SOUTH AFRICAN PRISONERS ORGANINISATION FOR HUMAN RIGHTS

Presentation for Submission for the Correctional Services Amendment Act.

September 04 2008, Cape Town

Re: SAPOHR’s response to the Correctional Services Amendment Bill.

Firstly, thank you very much for the invitation, secondly, thank you for outlining a very recommendable Correctional Services Amendment Bill. However there are a few issues we as SAPOHR remain concerned about and they are:

Ø Section 40 (6), Prison labor will not constitute an employer and employee relationship with the Department of Correctional Services (DCS). This latter section as is gives legitimacy to section 40 in its totality. .

Ø Having studied Section 119, Supplying certain articles to Prisoners, Sec.120, Prisoners receiving or sending articles, Sec. 121, Selling articles to Prisoners, Sec. 122, Unauthorized entry at Prisons and communication or interference with Prisoners, Sec. 123 Prohibited publication, there is no mention made of getting permission from the DCS to disseminate leaflets, flyers and/or pamphlets to relatives of inmates.

Ø The expunction of previous criminal records might be outside of your jurisdiction and mandate, but it will be commendable if your committee sensitizes your counterpart in the Criminal Justice Cluster to this end. Surely this will not murder the devil in the detail.

However, we notice with great interest Section 124, has been enacted to the effect that masquerading as an Inmates will be unlawful and punishable with an imprisonment term and a fine or both.

I would like to begin by coding the former Minister of Correctional Services, Mr. Ben Skosana, during the National Symposium on Correctional Services, which was held in June 2000, at Technikon SA - Crown Mines.

“The status quo regarding the issue of prison labor is very restrictive. Section 133 of the Correctional Services Act, 1998 merely requires state departments, as far as possible, to purchase articles and supplies that are manufactured by prison labor from the Department of Correctional Services (DCS), at fair and reasonable prices, as may be determined by the Minister of Finance. Income generated from these purchases is not ploughed back to the prison system to promote self-sufficiency but is deposited directly into the exchequer. It is important to mention that the projected income from the sale of prison products for the current financial year is R83, 2 million. Whilst I appreciate the concerns of those who are opposed to prisons marketing their products in the open market in competition with the private sector, I remain convinced that a workable compromise can be achieved in the interest of meaningful reintegration and crime prevention."

It is estimated that about 29% of all inmates in South Africa work, more than 40,000 people. The DCS earned an income of R83, 2 million, up to 24% from the previous year. This constitutes 5% of the total income for the year 1999/00. The prison population has increased from 170 959 on March 2001, to 176 342 in March 2002.

For the financial year 2000/2001, the DCS's earnings on prison labor increased from R83, 2 million -1999/2000 to 102.4 million 2000/2001.

The above-mentioned information is NO MORE available in the DCS Annual Reports since the days of former Minister Ben Skosana. Not even the so-called Independent Judicial Inspectorate can provide this kind of information. No even numbers of inmates who died from HIV/AIDS. This vail l of secrecy must be uncovered.

None of the so-called relevant stakeholders can provide us with this kind of information, despite being intimate sweet hearts of the DCS. Nor can the Independent Judicial Inspectorate on Prisons.

While the DCS is making money, the prison workers receive almost no compensation, and certainly not enough to build their own economic resources. Inmates do not receive adequate training for the work they perform, they often work in dangerous conditions with no ability to negotiate the conditions of their own work, and there are no official labor mechanisms in place for inmates to seek redress when they are hurt on the job or treated poorly by supervisors.

Given this context, SAPOHR proposes that particular Sections 40 (6) be repealed and the DCS converted to Industrialize colonies. If this happens than working inmates must be given the right to form an officially recognized Prisoners Workers Union to ensure access to decent working conditions, living wages, labor and human rights protection.

The Constitution says that all South Africans have the right "not to be treated or punished in a cruel, inhumane or degrading way," and, "no one may be subjected to slavery, servitude, or forced labor." The Constitution also says that all workers in South Africa have "the right to fair labor practices" and the right to form and join a trade union and "to participate in the activities and programmes of a trade union." The Constitution does not say these fundamental rights only belong to non-prisoners. It says these rights belong to everyone. So, prisoners work rights should be recognized and protected in accordance with the Constitution.

To do this, the 1998 Correctional Services Act. 111 should be amended to ban forced labor and to recognize prisoners as workers. While the Act states prisoners cannot be forced to work" as a form of discipline or punishment," the Act also states that prisoners may be compelled to work as part of their incarceration and that "the performance of work by prisoners will not constitute an employment relationship with the DCS." Forcing prisoners to work as part of their incarceration goes against the anti-slavery mandate of the Constitution, and refusing to recognize prisoners as workers goes against prisoners rights themselves as working people.

While SAPOHR supports the development of work opportunities for all prisoners SAPOHR cannot condone the exploitation of prison labor for the profit of either private companies or the state DCS should not be in the business of punishing prisoners further. The DCS has also stated that the purpose of work programmes is to rehabilitate the offender and teach industriousness and job skills.

If the DCS is serious about these statements, then prisoners need work rights. Prisoners, as a group of people who may be compelled to work and who are living out of sight of the public's eye, are an extremely vulnerable group of workers. The potential for exploitation is extremely high. There is no reason prisoners should be refused the chance to work with the dignity. Indeed, their rehabilitation and their opportunity to stay out of prison once released depend on it.

In developed countries e.g. Scandinavian counties, USA, UK, Asia, Canada etc, this concept is as old as the mountains.

The Democratic Alliance (DA) released a document in 2006, entitled: “PRISONS WORK WHEN PRISONERS WORK”. It would be appreciated if the DA could enlighten what happened ever since with the concept. Or was it one of those periodic karaoke sessions again.

Prison Labor.

SAPOHR is also concerned about the contradictions in prison labor in South Africa. SAPOHR recognizes that access to work programmes is minimal and many thousands of prisoners who want to work cannot because there is not enough space in existing programmes. However, SAPOHR also knows that prisoners who do work are not treated with basic human rights respect.

It is estimated that about 29 percent of all prisoners in South Africa work, more than 40,000 people.

South African Prisoners Organization for Human Rights

Policy Brief on Prison Industrialization.

1. 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 laborers 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.

III. The Constitution act 108-1996 and the Correctional Services Act 111-1998

"Human dignity" and "the advancement of Labor and 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 labor." All workers in South Africa have "the right to fair labor 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."

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 victim’s 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 Re-integration will benefit greatly from being treated with basic dignity and respect.

Presented by GM.Bhudu