Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee takes note of the information supplied by the Government in its reports.

In previous comments, the Committee has referred to the provisions of sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969, issued under sections 680 and 683 of the Code of Criminal Procedure, which provide for the hiring-out of prison labour to private persons. The Committee requested the Government to indicate the measures taken or under consideration to bring the law into conformity with the Convention and with the practice whereby, according to the Government's indications, prisoners are no longer hired out or placed at the disposal of private persons, companies or associations.

The Committee takes note of the information provided by the Government, to the effect that the hiring-out of prison labour follows a specific procedure designed to protect prisoners and involving a contract between the Minister of Justice and the user. The Government adds that prisoners like working outside the prison, in semi-liberty, and that it enables them to make savings as the work is remunerated.

The Committee noted previously that sections 25, 83 and 87 of Decree No. 69-189 provide for a system of semi-liberty whereby prisoners may work for private enterprises by virtue of a contract of employment freely concluded by them with the employer and under normal conditions relating to such matters as workmen's compensation; sections 24, 77 and 82, on the other hand, provide that prisoners may be placed at the disposal of private enterprises by virtue of a contract between the Minister of Justice and the enterprise.

In view of the provisions of the Convention which explicitly prohibit prisoners from being hired out or placed at the disposal of private individuals, companies or associations, and of the explanations contained in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee expresses the hope that the Government will shortly take the necessary measures to ensure that the work of all prisoners in the service of private persons or entities, whether in or outside the penal establishment, is carried out in conditions of a free work relationship, i.e. that it is subject to the consent of the persons concerned and the necessary safeguards, particularly with regard to wages and social security. The Committee requests the Government to indicate the measures taken or contemplated in this regard.