What is ‘prison labour’?
Prison work differs across the country. According to one 2023 report, 48.8% of incarcerated people worked in prison operations (i.e. kitchens, laundry, gardening) and 29.7% in commercial industries (involved in making products or services designed to be sold to those outside the prison). Only 0.6% had work release. Incarcerated individuals who were ineligible for work included those with ill-health, those in full-time education and people on remand who chose not to work. The report also said there were more people in prison than there were available jobs. (Australian Productivity Commission)
What is the purpose of prison labour?
There are different views about the aim of prison labour. Some say it’s a way for incarcerated people to give back to the community (either through the work itself or to pay victims’ compensation) or as a way for them to pay for prison services and goods (such as phone calls). Others think it helps to keep people busy or compliant with prison rules, instils discipline, or even acts as a deterrent from further offending, especially where the work is hard or boring.
Today, Australian governments say that the primary objective of prison labour is rehabilitation: assisting incarcerated people to get work after they are released from prison. But that is not the only reason for prison labour. One of the few Australian reviews into prison labour concluded that governments having competing and changing priorities for prison labour (e.g. rehabilitation versus recouping state costs of prisons) reduces the effectiveness of industries in prison.
International human rights protections
There are international laws designed to protect workers against exploitation. One example, the Forced Labour Convention, is an international treaty against compulsory labour. Incarcerated people have some protections against forced labour under this Convention, but fewer protections than people in the community. Under the Forced Labour Convention, private companies, whether they are running an entire prison or just some of the work programs for incarcerated people, need the consent of the incarcerated people to work in their programs. The Convention also, however, allows governments to maintain work programs that require incarcerated people who are convicted to work.
There are also some labour protections in the Nelson Mandela Rules. The Nelson Mandela Rules are a set of guidelines adopted by the United Nations in 2015 which detail minimum standards for the safe, secure and dignified treatment of incarcerated people.
Some relevant Nelson Mandela Rules:
- Rule 96: there be ‘sufficient work of a useful nature’
- Rule 97: no incarcerated person ‘shall be required to work for the personal or private benefit of any prison staff’
- Rule 98: ‘so far as possible’, the work provided should improve people’s ability to get work after release, and incarcerated people should have some choice about the type of work they do
- Rule 99: vocational training is a more important objective than the prison making a financial profit, and should be the priority. Prison work should be as similar as possible to work done in the community, to prepare incarcerated people for work following their release from prison
The Nelson Mandela Rules also detail some minimum standards for incarcerated workers similar to workers in the community, such as occupational health and safety protections and the regulation of working hours (Rule 101 and 102). On the other hand, Rule 103 of the Nelson Mandela Rules does not require that incarcerated people be paid the same minimum wage that people doing the same sort of work in the community earn.
What is ‘prison labour’?
Prison work differs across the country. According to one 2023 report, 48.8% of incarcerated people worked in prison operations (i.e. kitchens, laundry, gardening) and 29.7% in commercial industries (involved in making products or services designed to be sold to those outside the prison). Only 0.6% had work release. Incarcerated individuals who were ineligible for work included those with ill-health, those in full-time education and people on remand who chose not to work. The report also said there were more people in prison than there were available jobs. (Australian Productivity Commission)
What is the purpose of prison labour?
There are different views about the aim of prison labour. Some say it’s a way for incarcerated people to give back to the community (either through the work itself or to pay victims’ compensation) or as a way for them to pay for prison services and goods (such as phone calls). Others think it helps to keep people busy or compliant with prison rules, instils discipline, or even acts as a deterrent from further offending, especially where the work is hard or boring.
Today, Australian governments say that the primary objective of prison labour is rehabilitation: assisting incarcerated people to get work after they are released from prison. But that is not the only reason for prison labour. One of the few Australian reviews into prison labour concluded that governments having competing and changing priorities for prison labour (e.g. rehabilitation versus recouping state costs of prisons) reduces the effectiveness of industries in prison.
International human rights protections
There are international laws designed to protect workers against exploitation. One example, the Forced Labour Convention, is an international treaty against compulsory labour. Incarcerated people have some protections against forced labour under this Convention, but fewer protections than people in the community. Under the Forced Labour Convention, private companies, whether they are running an entire prison or just some of the work programs for incarcerated people, need the consent of the incarcerated people to work in their programs. The Convention also, however, allows governments to maintain work programs that require incarcerated people who are convicted to work.
There are also some labour protections in the Nelson Mandela Rules. The Nelson Mandela Rules are a set of guidelines adopted by the United Nations in 2015 which detail minimum standards for the safe, secure and dignified treatment of incarcerated people.
