Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1), 2(1) and (2)(c) of the Convention. Work of prisoners for private companies. In its earlier comments, the Committee referred to section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, under which no inmate may be employed in the service of, or for the private benefit of, any person, except with the authority of the Commissioner or in pursuance of special rules. The Committee noted that, under section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995, the Minister may establish programmes under which persons serving a sentence in a correctional institution may be directed by the superintendent to undertake work in any company or organization approved by the Commissioner, subject to such provisions as may be prescribed relating to their employment, discipline and control, and such work may be within the centre or institution or outside its limits. The Committee also noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), as well as the Government’s repeated statement that, under this programme, some inmates had been working under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages.

The Committee notes the Government’s statement in its latest report that the Department of Correctional Services has not yet entered into any discussion regarding a change in a policy for the issues raised. The Government confirms its previous indication that there is no activity which is undertaken through forced labour and that participation of inmates in the work on farms managed by COSPROD is voluntary.

The Committee expresses the firm hope, referring also to the explanations provided in paragraphs 59–60 and 114–120 of its General Survey of 2007 on the eradication of forced labour, that section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so voluntarily, with their free and formal consent and under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health, in order to bring this provision into conformity with the Convention and the indicated practice. The Committee again requests the Government to provide a copy of any special rules referred to in the above section 155(2) and to continue to provide information on its application in practice, pending the amendment.

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