Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee notes the Government's reply to its previous request.

Article 2, paragraph 2(c), of the Convention. The Committee previously noted that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (General standards on the application of prison sentences), the General Directorate of Prison Services may authorize a prisoner, upon the proposal of the director of the establishment, to exercise a remunerated occupational activity outside prison and that section 44 of the same Decree provides that authorization for remunerated works of community interest may also be given by the General Directorate of Prison Services, at the request of the public, central or local administration.

The Committee notes the Government's indication that the provisions of section 44(1) of Legislative Decree No. 25/88 have not been applied in practice since the Directorate General of Prison Services has never signed an agreement to this effect. As regards occupational activities carried out under section 43(2)(a) of the same Legislative Decree, the Government indicates that prisoners carry out occupational activities outside the establishment at their own request and on the well-founded proposal of the prison director; that such services are generally carried out by prisoners in private enterprises and private properties, but do not involve any formal link between the parties, although they are carried out under the responsibility of the employer; and that prisoners are guaranteed the payment of monthly wages, but not social security.

The Committee takes due note of these indications. It recalls that under the terms of the Convention, compulsory prison labour must be carried out under the supervision and control of a public authority and the prisoner must not be hired to or placed at the disposal of private individuals, companies or associations. As the Committee has pointed out in paragraphs 112 to 125 of its General Report to the 86th Session of the International Labour Conference (1998), only when performed in conditions approximating a free employment relationship can work by prisoners for private companies be held compatible with the explicit prohibition of the Convention; this necessarily requires the voluntary consent of the person concerned, as well as further guarantees covering the essential elements of a free labour relationship, such as the payment of normal wages and social security, etc.

The Committee therefore asks the Government to supply in its next report information on the measures taken to ensure the observance of the Convention in this regard, including the manner in which the request or consent of the prisoner is given and may be withdrawn; the level of remuneration, as compared to normal wages for the work performed, and any measures taken to ensure that the level withstands comparison; and any measures taken or envisaged to include prisoners working for private employers into the various social security schemes covering free workers, as well as into the scope of general labour legislation regulating, inter alia, occupational safety and health and other conditions of employment and the role of the labour inspection services.

In providing this information the Committee also requests the Government to include in its next report the information sought in the Committee's general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999).