Penal labour
Encyclopedia
Penal labour is a form of unfree labour
in which prisoner
s perform work, typically manual labour
. The work may be light or hard, depending on the context. Forms of sentence which involve penal labour include penal servitude and imprisonment with hard labour. The term may refer to several related situations: labour as a form of punishment, the prison system used as a means to secure labour, and labour as a form of occupation of convicts. These situations can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts. Large-scale implementations of penal labour include labour camps, prison farm
s, and penal colonies.
. In such cases, the pursuit of income from their productive labour may even overtake the preoccupation with punishment and/or reeducation as such of the prisoners, who are then at risk of being exploited as slave-like cheap labour (profit may be minor after expenses, e.g. on security). On the other hand, in Victorian
prisons, inmates commonly were made to work the treadmill
: in some cases, this was productive labour to grind grain; in others, it served no purpose. Similar punishments included the crank machine (a device where prisoner had to turn a crank
that merely pushed paddles through sand in a drum), and shot drill, carrying cannonballs around for no purpose. Semi-punitive labour also included oakum
-picking: teasing apart old tarry rope to make caulking
material for sailing vessels.
in the 19th century, hard labour became a standard feature of penal servitude as penal transportation
was phased out. Although it was prescribed for severe crimes (e.g. rape, attempted murder, wounding with intent, per the Offences against the Person Act 1861
) it was also widely applied in cases of minor crime such as petty theft
and vagrancy
, as well as victimless behaviour deemed harmful to the fabric of society. Notable recipients of forced labour under British law include Oscar Wilde
(after his conviction for gross indecency
) and John William Gott
(a terminally ill trouser salesman convicted of blasphemy
).
The British penal colonies
in Australia
between 1788 and 1868 provide a major historical example of convict labour, as described above: during that period, Australia received thousands of transported
convict labourers, many of whom had received harsh sentences for minor misdemeanours
in Britain or Ireland
.
The Penal Servitude Act 1853 (16 & 17 Vict. c.99) substituted penal servitude for transportation, except in cases where a person could be sentenced to transportation for life or for a term not less than fourteen years. Section 2 of the Penal Servitude Act 1857 (20 & 21 Vict. c.3) abolished the sentence of transportation in all cases and provided that in all cases a person who would otherwise have been liable to transportation would be liable to penal servitude instead. Sentences of penal servitude were served in convict prisons and were controlled by the Home Office
and the Prison Commissioners. After sentencing, convicts would be classified according to the seriousness of the offence of which they were convicted and their criminal record. First time offenders would be classified in the Star class; persons not suitable for the Star class, but without serious convictions would be classified in the intermediate class; and habitual offenders would be classified in the Recidivist
class. Care was taken to ensure that convicts in one class did not mix with convicts in another.
As late as 1885, 75% of all prison inmates were involved in some sort of productive endeavour, mostly in private contract and leasing systems. By 1935 the portion of prisoners working had fallen to 44%, and almost 90% of those worked in state-run programmes rather than for private contractors.
Section 1 of the Penal Servitude Act 1891 makes provision for enactments which authorise a sentence of penal servitude but do not specify a maximum duration. It must now be read subject to section 1(1) of the Criminal Justice Act 1948.
by section 1(1) of the Criminal Justice Act 1948
. Every enactment conferring power on a court to pass a sentence of penal servitude in any case must be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of that Act.
Imprisonment with hard labour was abolished by section 1(2) of that Act.
by section 1(1) of the Criminal Justice Act (Northern Ireland) 1953. Every enactment which operated to empower a court to pass a sentence of penal servitude in any case now operates so as to empower that court to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of that Act.
Imprisonment with hard labour was abolished by section 1(2) of that Act.
by section 16(1) of the Criminal Justice (Scotland) Act 1949 on 12 June 1950.
Imprisonment with hard labour was abolished by section 16(2) of that Act.
Every enactment conferring power on a court to pass a sentence of penal servitude in any case must be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before 12 June 1950. But this does not empower any court, other than the High Court, to pass a sentence of imprisonment for a term exceeding three years.
