Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2, paragraph 2(c), of the Convention. In its previous comments the Committee referred to the provisions of the annex to Decision No. 88-193 AT of 8 December 1988 to regulate the penitentiary system in French Polynesia, the Committee asks the Government to supply information on the following matters:

(a) The Committee noted that persons sentenced to imprisonment for acts which constitute crimes or common law offences may ask to be provided with work (section RP 98). The Committee also noted that the necessary arrangements must be made to provide prisoners with work which is productive and sufficient to occupy them for a normal working day; that the organization and methods of work and their remuneration must approximate as far as possible those of occupational activities outside the prison in order, in particular, to prepare prisoners for the normal conditions of free work; that prisoners performing prison labour are entitled to compensation for occupational accidents and illness (sections RP 101, 102 and 110).

(b) The Committee noted the provisions of the annex respecting forms and conditions of work (sections RP 102 to 110). It observed that work inside the prison may be performed either directly for the prison authorities or employers hiring prison labour. The Committee asks again the Government with its next report to provide the clauses and general conditions governing the hiring of prison labour on prison premises and the remuneration rates which are brought to the attention of detainees (sections RP 103, 104 and 106).

(c) The Committee noted that prisoners may also be employed outside the prison for other administrations or public communities or even for individuals, in which case they are placed under the responsibility and supervision of one or several agents of the employer who have the administration's approval (sections RP 103 and 127).

The Commmittee noted the provisions governing labour outside the prison (sections RP 127 to 135). It noted in particular that the opening of any worksite, using prison labour, for longer than two months is subject to the consent of the President of the Government; that prisoners may be employed by individuals, in which case they are placed under the responsibility and supervision of agents of the employer; that detainees may be placed at the disposal of employers or in an apprenticeship, in which case the employer is responsible for guarding them. The Committee noted that under section RP 134 the remuneration of prison labour must, as far as possible, be equal to the wages and benefits of free workers of the same category employed under the same conditions in respect of tasks and workplaces, minus specific charges borne by the employer.

The Committee again asks the Government or provide a copy of the Decision of the Territorial Assembly establishing the rate of remuneration of hired-out prison labour, in accordance with section RP 134(3), together with indications of the current corresponding wages of free workers.

(d) The Committee also again asks the Government to indicate whether prisoners give their general consent for any jobs they may be called upon to perform or whether, for work outside the prison, their consent is required for each assignment.