Prison Labor and The World:
A Hidden Problem Allowed to Exist
Jackie Phillips
Criminology, Post University
CRJ322 – Human Trafficking, A Hidden Crime
Unit 7 Assignment: Research Project
Professor Robert Eddy
Due: 11:59 pm EST, Sunday of Unit 7
Overview: This paper will provide an overview of a specific type of human trafficking nationally and internationally. This paper has been broken down into five different assignments throughout the Term, including:
Unit 2 Assignment: Research Paper Topic
Involuntary Servitude and Prison Labor
Definition of your chosen topic.
“The Thirteenth Amendment to the US Constitution makes involuntary servitude illegal under any U.S. jurisdiction whether at the hands of the government or in the private sphere, except as punishment for crime: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” (No author given, 2024)
This will cover both prison populations who perform labor and for forced domestic servitude outside of prison.
What areas of the world in which this problem is prevalent.
Prison labor is a global issue that involves forced labor in prisons, detention centers, and
other facilities around the world:
Countries with prison labor: Many countries have prison labor, including the United
States, China, North Korea, Poland, Russia, Turkmenistan, Vietnam, and Zimbabwe.
Types of prison labor: Prison labor can include maintenance, industrial work, and
external work.
How does this issue affect the local population?
“The 13th Amendment to the U.S. Constitution made federal law a decree that had existed, in similar terms, in Article I of the California Constitution for nearly two decades: “Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.” Embedded in the very inception of the state of California was the notion that incarcerated people, apparently undeserving of the same rights granted to others, should not be protected against forced labor.” (No author given, 2024)
Unit 3 Assignment: Research Paper Introduction
Introduce and define your topic.
My topic is about the worldwide practice of prison labor, also called penal labor, penal servitude, punitive labor and convict labor which forces prisoners to work in a wide variety of situations, and often or little to no pay or compensation or credit.
“From the moment they enter the prison gates, incarcerated people lose the right to refuse to work. This is because the 13th Amendment to the U.S. Constitution, which protects against slavery and involuntary servitude, explicitly excludes from its reach those held in confinement due to a criminal conviction.” (No author given, 2022)
Explain why this area of human trafficking is significant.
The primary reason that prison labor is a huge problem is because this type of labor can fall beneath and outside the legal regulations of protected worker safety.
“Punitive labour encompasses two types: productive labour, such as industrial work; and intrinsically pointless tasks used as primitive occupational therapy, punishment, or physical torment.” (No author given, 2024)
Limited protections
Incarcerated workers are often denied the same protections as other workers, such as those provided by OSHA and state agencies.
Dangerous conditions
Incarcerated workers may work in dangerous conditions that would be regulated by health and safety laws if they were not incarcerated.
Exploitation
Incarcerated workers are often paid pennies per hour, and over half of their pay goes toward room and board, court costs, and other prison fees.
Lack of rights
Incarcerated workers are often not legally considered employees and are denied the right to unionize or protest.
Identify the areas/populations this type of trafficking traditionally effects.
“Reports indicate that state-imposed forced labour occurs in public and private prisons around the world, including Brazil, China, North Korea, Poland, Russia, Turkmenistan, the United States, Viet Nam, and Zimbabwe. It also occurs in migrant detention centres in Libya, re-education camps in China, administrative detention camps in North Korea, and in medical labour centres in Belarus and Viet Nam, in which citizens struggling with drug addiction are forced to work as part of their recovery.” (No author given, 2024)
Include any additional information which you feel is required to help your audience to better understand your paper.
Is penal labor, sometimes called captive labor, ethical?
“Incarcerated men and women toil in workshops, kitchens, and fields, producing goods and services that reach far beyond their confinement. From manufacturing furniture and processing food to fighting fires and working in call centers, their labor fuels supply chains, corporate profits, and consumer markets. Yet these workers remain invisible, their contributions often overlooked or dismissed. The commodification of their labor perpetuates a cycle of vulnerability, where meager wages and limited rights prevail.” (Shewan, L., 2024)
Unit 4 Assignment: Push and Pull Factors
Push and pull factors are a way to describe the reasons people leave their homes and the reasons they choose to arrive somewhere new. In the context of prison labor, some factors that contribute to the exploitation of incarcerated workers include:
Push factors
These are factors that may compel people to enter situations with a high risk of exploitation, such as poverty, abuse, or political instability.
Pull factors
These are factors that create a market for the exploitation of people, such as the demand for slave labor.
