November 5 vote could mark a turning point in ending forced labour in US prisons
On November 5, voters in Nevada and California could make history by outlawing forced prison labour. Though many believe slavery ended after the Civil War, the 13th Amendment exception still allows for forced labour as punishment for crime across the US.
While many people believe slavery ended with the Civil War, the 1865 13th Amendment to the Constitution left an exception. It allows for slavery and involuntary servitude as punishment for crime.
People across the US are still forced to labour for little or no pay because of this exception, which incentivises mass incarceration.
Incarcerated people who refuse to work can be punished, denied contact with family, put in solitary confinement, and denied parole.
California and Nevada are voting alongside the General Election to change their constitutions.
If passed, they will join 7 states that have symbolically removed the exemption since 2018.
What’s important to know about forced labour in US prisons?
They labour for private corporations, state-owned corporations, and correctional agencies making an average of US$0.86 per day.
Up to US$18 billion each year is withheld in wages from incarcerated people, depriving communities impacted by mass incarceration of economic stability.
7 US states including Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina, and Texas pay incarcerated people nothing for most of their work.
What does forced prison labour look like in the US?
Thousands of companies indirectly benefit from prison labour, according to End the Exception.
Over 80% of incarcerated workers also have facility operations and maintenance jobs that offset and disguise the cost of mass incarceration.
Incarcerated people work on prison farms situated on former antebellum plantations. They harvest crops, raise livestock, process food, and staff storefronts for some of the nation’s most popular brands.
Forced prison labour in the US and the issue of human rights
An estimated 50 million people are living in modern slavery globally, with 28 million experiencing forced labour.
This is according to our Global Estimates of Modern Slavery, produced in partnership with the International Labour Organisation and International Organisation for Migration.
“State-imposed forced labour involves the state not only failing in their duty to safeguard human rights, but actively using their power to perpetrate abuse,” Walk Free’s Director of Operations Katharine Bryant explained to Freedom United.
“From the moment people enter the prison gates, they lose the right to refuse work. They’re excluded from universally recognised workplace protections. This includes minimum wage laws or overtime protection, the right to unionise, and workplace safety guarantees.
“While some believe forced labour is an essential part of effective punishment and is necessary to offset the cost of incarceration paid by taxpayers, the reality is that forced labour in US prisons is a lucrative business, not a part of rehabilitation.
“Being convicted of a crime does not justify being stripped of your most basic human rights, including the right to being protected from extreme exploitation.”
What are the next steps to help end forced prison labour in the US?
Advocates are pushing for change at both state and federal levels. Ending forced labour in prisons will require action from state governments and Congress.
Upcoming votes in states like California and Nevada can play a crucial role in moving towards a nationwide end to forced prison labour.
The push to eliminate the exception began to gain traction in 2018. Colorado became the first state to remove it from its constitution. Since then, Utah, Nebraska, Alabama, Oregon, Tennessee, and Vermont have followed.
