Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

Work of prisoners for private enterprises; consent and remuneration

In its earlier comments concerning the work of prisoners for private enterprises the Committee pointed out that such work could be compatible with the Convention only when it is performed in conditions approximating a free employment relationship; this necessarily requires a freely given consent of the persons concerned, as well as further guarantees and safeguards, such as normal wages and social security, etc.

The Committee notes with satisfaction a provision of section 62(10) of Agreement No. 011 of the National Penitentiary Institute, which stipulates that with regard to the work of prisoners for private enterprises, both profit-making or non-profit-making, it is necessary that a prisoner gives his/her voluntary consent to perform work or service, in conformity with the provisions of the ILO Conventions. By virtue of section 62(10), contracts concluded with private employers involving the use of prison labour must provide for compensation and a form of payment for prisoners. In no case the said remuneration may be inferior to the legally established minimum wage.