Beyond profit: A model framework for ethical and feasible private prison labour

Abstract

In response to increased interest from states and companies as well as momentum on the issue of private prison labour in the past few decades, this article offers a comprehensive model framework aimed at reconciling profit-driven objectives with prisoner rehabilitation. The article addresses the debate surrounding prison labour for private for-profit entities and proposes a model that attempts to remedy some of the issues and criticisms that arise from the practice. Drawing on the Forced Labour Convention, 1930 (No. 29) of the International Labour Organisation, the framework integrates certain provisions from the standard, emphasising public supervision, consent and labour guarantees. Equally, it tries to address concerns of unfair competition and job displacement while promoting ‘meaningful' work and encouraging post-release employment of prisoners. Recognising the need for some practical feasibility and in a bid to shift the incentives for private entities to employ prisoners, from ‘cheap’ labour to fairer work practices, the model argues that other benefits such as tax breaks or subsidies may help align private and rehabilitative goals. As governments have turned to the private sector to increase work opportunities for prisoners, this paper argues that a more equitable and rehabilitative approach should follow, representative of societal values.