See section 221 of the Criminal Procedure (Scotland) Act 1975 and section 307(4) of the Criminal Procedure (Scotland) Act 1995
, laojiao (Re-education through labour) and laogai (Reform through labour) have been used as a way to punish political prisoners. They were intended not only for criminals, but also for those deemed to be counter-revolutionary (political and/or religious prisoners).
parts which are then sold cheaply to private Japanese companies. This practice has raised charges of unfair competition
since the prisoners' wages are far below market rate.
in 1865 explicitly allows penal labour as it states that "neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." However the "convict lease
" system became popular in the South in the late 19th century. Since the impoverished state governments could not afford penitentiaries, they leased out prisoners to work at private firms. Douglas A. Blackmon
argues that it was Southern policy to intimidate blacks; tens of thousands of African Americans were arbitrarily arrested and leased to coal mines, lumber camps, brickyards, railroads, quarries and farm plantations. The state governments maximized profits by putting the responsibility on the lessee to provide food, clothing, shelter, and medical care for the prisoners, which resulted in extremely poor conditions, numerous deaths, and perhaps the most inhumane system of labour in the United States. Reformers abolished convict lease in the Progressive Era
, stopping the system in Florida in 1919. The last state to abolish the practice was Alabama in 1927.
Penal labour is sometimes used as a punishment in the U.S. military
.
by section 11(1) of the Criminal Law Act, 1997.
Every enactment conferring a power on a court to pass a sentence of penal servitude in any case must be treated as an enactment empowering that court to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of the Criminal Law Act 1997.
In the case of any enactment in force on the 5 August 1891 (the date on which section 1 of the Penal Servitude Act 1891 came into force) whereby a court had, immediately before the commencement of the Criminal Law Act 1997, power to pass a sentence of penal servitude, the maximum term of imprisonment may not exceed five years or any greater term authorised by the enactment.
Imprisonment with hard labour was abolished by section 11(3) of that Act.
Another historically significant example of forced labour was that of political prisoner
s and other persecuted people in labour camps
, especially in totalitarian regimes since the 20th century where millions of convicts were exploited and often killed by hard labour and bad living conditions. For much of the history of the Soviet Union
and other Communist state
s, political opponents of these governments were often sentenced to forced labour camps. The Soviet Gulag camps were a continuation of the punitive labour system of Imperial Russia known as katorga
, but on a larger scale.
Between 1930 and 1960, the Soviet regime created many Lager labour camps in Siberia
and Central Asia
. There were at least 476 separate camp complexes, each one comprising hundreds, even thousands of individual camps. It is estimated that there may have been 5-7 million people in these camps at any one time. In later years the camps also held victims of Stalin’s purges
as well as World War II
prisoners. It is possible that approximately 10% of prisoners died each year. Out of the 91,000
Germans captured alive after the Battle of Stalingrad
, only 6,000 survived the Gulag and returned home. Many of these prisoners, however, had died of illness contracted during the siege of Stalingrad and in the forced march into captivity.
Probably the worst of the camp complexes were the three built north of the Arctic circle at Kolyma
, Norilsk
and Vorkuta
. Prisoners in Soviet labour camps were worked to death with a mix of extreme production quota
s, brutality
, hunger
and the harsh elements. In all, more than 18 million people passed through the Gulag
, with further millions being deported and exiled to remote areas of the Soviet Union. The fatality rate was as high as 80% during the first months in many camps. Immediately after the start of the German invasion
of the Soviet Union during World War II
, the NKVD massacred about 100,000 prisoners who awaited deportation either to NKVD prisons in Moscow or to the Gulag. Michael McFaul
, in his New York Times article of 11 June 2003, entitled 'Books of the Times; Camps of Terror, Often Overlooked' http://www.anneappelbaum/com/gulag/mcfaul2003_06_11.html, has this to say about the state of contemporary dialogue on Soviet slavery:
(The article draws attention to Anne Applebaum
's Pulitzer Prize
winning text Gulag: A History
http://www.amazon.com/dp/1400034094)
function: reducing the cruel monotony of prison life for the inmate, keeping inmates busy on productive activities, rather than, for example, potentially violent or antisocial activities, and helping to increase inmate fitness, and thus decrease health problems, rather than letting inmates succumb to a sedentary lifestyle.
The classic occupation in 20th-century British prisons was sewing mailbags. This has diversified into areas such as engineering, furniture making, desktop publishing, repairing wheelchairs and producing traffic signs, but such opportunities are not widely available, and many prisoners who work perform routine prison maintenance tasks (such as in the prison kitchen) or obsolete unskilled assembly work (such as in the prison laundry) that is argued to be no preparation for work after release. Classic 20th-century American prisoner work involved making license plates
; the task is still being performed by inmates in certain areas.