“Today, more than 76 percent of incarcerated workers surveyed by the Bureau of Justice Statistics say that they are required to work or face additional punishment such as solitary confinement, denial of opportunities to reduce their sentence, and loss of family visitation. They have no right to choose what type of work they do and are subject to arbitrary, discriminatory, and punitive decisions by the prison administrators who select their work assignments.” (No author given, 2022)
What can be done to reduce these factors?
The primary issue with prison labor is to increase the safety and security of the workers while they are performing their jobs. I don’t agree that they should receive minimum wage while performing these jobs due to the cost of taking care of them while in prison. However, as human beings they should be in situations that are safe.
“Jobs for those incarcerated currently fall into four categories:
- facility operation and maintenance (e.g., general janitorial duties, cooking, laundry, grounds maintenance, and repair)
- state-owned correctional industries producing goods and services that are sold to other government agencies
- public works that operate mostly off prison grounds (e.g., grounds crews and firefighters)
- private companies” (Galley, A., 2022)
Here are some ways to reduce prison labor:
Reform prison labor by improving working conditions, increasing pay, and eliminating forced and unpaid work.
“Incarcerated workers are also excluded from key federal labor protections, such as the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and protections provided by the Occupational Safety and Health Administration (OSHA). This exclusion exposes them to hazardous working conditions without minimum wage protections, workplace safety standards, or collective bargaining rights. For instance, during the COVID-19 pandemic, incarcerated workers in California produced over 1.4 million masks and sanitizers. Despite the significance of their work, they were paid only a few cents per hour and denied access to the very protective equipment they produced.” (No author given, 2024)
“Call out companies that use prison labor
McDonalds
Wendy’s
Walmart
Starbucks
Sprint
Verizon
Victoria’s Secret
Fidelty Investments
JC Penny and KMart
American Airlines and Avis Car Rental” (Shabazz, R., 2024)
Unit 6 Assignment: Combating Human Trafficking
Describe if your topic is being investigated and prosecuted.
The American Civil Liberties Union group is working hard to go after both state and the federal government that still currently allow forced prison labor in the United States. California had a recent bill voted on in the November elections that would have upgraded prison labor to higher standards, but unfortunately the bill did not pass.
“We must push both state and federal lawmakers and prison authorities to eliminate laws and policies that punish incarcerated workers who are unable or unwilling to work. This will ensure that prison work is voluntary, and that people who refuse are not held in solitary or denied other benefits because they don’t want to — or can’t — work on behalf of the state.” (No author given, 2022)
Define which levels of government are involved in the investigation and prosecution of this crime: local, state, federal, and/or international.
From my research it does not appear that governments are doing much to stop prison labor, and the United States lead in the number of prisoners who are forced to work as part of their prison time.
“The US has both the resources and longstanding political will to lead the fight against modern slavery, receiving the fifth highest government response score globally. However, these positive actions are belied by laws that allow state-imposed forced labour to occur. Under the 13th Amendment to the US Constitution: Abolition of Slavery (1865), a sentence of involuntary servitude can still be handed down for an offence. Prisoners are summarily excluded from the scope of labour law protections — including those that prohibit forced labour — given that compulsory prison labour is considered a legal punishment rather than an economic activity. While international law permits compulsory prison labour under certain conditions, it cannot be used for the benefit of private parties, unless additional requirements are met. Detainees in US private prisons, including pre-trial detainees, allege that they have been forced to work without pay under the threat of punishment.” (No author given, 2023)
What is being done to prevent this type of human trafficking from occurring presently or in the future?
The Incarcerated Workers Organizing Committee (IWOC) is one of the movements working to stop this practice of prison labor, and they are working from within the prisons. This movement goes all the way back to 1905 when the Industrialized Workers of the World was founded.
“The Incarcerated Workers Organizing Committee (IWOC) is a prison-led section of the Industrial Workers of the World. Its purpose is 'a union for the incarcerated,' with the goal of abolishing prison slavery, as well as fighting to end the exploitation of working-class people around the world.” (No author given, 2024)
Do you think local and/or state law enforcement offices are providing enough resources to successfully combat this issue?
Each state appears to have their own try at legislation to ban or control or modify the practice. Most recently here in California, there was a vote to change prison labor, but unfortunately, the bill did not pass.
