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.