A significant amount of controversy has arisen with regards to the use of prison labour if the prison in question is privatized
, a phenomenon present in a few areas of the United States
, where goods produced through penal labour are regulated through the Ashurst-Sumners Act which criminalizes the interstate transport of such goods.
Present-day prison work programs and work release
programs may or may not be classed as penal labour (depending on whose definition is used—whether the punitive component is present), but one of the reasons why a high imprisonment rate perennially concerns some citizens is that people with socioeconomic power (business owners, lobbying
their politicians) who develop an affinity for the cheapness of prison labor have an inherent conflict of interest
that could easily give them incentive to find pretenses for making sure that plenty of working class people end up arrested and convicted, even if on minor charges. This is because prison labor can be less expensive to their businesses than non-prison labor, and it can also depress wages for non-prison labor by competing economically
against it. For example, in the US, metal fabrication
work that normally commands wages in the USD 12–18 per hour range can sometimes be gotten from prison or work release programs at USD 5–8. The common sociological argument on this topic is a cui bono
argument that perhaps socioeconomically dominant people have financial interests in maintaining a status quo in which there are many ways for the working poor to go astray of the law, and not so many for them to work their way out of poverty honestly. This argument has implications for the War on Drugs
; the fact that a common part of American ghetto culture is taking a risk at lucrative drug trade work and hoping not to get caught, in an environment of poor employment otherwise, looks suspicious from this view. It shares aspects with debt bondage
that was common in the 19th century, as, for example, brothel madams or coal mining companies would find ways to keep their workers [supposedly] in debt to them ("I owe my soul to the company store
"), in order to apply coercive pressure to keep young women from leaving the prostitution business or to keep men from leaving their underpaid coal mine work. Although the people of U.S. business management and U.S. jurisprudence today would never agree that such motives drive their choices, the social-science argument is that society must be vigilant to keep subconscious conflict of interest from undermining attempts to improve socioeconomic conditions among the working poor.
Unfree labour
Unfree labour includes all forms of slavery as well as all other related institutions .-Payment for unfree labour:If payment occurs, it may be in one or more of the following forms:...
in which prisoner
Prisoner
A prisoner is someone incarcerated in a prison, jail or similar facility.Prisoner or The Prisoner may also refer to:* Prisoner of war, a soldier in wartime, held as by an enemy* Political prisoner, someone held in prison for their ideology...
s perform work, typically manual labour
Manual labour
Manual labour , manual or manual work is physical work done by people, most especially in contrast to that done by machines, and also to that done by working animals...
. The work may be light or hard, depending on the context. Forms of sentence which involve penal labour include penal servitude and imprisonment with hard labour. The term may refer to several related situations: labour as a form of punishment, the prison system used as a means to secure labour, and labour as a form of occupation of convicts. These situations can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts. Large-scale implementations of penal labour include labour camps, prison farm
Prison farm
A prison farm is a large correctional facility where penal labor convicts are put to economical use in a 'farm' , usually for manual labour, largely in open air, such as in agriculture, logging, quarrying, etc...
s, and penal colonies.
Punitive prison labour
Punitive labour, also known as convict, prison, or hard labour, is a form of unfree labour used in both past and present as an additional form of punishment beyond imprisonment alone. Punitive labour occupies a spectrum between two types: productive labour, such as industrial work; and intrinsically pointless tasks used as primitive occupational therapy and/or physical torment. Sometimes authorities turn prison labour into an industry, as on a prison farmPrison farm
A prison farm is a large correctional facility where penal labor convicts are put to economical use in a 'farm' , usually for manual labour, largely in open air, such as in agriculture, logging, quarrying, etc...
. In such cases, the pursuit of income from their productive labour may even overtake the preoccupation with punishment and/or reeducation as such of the prisoners, who are then at risk of being exploited as slave-like cheap labour (profit may be minor after expenses, e.g. on security). On the other hand, in Victorian
Victorian era
The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...
prisons, inmates commonly were made to work the treadmill
Treadwheel
A treadwheel is a form of animal engine typically powered by humans. It may resemble a water wheel in appearance, and can be worked either by a human treading paddles set into its circumference , or by a human or animal standing inside it .Uses of treadwheels included raising water, to power...
