On the International Labour Organization and Prison Labour: An Invitation for Recalculation

Abstract

This Article re-examines the ILO’s normative outlook on prison labour, arguing it is out of touch with the realities on the ground with the global proliferation of public/private hybrid forms of prison labour. The Article brings to light the controversy surrounding this ILO outlook, as countries repeatedly demand the ILO to relax its dichotomous stance while defying it. We illustrate that there is a heavy price to be paid if the ILO stays the course, but also if it adopts the states’ position. Instead, we point to two alternative approaches, beyond both the states’ and the ILO’s approaches.

Keywords: International Labour Law, International Labour Organization, Forced Labour, Prison Labour, Privatization, Private/Public Divide