Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. According to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. The Government stated that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is performed under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. The Government also indicated that it hoped to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. In this regard, section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards.

The Committee notes the Government’s information in its report that the prison administration intends to move towards a work-release programme, where inmates can work, are paid for his/her skills or labour and participate in the social security scheme as others (in a free labour relationship). The Government also indicates that this area is still being discussed as part of the draft Labour Code consultations by the National Tripartite Committee. In this regard, the Committee recalls that according to Article 2(2)(c) of the Convention, prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned, performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee once again requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that national law does not provide for penal sanctions to be applied in the case of the violation of a person’s rights (article 6 of the Constitution), which prohibits slavery and servitude. The Government indicated that there were no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour, and that the necessary measures were being taken to give effect to Article 25 of the Convention.

The Committee notes the Government’s information that the penalty for the exaction of forced labour is being discussed by the National Tripartite Committee within the framework of the draft Labour Code consultations. The Prison Superintendent and the government legal councils are involved in this process. Referring to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee observes that, in the absence of other applicable penal provisions, the penalties envisaged in the Labour Code for the prohibition of forced labour consist in general terms of administrative sanctions which, in view of their nature and level, do not give effect to Article 25 of the Convention. In this regard, the Committee recalls that, pursuant to Article 25 of the Convention, ratifying States must ensure that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced. The Committee therefore requests the Government to take the necessary measures to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.