Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

The Committee has noted the detailed information contained in the Government’s reports in response to the Committee’s earlier comments, as well as the observations submitted by the French Democratic Confederation of Labour (CFDT) in October 1996 and September 1998.

  Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention.  1.  In its earlier comments, the Committee raised a certain number of points relative to prison labour and, in particular, the question of consent freely given by the prisoner, the employment contract, and the wages and conditions of work of prisoners in the event that they are made available to private enterprises. The Committee requested the Government to adopt the necessary measures both in law and in practice to ensure that the employment conditions of these prisoners allow their situation to be assimilated to that of free workers.

2.  The CFDT in its communication reiterated its request for a contract to be concluded between the prison administration and prisoners, defining the obligations of the parties. The CFDT also considered that the supervision of prison labour should be entrusted to a labour inspection service, since legislation relating to health and safety at work should be applied in prisons under the same conditions as elsewhere.

3.  The Committee has taken due note of the Government’s statement that a Bill establishing a labour inspection service has been drawn up, and a circular defining the methods of work of the prison labour inspection services with regard to health and safety at work and vocational training has also been drafted. The Committee hopes that the Government will provide copies of the final texts as soon as they have been adopted.

4.  The Committee has also noted that, following an agreement concluded between the prison authorities and the local medical service, medical examinations will shortly be introduced, during a trial period, for prisoners who are working. The Government indicated that a legal and social text with respect to prison labour is being drawn up and that the themes covered (remuneration, social protection, health and safety at work) will provide responses to the questions that are being raised in this regard. The Committee trusts that the Government will provide full information in its next report.

5.  Finally, the Committee has noted with interest the Government’s statement that the average daily wage paid to prisoners has been increased although disparities remain among different types of prison labour. The Committee requests the Government to continue to take measures to ensure that wages and employment conditions of prisoners who are made available to private enterprises conform to relevant standards and to provide information in respect of the measures adopted or envisaged in this regard.

6.  The Committee recalls that the Convention clearly excludes the use of prison labour for the benefit of private enterprises; however, where the necessary safeguards exist to ensure that prisoners accept work voluntarily and prison labour is carried out under the supervision and control of the public authorities, the Committee refers to paragraph 97 of the General Survey of 1979 on the abolition of forced labour and paragraphs 116 to 125 of the General Report of 1998: the Committee considers that an employment contract could, particularly in prisons, resolve this problem by ensuring that the necessary safeguards are provided. However, the Committee hopes that the Government will provide in its next report all the necessary information to enable a general assessment of the situation in respect of these provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.