"Statutory regulations on remuneration for prison labor in Bavaria and North
Rhine-Westphalia are unconstitutional" is the bureaucratic headline of a pressrelease by the Federal Constitutional Court dated June 20. ---- Operations &Society By: Peter Nowak - June 28, 2023 ---- Good news for the more than 40,000prisoners working for wages, one might think. ---- And it is also a success forthe prisoner union/nationwide organization (GG/BO), which commented on theverdict from Karlsruhe with the sober sentence: "Prisoner union expects wages torise in prison". ---- The GG/BO was founded in Berlin in 2013 and then quicklyexpanded throughout Germany because it had three central demands. In addition tothe fight for union freedom in prison, this also included minimum wages inprisons and all wage-working prisoners should also have pension and healthinsurance. The fact that the GG/BO spread so quickly was also due to the factthat the more than 40,000 prisoners in Germany supported these twosocio-political demands with a large majority. They just didn't want to put upwith having to slave away for a fee that ranged between EUR 1.37 and EUR 2.30 anhour. It was also clear to them that they would be released into old age povertyafter often working in prison for many years. The GG/BO cleared up the prejudiceof the prisoners sticking to their bags, who allegedly did not create any addedvalue in prison. In reality, there are many companies that benefit from thelow-wage prison sector.THE BENEFICIARIES OF THE LOW-WAGE PRISON SECTOR"German prisons let their inmates work for private companies - for a fraction ofthe minimum wage. The judiciary wants to keep secret who benefits from it," saysa research by Correctiv. The fact that there have been many critical reportsabout the low-wage prison sector in the middle-class media in recent years is asuccess for the GG/BO. When it was founded, it made it clear that the prisonwould also become a zone of labor and class struggle. The repressive stateapparatus wanted to prevent that at first.Immediately after the GG/BO was founded, there were cell raids on the twoinitiators in the Tegel prison. The lists with the first GG/BO members were alsoconfiscated at first. The large and quite positive media response to the foundingof the GG/BO meant that the state apparatus held back with repression. Especiallyin the first few months, the activity of the solidarity groups with the GG/BO wasvery important. It consisted of supporters from outside the prisons, who ensuredthat the core demands of the prison union quickly became known to the public.This also included the diverse contacts with different trade unions. An importantsupporter of the prisoners' trade union from the beginning was the photographerLara Melin, who died young. FAU was part of this from the start. Some subgroupsof the DGB union Verdi also declared their solidarity with the GG/BO. However,this met with resistance from the prison workers organized by Verdi, who refusedto be organized in the same union as prison inmates.It was treated like a stamp club. The prisoners could work there, but it was notrecognized as a union. Because the legislature is still of the opinion that thereare no wages in prison. Therefore, one of the central demands of the GG/BO wasfreedom of trade unions behind bars.PROBLEMS OF UNION WORK BEHIND BARSBut the GG/BO work also quickly reached its limits. Long-term politicalorganization behind prison walls is only possible in the rarest of cases. ActiveGG/BO members were released from prison and had no successors. This is also oneof the reasons why the strike behind bars of wage labor prisoners favored by theGG/BO has not yet taken place. That would be an appropriate form of struggleagainst over-exploitation in prisons. This led to individual prisoners taking thelegal route and thus reaching the current verdict. It is already a success whenthe important role played by the GG/BO in publicizing the issue of the low-wageprison sector is mentioned in many media with the judgment of the Federal Courtof Justice.AFTER THE JUDGMENT, GG/BO IS MORE IMPORTANT THAN EVEREspecially after the verdict, a strong and capable GG/BO would be more importantthan ever. Because it is far from settled that the low-wage prison sector is nowa thing of the past. The BVG by no means sided with the unions. This was alreadyevident from the fact that the court did not order that the current state of wagedeprivation be lifted immediately. Rather, the two defendant federal states ofBavaria and Baden-Württemberg are given until June 30, 2025 to change the legalbasis. Until then, the previous regulation will remain in force.Therefore, all dreams can be forgotten that the prisoners now have to expectlarge back wage payments. Instead of exploitation and over-exploitation, thereasoning behind the judgment also says that the prisoners should have thefeeling that their work is valued, and that this is necessary for theirresocialization, i.e. reintegration into capitalist society. Talking aboutfeelings instead of exploitation always goes against the interests of wageearners, whether behind bars or in capitalist freedom.DO HIGHER WAGES IN PRISON RELIEF THE TREASURES?The second justification given by the court for the unconstitutionality of theprevious regulations has also been voiced in economically liberal circles inrecent years. They see higher pay for prisoners as a relief for the statetreasury. What sounds paradoxical at first glance has a real background, whichthe judge also mentioned in the verdict. Because of the low-wage sector, manyprisoners are unable to pay any possible fines or possible damages, nor pay courtcosts, which often run into four figures. Maintenance payments are also notpossible with the previous rates. If wages are increased, the prisoners willimmediately face numerous demands. It is possible that an even larger part oftheir wages for cell use and for electricity, etc. will then be withheld. Aspositive as it is that, after the BVG decision, the regulations for prisonerremuneration will probably not only have to be reorganized in Bavaria and NorthRhine-Westphalia, it is as unlikely that the low-wage prison sector will be athing of the past. Achieving this goal requires strong prisoner unions workingwith supporters outside the prison walls. That would also be an important taskfor FAU.https://direkteaktion.org/niedriglohnsektor-gefaengnis-ist-noch-laengst-nicht-beendet/_________________________________________A - I N F O S N E W S S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca
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