Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2, paragraph 2, subparagraph (c), of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 has repealed the Prisons Ordinance No. 17 of 1963 (section 49(1)), but any rules, orders or regulations made under the repealed Ordinance shall continue in force until repealed under rules, orders or regulations made under the new Act (section 49(2)). The Committee notes the Government’s indication in the report that no regulations have been adopted under the 2003 Act and, therefore, all the existing rules and regulations of the repealed Ordinance remain in force. The Committee understands that the Prison Rules of 1964, to which the Committee referred in its earlier comments and which contain a provision authorizing the superintendent to allow a prisoner to work for the benefit of a private person (section 67(2)), have not been repealed and remain in force.

While noting the Government’s repeated statement that the practice of prisoners working for the benefit of private persons has been discontinued, the Committee hopes that measures will nevertheless be taken in order to give statutory effect to the principle that prisoners shall not be hired to, or placed at, the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules 1964 will be formally repealed, so as to bring legislation into conformity with the Convention and the indicated practice. The Committee also asks the Government to communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act 2003, as well as regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, if and when such regulations are adopted.