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Thursday, October 07, 2010

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Tobanem

Good afternoon

Have you heard of CAP? It's the latest "mandatory" Workfare scheme which is being compared to community sentences handed out to criminals - only much harsher.

The mandatory CAP, or Community Action Programme, is being tested in selected areas of England at present, with its national unleashing due in 2013. It is intended to conscript those people who remain unemployed after spending 2 years on the controversial Work Programme - and that sounds like an early admission of the failure of the latter to deliver its intended employment targets!

CAP is longer in duration than the average community sentence handed out (by the courts) to convicted criminals, being for six months at 30 hours per week, which gives a total sentence of 780 hours!

You might also find the International Labour Organisation and its definition of forced or compulsory labour interesting reading - whether applied to unemployed people or indeed to convicted criminals. ILO Convention 29, article 2, defines forced or compulsory labour as follows:

"ALL WORK OR SERVICE WHICH IS EXACTED FROM ANY PERSON UNDER THE MENACE OF ANY PENALTY AND FOR WHICH THE SAID PERSON HAS NOT OFFERED HIMSELF VOLUNTARILY".

But, look at this, according to ILO Convention 29, Article 2, (2), (c), even convicted criminals should only be doing forced or compulsory labour "provided that the said work or service is carried out under the supervision of a PUBLIC authority and that the said person [criminal] is not hired to or placed at the disposal of PRIVATE individuals, companies or associations".

Are the ILO guidelines adhered to with convicted criminals these days?

Even more interesting is the recent UK legislation dealing with forced or compulsory labour. Section 71 of the Coroners and Justice Act 2009, and Section 47 of the Criminal Justice and Licensing (Scotland) Act 2010, both outlaw forced or compulsory labour. The wording of these two Acts is the same; the reason for there being two Acts is because English Law is separate from Scots Law.

Under that new legislation, it appears if "Person A" requires another person to perform forced or compulsory labour, then a (criminal) offence is committed - and if various mandatory Workfare schemes are not forced or compulsory labour under the menace of a penalty, what in fact are they?

There also appears to be a reluctance in the Press to air this subject - I've had several letters about it rejected! Even some "prisoners" organisations are rather taciturn!

Your own response to my comments would be welcome back here.

Thank you for your attention.

Tobanem

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