A/HRC/57/46 managed by private entities, as the Forced Labour Convention, 1930 (No. 29) does not allow full delegation of supervision or control to private entities. 20 9. Third, incarcerated individuals cannot be hired to, or placed at the disposal of, private individuals, companies or associations. 21 This applies to work performed in privately run prisons and work for private employers, both inside and outside prison premises. 22 However, the ILO Committee of Experts on the Application of Conventions and Recommendations, which monitors the implementation of ILO conventions, has indicated that such arrangements are permissible: (a) when prisoners give formal, free and informed consent without being subjected to pressure or the menace of any penalty; and (b) when they perform work in conditions approximating a free employment relationship with regard to wages, social security and occupational safety and health.23 10. Another relevant instrument is the ILO Abolition of Forced Labour Convention, 1957 (No. 105). Article 1 thereof makes clear that forced or compulsory labour cannot be imposed: (a) As a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (b) As a method of mobilizing and using labour for purposes of economic development; (c) As a means of labour discipline; (d) As a punishment for having participated in strikes; (e) As a means of racial, social, national or religious discrimination. 11. This is in line with wider jurisprudence on arbitrary detention. The Human Rights Committee has stated that persons deprived of their liberty (including incarcerated individuals) enjoy all the rights set forth in the International Covenant on Civil and Political Rights, subject to the restrictions that are unavoidable in a closed environment, 24 and that detention as punishment for the legitimate exercise of rights, including freedom of opinion and expression, of assembly, of association and of religion, is arbitrary.25 The Working Group on Arbitrary Detention similarly held that detention for the purpose of political or cultural rehabilitation through self-criticism was inherently arbitrary, as it violated the freedom of thought and religion or belief.26 12. While the imposition of labour that meets the above criteria may be in compliance with international labour standards, States still must promote decent work for incarcerated individuals. In that regard, the Committee on Economic, Social and Cultural Rights has stated that the obligation to respect the right to work requires States to refrain from denying or limiting access to decent work for all persons, including prisoners and detainees. 27 The underpinning principles for decent work include fair wages, dignity, equality and safe working conditions. 28 Furthermore, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) clearly stipulate that prison labour must 20 21 22 23 24 25 26 27 28 4 Ibid., para. 112. Article 2 (2) (c) of the Forced Labour Convention, 1930 (No. 29). ILO Committee of Experts on the Application of Conventions and Recommendations, observation concerning the ILO Forced Labour Convention, 1930 (No. 29) – United Kingdom of Great Britain and Northern Ireland, adopted in 2020. Available at http://ilo.ch/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUN TRY_ID:4059792,102651:NO. Giving Globalization a Human Face: General Survey on the Fundamental Conventions concerning Rights at Work in Light of the ILO Declaration on Social Justice for a Fair Globalization, 2008 (International Labour Office, 2012), paras. 278, 279 and 291. General comment No. 21 (1992), para. 3. General comment No. 35 (2014), para. 17. Deliberation No. 4. General comment No. 18 (2005), para. 23. ILO, “What is decent work?”. Available from https://www.ilo.org/global/topics/decent-work/lang-en/index.htm. GE.24-12247