Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - United States of America (Ratification: 1991)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 26 November 2024, alleging the use of compulsory prison labour to further economic development and as a means of racial discrimination. The Committee requests the Government to provide a reply to these observations.

Article 1(d) of the Convention. Sanctions involving compulsory labour for participation in strikes. Regarding the provisions of the North Carolina General Statutes previously noted by the Committee (article 12, section 95-98.1 and section 95-99; section 15A-1340.11 and section 15A-1349.23 of the Criminal Procedure Act), which hold individuals participating in illegal strikes liable to “community punishment” and, upon a second conviction, to imprisonment potentially involving compulsory labour (community service or other work assignments), the Government reiterates in its report that no individual has ever been convicted of participating in an unlawful public-sector strike, according to State court records. Furthermore, the Government emphasizes that even in the unlikely event of such a conviction, North Carolina law would not require a judge to impose work in violation of the Convention, and judges would retain discretion to impose only a fine.

The Committee notes the Government’s statements, but recalls that the legal basis that would permit the imposition of labour on a person sentenced to imprisonment for participation in strikes still exists, contrary to Article 1(d) of the Convention, which prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes.

The Committee therefore once again requests the Government to take the necessary measures to bring the North Carolina General Statutes into conformity with the Convention, thus ensuring that the legislation is aligned with indicated practice, by reviewing sections 95–98.1 and 95–99 so as to ensure that penalties involving compulsory labour (through the Community Service Work Programme or during imprisonment) cannot be imposed for participation in a strike.

Article 1(e). Racial discrimination in the exaction of compulsory prison labour. For years, the Committee has taken note of the significant overrepresentation of African Americans and Latinos/Hispanics within prison populations, and of the fact that prison sentences normally involve an obligation to perform labour. The Committee requested the Government to continue to provide information on the measures taken to identify and reduce racial and ethnic disparities in the criminal justice system to ensure that punishments involving compulsory labour are not meted out more severely to certain racial and ethnic groups.

The Committee notes the Government’s reiteration of its view that the broader questions of possible discrimination in the criminal justice system are outside the scope of the Convention. The Government, however, refers to recent data published by the Bureau of Justice Statistics, showing that from 2011 to 2021, the total correctional population of black adults declined by 28 per cent, representing a higher percentage than the decline in incarceration of both white adults (20 per cent) and Hispanic adults (21 per cent). The Government also refers to the Executive Order issued in 2022 on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which requires an interagency strategic plan “with particular attention to reducing racial, ethnic and other disparities in the Nation’s criminal justice system …”. The Government also indicates that the Department of Justice (DOJ) invests in comprehensive research focused on racial and ethnic disparities in the criminal justice system. In 2022, the DOJ’s Office of Justice Programs announced that it would award US$57 million to support justice system reforms and racial equity.

The Committee also observes that, according to the latest statistics on imprisonment rates from the DOJ, the 2022 imprisonment rate for black persons (1,196 per 100,000 adult US residents) was more than 13 times the rate for Asian, Native Hawaiian, or Other Pacific Islander persons (88 per 100,000); 5 times the rate for white persons (229 per 100,000); almost 2 times the rate for Hispanic persons (603 per 100,000); and 1.1 times the rate for American Indian or Alaska Native persons (1,042 per 100,000).

The Committee also notes the information contained in the 2024 report of the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, following her visit to the United States. Among other concerns regarding racial disparities within the law enforcement and criminal justice system, the Special Rapporteur reveals that those from marginalized groups who are convicted of crimes are often more likely to be sentenced to excessive custodial sentences, including life without the possibility of parole. The Special Rapporteur also received reports of poorly paid or unpaid forced labour by prisoners, who are disproportionately from racially marginalized groups, as well as reports of incarceration still being used to extract free or very low-cost labour from people of African descent. She further expressed concern about the racial disparities in the use of solitary confinement, including to punish persons who refuse hazardous prison labour (A/HRC/56/68/Add.1).

While it takes due note of the measures adopted by the Government with a view to addressing racial inequalities in the criminal justice system, the Committee observes that penal punishment is still meted out more severely to certain groups defined in racial, social or national terms, not only as regards the higher percentage of persons from marginalized groups being convicted, but also as regards the severity of the sentences applied to them. As their punishment involves compulsory labour, the situation remains under the purview of Article 1(e) of the Convention.

The Committee therefore requests the Government to pursue its measures to identify and address the root causes of the racial and ethnic disparities in the criminal justice system to ensure that compulsory labour is not meted out more severely to convicted persons pertaining to certain racial and ethnic groups. The Committee requests the Government to continue to provide information on the results achieved in this regard.