Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Forced Labour Convention, 1930 (No. 29) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1931)
Protocol of 2014 to the Forced Labour Convention, 1930 - United Kingdom of Great Britain and Northern Ireland (Ratification: 2016)

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(c), of the Convention. Privatization of prisons and prison labour. Work of prisoners for private companies. In comments it has been making for a number of years concerning the privatization of prisons and work of prisoners for private companies in the United Kingdom, the Committee has pointed out that Article 2(2)(c) of the Convention expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in the sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers (including privatized prisons and prison workshops), even under public supervision and control. The Committee recalled that compulsory work or service exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met: namely, “that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations”. Both these conditions are necessary for compliance with the Convention: if either of the two conditions is not observed, the situation is not excluded from the scope of the Convention, and compulsory labour exacted from convicted persons under these circumstances is thus prohibited. The Committee asked the Government to take the necessary measures in order to ensure that, with regard to contracted-out prisons and prison industries, any work by prisoners for private companies be performed under the conditions of a freely consented upon labour relationship, without the menace of any penalty and, given their conditions of captive labour, subject to guarantees as to wages and other conditions of employment approximating a free labour relationship.

The Committee notes with regret from the Government’s report that there has been no change in the Government’s position and in national law and practice with regard to the work of prisoners for private entities. The Government reiterates its view that its approach to this issue is in line with the aims of the Convention. It states that both public and private sector prisons and workshops in the United Kingdom are subject to rigorous independent inspections, both domestically and internationally, and that the United Kingdom continues to have in place a robust set of rules and regulations to ensure that prison labour is not abused.

While noting these statements, the Committee points out once again that the privatization of prison labour transcends the express conditions provided in Article 2(2)(c) of the Convention for exempting compulsory prison labour from the scope of the Convention. Consequently, it may be held compatible with the Convention only where it does not involve compulsory labour. Thus, in order to comply with the Convention, the work of prisoners for private companies requires the freely given consent of the persons concerned. The Committee has considered that, in the context of a captive labour force having no alternative access to the free labour market, the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health (see paragraphs 59–60 and 114–120 of the Committee’s 2007 General Survey on the eradication of forced labour).

While noting the Government’s repeated suggestion to refer this matter for further consideration in conjunction with international labour practitioners, as well as the Government’s confirmed willingness to cooperate with the ILO on this matter, the Committee is of the opinion that, in spite of the express prohibition for prisoners to be hired to or placed at the disposal of private parties under the terms of the Convention, it is fully possible for ratifying States to apply the Convention when designing or implementing a system of privatized prison labour, once the abovementioned requirements are complied with. The Committee refers in this connection to paragraph 122 of its 2007 General Survey on the eradication of forced labour, where it observed that a certain number of countries have made progress towards full compliance with the Convention by taking measures, both in law and in practice, so that conditions of the private employment of prisoners progressively approach those of free workers.

The Committee therefore expresses the firm hope that measures will be taken to ensure that freely given and informed consent is required for the work of prisoners in privately operated prisons, as well as for all work of prisoners for private companies, both inside and outside prison premises, such “free” and “informed” consent being authenticated by the conditions of work approximating a free labour relationship, as regards wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee trusts that such measures will be taken both in law and in practice, in order to grant prisoners working in privately operated facilities and other prisoners working for private enterprises a legal status with rights and conditions of employment that are compatible with this basic human rights instrument, and that the Government will soon be in a position to report the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.