Some relevant Nelson Mandela Rules:
- Rule 96: there be ‘sufficient work of a useful nature’
- Rule 97: no incarcerated person ‘shall be required to work for the personal or private benefit of any prison staff’
- Rule 98: ‘so far as possible’, the work provided should improve people’s ability to get work after release, and incarcerated people should have some choice about the type of work they do
- Rule 99: vocational training is a more important objective than the prison making a financial profit, and should be the priority. Prison work should be as similar as possible to work done in the community, to prepare incarcerated people for work following their release from prison
The Nelson Mandela Rules also detail some minimum standards for incarcerated workers similar to workers in the community, such as occupational health and safety protections and the regulation of working hours (Rule 101 and 102). On the other hand, Rule 103 of the Nelson Mandela Rules does not require that incarcerated people be paid the same minimum wage that people doing the same sort of work in the community earn.
It is important to keep in mind that for international laws or guidelines to be enforceable here in Australia, the protections need to be included in Australian law. Some Australian states and territories have included some of these protections in their Human Rights Acts (e.g. ACT, Queensland and Victoria), but not necessarily in their labour laws. Moreover, because Australian governments are guided by international law, the gaps in international labour protections for incarcerated people are unfortunately reflected in our Australian laws.
“Both internationally and in Australia, more work needs to be done to strengthen the rights of incarcerated workers.”
Where to next?
Last year, the United Nations’ independent expert on modern forms of slavery investigated work conditions for incarcerated and formerly incarcerated people and made some recommendations for change. Here are some of the expert’s recommendations:
- including incarcerated people in the category of ‘workers’ under national labour law protections, particularly focusing on ‘wages, working hours, occupational health and safety and trade union rights’
- paying incarcerated people national minimum wages
- ensuring reasonable and fair wage deductions ‘so that incarcerated individuals are able to purchase necessities, support their loved ones outside and save for their future’
- addressing employment barriers arising from criminal records (e.g. wiping records ‘after appropriate rehabilitation periods’)
- providing incentives to encourage hiring of formerly incarcerated people and raising awareness among businesses and employers, in order ‘to tackle discrimination, prejudice and stigmatisation experienced by formerly incarcerated individuals’
- making ‘appropriate adjustments and allowances depending on individuals’ wishes and needs’ when allocating work assignments (e.g. for people with disabilities)
- strengthening independent oversight of compliance with labour laws in prisons, ‘to identify instances of exploitation promptly’.
The Australian Government has committed to uphold the United Nations’ human rights framework and should genuinely consider implementing these expert recommendations to better ensure that incarcerated workers are protected from exploitative labour practices and their human rights are protected.
There also needs to be greater transparency about prison labour in Australia, including in relation to how much incarcerated people are paid in prisons across the country and whether the work people do while in prison leads to employment upon release. Crucially, we need to understand better what is and what is not working from the perspective of those most impacted by current labour laws, policies and practices – incarcerated and formerly incarcerated workers.
It is important to keep in mind that for international laws or guidelines to be enforceable here in Australia, the protections need to be included in Australian law. Some Australian states and territories have included some of these protections in their Human Rights Acts (e.g. ACT, Queensland and Victoria), but not necessarily in their labour laws. Moreover, because Australian governments are guided by international law, the gaps in international labour protections for incarcerated people are unfortunately reflected in our Australian laws.
“Both internationally and in Australia, more work needs to be done to strengthen the rights of incarcerated workers.”
Where to next?
Last year, the United Nations’ independent expert on modern forms of slavery investigated work conditions for incarcerated and formerly incarcerated people and made some recommendations for change. Here are some of the expert’s recommendations:
- including incarcerated people in the category of ‘workers’ under national labour law protections, particularly focusing on ‘wages, working hours, occupational health and safety and trade union rights’
- paying incarcerated people national minimum wages
- ensuring reasonable and fair wage deductions ‘so that incarcerated individuals are able to purchase necessities, support their loved ones outside and save for their future’
- addressing employment barriers arising from criminal records (e.g. wiping records ‘after appropriate rehabilitation periods’)
- providing incentives to encourage hiring of formerly incarcerated people and raising awareness among businesses and employers, in order ‘to tackle discrimination, prejudice and stigmatisation experienced by formerly incarcerated individuals’
- making ‘appropriate adjustments and allowances depending on individuals’ wishes and needs’ when allocating work assignments (e.g. for people with disabilities)
- strengthening independent oversight of compliance with labour laws in prisons, ‘to identify instances of exploitation promptly’.
The Australian Government has committed to uphold the United Nations’ human rights framework and should genuinely consider implementing these expert recommendations to better ensure that incarcerated workers are protected from exploitative labour practices and their human rights are protected.
There also needs to be greater transparency about prison labour in Australia, including in relation to how much incarcerated people are paid in prisons across the country and whether the work people do while in prison leads to employment upon release. Crucially, we need to understand better what is and what is not working from the perspective of those most impacted by current labour laws, policies and practices – incarcerated and formerly incarcerated workers.
