Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information supplied by the Government in its latest report concerning work under community service orders.

Article 2(2)(c) of the Convention. Prison work for private individuals, companies or associations. The Committee previously noted that, under section 5 of the Ordinance concerning the work of prisoners (Standing Order No. 16 of 29 August 1997), it is prohibited for prisoners to be compelled to work in the service of another detainee or an officer or for the private benefit of any person. However, the Committee observed that section 16(2) of the Prison Regulations of 1989, adopted under section 66 of the Reform Institutions Act of 1988 (RIA), appeared to allow a prisoner to work in the service of an officer if authorization is granted by the Commissioner of Prisons.

The Committee notes the Government’s statement in its latest report that there have been no specific cases in which a prisoner has been authorized by the Commissioner under section 16(2) of the Prison Regulations of 1989 to perform work in the service of an officer. The Committee hopes that in its next report the Government will clarify the apparent conflict in the text of the two provisions noted above, and that it will also indicate whether section 16(2) of the Prison Regulations of 1989 has been formally rescinded and, if not, whether measures will be taken to do so.