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The New "Peculiar Institution": International Labor Standards, Human Rights, and Prison Labor in the Contemporary United States

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This paper seeks to investigate the new "peculiar institution" of prison labor in the United States, a phenomenon that has recieved little attention within the context of international human rights and labor standards. The US is a signatory to very few of the International Labor Organization's conventions, but it has signed onto the Abolition Against Forced Labor, Convention 105, in 1991. However, with the increased privatization of state-run prisons, the labor of prisoners has been dramatically commodified, without the minimal protections for workers under US labor laws. This incarcerated population's ability to give consent to this work is compromised by a number of issues. First, this provides the only means for prisoners to leave their cells during the day. Second, the participation of the prisoners increases their chances of getting parole. Third, it provides the only means to make money, in order to participate in the the prison economy, involving the comissary. Fourth, prisoners are unable to participate in collective bargaining and unionization. The institution of forced and coerced labor within these institutions has recieved some attention from both domestic and international human rights groups- such as Human Rights Watch, Amnesty International, ACLU, and the Sentencing Project, but these groups have not considered the specific impact of this increasingly worrying trend on international norms and issues of labor rights, both internationally and domestically, and the consequent distortions within labor markets. Futhermore, the US engages in foreign policies based on contingency of human rights performance, criticizing countries in the Global South, such as China's use of prison labor (under Bush Sr and Clinton), while the US fails to meet this basic international labor standards itself. In this paper, we will address this gap by wedding the findings in both the domestic prison labor and international labor standards by first comparing the disparities between international standards and domestic practices and law. Second, we will analyze the compliance of US practices to both the international and domestic standarnds, and the implications for both workers' rights and marekt inefficiencies in regards to internataional trade concerns.

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labor (253), prison (214), us (90), privat (74), intern (74), trade (71), right (67), use (54), state (53), work (52), within (50), standard (45), law (42), condit (35), product (32), human (30), worker (26), convent (26), forc (26), wage (25), china (24),
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Name: International Studies Association
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http://www.isanet.org


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MLA Citation:

Kang, Susan. "The New "Peculiar Institution": International Labor Standards, Human Rights, and Prison Labor in the Contemporary United States" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p100630_index.html>

APA Citation:

Kang, S. L. , 2006-03-22 "The New "Peculiar Institution": International Labor Standards, Human Rights, and Prison Labor in the Contemporary United States" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p100630_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper seeks to investigate the new "peculiar institution" of prison labor in the United States, a phenomenon that has recieved little attention within the context of international human rights and labor standards. The US is a signatory to very few of the International Labor Organization's conventions, but it has signed onto the Abolition Against Forced Labor, Convention 105, in 1991. However, with the increased privatization of state-run prisons, the labor of prisoners has been dramatically commodified, without the minimal protections for workers under US labor laws. This incarcerated population's ability to give consent to this work is compromised by a number of issues. First, this provides the only means for prisoners to leave their cells during the day. Second, the participation of the prisoners increases their chances of getting parole. Third, it provides the only means to make money, in order to participate in the the prison economy, involving the comissary. Fourth, prisoners are unable to participate in collective bargaining and unionization. The institution of forced and coerced labor within these institutions has recieved some attention from both domestic and international human rights groups- such as Human Rights Watch, Amnesty International, ACLU, and the Sentencing Project, but these groups have not considered the specific impact of this increasingly worrying trend on international norms and issues of labor rights, both internationally and domestically, and the consequent distortions within labor markets. Futhermore, the US engages in foreign policies based on contingency of human rights performance, criticizing countries in the Global South, such as China's use of prison labor (under Bush Sr and Clinton), while the US fails to meet this basic international labor standards itself. In this paper, we will address this gap by wedding the findings in both the domestic prison labor and international labor standards by first comparing the disparities between international standards and domestic practices and law. Second, we will analyze the compliance of US practices to both the international and domestic standarnds, and the implications for both workers' rights and marekt inefficiencies in regards to internataional trade concerns.

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Associated Document Available Political Research Online
Associated Document Available International Studies Association

Document Type: PDF
Page count: 27
Word count: 8854
Text sample:
“The New Peculiar Institution”: International Labor Standards Human Rights and the Prison Labor in the Contemporary United States Susan Kang kang0174@umn.edu University of Minnesota Twin Cities Paper prepared for the annual meeting of the International Studies Association 22-25 March 2006 San Diego CA Draft (please do not cite without permission) The anti-sweatshop University student movements of the mid and late 1990s child labor fiascos that brought down corporate reputations and other public personas the resistance to NAFTA and the
Labor." http://www.state.gov/g/drl/lbr/ Vandaele Arne. 2005. International Labour Rights and the Social Clause: Friends or Foes. London Cameron May. Walmsley Roy. 2004. "World Prison Population List." Report. King's College London International Center For Prison Studies. Wang Yangmin. “The Politics of US-China Economic Relations: MFN Constructive Engagement and The Trade Issue Proper.” Asian Survey 33(5): 441-462. Wilkinson Rorden. 1999. “Labor and Trade-related Regulation: Beyond the Trade-Labour Standards Debate?” British Journal of Politics and International Relations. 1(2):165-191. Wright Paul. 2003. “Making Slave


Similar Titles:
International Labor Standards and Domestic Labor Advocates: Unions, Labor Reform, and Workers' Rights in Latin America

The New "Peculiar Institution": International Labor Standards, Human Rights, and Prison Labor in the Contemporary United States


 
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