Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Namibia (Ratification: 2000)
Protocol of 2014 to the Forced Labour Convention, 1930 - Namibia (Ratification: 2017)

Article 2(2)(c) of the Convention. Work of prisoners for private enterprises. The Committee previously noted that, under section 83(1) of the Prisons Act, 1998, the Commissioner may enter into a contract with any institution, person or body of persons for the employment of the labour or services of prisoners who are under a sentence of imprisonment, upon the terms and conditions which may be agreed between the parties. The Committee recalled that while Article 2(2)(c) of the Convention expressly prohibits that convicts are hired to or placed at the disposal of private individuals, companies or associations, work for private enterprises can be compatible with Article 2(2)(c) only if prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. If these requirements are fulfilled, the work of prisoners for private companies does not come under the definition of forced labour in the Convention, since no compulsion is involved. In this regard, the Committee noted the Government’s indication that, in practice, prisoners volunteered for performing work and the opportunity to perform work was conditional on their good behaviour. The Committee requested the Government to provide sample copies of contracts concluded by the Commissioner with private enterprises for the employment of the labour or services of prisoners, as well as copies of any rules or regulations governing their conditions of work.

The Committee takes due note of the Prison Service Orders B submitted with the Government’s report. These Orders state that persons who wish to hire prison labour must apply in writing and that the inmate must volunteer to participate. Section 10.6.7 of the Prison Service Orders states that the officer in charge must ensure that prisoners to be hired to private enterprises have indicated their willingness and readiness to work for the enterprise, by completing Form 107D. The Committee notes with interest that Form 107D is a consent form, stating that an inmate is voluntarily engaging in the work on the conditions agreed upon by the officer in charge and the prison labour hirer, whereby inmates indicate their name, the name of their prison, the name of the person for whom they volunteer to work and the date. Form 107D requires the inmate’s signature, the signature of two witnesses and the signature of the officer-in-charge. The Committee further notes the copies of Form 107D that have been completed and signed, submitted with the Government’s report. In addition, concerning the conditions of the labour performed, the Committee notes that inmates will be paid 35 per cent of the tariff paid for his or her labour. Section 10.6.6 of the Prison Service Orders state that the officer- in-charge should ensure that the hirer of prison labour, as well as their guards, are fully advised regarding the use of prison labour, safeguarding of prisoners and precautions against injuries to prisoners. Moreover, following the performance of labour, prisoners are required to fill out a specific form (Form 107E) confirming that the work they performed was as per the agreed conditions. Lastly, the Committee notes that section 10.7 of the Prison Service Orders prohibits the use of prison labour for the erection of buildings, excavation of foundations, mixing of concrete, transportation of sand, stone and bricks to building sites, as well as in mines, in tasks at railways where injury is common, in carrying heavy objects and in sanitary services outside of the prison.

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