendments were made to the Penal Code which provide definitions for new offences and strengthen the sanctions with regard to offences committed against children. The definitions given by the Protocol to the terms “sale of children”, “child prostitution” and “child pornography” have been incorporated into Bulgarian legislation.

Presentation of Reports

VESSELA BANOVA, Deputy Chair of the State Agency for Child Protection of Bulgaria, said that
the two Optional Protocols to the Convention on the Rights of the Child – on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography – were ratified by Bulgaria in November 2001, and since then the impact of that action had been felt at the legislative level; in terms of national policies concerning children and child protection; in the adoption of a multisectoral approach to child victims; in the putting in place of social services for children; and in awareness raising programmes for the general public, as well as for professionals involved with children.

The prevention of violence and all forms of exploitation and abuse of children, as well as the defence, assistance and reintegration of victims, was one of the key priorities of the Bulgarian State child protection policy. Ms. Banova underscored that Bulgarian legislation protected children from activities harmful to their physical, psychological, moral and educational development, and recognized their right to protection against physical and psychological violence, as well as against any forms of sexual exploitation, and against the dissemination of pornographic material. Two special laws had been adopted in this area: the Law on Protection against Domestic Violence of 2005, and the Law on Combating Trafficking in Persons of 2003. The National Commission on Combating Trafficking in Persons, which coordinated and implemented the national programme in this area, was also becoming ever more active.

Ms. Banova highlighted that the ratification of the Optional Protocol on the sale of children, child prostitution and child pornography had been preceded by the first national conference on the theme of sexual abuse and sexual exploitation of children, which had been jointly organized by the State Agency for Child Protection and the United Nations Children's Fund (UNICEF) and End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes (ECPAT) International, in June 2001. Some 90 representatives from public institutions, international and non-governmental organizations had participated. That work had continued with the publication of the brochure "Child Sexual Abuse", which dealt with the themes of legislation in the area; the situation of children at risk; violence in public institutions for children; and the press as a key factor in informing the public in this area, to the international context and to commercial sexual exploitation of children.

In 2003 the Council of Ministers had adopted the Action Plan against Sexual Exploitation of Children for Commercial Purposes, Ms. Banova continued. Following its adoption, a coordination mechanism had been put in place to refer cases of unaccompanied children and victims of sales who came home from abroad, so that they could be taken care of. It proposed a system for interstitutional reference of cases at the national and local level, to identify children, to look into the reasons for their travel abroad, to understand their family situations, and to take necessary measures for their defence. It had therefore been possible to put in place special services for child trafficking victims and to assist unaccompanied minors to return from abroad. All those services were financed by the national budget. Victims of trafficking and their families also received direct assistance within the framework of the International Labour Organization project to combat the worst forms of child labour. In addition, Bulgaria had set up three crisis centres for victims of trafficking to provide for their daily needs. The centres also contained programmes for their social reinsertion.

The system for child protection in Bulgaria, significantly, had raised awareness in society about the problem of violence against children, Ms. Banova observed. It had also drawn attention to existing cases and made possible the provision of assistance to victims. The State Agency for the Protection of Children and the child protection departments had already received complaints and testimony that showed that violence against children existed not only in the family setting, but in educational institutions as well. Another serious problem was the continued practice of corporal punishment. In 2001, the departments for the protection of children had registered 75 cases of violence of children who had been subjected to violence, and 49 children were reported as at risk and had benefited from assistance, in comparison with 2006, during which social workers had taken child protection measures against 1,742 child victims of violence, in response to a total of 2,855 complaints. Those figures indicated that the new measures in place to assist child victims were known to the public.

The State Agency for the Protection of Children had a website dedicated to the question of child sexual exploitation (www.stopech.sacp.government.bg), which provided the possibility of lodging complaints. To date, 270 complaints had been received. There was also a site for lodging complaints against Internet sites containing illegal or harmful material. Further, working with the United Nations Development Programme, Bulgaria had implemented the project "The Internet and Children's Rights", which sought to stimulate a responsible attitude among children using the Internet, Ms. Banova added.

Among national policy instruments in the child protection area was the Action Plan against Sexual Exploitation of Children for Commercial Purposes, Ms. Banova said. In addition, there was a national integrated plan to implement the Convention on the Rights of the Child, 2006-2009, which established estimates for and assured funding for the various activities undertaken in that regard, including the protection of children against trafficking and the worst forms of exploitation. One result had been the budget allocation for 2008-2010 for a national child hotline, which would be inaugurated in October 2007.

In conclusion, Ms. Banova informed the Committee that Bulgaria was preparing a long-term strategy for children, 2007-2017, which was a natural extension of the goals and principles set out in the Integrated National Plan for the Implementation of the Convention on the Rights of the Child.

Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict

DAINIUS PURAS, the Committee Expert serving as Rapporteur for the report of Bulgaria on the involvement of children in armed conflict, said Bulgaria had made substantial progress in implementing the Optional Protocol on the involvement of children in armed conflict. It had been ratified in November 2001. In accordance with the Constitution of Bulgaria, that meant that the Optional Protocol had the force of law, and had priority over national legislation. In addition, Bulgaria had taken action to harmonize its legislation with the Protocol. Further, those who were under 18 years of age could not be recruited to serve in the army in Bulgaria, and from January next year compulsory recruitment would be abolished, and military service would only be on a voluntary basis thereafter.

Nevertheless, some questions persisted. On the issue of Bulgaria's contribution to peacekeeping forces, Mr. Puras asked for information on the training provided to such troops, in particular on human rights and on the obligations of Bulgaria under the Optional Protocol.

As for dissemination of the Protocol, Mr. Puras asked what measures were being taken or planned to raise public awareness, including among children, about it?

On asylum-seekers, Mr. Puras wanted to know whether there was a monitoring mechanism to determine if child asylum-seekers had been affected by armed conflict, and whether there were mechanisms to help such children. What were the possibilities for the Ombudsman or other national institutions involved in the protection of children's rights to take care of such cases?

LUCY SMITH, Committee Expert serving as co-Rapporteur for this report, noting that recruitment of children was not specifically criminalized in Bulgarian legislation, requested that Bulgaria specifically criminalize the prohibitions contained in the Optional Protocol. That was also important if Bulgaria were to have extraterritorial jurisdiction over such crimes – they had to be defined in national legislation.

Other Experts then raised a number of issues, including military schools, and whether they were staffed by military or civilian staff, whether they included human rights education, and whether they provided training in the use of arms; whether in exceptional situations, including those of martial law, children could be recruited below 18; and whether Bulgarian legislation prohibited the export of small arms to countries that employed child soldiers.

Response by Delegation

Responding, on the issue of human rights education, the delegation said that Bulgaria participated in peacekeeping operations under the auspices of the United Nations. There was a requirement on all United Nations contingents to raise awareness on certain aspects of human rights. After Bulgaria's participation in Cambodia in the early 1990s, specific training modules had been set up for all military staff participating in peacekeeping. That included courses on international humanitarian law, human rights law – in particular the international obligations assumed by Bulgaria. That education contained information on the Optional Protocols to the Convention on the Rights of the Child.

The Ombudsman monitored the Optional Protocol on the involvement of children in armed conflict. As that Protocol had been duly ratified, it formed part of Bulgaria's national legislation, which the Ombudsman was tasked with reviewing, the delegation said. The Ombudsman himself had affirmed that the issue of children's rights was a priority for his office. There were no limits to the Ombudsman's authority, including over the military.

On military schools, the delegation explained that there were no military schools for secondary education under the Ministry of Defence. Such schools had existed prior to 1989, but no longer. In addition, in Bulgaria secondary education continued until the age of 19. In the extremely unlikely event that a child completed their secondary education early, a few months before their eighteenth birthday and wished to enrol right away in military school, that would require parental consent, the child would not be treated as military personnel, and that student could only join the armed forces by contract after the age of 18.

In terms of criminalizing the recruitment of child soldiers, the delegation explained that violation of official duties under the Defence and Armed Forces Act carried sanctions under the Bulgarian Penal Code. Therefore, if a person were to recruit a child, which was against the Defence and Armed Forces Act, they would be subject to criminal sanctions. As for extraterritorial jurisdiction, since 1968, extraterritorial jurisdiction had existed for crimes committed by Bulgarians abroad, or for crimes committed by others affecting Bulgarian citizens.

As for asylum-seeking or unaccompanied children affected by armed conflict, the delegation explained that such children were closely monitored. Each was assigned a guardian, responsible for coordinating their care. There was a national programme on asylum-seekers, which among others, sought information on the reasons for asylum. To date, no children had sought asylum for reasons involving armed conflict.

In terms of export of small arms, Bulgaria had one of the most modern and strict export control systems, the delegation noted.

Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of Bulgaria on Optional Protocol on the sale of children, child prostitution and child pornography, while welcoming the report, which followed the now-superseded former guidelines, said there had not been enough information in the report on failures and gaps in implementation. Fortunately, there had been some of that in the presentation today, and that was welcome.

As for the State Agency for Child Protection, Ms. Vuckovic-Sahovic had visited it three years ago and had been extremely impressed. However, what she did not understand was why Bulgaria had opted for an Act on Child Protection, and not on the Rights of the Child? In the Committee's last recommendations, it had recommended strongly that legislation on the State Agency be amended to include all rights of the child.

