[DRAFT] Regulations on Convict Labor

[Barfleur]

Regulations on Convict Labor
Category: Regulation | Area of Effect: Labor Rights | Proposed by: Barfleur

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The World Assembly,

Applauding prior legislation, at the national and international level, to abolish slavery and protect the rights of workers;

Understanding that there are crimes for which a sentence of incarceration is appropriate;

Aware of nations which permit prisoners to work during the period of their incarceration;

Recognizing the value that prison labor brings to society, as well as to an incarcerated person, including, but not limited to, gaining work experience and receiving pay;

Dismayed by reports of abuse in the prison labor systems of many nations, including requiring prisoners to work for little or no pay;

Committed to guaranteeing basic rights for all sapient beings, including those serving a prison sentence;

Hereby:

1. Defines, for the purpose of this resolution, a "prisoner" as a sapient being confined to a certain location as punishment for a crime, excluding persons confined to their own home or that of a legal guardian;

2. Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work during the period of their incarceration;

3. Prohibits the sale or leasing of any prisoner by the government or any private prison to any private corporation or institution;

4. Extends all workplace health and safety regulations, past and future, on the national and international level, to cover prisoners working during the period of their incarceration;

5. Requires prisoners working during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work;

6. Authorizes the nations that permit prison labor to deduct from a prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money;

7. Clarifies that nothing in this resolution shall be construed to abolish or hinder the existence of private prisons, or disparage them in favor of government-owned prisons; and

8. Affirms its commitment to the rehabilitation of criminal offenders, and recognizes fair and gainful prison labor as a step in that direction.

This is quite a rough draft, and I have no idea when I plan on submitting it (ideally before September though). If there is any advice or feedback, I would be happy to hear it.

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Edit Log
7/6/20: Added a clause clarifying that this resolution does not prohibit private prisons
7/7/20: Added a clause enabling nations to deduct prisoners' pay to cover the costs of keeping them imprisoned
7/9/20: Added a preambulatory clause
7/10/20: Changed title from "Regulations on Prison Labor" to "Regulations on Convict Labor" and added a phrase in the first clause acknowledging legislation by the WA and by individual nations
7/13/20: Removed “human or other” from Clause 1 and removed “or not” from Clause 2
7/14/20: Clarified that workplace health and safety regulation, past and future, apply to prison laborers
7/19/20: Edited the second clause to permit member nations to include prison labor as a sentence for a crime so as not to contradict GA#23
7/21/20: Removed the parts allowing nations to require prison labor so as not to contradict "International Criminal Protocol"
7/27/20: Submitted!
7/30/20: Failed to make queue, returned to drawing board
8/14/20: Changed "incarcerated being" to "incarcerated person" and modified the line relating to house arrest
8/16/20: Reworked the line relating to house arrest

[Kenmoria]

“How would clause 3 work with private prisons, such as those in Kenmoria? Also, clause 4 requiring prisoners to receive the average wage of a free person doesn’t sit well with me; I would much prefer a requirement simply that prisons must provide remuneration for adequately-completed work.”

[Burn Swi]

“How would clause 3 work with private prisons, such as those in Kenmoria? Also, clause 4 requiring prisoners to receive the average wage of a free person doesn’t sit well with me; I would much prefer a requirement simply that prisons must provide remuneration for adequately-completed work.”

I would like to echo these sentiments: Burn Swi also has private prisons, and agree with either the revision or removal of clause 4. Thank you for your proposal and consideration.

[Barfleur]

“How would clause 3 work with private prisons, such as those in Kenmoria? Also, clause 4 requiring prisoners to receive the average wage of a free person doesn’t sit well with me; I would much prefer a requirement simply that prisons must provide remuneration for adequately-completed work.”

I would like to echo these sentiments: Burn Swi also has private prisons, and agree with either the revision or removal of clause 4. Thank you for your proposal and consideration.

"The purpose of clause 3 is to end the practice of convict leasing, which, aside from being abusive to the prisoners, is harmful to free workers, as employers are able to outsource their work to underpaid prisoners, thus driving down wages. Clause 4 has a similar purpose, to remove the incentive to hire prisoners as opposed to free workers. It also ensures that prisoners make a fair amount of money for the work they do. But I will change clause 4, so let me know what you think of the edit."

[Terttia]

OOC: There are no strengths within the “Regulation” category; there are only areas of effect.

[Burn Swi]

“How would clause 3 work with private prisons, such as those in Kenmoria? Also, clause 4 requiring prisoners to receive the average wage of a free person doesn’t sit well with me; I would much prefer a requirement simply that prisons must provide remuneration for adequately-completed work.”

I would like to echo these sentiments: Burn Swi also has private prisons, and agree with either the revision or removal of clause 4. Thank you for your proposal and consideration.

"The purpose of clause 3 is to end the practice of convict leasing, which, aside from being abusive to the prisoners, is harmful to free workers, as employers are able to outsource their work to underpaid prisoners, thus driving down wages. Clause 4 has a similar purpose, to remove the incentive to hire prisoners as opposed to free workers. It also ensures that prisoners make a fair amount of money for the work they do. But I will change clause 4, so let me know what you think of the edit."

I am still concerned about private prisons in clause 3, and clause 4 still in my opinion defeats the purpose of prisons. What is the point of prison if criminals are treated better then private citizens? Unless these concerns are adequately addressed, I am going to have to vote no on this.

