Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Forced Labour Convention, 1930 (No. 29) - Chile (Ratification: 1933)
Protocol of 2014 to the Forced Labour Convention, 1930 - Chile (Ratification: 2021)

Article 2, paragraph 2(c), of the Convention. Prison labour in prisons operated under concession. In its previous direct request, the Committee requested the Government to provide information on the work programme in prisons already operating under concession, particularly on the criteria which make it possible to consider that the work of prisoners in such prisons may be compatible with the explicit provision of the Convention that work exacted from any person as a consequence of a conviction in a court of law is not defined as forced labour provided that the work is carried out under the supervision and control of a public authority and that the person is not hired to or placed at the disposal of private individuals, companies or associations.

Free consent

As regards the matter of free consent, the Committee previously requested the Government to indicate how it is ensured in both law and practice that prisoners give their consent freely for work that they perform in prisons operated under concession and whether any refusal to work is taken into account in assessing the prisoner’s conduct.

The Committee notes that, under section 32 of the Penal Code, persons sentenced to the penalty of “presidio” shall be required to carry out work, while those sentenced to a penalty of “reclusión” or “prisión” shall not be required to perform work of any kind. It also notes that, under Act No. 19856 of 2003 on the system of social reintegration, a sentence may be reduced based on proven outstanding conduct during that sentence and that work is one of the mandatory criteria used to assess a prisoner’s conduct (section 7(b) of Act No. 19856 of 2003). The Committee also notes the Government’s indications concerning the assessment of the work performance of prisoners carried out by the operator. The Committee notes that the possibility of reducing a sentence, as provided for under the above Act, is dependent on consent to work.

The Committee requests the Government to indicate the authority responsible for assessing prisoners’ conduct for the purpose of reducing their sentences and the measures taken or envisaged to ensure that a refusal to work for a private enterprise does not constitute a threat of the loss of the advantage provided for under the above Act on the reduction of prison sentences.

Conditions approximating those of a free employment relationship

With regard to working conditions approximating those of a free employment relationship, the Committee notes with interest that, according to the Manual for linking private enterprise to the prison labour programme, the remuneration of prisoners working for private enterprises established on prison complexes is subject to the labour legislation in force. Their conditions of occupational safety and health and of social security are also subject to the labour legislation.

The Committee requests the Government to indicate whether the labour legislation is also applied to the remuneration and other working conditions in prisons operated under concession.

Representation submitted under article 24 of the ILO Constitution

The Committee notes that at its 303rd Session (November 2008), the Governing Body adopted the report of the tripartite committee set up to examine the representation submitted by the Colegio De Abogados de Chile alleging non‑observance by the Government of Chile of Convention No. 29. The Committee requested the Government to provide information on the measures taken to give effect to its recommendations in its reports on the application of the Convention, namely:

–           to review the functioning of the duty lawyer roster system in order to ensure that the system does not prejudice the free exercise of the profession of lawyer; and

–           to take the necessary measures to ensure that such a review takes into account the volume of work imposed, the frequency of assignments, the financial losses incurred and the excessive nature of the sanction that is currently envisaged.

The Committee requests the Government to provide information on the effect given to these recommendations.