Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Forced Labour Convention, 1930 (No. 29) - Colombia (Ratification: 1969)

1. Article 2, paragraph 2(c), of the Convention. In comments that it has been making for some years, the Committee has referred to Decree No. 1817 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted (section 269) but on all detainees except those declared medically unfit (section 233).

The Committee noted from the information supplied by the Government that a special committee had been set up to amend the Prison Code so as specifically to prohibit the imposition of work on detainees.

The Committee notes that in its latest report the Government repeats that the obligation to work imposed on detainees is merely a written legal form which has no practical application, for despite the inmates' requests the Ministry of Justice and the Directorate of Prisons cannot respond satisfactorily for lack of means and human resources; nearly 11,000 more jobs would be needed.

The Committee points out once again that, under the Convention, labour may be imposed only on prisoners who have been convicted in a court of law. Prisoners awaiting trial or persons detained without trial may work, if they so wish, on a purely voluntary basis (paragraph 90 of the 1979 General Survey on the Abolition of Forced Labour).

Since section 233 of the Prison Code in its present form provides for compulsory labour for detainees in contradiction with the provisions of the Convention on this point and since, in practice, according to the Government's indications, detainees are not obliged to work, the Committee requests the Government to take the necessary measures to amend sections 233 and 269 of the Prison Code so that the national law may be brought formally into consistency with the Convention and statutory effect be given to the practice referred to by the Government.

In comments that it has been making for some years, the Committee has referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration; the Committee has requested the Government to take the necessary measures to give statutory effect to the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship.

The Committee noted Decision No. 357 of 1986, a copy of which was supplied by the Government and which lays down regulations pursuant to section 281 of Decree No. 1817 of 1964 (the Prison Code) and sets out the organisational structure of prison labour.

Among the types of labour included in the organisation of prison labour is labour hired to private enterprise (section 1(d)). Section 3(4) of the Decision provides that the organisation and type of remuneration for labour hired to private enterprise shall be specified in the relevant agreement, but that in no case may remuneration be less than 50 per cent of the minimum monthly wage fixed by the national Government.

The Committee observes that prisoners' work for private contractors may be compatible with the Convention in so far as the labour relationship may be regarded as a free employment relationship, that is to say if those concerned have freely given their consent, provided that there are appropriate safeguards such as the payment of normal wages, social security, consent of the trade unions, etc. However, the Committee notes that the national legislation does not at present contain any provision to the effect that prisoners' work for private enterprise must be based on a freely consented to relationship. Furthermore, if private enterprise is allowed to pay prisoners wages below the legal minimum wage, the relationship cannot be regarded as a free employment relationship.

The Committee notes that the Government's report contains no information about the questions raised.

With a view to being able to satisfy itself that the Convention is being applied, the Committee asks the Government to supply copies of the agreements that have been concluded between private undertakings and prison establishments. Similarly the Committee hopes that measures to bring the law into conformity with practice will be adopted shortly, embodying the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship. The Committee asks the Government to report on the progress achieved to that end.