: in some cases, this was productive labour to grind grain; in others, it served no purpose. Similar punishments included the crank machine (a device where prisoner had to turn a crank
Crank (mechanism)
A crank is an arm attached at right angles to a rotating shaft by which reciprocating motion is imparted to or received from the shaft. It is used to change circular into reciprocating motion, or reciprocating into circular motion. The arm may be a bent portion of the shaft, or a separate arm...
that merely pushed paddles through sand in a drum), and shot drill, carrying cannonballs around for no purpose. Semi-punitive labour also included oakum
Oakum
Oakum is a preparation of tarred fiber used in shipbuilding, for caulking or packing the joints of timbers in wooden vessels and the deck planking of iron and steel ships, as well as cast iron plumbing applications...
-picking: teasing apart old tarry rope to make caulking
Caulking
Caulking is one of several different processes to seal joints or seams in various structures and certain types of piping. The oldest form of caulking is used to make the seams in wooden boats or ships watertight, by driving fibrous materials into the wedge-shaped seams between planks...
material for sailing vessels.
British Empire
In the British EmpireBritish Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
in the 19th century, hard labour became a standard feature of penal servitude as penal transportation
Penal transportation
Transportation or penal transportation is the deporting of convicted criminals to a penal colony. Examples include transportation by France to Devil's Island and by the UK to its colonies in the Americas, from the 1610s through the American Revolution in the 1770s, and then to Australia between...
was phased out. Although it was prescribed for severe crimes (e.g. rape, attempted murder, wounding with intent, per the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
) it was also widely applied in cases of minor crime such as petty theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
and vagrancy
Vagrancy (people)
A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...
, as well as victimless behaviour deemed harmful to the fabric of society. Notable recipients of forced labour under British law include Oscar Wilde
Oscar Wilde
Oscar Fingal O'Flahertie Wills Wilde was an Irish writer and poet. After writing in different forms throughout the 1880s, he became one of London's most popular playwrights in the early 1890s...
(after his conviction for gross indecency
Decency
Decency is the quality or state of conforming to social or moral standards of taste and propriety.-See also:*Taste *Communications Decency Act*Public indecency*Indecent exposure*Sodomy law*Norm *Grotesque body...
) and John William Gott
John William Gott
John William Gott was the last person in Britain to be sent to prison for blasphemy. A trouser salesman from Bradford, he led the Freethought Socialist League.In 1911, Gott was sentenced to four months in jail for publishing attacks on Christianity...
(a terminally ill trouser salesman convicted of blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
).
The British penal colonies
Penal colony
A penal colony is a settlement used to exile prisoners and separate them from the general populace by placing them in a remote location, often an island or distant colonial territory...
in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
between 1788 and 1868 provide a major historical example of convict labour, as described above: during that period, Australia received thousands of transported
Penal transportation
Transportation or penal transportation is the deporting of convicted criminals to a penal colony. Examples include transportation by France to Devil's Island and by the UK to its colonies in the Americas, from the 1610s through the American Revolution in the 1770s, and then to Australia between...
convict labourers, many of whom had received harsh sentences for minor misdemeanours
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
in Britain or Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
.
The Penal Servitude Act 1853 (16 & 17 Vict. c.99) substituted penal servitude for transportation, except in cases where a person could be sentenced to transportation for life or for a term not less than fourteen years. Section 2 of the Penal Servitude Act 1857 (20 & 21 Vict. c.3) abolished the sentence of transportation in all cases and provided that in all cases a person who would otherwise have been liable to transportation would be liable to penal servitude instead. Sentences of penal servitude were served in convict prisons and were controlled by the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
and the Prison Commissioners. After sentencing, convicts would be classified according to the seriousness of the offence of which they were convicted and their criminal record. First time offenders would be classified in the Star class; persons not suitable for the Star class, but without serious convictions would be classified in the intermediate class; and habitual offenders would be classified in the Recidivist
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
class. Care was taken to ensure that convicts in one class did not mix with convicts in another.
As late as 1885, 75% of all prison inmates were involved in some sort of productive endeavour, mostly in private contract and leasing systems. By 1935 the portion of prisoners working had fallen to 44%, and almost 90% of those worked in state-run programmes rather than for private contractors.
Section 1 of the Penal Servitude Act 1891 makes provision for enactments which authorise a sentence of penal servitude but do not specify a maximum duration. It must now be read subject to section 1(1) of the Criminal Justice Act 1948.
England and Wales
Penal servitude was abolished for England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
by section 1(1) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...
. Every enactment conferring power on a court to pass a sentence of penal servitude in any case must be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of that Act.
Imprisonment with hard labour was abolished by section 1(2) of that Act.
