A/HRC/57/46 labour should be called into question in many cases. In that regard, instances of threats to impose, or the imposition of, penalties or disciplinary actions, including solitary confinement, loss of family visitation, access to telephone calls and recreational activities, the extension of incarceration periods and rejection of parole, have been reported in various States and areas. 59 Under those circumstances, it is clear that incarcerated individuals have no choice but to engage in labour. 22. The Special Rapporteur is also concerned by a lack of meaningful, motivating employment opportunities and sufficient choices in reality. This is a result of, among other things, overcrowding in correctional facilities and limited partnerships with businesses and service providers. Consequently, many prisoners are assigned tasks based not on their skills or competencies, but on whatever options are available. 60 Furthermore, it has been highlighted that available jobs do not always enhance the prospect of employment after release because they are not designed to provide marketable skills, qualifications and knowledge.61 23. With regard to wages, there is divergence among States, but it is evident that the majority of incarcerated individuals receive salaries that are much lower than respective national minimum wages. In the Kingdom of the Netherlands, the average wage of incarcerated individuals is around €0.95 per hour,62 and similar wages are paid in Germany (€1.59–€2.65 per hour).63 In the United States, the average hourly rates are between $0.13 and $0.52 for non-industry jobs, and between $0.30 and $1.30 for jobs in State-owned correctional industries.64 However, other States provide more favourable wages. In Armenia, Colombia and Romania, and in Mexico City, legal minimum wages are paid. 65 By law, working incarcerated individuals in Italy are to receive a salary equivalent to two thirds of the pay for the same job in the open and free market;66 working prisoners in Brazil are to be paid three quarters of the national minimum wage.67 Other States have incentive schemes that provide higher wages for certain jobs or reduce the periods of imprisonment. 68 24. It is common practice to deduct a certain amount from wages in order to cover food, lodging and other maintenance costs, and other items such as compensation for crime victims. Here too, there are discrepancies among areas. The deduction rate is 40 per cent in England and Wales and in Taiwan Province of China,69 and deductions are between 50 and 60 per cent in the Cook Islands and Mozambique.70 The deduction amounts are much higher in other areas, such as in Austria (up to 75 per cent) and in the United States (up to 80 per cent). 71 Furthermore, it has been pointed out that the rising costs of living, which also affect 59 60 61 62 63 64 65 66 67 68 69 70 71 8 See Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia, statement on her visit to the United States (2023), available at https://www.ohchr.org/sites/default/files/documents/issues/racism/sr/statements/2023-11-14-EOMSR-Racism-usa-en.pdf; and submissions by Anti-Slavery Australia, Respect – Protect – Fulfill and Legal Initiative, Hadassa Noorda, Institute for Crime & Justice Policy Research, Taiwan Mad Alliance, American Civil Liberties Union, Worth Rises, and Tanisha Cannon and Dylan O’Donoghue. Submissions by Penal Reform International, Aix Global Justice and Ambika Satkunanathan. A/HRC/55/52, para. 46. See also submissions by Anti-Slavery Australia, Penal Reform International and Ambika Satkunanathan; and Ben Jarman and Catherine Heard, Labouring Behind Bars: Assessing International Law on Working Prisoners (2023), p. 12. Submission by Hadassa Noorda. Submission by Germany. Submission by American Civil Liberties Union. Section 87 of the Penitentiary Code of 2004 (Armenia); government decisions No. 157/2016 and No. 500165/2017 (Romania); and submissions by Colombia and the Human Rights Commission of Mexico City. Marietti, Prison Conditions in Italy, p. 24. Submission by the Institute for Crime & Justice Policy Research. A/HRC/54/51/Add.2, para. 57; and submissions by Colombia, Luxembourg and the Institute for Crime & Justice Policy Research. Submissions by the Institute for Crime & Justice Policy Research and Taiwan Mad Alliance. Committee of Experts on the Application of Conventions and Recommendations, observations and direct requests on Conventions No. 29 and No. 105, issued between 2021 and 2024 (available at https://normlex.ilo.org/dyn/normlex/en/f?p=1000:20015). Ibid.; and submission by the American Civil Liberties Union. GE.24-12247