Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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(1), 2(1) and (2)(c) of the Convention. Privatization of prisons and prison labour. Work of prisoners for private companies. For a number of years, the Committee has been making comments on the privatization of prisons and work of prisoners for private companies in the United Kingdom. In this regard, it requested the Government to take the necessary measures 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.

The Committee notes the Government’s statement that there has been no change in the Government’s position or in national law and practice since its previous report, and that it continues to be of the view that its approach to imprisonment and rehabilitation is fully in line with the aims of the Convention. The Committee notes the Government’s statement that it is currently exploring possible models for increased work in prisons, having regard to the relevant ILO Conventions. The Government once again reiterates that the United Kingdom continues to have in place a robust set of rules and regulations to ensure that prison labour is not abused, and that both public and private sector prisons and workshops are subject to rigorous independent inspections. The Government also takes the view that, if it accepts the interpretation of the Convention of the Committee, work by prisoners in a number of prisons in the country, as well as work in the community supervised by private sector entities, would no longer be viable, and that this would be damaging for prisoners and their rehabilitation.

While noting these comments, the Committee must once again recall that the work of prisoners for private companies is only compatible with the Convention where it does not involve compulsory labour, which requires the formal, freely given and informed consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as wages and social security. As the Committee has repeatedly pointed out, it is therefore possible for governments to apply the Convention when designing or implementing a system of privatized prison labour, once the abovementioned requirements are complied with. In this regard, the Committee draws the Government’s attention to paragraph 291 of its 2012 General Survey on the fundamental Conventions concerning rights at work, where it observed that a number of countries have already made progress towards full compliance with the Convention by taking measures, in both law and in practice, to ensure that conditions of the private employment of prisoners progressively approach those of free workers. Noting the Government’s indication that the development of new models of work for prisoners will take into account the relevant ILO Conventions, the Committee trusts that measures will be taken to ensure that formal, 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, with such consent being authenticated by the conditions of work approximating those of a free labour relationship, with regard to wage levels (leaving room for deductions and attachments), social security and occupational safety and health. It requests the Government to provide information on any new models of work it may be developing in this regard, in its next report.

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