Northern Ireland
Penal servitude was abolished for Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
by section 1(1) of the Criminal Justice Act (Northern Ireland) 1953. Every enactment which operated to empower a court to pass a sentence of penal servitude in any case now operates so as to empower that court to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of that Act.
Imprisonment with hard labour was abolished by section 1(2) of that Act.
Scotland
Penal Servitude was abolished for ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
by section 16(1) of the Criminal Justice (Scotland) Act 1949 on 12 June 1950.
Imprisonment with hard labour was abolished by section 16(2) of that Act.
Every enactment conferring power on a court to pass a sentence of penal servitude in any case must be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before 12 June 1950. But this does not empower any court, other than the High Court, to pass a sentence of imprisonment for a term exceeding three years.
See section 221 of the Criminal Procedure (Scotland) Act 1975 and section 307(4) of the Criminal Procedure (Scotland) Act 1995
China
In the People's Republic of ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, laojiao (Re-education through labour) and laogai (Reform through labour) have been used as a way to punish political prisoners. They were intended not only for criminals, but also for those deemed to be counter-revolutionary (political and/or religious prisoners).
Japan
Most Japanese prisoners are required to engage in prison labour, often in manufacturingManufacturing
Manufacturing is the use of machines, tools and labor to produce goods for use or sale. The term may refer to a range of human activity, from handicraft to high tech, but is most commonly applied to industrial production, in which raw materials are transformed into finished goods on a large scale...
parts which are then sold cheaply to private Japanese companies. This practice has raised charges of unfair competition
Unfair competition
Unfair competition in a sense means that the competitors compete on unequal terms, because favourable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to...
since the prisoners' wages are far below market rate.
United States
The 13th Amendment of the American ConstitutionThirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
in 1865 explicitly allows penal labour as it states that "neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." However the "convict lease
Convict lease
Convict leasing was a system of penal labor practiced in the Southern United States, beginning with the emancipation of slaves at the end of the American Civil War in 1865, peaking around 1880, and ending in the last state, Alabama, in 1928....
" system became popular in the South in the late 19th century. Since the impoverished state governments could not afford penitentiaries, they leased out prisoners to work at private firms. Douglas A. Blackmon
Douglas A. Blackmon
Douglas A. Blackmon is an American writer and a Pulitzer Prize winner. He won the Pulitzer Prize for General Non-Fiction for Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II....
argues that it was Southern policy to intimidate blacks; tens of thousands of African Americans were arbitrarily arrested and leased to coal mines, lumber camps, brickyards, railroads, quarries and farm plantations. The state governments maximized profits by putting the responsibility on the lessee to provide food, clothing, shelter, and medical care for the prisoners, which resulted in extremely poor conditions, numerous deaths, and perhaps the most inhumane system of labour in the United States. Reformers abolished convict lease in the Progressive Era
Progressive Era
The Progressive Era in the United States was a period of social activism and political reform that flourished from the 1890s to the 1920s. One main goal of the Progressive movement was purification of government, as Progressives tried to eliminate corruption by exposing and undercutting political...
, stopping the system in Florida in 1919. The last state to abolish the practice was Alabama in 1927.
Penal labour is sometimes used as a punishment in the U.S. military
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
.
Republic of Ireland
Penal servitude was abolished for the Republic of IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
by section 11(1) of the Criminal Law Act, 1997.
Every enactment conferring a power on a court to pass a sentence of penal servitude in any case must be treated as an enactment empowering that court to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of the Criminal Law Act 1997.
In the case of any enactment in force on the 5 August 1891 (the date on which section 1 of the Penal Servitude Act 1891 came into force) whereby a court had, immediately before the commencement of the Criminal Law Act 1997, power to pass a sentence of penal servitude, the maximum term of imprisonment may not exceed five years or any greater term authorised by the enactment.
Imprisonment with hard labour was abolished by section 11(3) of that Act.
Soviet Union
Another historically significant example of forced labour was that of political prisoner
Political prisoner
According to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
s and other persecuted people in labour camps
Labor camp
A labor camp is a simplified detention facility where inmates are forced to engage in penal labor. Labor camps have many common aspects with slavery and with prisons...
, especially in totalitarian regimes since the 20th century where millions of convicts were exploited and often killed by hard labour and bad living conditions. For much of the history of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and other Communist state
Communist state
A communist state is a state with a form of government characterized by single-party rule or dominant-party rule of a communist party and a professed allegiance to a Leninist or Marxist-Leninist communist ideology as the guiding principle of the state...
s, political opponents of these governments were often sentenced to forced labour camps. The Soviet Gulag camps were a continuation of the punitive labour system of Imperial Russia known as katorga
Katorga
Katorga was a system of penal servitude of the prison farm type in Tsarist Russia...
