Slavery and Forced Labor (Article 8)
List of Issues:
- Control by Employees of Private Companies
- Is it a fact that employees of private companies directly control
prisoners who are working at prison labor? If so, does it not
violate Article 8 of the Covenant and Article 2, Paragraph 2(c)
of the ILO Convention Concerning Forced Labor, to which Japan
is a party?
- The Prohibition against Looking to One Side and Conversations
in Prison Factories
- In prison factories detainees are prohibited from looking away
from their work or talking to each other or to the warders. Monthly
payment for their work is about 3,000 yen per person, which is
less than 1% of the average for workers outside of prison. Should
not these practices fall under "forced or compulsory labor" of
Article 8 of the Covenant?
Background:
- Prison work is recognized as forced labor, which is not precluded
under Article 8 of the Covenant, but if it is the case that employees
of private companies directly control the prisoners who are doing
forced labor it becomes forced labor that is prohibited under
Article 2, Paragraph 2(c) of the ILO Convention concerning Forced
Labour. It is not rare that employees of private companies give
instructions at the prison factory, and such practices have been
addressed by the U.S. Congress. It is necessary for the Japanese
government to clarify its views regarding this practice that violates
Article 8, Paragraph 3(b) of the Covenant, and Article 2, Paragraph
2(c) of the ILO Convention Concerning Forced Labor.
- In Japan, detainees are prohibited from looking away from their
work or talking to each other at prison factories, and the payment
for their compulsory work is quite low. Prison work under such
strict regulations inflicts extreme pain upon the convicts, and
thus falls under the forced labor section of Article 8 of the
Covenant.