Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous observation, the Committee had requested the Government to take the measures necessary to establish the voluntary character of work by convicts for private enterprises, since this was not clearly established in the Prison Regulations (Royal Decree No. 1202/81).

The Committee takes note of Royal Decree No. 190/96 of 9 February 1996 which approves the new Prison Regulations. Under section 132 of the new Regulations, prison labour of a productive character is a right and a duty of the interned person. Under section 133(1) of the same Regulations, all prisoners have the obligation to work, except those undergoing medical treatment, those suffering a permanent disability, those over 65 years of age, those receiving retirement pensions, pregnant women and convicts who cannot work for reasons of force majeure.

In its report, the Government indicates that the work of prisoners is free; that the terms "labour ... is a right and a duty of the interned person" (section 132 of the Prison Regulations) are similar to those used in article 35 of the Spanish Constitution according to which "All Spaniards have the duty to work" and that to read this formulation as meaning forced labour supposes a partial and restrictive interpretation of its literal meaning.

The Committee notes that the Government repeats its former statements to the effect that the work carried out by prisoners is voluntary. It observes, however, that such practice does not correspond to sections 132 and 133(1) of the Prison Regulations, which establish that prison labour is mandatory.

The Committee regrets that the adoption of the new Prison Regulations did not lead to a formal harmonization of the legislation with the requirements of the Convention and hopes that the Government will take the measures necessary to give statutory effect to the practice which, according to the Government, already exists.

The Committee notes the information supplied by the Government concerning the remuneration of productive labour in the special prison labour relationship.