, but on a larger scale.
Between 1930 and 1960, the Soviet regime created many Lager labour camps in Siberia
Siberia
Siberia is an extensive region constituting almost all of Northern Asia. Comprising the central and eastern portion of the Russian Federation, it was part of the Soviet Union from its beginning, as its predecessor states, the Tsardom of Russia and the Russian Empire, conquered it during the 16th...
and Central Asia
Central Asia
Central Asia is a core region of the Asian continent from the Caspian Sea in the west, China in the east, Afghanistan in the south, and Russia in the north...
. There were at least 476 separate camp complexes, each one comprising hundreds, even thousands of individual camps. It is estimated that there may have been 5-7 million people in these camps at any one time. In later years the camps also held victims of Stalin’s purges
Great Purge
The Great Purge was a series of campaigns of political repression and persecution in the Soviet Union orchestrated by Joseph Stalin from 1936 to 1938...
as well as World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
prisoners. It is possible that approximately 10% of prisoners died each year. Out of the 91,000
Germans captured alive after the Battle of Stalingrad
Battle of Stalingrad
The Battle of Stalingrad was a major battle of World War II in which Nazi Germany and its allies fought the Soviet Union for control of the city of Stalingrad in southwestern Russia. The battle took place between 23 August 1942 and 2 February 1943...
, only 6,000 survived the Gulag and returned home. Many of these prisoners, however, had died of illness contracted during the siege of Stalingrad and in the forced march into captivity.
Probably the worst of the camp complexes were the three built north of the Arctic circle at Kolyma
Kolyma
The Kolyma region is located in the far north-eastern area of Russia in what is commonly known as Siberia but is actually part of the Russian Far East. It is bounded by the East Siberian Sea and the Arctic Ocean in the north and the Sea of Okhotsk to the south...
, Norilsk
Norilsk
Norilsk is an industrial city in Krasnoyarsk Krai, Russia, located between the Yenisei River and the Taymyr Peninsula. Population: It was granted city status in 1953. It is the northernmost city in Siberia and the world's second largest city north of the Arctic Circle...
and Vorkuta
Vorkuta
Vorkuta is a coal-mining town in the Komi Republic, Russia, situated just north of the Arctic Circle in the Pechora coal basin at the Usa River. Population: - Labor camp origins :...
. Prisoners in Soviet labour camps were worked to death with a mix of extreme production quota
Production quota
A production quota is a goal for the production of a good. It is typically set by a government or an organization, and can be applied to an individual worker, firm, industry or country. Quotas can be set high to encourage production, or can be used to limit production to control the supply of goods...
s, brutality
Brutality
Brutality or brutal may refer to:* Brutality , an American death metal band* Brutality , a 1912 film* Brutality , a finishing move in the video game Mortal Kombat* Brutalist architecture, an architectural style...
, hunger
Hunger
Hunger is the most commonly used term to describe the social condition of people who frequently experience the physical sensation of desiring food.-Malnutrition, famine, starvation:...
and the harsh elements. In all, more than 18 million people passed through the Gulag
Gulag
The Gulag was the government agency that administered the main Soviet forced labor camp systems. While the camps housed a wide range of convicts, from petty criminals to political prisoners, large numbers were convicted by simplified procedures, such as NKVD troikas and other instruments of...
, with further millions being deported and exiled to remote areas of the Soviet Union. The fatality rate was as high as 80% during the first months in many camps. Immediately after the start of the German invasion
Operation Barbarossa
Operation Barbarossa was the code name for Germany's invasion of the Soviet Union during World War II that began on 22 June 1941. Over 4.5 million troops of the Axis powers invaded the USSR along a front., the largest invasion in the history of warfare...
of the Soviet Union during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the NKVD massacred about 100,000 prisoners who awaited deportation either to NKVD prisons in Moscow or to the Gulag. Michael McFaul
Michael McFaul
Michael Anthony McFaul is a Stanford University professor and the nominee for United States Ambassador to Russia. Prior to his nomination to the ambassadorial position, McFaul worked for the U.S. National Security Council as Special Assistant to the President and Senior Director of Russian and...
