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 Joe Black - Are Prisoners Slaves?


[This article first appeared in the Independent Monitor Issue 91 May 2007 and the title was provided by the AMIMB editors]

This year sees the 200th anniversary of the abolition of slavery with a collective bout of mutual backslapping. However there are voices off reminding the celebrants that there are still millions of men, women and children around the world today forced to lead lives as slaves: the sex-trafficked women and children who are bought and sold like objects; the ‘sans-papiers’ fleeing persecution from around the world end up in this country and, having been denied asylum, working in shitty jobs for a pittance, constantly in fear of arrest and deportation.

THE NEW SLAVE CLASS?

Another group of people that are increasingly being treated as modern day slaves are prisoners. Under international treaties, such as those on Human Rights and, for example, the 1930 Forced Labour Convention, there are exemptions that specifically allow for the enslavement of individuals within any state’s prison systems, where they often provide cheap (if not free) labour for corporations - all legal by the laws of almost all states.

In the US prisoners has long been a source of free labour, everyone recognises the image of the chain gang, but prisoners and the institutions that house them are also big business. Many large American corporations have grown increasingly fat on the cheap labour provided by the sprawling US prison-industrial-complex.

PRISON PRIVATISATION

In de-industrialised post-Thatcher Britain, ‘New Labour’ have sought to follow the American model. They have introduced the Private-Finance Initiative prison-building programme and pursued a wholesale liquidisation of Prison Service assets, handing large sectors over to private companies, many of them American (such as Aramark now running large sections of the prison canteen system). The ever-increasing British prison population has not escaped their attentions either and is now seen as a bountiful source of cheap captive labour that can help maintain British competitiveness against countries like China.

The source of a key component of this was prison rebellions and riots of the late 70’s and 80’s, which necessitated a radical reorganisation of the prison control and discipline system. This resulted in the introduction in 1995 of the Incentives and Earned Privileges (IEP) Scheme., which has proved an essential tool in the putative industialisation of British prison labour.

THE INCENTIVES AND EARNED PRIVILEGES (IEP) SCHEME

The objectives of the IEP scheme are “to encourage hard work and other constructive activity” [all quotes from the relevant documents] by introducing a system of privileges that are “earned by prisoners through good behaviour and performance and are removed if they fail to maintain acceptable standards”. At the core of this scheme is the concept of paying prisoners "to encourage and reward their constructive participation in the regime of the establishment". Rates of pay vary depending on resources, the amount and type of work available at each prison, and the level reached on the IEP scheme. At present the minimum ‘wage’ in EPS prisons is set at £4 per week and if you are willing to work but are unemployed because no work is available, the basic rate is £2.50 per week. Most of the work available itself, by the regime's own admission, "provides little training, qualifications or resettlement activities for prisoners."

The scheme operates on three tiers: basic, standard and enhanced;* and which tier the prisoner is placed on depends on how well she or he tows the line – “If the prisoner’s behaviour or lack of progress demonstrates that he or she cannot sustain his/her current privilege level, he or she may be downgraded to the level below (as an administrative measure, not as a punishment imposed at adjudication).”

 



 

Among the things that are linked to the IEP scheme are a set of Key Earnable Privileges:
● extra and improved visits
● eligibility to earn higher rates of pay
● access to in-cell television
● opportunity to wear own clothes
● access to private cash
● time out of cell for association
● the right to buy items from the prison shop;
all earnable rewards for active participation in everything from sentence planning and Offending Behaviour Programmes to prison work and education. Even the right to possess tobacco and to smoke is now an earned privilege under Rule 8. And these privileges can also be taken away for the breaking of any of the myriad of prison rules listed in the Prison Discipline Manual.

THE PRISON RULES 1999

With the introduction of the IEP scheme in 1995, the existing regulatory framework of the Prison Rules (established under the Prison Act 1952) had to be revised to integrate this new system of rewards and punishment into it. Amongst the many Offences Against Discipline that a prisoner can now commit, is if s/he “…intentionally fails to work properly or, being required to work, refuses to do so.” These offences against discipline carry the threat of a number of Governor’s Punishments., which can include:
● loss of privileges under Rule 8 up to 42 days (21 days for a young offender)
● up to 21 days cellular confinement
● stoppage of earnings for up to 84 days or deduction from earnings of an amount not exceeding 42 days earnings
● young offenders can even be sentenced to periods of extra work as a punishment.
So, not only is it compulsory to work to a standard set by prison staff, it is also possible for a prisoner to find themselves working for a prolonged period for nothing at all if they fall below that standard or get out of line in any other way.

Thus participation in work, education, exercise and association, attendance at offending behaviour and treatment programmes and even religious service are all seen integral to the maintenance of order in the modern prison regime. Therefore basic 'rights' under the IEP scheme such as access to a radio, newspapers and “attendance at educational classes…should not normally be forfeited.” However, prisoners have been denied access to education when refusing to work as they were held to be disruptive to ‘the maintenance of good order and discipline’ and placed in segregation.

Yet the government and prison authorities maintains that the British prison system exists not only to protect the public and maintain civil order, but to also genuinely rehabilitate offenders through education and training, How can some mind-numbing activity such as packing plastic spoons for Sainbury's or untangling and repacking in-flight entertainment headphone for Virgin Airways for up to 10 hours a day for a few pence an hour, week in week out, ever be constituted as holding any skills training value?

Clearly to establish a Prison Industrial Complex in Britain based on the American model, with such a large but potentially belligerent captive workforce, that workforce had to be subdued and coerced into a compliant state. Thus the Incentives and Earned Privileges Scheme, one of the state's more subtle and ingenious methods of subjugation, was instituted and the prison population is now ripe for exploitation by private capital. They have become modern day slaves in everything but name.

 

* In SPS prisons the wage structure is based on 6 tier Status system which awards a range of points at each level. A point is worth 30p and the top wage rate is equivalent to 1.5 points an hour. Prisoners who pick up ‘litter’ thrown from cell windows can earn a £2 supplement!


 

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