Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 29) sur le travail forcé, 1930 - Jamaïque (Ratification: 1962)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Jamaïque (Ratification: 2017)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(1) and Article 2(1) and (2)(c), of the Convention. The Committee previously noted that, under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, no inmate may be employed in the service of, or for the private benefit of, any person, except with the authority of the Commissioner or in pursuance of special rules. It has noted from the Government’s report supplied in 2001 that, under section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995, the Minister may establish programmes under which persons serving a sentence in a correctional institution may be directed by the Superintendent to undertake work in any company or organization approved by the Commissioner, subject to such provisions as may be prescribed relating to their employment, discipline and control, and such work may be within the centre or institution or outside its limits. The Committee has also noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), supplied by the Government in 2001 and 2002, as well as the Government’s repeated statement that, under this programme, some inmates have been working under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages.

Referring to the explanations provided in paragraphs 97 to 101 of its General Survey of 1979 on the abolition of forced labour, the Committee expresses the hope that on the occasion of a future amendment of the Correctional Institution (Adult Correction Centre) Rules, section 155(2) will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages and social security, etc., in order to bring this provision into conformity with the Convention and the indicated practice. The Committee also requests the Government to provide a copy of any special rules referred to in the above section 155(2) and to continue to provide information on its application in practice, pending the amendment.