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Article 2(2)(c) of the Convention. Prison labour in prisons operated under concession. In its previous direct request, the Committee noted that the provisions of the regulations on prisons (Judicial Decree No. 518/98) state that prisoners shall have the right to perform individual work which brings them some type of economic benefit (section 61) and that work activities undertaken by prisoners in the context of agreements implemented by third parties shall be governed by the common labour legislation and, irrespective of the applicable norms, the respective agreements shall provide that the remuneration paid to prisoners by contracting enterprises or third parties may not be lower than the minimum wage determined annually by the competent authority for workers who are not detained; and that the insurance contributions shall also be made to the institution or institutions of the corresponding insurance scheme (section 64).

The Committee notes that in the context of the concession programme relating to prison infrastructure, prisons operated under concession (prisiones concesionadas) have been set up. The implementation of the labour subprogramme, which is the responsibility of the operator, must promote and manage the integration of prisoners in formal paid work inside the prison, whether in the form of tasks that are necessary for the working of the prison or jobs with productive enterprises installed on the premises of the operator or of third parties subcontracted by him.

The Committee recalls, with regard to the situation of prisoners who work in privatized prisons or for private enterprises, that it is only when the necessary safeguards exist to ensure that prisoners offer themselves voluntarily without being subjected to pressure or threats that such work falls outside the scope of the Convention. The Committee has therefore considered that in situations of captivity it is necessary to obtain the formal written consent of the prisoner. The Committee also recalls that conditions approximating to a free labour relationship are the most reliable indicator of the voluntariness of labour.

The Committee would be grateful if the Government would supply information on the work programme in prisons already operating under concession and especially on the criteria which make it possible to consider that the work of prisoners in such prisons may be compatible with the explicit provision of the Convention that work exacted from any person as a consequence of a conviction in a court of law is not defined as forced labour provided that the work is carried out under the supervision and control of a public authority and that the person is not hired or placed at the disposal of private individuals, companies or associations.

As regards the question of consent, the Committee requests the Government to indicate how it is ensured in law and in practice that prisoners give their consent freely for work that they perform in prisons operated under concession and whether any refusal to work is taken into account in assessing the prisoner’s conduct.

As regards conditions approximating to a free labour relationship, the Committee requests the Government to provide information on conditions of work, especially with regard to remuneration received by prisoners who are currently working in prisons operated under concession, and also on conditions of occupational safety and health and of social security.

The Committee also requests the Government to send any information which evaluates the working of prisons operated under concession.

Representation made pursuant to article 24 of the ILO Constitution. The Committee notes that the Governing Body, at its 299th Session (June 2007), declared as admissible the representation submitted by the Chilean Lawyers’ Association alleging non-observance of the Forced Labour Convention, 1930 (No. 29), by the Government of Chile. The representation will be examined in the near future.