Regarding definitions and legislation, Ms. Vuckovic-Sahovic said that the information provided did not make it clear if the provisions of article 3 of the Optional Protocol (which requires that a number of areas be specifically penalized under a State party's domestic law) had been fully incorporated, in particular provisions covering attempts to commit such acts.

MARIA HERCZOG, Committee Expert serving as co-Rapporteur for this report, said it was particularly relevant that Bulgaria had the Action Plan against Sexual Exploitation of Children for Commercial Purposes and that it was implemented. That was to be lauded, as well as the involvement of non-governmental organizations in that plan. However, had Bulgaria undertaken an evaluation of that plan and, if so, what had been the result, she asked.

Ms. Herczog also asked for statistics on school dropouts and child abuse and neglect, as those were risk factors for children associated with sexual exploitation and trafficking. Did the Action Plan against Sexual Exploitation of Children for Commercial Purposes track those factors? Also, did the Plan take account of especially vulnerable children, such as Roma children, children with disabilities and those living in institutions? There had also been a scandal following a BBC special, filmed in a Bulgarian children's home, and she would appreciate hearing the delegation's comments on that.

Ms. Herczog wondered if sex education was available to children, and what topics were touched upon in that context, in particular if the threats of trafficking, prostitution and pornography were mentioned.

Another risk factor for trafficking and sexual exploitation was adoption, Ms. Herczog observed. Therefore, the delegation was asked to provide further information and statistics on adoptions, and on follow-up for international adoptions.

There had long been a phenomenon of young women going to give birth in Greece, Ms. Herczog said, for sale of their infants to the United States. Was there still such a problem in Bulgaria, and if so what was being done to combat it?

Other Experts then raised a number of questions and asked for further information on a variety of topics including, among others, specific legislation criminalizing the sale of organs; extradition policies for crimes under this Protocol; how Bulgaria was combating the phenomenon of institutionalization of children; how child sexual exploitation was monitored in institutions; progress on measures to ensure children were not exposed to pornography on the Internet; services for child victims of trafficking, in particular measures to ensure repatriated children were not going back to situations where they would be revictimized; programmes to track and find missing children; and information that institutionalised children were kept in the same facilities as adults in certain cases. An Expert was concerned that the data provided on the sale of children was not disaggregated by sex, age and nationality, and the data on trafficking had only provided numbers on reported cases. An Expert was concerned that protection for trafficked children was dependent on their collaboration with the Bulgarian Authorities.

Response by Delegation

Responding to questions on the implications and fallout from the "so-called" BBC scandal, the delegation said the specialized agency mentioned in the BBC film was a home for handicapped children in the village of Mogilino. There were 27 such agencies for handicapped children in Bulgaria. For the past few years, Bulgaria had been taking steps to reform such institutions, and indeed children's deinstitutionalization was part of Bulgaria's major policy goals. In 2004, and again in 2006, all children's institutions had been evaluated by the State Agency for Child Protection, which had thereafter drawn up recommendations on each agency for submission to the Council of Ministers. Mogilino was the only institution for handicapped children that the State Agency had recommended should be shut down. Given the serious nature of the handicaps children suffered from there, it was recommended that that agency be closed over the course of a year. Intake for the centre had been closed, and resources had been mobilized to move the 75 inmates to other institutions with proper standards.

Fortunately the situation in Mogilino was not representative of the situation of children's institutions in Bulgaria, the delegation said. It had been the result of decentralization that had not been thoroughly thought out. The State Agency for Child Protection had proposed to the Council of Ministers that locally run children's institutions should have to submit to a rigorous licensing process, as was already done for non-governmental organizations involving children. In addition, in May 2007, along with UNICEF, 28 regional training programmes had been carried out with the participation of State and municipal institutions.

Regarding the definition of the law as the Child "Protection" Act, rather than the Children's Rights Act, the philosophy of the Government in this sphere had always been a rights-based approach, the delegation stressed. It had been thought – rightly or wrongly – that "protection" included rights, and that protection was the more comprehensive term. In any case, Bulgaria had been quite active in demonstrating its commitment to children's rights following the adoption of the Convention on the Rights of the Child.

As for statistics, the delegation said the data provided by the State Agency had been collected from all bodies involved in child protection in Bulgaria, some 272 of them. However, there was a legal issue here: the personal data protection act of 2002, as amended in 2006, expressly prohibited the processing of personal data revealing racial or ethnic origin or religious or political convictions. There were some exceptions, where the data was for specific purposes by State institutions, but then it could not be disclosed to third parties. That meant that in certain cases, the State Agency had the disaggregated data needed, but could not publicly disclose it.

