SOUTH AFRICAN PRISONERS ORGARNISATION FOR HUMAN RIGHTS (S.AP.O.H.R)
South African Prisoners Organization for Human Rights Policy Brief on
Prison Industrialization.
I. The Purpose of Prison Industrialization
In South Africa, prison work programmes are categorized as part of the
error to Rehabilitate and Re-integrate prisoners and prepare them for life
outside prison. Prisoners are supposed to develop job-related skills and work
ethics through work and labor programmes- These are laudable goals and many prisoners
appreciate the opportunity to work and gain skills while in prison.
However, the goals of Rehabilitation and Reintegration will not be achieved if
prison labourers are not given the opportunity to work in a safe environment
where they are treated with dignity and respect. If prison officials treat
prison. labor as a form of punishment or if corporations treat prison labor as
a source of cheap labor, Rehabilitation and Reintegration will not be the focus
of the experience for prisoners who work. Hence SAPOHR calls for the
Industrialization of the Correctional Services
II The Reality of Prison Labor
Historically, Prison labor in South Africa has been a source of cheap or
free labor for private persons who contract with the government to use the labor;
This labor, which often took the form of farm labor, was conducted through
either a lease system, where prisoners go to private farms to work during the
day, or a contract system, where the work is done on prison grounds. The
conditions in which this work was carried out have been extremely difficult,
dangerous, and often abusive for the prisoners.
In other countries, the use of prison labor by big businesses has been growing
swiftly. These corporations pay the prisoners little or nothing to produce clothing,
furniture, electronic appliances and many other products. Prisoner's rights
advocates have cited abuse, extremely dangerous work conditions, and excessive
exploitation in their outcries against prison labor.
SAPOHR has received complaints from prisoners who have been hurt while
working without receiving any compensation and who have described work
conditions in which prisoners are not properly trained, not properly
supervised, and not given adequate protective clothing or equipment. As well,
prisoners earn so little that they cannot effectively save money for their
post-release life.
II. The Constitution act
108-1996 and the Correctional Services Actlll-1998
"Human dignity" and "the
advancement of human rights" are among the core values that govern the
Republic of South Africa. The Bill of Rights applies all to people incarcerated
in the Republic, and these rights should guide all regulations established to
govern the administration of the country's penal institutions.
Every South African has the right "not to be treated or punished in a
cruel, inhuman or degrading way and, "no one may be subjected to slavery,
servitude, or forced labour." All workers in South Africa have "the
right to fair labour practices," and the right to form and join a trade union
and "to participate in the activities and programmes of a trade
union."
Nothing in these basic rights specifies that these rights apply only to persons
working outside prisons. Thus, there is no reason they should be interpreted to
mean as much.
The Correctional Services Act 111- 1998 also recognizes that prisoners who work
should be treated with respect. It mandates that "the Department must seek
to provide amenities which will create an environment in which prisoners will
be able to live with dignity."
Nothing in these basic rights specifies that these rights apply only to persons
working outside prisons. Thus, there is no reason they should be interpreted to
mean as much.
The 1998 Correctional Services Act III also recognizes that prisoners who work
should be treated with respect. It mandates that "the Department must seek
to provide amenities which will create an environment in which prisoners will
be able to live with dignity."
IV. The Benefits to Recognizing Prisoners Work Rights
A. If the new purpose of incarceration in South Africa, and particularly
prison. labor programmes, is to Rehabilitate and Re-integrate offenders, then
there is no reason no to recognize their rights to a dignified work
environment. Rehabilitation and Re-integration demands an environment of
respect, not exploitation.
B, To ensure this respect, prisons need to be Industrialized so that working
inmates would recognized as workers and given the opportunity to protect
themselves in the work environment. They need the opportunity to build skills,
ensure they receive proper training, and the use of proper equipment.
C. To receive a basic wage, minimum salary and/or a stipend for all work done
in Prison. Made a contribution towards, UIF, boarding, food, clothing, medical
treatment, pension and provident fund, family and victims trust fund etc.
E. If given the opportunity to be recognized as workers in an Industrialized
Correctional Services, would not only be given the chance to protect their
working conditions, but they would also develop negotiation skills, group
process skills and team work.
D The problem of corporate exploitation would also be reduced if the DCS is
industrialized and prisoners had work rights and the ability to negotiate. They
are a very vulnerable group of workers and corporations generally take
advantage of this reality. Prisoners become a source of cheap labor and
sometimes corporations prefer to use this labor rather than pay the cost of
labor outside the prison. Giving prisoners the opportunity to be recognized as
workers in an Industrialized DCS will ensure that corporations cannot exploit,
to the detriment of workers both inside and outside Prisons.
E. Most importantly, prisoners, and their process of Rehabilitation and Reintegration
will benefit greatly from being treated with basic dignity and respect.
Re: Questionnaire for the Industrialization of Prisons.
1. "Are you aware of SAPOHR's proposal to the Department of
Correctional Services (DCS) for the Industrialization Prisons?"
2" How do you feel about it and would you give considerable
attention?"
3." Does Portfolio Committee on Correctional Services view Prisoners as
part of South African labor force?"
4." Have you ever looked into the issue of Prison Industrialization?"
5." Is your Committee willing to assist or given a chance in the support
of Prison Industrialization ?'
6." If yes, what measures would you utilize to make this a
possibility?"
7. "Are you willing to sensitize your Political Party on the rights of
Prisoners as works?" If so what steps would you undertake achieve
this?"
8." Will representation of these workers (Prisoners) receive equal
attention as workers outside the penal system should dispute occur?"
9." What criteria would you use to Prisoners should complaints be reported
with work related issues?"
10."WiIl Correctional Services Act 111 of 1996 and the Labor Relations Act
66 of 1995, as amended, be applied in Prison Industry?"
11." Would Prisoners in a Prison Industry going to enjoy same rights
received by other workers who are not Prisoners?"
12. "The purpose of the Basic Condition of Employment Act is to give
effect and regulate the right to fair practices by establishing and enforcing
basic conditions of employment regulating the variation of many conditions. Will
this Act be applied in Prison Industry?"
13." Many employees join Unions as means of protecting their jobs e.g.
Retrenchments, dismissals, unsatisfied working conditions etc. Would this be
applied in Prison Industry?"
14," Should you encounter problems, would you be willing to join forces
with SAPOHR in their efforts to Industrialize Prisons and Unionize working
Prisoners?"
15." Do you foresee any problems with the DCS, if so how are you going to
tackle them?"
16." Are you willing to approach the DCS on the types of jobs undertaken
by Prisoners, and find out what Prisoners think of your Committee assisting
them in this venture?"
17." Should Prison Industry/Labor be unionized, how will meetings be
conducted and in which location
18." Government is privatizing Prisons, how do you think this affect
service delivery?'
19. Do you think you will take steps to en/discourage this objective ?'
20." Would you also look into corporate investment in Prison
Industry/Labor?"
21." To conclude, do you think the proposal for Industrializing Prisons is
feasible or just an unattainable or impossible venture?"
Golden Miles Bhudu.