Local and foreign human rights institutions have teamed up to press for a policy to enable prisoners in the country to be paid for working while serving their sentences, proclaiming it as a constitutional right.

Centre for Human Rights Education, Advice and Assistance (Chreaa), Irish Rule of Law International (IRLI), Reprieve and the World Coalition Against the Death Penalty placed the call in their report to the United Nations.

Prisoners such as these would be paid for working while serving time

The report comes as Malawi has been listed among 25 countries whose implementation of the International Covenant on Economic, Social and Cultural Rights is being assessed this year.

The institutions wrote: “There is no regulation or policy that guarantees fair wages for people in prison. Furthermore, there is no mechanism for people to be paid where no one in the Malawi Prison Service is tasked with ensuring that people are guaranteed and receive fair wages.”

They noted that prisoners work in farms, performing arts and as medical support staff.

“In some cases, people work on prison farms. In 2021, it was reported that two people in prison were assisting the medical staff at Lilongwe Prison.

“In most known cases, people are not paid for their work or labour. Despite a constitutional right to fair wages,” the report reads in part.

The organisations disclosed that they were previously paying inmates who used to perform in a dance group at Zomba Central Prison.

“People in prison may work in a cultural dance troupe, which is hired for performances in the community. Members of the troupe reported that while they used to get paid for these outside performances, they no longer receive payment and, instead, are given food,” the report outlines.

When quizzed to clarify which prisoners should be paid considering that some are sentenced to imprisonment with hard labour, Chreaa executive director Victor Mhango in a brief response to our questionnaire responded: “All this will be addressed in the Act.”

He further stated that the prisoners “need to be paid something at the end of their prison sentence.”

Meanwhile, Malawi Prison Service publicist Chimwemwe Shaba said there is merit in the demands by the institutions.

He, however, said the Prisons Act is outdated and does not have provisions for wages payment to prisoners.

Shaba further said the prisoners will be considered for wages once the new Prisons Bill is passed in Parliament.

“Most provisions in the current Act are retributive. That is why there is a need for the Prisons Bill to be passed this year. The provisions that will guide the prisoners’ involvement in the industrial work and how they can benefit, are there,” he said.

Shaba further said those involved in cultural troupes were being paid due to the goodwill of a particular prison administration.

He stated: “There is no provision which guarantees pay for the prisoners. So, basically, those that are paid, it’s just out of humanity. But the new law will spell out guidelines to say, if the inmates are hired, a certain portion, say 20 percent, should be distributed among the prisons.”

But labour rights expert Robert Mkwezalamba said there was need for caution in handling the matter.

“While I promote labour rights, I am saying we need to approach this cautiously as prisoners receive their judgement for the misconduct or offences they committed.

“In the opinion of the courts, the sentencing they receive seeks to restitute the victims or the wronged to some levels of comfort as punishment for the offenders. The State makes considerations to reduce sentences.

“Commitment to the given tasks constitute elements of good conduct as such paying them in the Malawian context may mean they will have to serve their full sentences with no option for parole,” said Mkwezalamba, former Malawi Congress of Trade Unions general secretary.

The Human Rights Consultative Committee chairperson further warned that that policy to pay the prisoners could be a recipe for increased crime levels.

“It may serve as a retrogressive practice against reform as petty criminals will find solace in committing crimes knowing fully well, they will get compensation for dedication to IHL practices.

“It’s something that needs to be piloted but we need to be cautious so as not to send wrong messages as regards our aspirations as a nation towards a crime free and reformed prison life,” he said.

On his part, legal expert Lonnex Kachamba said the prisoners’ involvement in labour forms part of their punishment.

“In some cases, the jail term is coupled with hard labour as part of the sentence imposed by the courts. Therefore, to expect wages from doing part of their sentences is as illogical as it is not sound.

“The Constitution guarantees right to wages within a well-defined scope and in my humble opinion, the framers did not include a convict who, as part of their sentence, was given hard labour to go with the term thereon,” he said. A Nation on Sunday internet survey has established that Uganda, Kenya and South Africa are among countries which pay prisoners while neighboring Tanzania has also formulated legislation, guaranteeing pay for the inmates.

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