Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(2)(c) of the Convention. Prison labour. In its earlier comments, the Committee noted that section 103 of the Code on the Execution of Penal Sentences provides that convicted persons are under an obligation to perform labour, such labour being exacted from them by the administration of penitentiary institutions at enterprises of such institutions, at state enterprises, or at enterprises of other forms of ownership. The Committee also noted the provision of section 21 of Act No. 5473-I (of 21 July 1993) on the institutions and bodies for the execution of penal sentences involving deprivation of freedom, according to which compulsory labour may be exacted from convicted prisoners at enterprises of any organizational or legal form, even if such enterprises do not belong to the system of the execution of penal sentences and are located out of the place of penitentiary institutions, compulsory labour being exacted in this case on the basis of a contract concluded between the administration of penitentiary institutions and the enterprises concerned.

The Committee recalls that Article 2(2)(c) of the Convention strictly prohibits that prisoners are hired to, or placed at, the disposal of private enterprises. However, the Committee has considered, as explained in paragraphs 59 and 60 of its 2007 General Survey on the eradication of forced labour, that work for private enterprises can be held compatible with Article 2(2)(c) if prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the informed, formal consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as wages, social security and occupational safety and health. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

As regards conditions of work of convicted prisoners, the Committee previously noted that, under sections 103–105 of the Code on the Execution of Penal Sentences, their hours of work and rest periods, occupational safety and health, as well as remuneration (leaving room for deductions and attachments) are governed by the general labour legislation. It also noted the Government’s indication in its 2007 report that, under Decree No. 727 of the Government of the Russian Federation (of 15 October 2001), convicted prisoners performing compulsory remunerated labour are covered by compulsory State social security schemes, similarly to the free workers.

While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the informed, formal consent of prisoners to work for private enterprises does not appear to be asked for.

Having also noted the Government’s indication that, at present, the work of prisoners for private enterprises does not take place in practice, the Committee nevertheless reiterates its hope that, in the light of the above considerations, the Government will take the necessary measures in order to ensure that, both in the legislation and in practice, the work of prisoners for private enterprises will be carried out only with their voluntary consent, such consent being informed and free from the menace of any penalty, including the loss of rights or privileges. The Committee requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard.