Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Uruguay (Ratification: 1995)

The Committee takes note of the Government’s report received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Prison labour. 1. Legislative developments. The Committee previously noted that according to Legislative Decree No. 14.470 regulating conditions of imprisonment, convicted prisoners have an obligation to work and that in certain special circumstances the prison authority may conclude an agreement with public or private organizations concerning the use of prison labour and of prison workshops (sections 41 and 44). It noted that such agreements had been concluded since the Government indicated that a number of prisoners were working for private enterprises. In that regard, the Committee also noted the Government’s statement that, despite the above-mentioned provisions, work in prison is voluntary, and that according to the provisions of paragraph 65 of Decree No. 225/006 of 13 July 2006, before starting any work, convicted prisoners must give their consent in writing.

The Committee notes the adoption of Act No. 19.889 on urgent consideration (Ley de Urgente Consideración (LUC)) of 9 July 2020 which amends section 41 of Decree No. 14.470 and provides that: (i) convicted prisoners have an obligation to work, and (ii) the failure of convicted prisoners to comply with such an obligation will not be penalized by the removal of rights but will entail the reduction of their benefits as determined by regulations. The Committee notes that not only does the newly amended section 41 of Decree No. 14.470 provide for an obligation to work of convicted prisoners, but it also provides that convicted prisoners who refuse to work can be punished by reducing their benefits, thereby amounting to a “menace of a penalty” under the terms of the Convention. In that regard, the Committee recalls that work by prisoners for private enterprises can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, by giving their free, formal and informed consent and without being subjected to pressure or the menace of any penalty, including the loss of a right or a privilege (advantage), and that this work is performed under conditions which approximate a free labour relationship (see 2012 General Survey on the fundamental Conventions, paragraphs 279 and 291).

In light of the above considerations, the Committee trusts that the Government will take the necessary measures to ensure that, both in legislation and in practice, prisoners carrying out work for private entities, as provided under section 44 of Legislative Decree No 14.470, do so only with their free, formal and informed consent, and that the conditions of such work approximate those of a free labour relationship. It requests the Government to provide information on any progress made in that regard. In the meantime, the Committee requests the Government to provide information on the interplay of new section 41 of Legislative Decree No. 14.470 with other regulations on prison labour, in particular paragraph 65 of Decree No. 225/006.

2. Prison labour in the framework of public–private partnerships. The Committee previously noted that, following a call for tenders in December 2012, a prison was under construction in the context of a public–private partnership for the first time in Uruguay. It requested the Government to indicate whether the issue of labour by prisoners was covered in the public–private partnership contract, and to indicate whether the private entity selected to finance and construct the prison was required to fulfil certain obligations in relation to the provision and management of prison labour.

The Committee notes the Government’s statement, in its report, that neither the call for tenders nor the public–private partnership contract contain any provision or obligation concerning the issue of work by prisoners. Noting that the above-mentioned prison, Unit No. 1 of Punta de Rieles, was inaugurated in January 2018, the Committee notes the Government’s statement that prisoners work in internal services and maintenance activities within the establishment. The Government refers to several documents containing information on the consent, remuneration and conditions of work by prisoners which were not attached to its report, namely: (i) model contracts signed with a private entity regulating the work of prisoners within Unit No. 1; (ii) labour regulations for prisoners who work for the private entity; and (iii) a code of conduct for prisoners who work for the private entity. The Government adds that the authority responsible for monitoring the compliance with the public–private partnership contract requests monthly information on the obligations regarding work which are applicable to all persons working within the prison, regardless of whether they are prisoners or not. The Committee refers to its above comments underlining the need to ensure that prisoners carrying out work for private entities give their free, formal and informed consent to work, and requests the Government to provide detailed information on the manner in which prisoners express interest and give consent to work within the framework of the public–private partnership. The Committee requests the Government to provide information on the remuneration and conditions of work of these workers, and to communicate any relevant document available in this regard, including the model contracts, the labour regulations and the code of conduct referred to above. The Committee also requests the Government to provide information on the content of the monthly information on the obligations regarding work within the prison collected by the authority responsible for monitoring the compliance with the public–private partnership contract.

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