, in his New York Times article of 11 June 2003, entitled 'Books of the Times; Camps of Terror, Often Overlooked' http://www.anneappelbaum/com/gulag/mcfaul2003_06_11.html, has this to say about the state of contemporary dialogue on Soviet slavery:
It should now be known to all serious scholars that the camps began under Lenin and not Stalin. It should be recognized by all that people were sent to the camps not because of what they did, but because of who they were. Some may be surprised to learn about the economic function that the camps were designed to perform. Under Stalin, the camps were simply a crueler but equally inefficient way to exploit labor in the cause of building socialism than the one practiced outside the camps in the Soviet Union. Yet, even this economic role of the camps has been exposed before.
What is remarkable is that the facts about this monstrous system so well documented in Applebaum's book are still so poorly known and even, by some, contested. For decades, academic historians have gravitated away from event-focused history and toward social history. Yet, the social history of the gulag somehow has escaped notice. Compared with the volumes and volumes written about the Holocaust, the literature on the gulag is thin.
(The article draws attention to Anne Applebaum
Anne Applebaum
Anne Elizabeth Applebaum is a journalist and Pulitzer Prize-winning author who has written extensively about communism and the development of civil society in Central and Eastern Europe. She has been an editor at The Economist, and a member of the editorial board of The Washington Post...
's Pulitzer Prize
Pulitzer Prize
The Pulitzer Prize is a U.S. award for achievements in newspaper and online journalism, literature and musical composition. It was established by American publisher Joseph Pulitzer and is administered by Columbia University in New York City...
winning text Gulag: A History
Gulag: A History
Gulag: A History, also published as Gulag: A History of the Soviet Camps, is a non-fiction book covering the history of the Soviet Gulag system. It was written by American author Anne Applebaum and published in 2003 by Doubleday. Gulag won the 2004 Pulitzer Prize for General Non-Fiction and the...
http://www.amazon.com/dp/1400034094)
Non-punitive prison labour
In a number of penal systems, the inmates have the possibility of a job. This may serve several purposes. One goal is to give an inmate a meaningful way to occupy their prison time and a possibility of earning some money. It may also play an important role in resocialisation: inmates may acquire skills that would help them to find a job after release. It may also have an important penologicalPenology
Penology is a section of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offenses.The Oxford English Dictionary defines...
function: reducing the cruel monotony of prison life for the inmate, keeping inmates busy on productive activities, rather than, for example, potentially violent or antisocial activities, and helping to increase inmate fitness, and thus decrease health problems, rather than letting inmates succumb to a sedentary lifestyle.
The classic occupation in 20th-century British prisons was sewing mailbags. This has diversified into areas such as engineering, furniture making, desktop publishing, repairing wheelchairs and producing traffic signs, but such opportunities are not widely available, and many prisoners who work perform routine prison maintenance tasks (such as in the prison kitchen) or obsolete unskilled assembly work (such as in the prison laundry) that is argued to be no preparation for work after release. Classic 20th-century American prisoner work involved making license plates
Vehicle registration plate
A vehicle registration plate is a metal or plastic plate attached to a motor vehicle or trailer for official identification purposes. The registration identifier is a numeric or alphanumeric code that uniquely identifies the vehicle within the issuing region's database...
; the task is still being performed by inmates in certain areas.
A significant amount of controversy has arisen with regards to the use of prison labour if the prison in question is privatized
Privatization
Privatization is the incidence or process of transferring ownership of a business, enterprise, agency or public service from the public sector to the private sector or to private non-profit organizations...
, a phenomenon present in a few areas of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, where goods produced through penal labour are regulated through the Ashurst-Sumners Act which criminalizes the interstate transport of such goods.
Present-day prison work programs and work release
Work release
In prison systems, work release programs allow a prisoner who is sufficiently trusted or can be sufficiently monitored to leave confinement to continue working at his or her current place of employment, returning to prison when his/her shift is complete...
programs may or may not be classed as penal labour (depending on whose definition is used—whether the punitive component is present), but one of the reasons why a high imprisonment rate perennially concerns some citizens is that people with socioeconomic power (business owners, lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
their politicians) who develop an affinity for the cheapness of prison labor have an inherent conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
that could easily give them incentive to find pretenses for making sure that plenty of working class people end up arrested and convicted, even if on minor charges. This is because prison labor can be less expensive to their businesses than non-prison labor, and it can also depress wages for non-prison labor by competing economically
Competition (economics)
Competition in economics is a term that encompasses the notion of individuals and firms striving for a greater share of a market to sell or buy goods and services...