“Five years ago this month, Colorado became the first state in modern U.S. history to enact this constitutional change. (Rhode Island banned slavery without exception in 1842.) Since then, there has been a growing movement across the U.S. to get rid of what's become known as the "exception clause." Nebraska, Utah, Alabama, Oregon, Tennessee and Vermont have all changed their constitutions in the past three years. At least nine more have introduced legislation, including Nevada, where residents will vote on this issue in 2024.” (Anderson, M., 2023)
Do you think law enforcement can do more, locally, statewide, nationally and internationally to combat this issue?
It appears in my research that it looks like it will be up to the individual states to make their change because that appears to be the more effective approach than waiting for the federal government to change the 13th Amendment, which allows prison labor.
Several states are actively trying to stop prison labor by amending their state constitutions to remove the "exception clause" that allows for involuntary servitude as punishment for a crime, essentially banning forced prison labor by eliminating the legal loophole that permits it; states like Colorado, Nebraska, Utah, Alabama, Oregon, Tennessee, and Vermont have already taken this step through ballot measures and legislative changes.
Freedom Network USA is another national group who is working to get the 13th Amendment changed to abolish prison labor.
“FNUSA has joined a growing movement to remove the punishment clause from the 13th Amendment. The punishment clause has been historically and disproportionately applied to marginalized communities. Comprehensive criminal justice reform is critical, including addressing over-policing, harsh sentencing practices, and mass incarceration. Eliminating the clause begins to confront the exploitative nature of prison labor and is a step towards recognizing the dignity and humanity of all individuals – including those who are incarcerated.” (No author given, 2024)
References
Galley, A., 2022, Urban Institute, Five Ways to Improve Jobs Incarcerated in US Prisons, https://www.urban.org/urban-wire/five-ways-improve-jobs-people-incarcerated-us-prisons
No author given, 2024, Abolish Bondage Collectively, History of Involuntary Servitude in California, https://prisonerswithchildren.org/abc/history-of-involuntary-servitude-in-california/
No author given, 2022, American Civil Liberties Union, Captive Labor: Exploitation of Incarcerated Worker, https://www.aclu.org/news/human-rights/captive-labor-exploitation-of-incarcerated-workers
No author given, 2024, Wikipedia, Penal Labour, https://en.wikipedia.org/wiki/Penal_labour
No author given, 2024, WalkFree, Guardians and Offenders: State Imposed Forced Labor, https://www.walkfree.org/global-slavery-index/findings/spotlights/examining-state-imposed-forced-labour/#:~:text=State%2Dimposed%20forced%20labour%20can,all%20state%2Dimposed%20forced%20labour.
No author given, 2022, ACLU, Captive Labor: Exploitation of Incarcerated Workers, https://www.aclu.org/news/human-rights/captive-labor-exploitation-of-incarcerated-workers
No author given, 2024, Scholars Strategy Network, Proposition 6: Banning Forced Labor in California State Prisons, https://scholars.org/contribution/proposition-6-banning-forced-labor-california#:~:text=autonomy%20and%20dignity.-,Proposition%206,easing%20financial%20burdens%20on%20families
Shabazz, R., 2024, Malta Justice Initiative, 12 Major Corporations Benefiting from the Prison Industrial Complex, https://maltajusticeinitiative.org/12-major-corporations-benefiting-from-the-prison-industrial-complex-2/
Shewan, L., 2024, The Center for Law and Social Policy, The Unethical Use of Captive Labor in U.S. Prisons, https://www.clasp.org/publications/report/brief/unethical-use-captive-labor-prisons
No author given, 2024, Wikipedia, Incarcerated Workers Organizing Committe, https://en.wikipedia.org/wiki/Incarcerated_Workers_Organizing_Committee#:~:text=The%20Incarcerated%20Workers%20Organizing%20Committee,class%20people%20around%20the%20world
No author given, 2022, American Civil Liberties Union, Captive Labor: Exploitation of Incarcerated Workers, https://www.aclu.org/news/human-rights/captive-labor-exploitation-of-incarcerated-workers
No author given, 2023, Walkfree, Guardians and Offenders: Examining State Imposed Forced Labor, https://www.walkfree.org/global-slavery-index/findings/spotlights/examining-state-imposed-forced-labour/
Anderson, M., 2023, National Public Radio, Colorado Banned Prison Labor Five Years Ago. Prisoners Say it Still Happens, https://www.npr.org/2023/11/13/1210564359/slavery-prison-forced-labor-movement
No author given, 2024, Freedom Network USA, Forced Labor in Prisons, https://freedomnetworkusa.org/2023/08/11/forced-labor-in-prisons/
