A/HRC/57/46 cooking, laundry, plumbing and administrative work), 48 production of goods (e.g. office supplies and furniture) for public authorities, and public work (e.g. construction or maintenance of roads, parks and public buildings). 49 Labour for the benefit of private businesses and entities in various sectors, such as agriculture, the garment, assembly and food industries and other packaging and manufacturing industries, is also possible in a number of States, including Albania, Algeria, Australia, Austria, Azerbaijan, Botswana, Burkina Faso, Cameroon, the Comoros, Gabon, Iran (Islamic Republic of), Italy, Latvia, Mongolia, Poland, the Russian Federation, Saint Kitts and Nevis, Serbia, South Africa, Tajikistan, the United Kingdom, the United States and Uruguay. 50 This includes work release schemes where persons nearing release are able to work during the day outside of correctional facilities. 51 20. Performance of labour during incarceration continues to be compulsory in a number of States, but it is recognized as voluntary in some, including Chile, Luxembourg, Romania, and Sao Tome and Principe. 52 Montenegro and Uruguay 53 require explicit consent from prisoners, while France concludes an employment contract setting out working conditions, wages and deductions. 54 In other States, adjustments to, or exemptions from, labour are recognized for persons with disabilities and persons over the retirement age, pregnant women and prisoners with children.55 In addition, in certain States it is possible for those held in preventive detention (e.g. pending investigation, prosecution or conviction) to perform labour, but on a voluntary basis.56 In terms of work options, prisoners can apply for jobs on the basis of their skills and interests, or those are taken into consideration in assigning a job, in Albania, Maldives, Morocco, Spain and Sri Lanka,57 while other States, including Brazil, Canada, Ecuador and Luxembourg, offer alternatives to work, such as educational and vocational training.58 21. While acknowledging some positive examples of safeguards for the rights of incarcerated individuals in the context of performing labour, the Special Rapporteur wishes to raise a number of issues that must be addressed. To begin with, the voluntary nature of 48 49 50 51 52 53 54 55 56 57 58 GE.24-12247 Submissions from Australia, Canada, Morocco and Worth Rises; Prison Study by the Human Rights Commission of Sri Lanka (2020), pp. 367 and 368; and Office of the Inspectorate Te Tari Tirohia, Manawatū Prison: Announced Inspection April 2023 (Wellington, 2024), p. 62. Submissions by Taiwan Mad Alliance, Worth Rises, the Institute for Crime & Justice Policy Research at Birkbeck, University of London and Tanisha Cannon (Legal Services for Prisoners with Children) and Dylan O’Donoghue (Center for Urban Research and Education, Rutgers University-Camden). See also American Civil Liberties Union and University of Chicago Law School Global Human Rights Clinic, Captive Labor: Exploitation of Incarcerated Workers (2022), pp. 29 and 30. Committee of Experts on the Application of Conventions and Recommendations, observations and direct requests on ILO Conventions No. 29 and No. 105, issued between 2021 and 2024 (available at https://normlex.ilo.org/dyn/normlex/en/f?p=1000:20015). See also American Civil Liberties Union and University of Chicago Law School Global Human Rights Clinic, Captive Labor, p. 27 (on the United States); Anhelita Kamenska, Ilvija Pūce and Kristīne Laganovska, Prison Conditions in Latvia (European Prison Observatory, 2019); and Susanna Marietti, Prison Conditions in Italy, 2nd ed. (European Prison Observatory, 2019). Submissions by Senator Kim Pate of Canada, Germany, Aix Global Justice, Hadassa Noorda (Faculty of Law, University of Amsterdam), and Virginia Mantouvalou (University College London, Faculty of Laws); and Prison Study by the Human Rights Commission of Sri Lanka, p. 373. Submission from Luxembourg; and Committee of Experts on the Application of Conventions and Recommendations, observations and direct requests on ILO Conventions No. 29 and No. 105, issued between 2021 and 2024 (available at https://normlex.ilo.org/dyn/normlex/en/f?p=1000:20015). Law on the execution of prison sentences, fines and security measures of 2015 (Montenegro); and Decree No. 225/006 of 13 July 2006 (Uruguay). Law No. 2021-1729 of 22 December 2021 on building confidence in the justice system, supplemented by Decree No. 2022-655 of 25 April 2022 on the work of detainees and amending the Prison Code. Submissions by Germany, the Russian Federation, Spain and the Respect – Protect – Fulfill and Legal Initiative. Submissions by Ecuador, Germany, Guatemala, Luxembourg, Morocco, the Russian Federation and Spain. Submissions by the Attorney General of Maldives, Morocco and Spain; Prison Study by the Human Rights Commission of Sri Lanka, p. 363; and Act No. 81 of 25 June of 2020 on the rights and treatment of prisoners and detainees (Albania), which also prohibits the use of forced labour as a disciplinary action. Submissions by Canada, Ecuador, Luxembourg and the Institute for Crime & Justice Policy Research. 7