[Araraukar]

The purpose of clause 3 is to end the practice of convict leasing

OOC: You realize it's also banning work release, if the place they would work in, was private institution? And no, "work release" does not mean just being released from prison (after serving your sentence), it means serving the rest of your sentence working - basically parole - for the institution or business or person or whatever that's agreeing to oversee you and make sure you don't get in trouble with the law again.

[Barfleur]

"The purpose of clause 3 is to end the practice of convict leasing, which, aside from being abusive to the prisoners, is harmful to free workers, as employers are able to outsource their work to underpaid prisoners, thus driving down wages. Clause 4 has a similar purpose, to remove the incentive to hire prisoners as opposed to free workers. It also ensures that prisoners make a fair amount of money for the work they do. But I will change clause 4, so let me know what you think of the edit."

I am still concerned about private prisons in clause 3, and clause 4 still in my opinion defeats the purpose of prisons. What is the point of prison if criminals are treated better then private citizens? Unless these concerns are adequately addressed, I am going to have to vote no on this.

Prisoners are not "treated better" than non-prisoners, they just have to be paid a fair wage. It also allows them to repay their debt to society (by doing useful work and not at the expense of free workers) and gives them valuable work experience, thus making it more likely for them to find a job once released and making it less likely for them to reoffend.

[Araraukar]

Prisoners are not "treated better" than non-prisoners, they just have to be paid a fair wage.

OOC: Why? Unless the state is allowed to charge them for all the costs of keeping them in the prison (not just the security measures but also food, healthcare and amenities) in the same manner as non-prisoners, you ARE treating them better.

[Barfleur]

Prisoners are not "treated better" than non-prisoners, they just have to be paid a fair wage.

OOC: Why? Unless the state is allowed to charge them for all the costs of keeping them in the prison (not just the security measures but also food, healthcare and amenities) in the same manner as non-prisoners, you ARE treating them better.

OOC: That's fair. I will add a clause to that extent.

[Barfleur]

Bumping for further feedback. I'll also be keeping an edit log, starting today.

[Araraukar]

OOC: Obvious issue: forced labour is not allowed, nations can't require prison labour.

[Barfleur]

OOC: Obvious issue: forced labour is not allowed, nations can't require prison labour.

OOC: GA#23 specifically excludes "prison labour or community service given as sentence in the course of a fair trial" from the definition of forced labor, so nations can and do require it. My proposal would still allow them to do so, provided they abide by the regulations set out in this resolution and GA#23.

[Barfleur]

"In the event that the proposal from the Tinfectian delegation should pass, I will edit the second clause to remove the part allowing member nations to require prisoners to work during the period of their incarceration. If it does not pass, I will leave the proposal intact."

[Kenmoria]

“Clause 1 could easily be made simpler by having just ‘a sapient being’ rather than ‘a human or other sapient being’. Also, ‘whether or not’ in clause 2 is redundant.”

[Barfleur]

“Clause 1 could easily be made simpler by having just ‘a sapient being’ rather than ‘a human or other sapient being’. Also, ‘whether or not’ in clause 2 is redundant.”

“Fixed, thank you.”

[Barfleur]

I was thinking of submitting soon, but then I saw there are 2 proposals already in queue... and 15 illegal proposals. I think I'll submit once the next two have been voted on.

[Araraukar]

OOC: Obvious issue: forced labour is not allowed, nations can't require prison labour.

OOC: GA#23 specifically excludes "prison labour or community service given as sentence in the course of a fair trial" from the definition of forced labor, so nations can and do require it. My proposal would still allow them to do so, provided they abide by the regulations set out in this resolution and GA#23.

OOC: Highlighted the relevant part. Unless you're restricting this whole thing on sentenced work only (of which I don't see any hint), then member nations cannot require that prisoners not so sentenced, have to work while in prison.

[Barfleur]

OOC: GA#23 specifically excludes "prison labour or community service given as sentence in the course of a fair trial" from the definition of forced labor, so nations can and do require it. My proposal would still allow them to do so, provided they abide by the regulations set out in this resolution and GA#23.

OOC: Highlighted the relevant part. Unless you're restricting this whole thing on sentenced work only (of which I don't see any hint), then member nations cannot require that prisoners not so sentenced, have to work while in prison.

That's certainly a good point. I suppose that leaves the door open to member nations handing down generic prison sentences like "5 years in prison, during which we have the option of forcing you to work." But maybe I should amend my proposal to make that more clear.

[Araraukar]

OOC: Highlighted the relevant part. Unless you're restricting this whole thing on sentenced work only (of which I don't see any hint), then member nations cannot require that prisoners not so sentenced, have to work while in prison.

That's certainly a good point. I suppose that leaves the door open to member nations handing down generic prison sentences like "5 years in prison, during which we have the option of forcing you to work." But maybe I should amend my proposal to make that more clear.

OOC: Except if and when this passes (currently 59% for), forced prison labour is banned in cases not directly covered by the previous one.

[Barfleur]

Bumping for further feedback. Depending on the number of submitted proposals and on RL happenings I may submit in the next two weeks.

[Barfleur]

I have sent this proposal to the floor. Fingers crossed, it will be approved.

[Barfleur]

/bump

I'm thinking of reworking this proposal to make it more passable, and then submitting again.

[Kenmoria]

/bump

I'm thinking of reworking this proposal to make it more passable, and then submitting again.

(OOC: Did it not reach quorum? I can’t think why, except perhaps due to an error with campaigning. There doesn’t seem to be anything immediately wrong with the draft.)

[Honeydewistania]

Clarification needed: Are prisons allowed to force everyone off their arse and work? Or is it an 'opt-in' thing?