No. 29 - Forced Labour, 1930

Provisions

• Forced or compulsory labour is defined as any work exacted under the threat of any penalty and for which a person has not offered him or herself voluntarily.
• Ratifying states undertake to abolish the use of compulsory labour in all its forms.
• Exceptions are made for:
  • compulsory military service;
  • normal civic obligations including minor community service;
  • penal labour exacted following a conviction in a court of law and performed under the supervision and control of a public authority (not work for private individuals or bodies);
  • work exacted in emergencies; and
  • work demanded by law or custom in countries where food production is organised on a communal basis.

Administered by

Department of Corrections

• Corrections Act 2004
• Corrections Regulations 2005
• Sentencing Act 2002

Department of Labour

• Health and Safety in Employment Act 1992

Ministry of Justice

• Crimes Act 1961
• Criminal Justice Act 1985
• Criminal Justice Regulations 1958
• Sentencing Act 2002

How New Zealand implements it

• New Zealand has not enacted any laws that specifically prohibit forced labour.
• Compliance with the Convention is dependent on various sanctions against illegal imprisonment or detention, on the entitlements of employees as specified in various Acts and collective agreements, and on the absence of legislative provisions that permit forced labour.
• The Department of Corrections has developed a Prisoner Employment Strategy (PES) that provides the framework to increase both prisoner participation in (from 40-60%), and the quality of, employment and education available to prisoners. The PES is designed to increase prisoner participation in employment, and to provide prisoners with quality training which will increase their chances of obtaining sustainable post release employment.
• Under the PES, prisoners work for the New Zealand Department of Corrections in various working environments to promote their rehabilitation. Prisoners are not contracted directly to private sector entities, and are able to freely choose whether to participate in work by signing consent forms prior to starting employment.
• The requirements of the Health and Safety in Employment Act are observed by prison management with respect to inmate employment.

This Convention is applicable to Tokelau. Forced labour is not, and has not been an issue in Tokelau. Compulsory work is not required of either prison inmates or social welfare beneficiaries; and there are no prisons in Tokelau.

Ratified - 29 March 1938

Total ratifications - 172

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