Regarding concrete prevention measures on trafficking for vulnerable populations, there was a prevention section in the Commission against Trafficking in Persons, covering at risk groups of women and children, including ethnic minorities. In addition, with regard to protection of victims, there were additional provisions for child victims and to ensure their reintegration into society, the delegation said.

On ethnic minorities and their potentially higher vulnerability to violations of their rights, there was no State-approved definition of national minorities in Bulgaria. Gathering of ethnic data in Bulgaria worked on the principle of self-identification. As for the Roma, there were some 370,000 persons who had self-identified as Roma. There was no way that the State Agency could treat those that had not self-identified themselves as such, as Roma, the delegation underscored.

In any case, the single greatest risk factor for sexual abuse, sexual exploitation and trafficking of children was social marginalization, including poverty and the experience of violence, including sexual violence, within the family. Bulgaria had numerous programmes to deal with that, including training for social workers and judges in this area. In the national strategy that it was hoped would soon be adopted, there were a number of programmes and policies aimed specifically towards those marginalized groups of children.

Sexual education was not an official part of the school curriculum, the delegation said. The State Agency website had a teenager's club link where children could ask any questions on this topic that they wanted, anonymously, and they would be answered by a team of counsellors and psychologists.

With respect to trafficking in babies via Greece, the delegation said that the Commission against Trafficking in Persons had instituted a programme in Burgas, a region where there had been a high level of human trafficking, in conjunction with non-governmental organizations. Among others, health education in family planning had been undertaken; women at risk for trafficking had been trained in professions; and social support and security had been offered. Also, in 2006, a major trafficking ring involved in the sale of babies to Greece had been dismantled. In 2006, the number of reported cases of trafficking in infants had fallen dramatically and so far in 2007 no such cases had been reported.

As for specific criminal provisions, in 2006 the elements of the crime of trafficking in babies had been established in the article on crimes against youth. Sale of bodily organs was not covered explicitly by the Penal Code, but it was thought to be covered under the law against "dispossession of bodily organs", the delegation explained. There was a general provision against inducement into sexual acts, which carried stricter penalties if minors were involved. With regard to pornography, the law prohibited the display, offer, sale or presentation of pornographic material to children under the age of 16. Pornography using children was penalized specifically under another provision of that same law.

Providing data on human trafficking, the delegation said that in 2004, there had been 67 cases brought, with 35 indictments against 44 accused, with 3 convictions; in 2005 there had been 82 cases brought with 32 indictments, against 63 people, with 33 convictions; and, in 2006, 155 cases had been brought, with 73 indictments involving 129 accused, with 71 convictions. On child prostitution, Bulgaria had statistics on the basis of lewdness, rape and homosexual violence committed against children: in 2005, for a total of 177 convictions, there were 80 for lewdness, 36 for rape, and 31 for homosexual violence; and in 2006, for a total of 151, there had been 151 convictions for lewdness, 29 for rape, and 17 for homosexual violence. As for child pornography, for the first half of 2007, there had been 17 newly initiated court proceedings, 6 of which had ended in convictions already, the delegation affirmed.

In terms of financial compensation, the delegation said that a new law had come into force this year which provided for compensation for victims of crimes, specifically including trafficking and rape. The Ministry of Justice provided for the compensation, budgeting $1 million Bulgarian levas in 2007: 70 per cent for financial compensation and 30 per cent for other assistance, including medical care.

The delegation said that adults and children in care were not kept in the same facilities, except in cases of trafficking victims with young infants.

As for ease of travel of children, given Bulgaria's accession to the European Union, the delegation noted that, while travel in general may have been facilitated, travel of children was not easy. Children travelling with a single parent, for example, had to produce a signed document from the other parent authorizing that travel. In addition, children that were felt to be at risk for trafficking could be stopped by the Border Police even in cases where they had all the requisite travel documents.

Preliminary Concluding Observations

In preliminary concluding observations, Committee Expert NEVENA VUCKOVIC-SAHOVIC, Rapporteur for the report of Bulgaria on the Optional Protocol on the sale of children, child prostitution and child pornography, welcomed the dialogue that had been held today with the delegation in which many issues had been addressed. During the discussion today it had become clear that many things had been improved, but many more still needed improvement. In its concluding observations the Committee would address issues of legislation, data collection, and prevention and protection of the rights of child victims in Bulgaria. It would have been appreciated if there could have been more practical, concrete information, and it was hoped that that would be provided in their next meeting.

In additional preliminary observations, Committee Expert DAINIUS PURAS, Rapporteur for the report of Bulgaria on the Optional Protocol on children in armed conflict, thanked the delegation for the constructive dialogue.
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