against it. For example, in the US, metal fabrication
Fabrication (metal)
Fabrication as an industrial term refers to building metal structures by cutting, bending, and assembling. The cutting part of fabrication is via sawing, shearing, or chiseling ; torching with handheld torches ; and via CNC cutters...
work that normally commands wages in the USD 12–18 per hour range can sometimes be gotten from prison or work release programs at USD 5–8. The common sociological argument on this topic is a cui bono
Cui bono
Cui bono , also rendered as Cui prodest, is a Latin adage that is used either to suggest a hidden motive or to indicate that the party responsible for something may not be who it appears at first to be.Commonly the phrase is used to suggest that the person or people guilty of committing a...
argument that perhaps socioeconomically dominant people have financial interests in maintaining a status quo in which there are many ways for the working poor to go astray of the law, and not so many for them to work their way out of poverty honestly. This argument has implications for the War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
; the fact that a common part of American ghetto culture is taking a risk at lucrative drug trade work and hoping not to get caught, in an environment of poor employment otherwise, looks suspicious from this view. It shares aspects with debt bondage
Debt bondage
Debt bondage is when a person pledges him or herself against a loan. In debt bondage, the services required to repay the debt may be undefined, and the services' duration may be undefined...
that was common in the 19th century, as, for example, brothel madams or coal mining companies would find ways to keep their workers [supposedly] in debt to them ("I owe my soul to the company store
Sixteen Tons
"Sixteen Tons" is a song about the life of a coal miner, first recorded in 1946 by American country singer Merle Travis and released on his box set album Folk Songs of the Hills the following year...
"), in order to apply coercive pressure to keep young women from leaving the prostitution business or to keep men from leaving their underpaid coal mine work. Although the people of U.S. business management and U.S. jurisprudence today would never agree that such motives drive their choices, the social-science argument is that society must be vigilant to keep subconscious conflict of interest from undermining attempts to improve socioeconomic conditions among the working poor.
See also
- Penal Servitude ActPenal Servitude ActPenal Servitude Act is a stock short title which was used in the United Kingdom for legislation relating to penal servitude. The abolition of penal servitude has rendered this short title obsolete in that country.-List:...
- Galley slaveGalley slaveA galley slave was a slave rowing in a galley. The expression has two distinct meanings: it can refer either to a convicted criminal sentenced to work at the oar , or to a kind of human chattel, often a prisoner of war, assigned to his duty of rowing.-Antiquity:Contrary to the popular image of the...
- Convict leaseConvict leaseConvict leasing was a system of penal labor practiced in the Southern United States, beginning with the emancipation of slaves at the end of the American Civil War in 1865, peaking around 1880, and ending in the last state, Alabama, in 1928....
- Work releaseWork releaseIn prison systems, work release programs allow a prisoner who is sufficiently trusted or can be sufficiently monitored to leave confinement to continue working at his or her current place of employment, returning to prison when his/her shift is complete...
- Chain gangChain gangA chain gang is a group of prisoners chained together to perform menial or physically challenging work, such as mining or timber collecting, as a form of punishment. Such punishment might include building roads, digging ditches or chipping stone...
- Trusty systemTrusty systemThe "trusty system" was a strict system of discipline and security in the US made compulsory under Mississippi state law as the method of controlling and working inmates at Mississippi State Penitentiary at Parchman, Mississippi's...
- Xi'ning PrisonXi'ning PrisonXi'ning Prison is a prison in Qinghai province. It is assigned one of the 12 largest Laogai mines in Northwestern China. It is connected to a prison firm, Qinghaihu Hand Tools Limited Liability Company.-References:...
, ChinaChinaChinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture... - Camp 22, North KoreaNorth KoreaThe Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
- Ashurst-Sumners Act
- Coproduction of public services by service users and communitiesCoproduction of public services by service users and communitiesThe Coproduction of public services is the production of public services through the equal and reciprocal contribution of service users, communities and professionals, making use of their pooled resources, expertise and willingness to improve service processes and outcomes...
- UNICOR
Further reading
- Douglas A. Blackmon. Slavery by Another Name: The Re-Enslavement of Black People in America from the Civil War to World War II (2008)
- Matthew J. Mancini. One Dies, Get Another: Convict Leasing in the American South, 1866-1928 (1996)
- Alex Lichtenstein. Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South (1996)
- David M. Oshinsky. "Worse than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice (1996).