A/HRC/57/46 III. International standards 5. International human rights and labour laws do not strictly prohibit the imposition of labour during incarceration. Article 2 (c) of the Forced Labour Convention, 1930 (No. 29) of ILO exempts from the definition of forced or compulsory labour any work or service exacted from any person as a consequence of a conviction in a court of law. Similar exemptions exist under the International Covenant on Civil and Political Rights, 5 the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)6 and the American Convention on Human Rights.7 It was originally thought that such labour benefited prisoners, in terms of facilitating rehabilitation and reintegration, as well as society at large, through the public works performed by the prisoners. 8 It is therefore clear that labour during incarceration should not have a punitive purpose or effect.9 6. Certain conditions must be met in order for this exemption to remain valid. First, a person must be convicted in a court of law. The vast majority of Member States impose compulsory labour after convictions in one form or another. 10 When persons who have not yet been convicted (e.g. persons in pretrial detention or detention without trial) are compelled to work without their explicit consent, however, such work is to be regarded as forced labour. 11 Labour imposed by administrative or non-judicial bodies, which include immigration authorities in the context of immigration detention, is also regarded as contrary to the Forced Labour Convention, 1930 (No. 29).12 7. The Special Rapporteur emphasizes further that detention or conviction must conform to the existing international norms and principles relating to procedural fairness and due process of law,13 which are stipulated in instruments such as the International Covenant on Civil and Political Rights and regional human rights treaties. Provision of access to effective remedies in the event of violations of these norms and principles is also important. 14 Otherwise the deprivation of liberty would be regarded as arbitrary, 15 and imposition of labour in the circumstances of arbitrary detention can be regarded as forced labour. 16 8. Second, any work performed by incarcerated individuals must be supervised by a public authority.17 The reason for this is to “prevent the conditions under which prisoners work being determined otherwise than by the public authorities, in a situation in which the workers concerned do not enjoy the rights of free workers”. 18 The public supervision and control must be effective, systematic and regular, and therefore cannot be based solely on periodic inspections.19 This is particularly important for correctional facilities that are run or 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 GE.24-12247 Art. 8 (3) (b). Art. 4 (3) (a). Art. 6 (3) (a). Committee of Experts on the Application of Conventions and Recommendations, Eradication of Forced Labour: General Survey concerning the Forced Labour Convention 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105) (ILO, 2007), para. 49. The exemption also applies to labour exacted through the imposition of other kinds of penalties, such as a sentence of community work. Human Rights Committee, Nyaya v. Nepal (CCPR/C/125/D/2556/2015), para. 7.5. Working Group on Arbitrary Detention, deliberation No. 4 (E/CN.4/1993/24, sect. II). Committee of Experts on the Application of Conventions and Recommendations, Eradication of Forced Labour, para. 51. ILO, Hard to See, Harder to Count: Handbook on Forced Labour Surveys, 3rd ed. (2024), p. 160. Committee of Experts on the Application of Conventions and Recommendations, Eradication of Forced Labour, para. 52. Human Rights Committee, general comment No. 35 (2014), para. 8. Working Group on Arbitrary Detention, deliberation No. 4. Nyaya v. Nepal, para. 7.5. Article 2 (2) (c) of the Forced Labour Convention, 1930 (No. 29). Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 1B) (2007), para. 53. Ibid., paras. 53 and 112. 3