A/75/388 Convention, 1957 (No. 105) clarifies that States undertake not to make use of any form of forced or compulsory labour as a means of political coercion or education (art. 1). Furthermore, rule 97 of the Nelson Mandela Rules affirms that prison labour “must not be of an afflictive nature”, referring to the pain, distress and grief caused by such labour. Rule 103 requires that there should be a system of equitable remuneration of the work of prisoners, and that a part of the earnings should be set aside by the prison administration so as to constitute a savings fund to be handed over to the prisoner on his or her release. Rule 101 requires that the precautions laid down to protect the safety and health of free workers should be equally observed in prisons, and that provision should be made to indemnify prisoners against industrial injury, including occupational disease, on terms not less favourable than those extended by law to free workers. Rule 102 requires that the maximum daily and weekly working hours of the prisoners should be fixed by law or by administrative regulation, and that the hours so fixed should leave one rest day a week. 35. Pretrial detainees in holding centres (jipkyulso) are subject to re-educational labour. Those convicted through administrative proceedings (i.e., without a trial) are also sentenced to re-educational labour in rodongdanryondae, with sentences ranging from five days to six months. 26 A female escapee who was detained in a labour training camp for a month without a trial for visiting a fortune teller stated that she had to chop trees inside the camp. Other detainees had to collect firewood for the camp. Another woman, who had recently arrived in the Republic of Korea, stated that she had worked at State corporations and on farms during her detention in jipkyulso. While jipkyulso received remuneration for the detainees’ work, the detainees were not paid. Labour in jipkyulso (prior to a criminal sentence by a court) and labour in rodongdanryondae (as a punitive measure without a trial) may qualify as forced labour, which is prohibited under article 8 of the International Covenant on Civil and Political Rights. 5. Enslavement 36. In the Democratic People’s Republic of Korea, thousands of people who have committed “anti-State” and “anti-people” crimes are imprisoned indefinitely in kwanliso, the political prison camps. In its 2014 report of it detailed findings, the commission of inquiry on human rights in the Democratic People’s Republic of Korea found that the experience of inmates in kwanliso involved all the characteristics of enslavement, and that inmates were subjected to a lifetime of arduous and perilous forced labour. Enslavement is defined in article 7 of the Rome Statute of the International Criminal Court as a crime against humanity. The commission of inquiry found that, while the high threshold of enslavement would not be reached everywhere in the ordinary prison system, the type, duration and intensity of forced labour exacted from inmates in the ordinary prison camps (kyohwaso), especially in prison mines, did meet the enslavement threshold. In coming to that finding, the commission had taken into account the overall context of deliberate starvation, inhumane living conditions and harsh punishments imposed on those who failed to fulfil their work quotas or who attempted to flee. Some more recent accounts attest to hard labour in kyohwaso, with inmates being provided with insufficient, poor-quality food, inadequate sanitation, overcrowded cells and beatings when they failed to fulfil their work quotas. __________________ 26 14/21 Administrative Penalty Law, arts. 14 and 18. 20-13513