Geneva Convention (III)

 

SECTION III

LABOUR OF PRISONERS OF WAR

ARTICLE 49

The Detaining Power may utilize the labour of prisoners of war who are
physically fit, taking into account their age, sex, rank and physical
aptitude, and with a view particularly to maintaining them in a good
state of physical and mental health.

Non-commissioned officers who are prisoners of war shall only be required
to do supervisory work. Those not so required may ask for other suitable
work which shall, so far as possible, be found for them.

If officers or persons of equivalent status ask for suitable work, it
shall be found for them, so far as possible, but they may in no
circumstances be compelled to work.

ARTICLE 50

Besides work connected with camp administration, installation or
maintenance, prisoners of war may be compelled to do only such work as is
included in the following classes:

(a) agriculture;
(b) industries connected with the production or the extraction of raw
materials, and manufacturing industries, with the exception of
metallurgical, machinery and chemical industries; public works and
building operations which have no military character or purpose;
(c) transport and handling of stores which are not military in
character or purpose;
(d) commercial business, and arts and crafts;
(e) domestic service;
(f) public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be
allowed to exercise their right of complaint, in conformity with Article
78.

ARTICLE 51

Prisoners of war must be granted suitable working conditions, especially
as regards accommodation, food, clothing and equipment; such conditions
shall not be inferior to those enjoyed by nationals of the Detaining
Power employed in similar work; account shall also be taken of climatic
conditions.

The Detaining Power, in utilizing the labour of prisoners of war, shall
ensure that in areas in which such prisoners are employed, the national
legislation concerning the protection of labour, and, more particularly,
the regulations for the safety of workers, are duly applied.

Prisoners of war shall receive training and be provided with the means of
protection suitable to the work they will have to do and similar to those
accorded to the nationals of the Detaining Power. Subject to the
provisions of Article 52, prisoners may be submitted to the normal risks
run by these civilian workers.

Conditions of labour shall in no case be rendered more arduous by
disciplinary measures.

ARTICLE 52

Unless he be a volunteer, no prisoner of war may be employed on labour
which is of an unhealthy or dangerous nature.

No prisoner of war shall be assigned to labour which would be looked upon
as humiliating for a member of the Detaining Power’s own forces.

The removal of mines or similar devices shall be considered as dangerous
labour.

ARTICLE 53

The duration of the daily labour of prisoners of war, including the time
of the journey to and fro, shall not be excessive, and must in no case
exceed that permitted for civilian workers in the district, who are
nationals of the Detaining Power and employed on the same work.

Prisoners of war must be allowed, in the middle of the day’s work, a rest
of not less than one hour. This rest will be the same as that to which
workers of the Detaining Power are entitled, if the latter is of longer
duration. They shall be allowed in addition a rest of twenty-four
consecutive hours every week, preferably on Sunday or the day of rest in
their country of origin. Furthermore, every prisoner who has worked for
one year shall be granted a rest of eight consecutive days, during which
his working pay shall be paid him.

If methods of labour such as piece work are employed, the length of the
working period shall not be rendered excessive thereby.

ARTICLE 54

The working pay due to prisoners of war shall be fixed in accordance with
the provisions of Article 62 of the present Convention.

Prisoners of war who sustain accidents in connection with work, or who
contract a disease in the course, or in consequence of their work, shall
receive all the care their condition may require. The Detaining Power
shall furthermore deliver to such prisoners of war a medical certificate
enabling them to submit their claims to the Power on which they depend,
and shall send a duplicate to the Central Prisoners of War Agency
provided for in Article 123.

ARTICLE 55

The fitness of prisoners of war for work shall be periodically verified
by medical examinations at least once a month. The examinations shall
have particular regard to the nature of the work which prisoners of war
are required to do.

If any prisoner of war considers himself incapable of working, he shall
be permitted to appear before the medical authorities of his camp.
Physicians or surgeons may recommend that the prisoners who are, in their
opinion, unfit for work, be exempted therefrom.

ARTICLE 56

The organization and administration of labour detachments shall be
similar to those of prisoner of war camps.

Every labour detachment shall remain under the control of and
administratively part of a prisoner of war camp. The military authorities
and the commander of the said camp shall be responsible, under the
direction of their government, for the observance of the provisions of
the present Convention in labour detachments.

The camp commander shall keep an up-to-date record of the labour
detachments dependent on his camp, and shall communicate it to the
delegates of the Protecting Power, of the International Committee of the
Red Cross, or of other agencies giving relief to prisoners of war, who
may visit the camp.

ARTICLE 57

The treatment of prisoners of war who work for private persons, even if
the latter are responsible for guarding and protecting them, shall not be
inferior to that which is provided for by the present Convention. The
Detaining Power, the military authorities and the commander of the camp
to which such prisoners belong shall be entirely responsible for the
maintenance, care, treatment, and payment of the working pay of such
prisoners of war.

Such prisoners of war shall have the right to remain in communication
with the prisoners’ representatives in the camps on which they depend.

SECTION IV

FINANCIAL RESOURCES OF PRISONERS OF WAR

ARTICLE 58

Upon the outbreak of hostilities, and pending an arrangement on this
matter with the Protecting Power, the Detaining Power may determine the
maximum amount of money in cash or in any similar form, that prisoners
may have in their possession. Any amount in excess, which was properly in
their possession and which has been taken or withheld from them, shall be
placed to their account, together with any monies deposited by them, and
shall not be converted into any other currency without their consent.

If prisoners of war are permitted to purchase services or commodities
outside the camp against payment in cash, such payments shall b~ made by
the prisoner himself or by the camp administration who will charge them
to the accounts of the prisoners concerned. The Detaining Power will
establish the necessary rules in this respect.

ARTICLE 59

Cash which was taken from prisoners of war, in accordance with Article
18, at the time of their capture, and which is in the currency of the
Detaining Power, shall be placed to their separate accounts, in
accordance with the provisions of Article 64 of the present Section.

The amounts, in the currency of the Detaining Power, due to the
conversion of sums in other currencies that are taken from the prisoners
of war at the same time, shall also be credited to their separate
accounts.

ARTICLE 60

The Detaining Power shall grant all prisoners of war a monthly advance of
pay, the amount of which shall be fixed by conversion, into the currency
of the said Power, of the following amounts:

Category I : Prisoners ranking below sergeants: eight Swiss
francs.

Category II : Sergeants and other non-commissioned officers, or
prisoners of equivalent rank: twelve Swiss francs.

Category III: Warrant officers and commissioned officers below the
rank of major or prisoners of equivalent rank: fifty
Swiss francs.

Category IV : Majors, lieutenant-colonels, colonels or prisoners
of equivalent rank: sixty Swiss francs.

Category V : General officers or prisoners of war of equivalent
rank: seventy-five Swiss francs.

However, the Parties to the conflict concerned may by special agreement
modify the amount of advances of pay due to prisoners of the preceding
categories.

Furthermore, if the amounts indicated in the first paragraph above would
be unduly high compared with the pay of the Detaining Power’s armed
forces or would, for any reason, seriously embarrass the Detaining Power,
then, pending the conclusion of a special agreement with the Power on
which the prisoners depend to vary the amounts indicated above, the
Detaining Power:

(a) shall continue to credit the accounts of the prisoners with the
amounts indicated in the first paragraph above;
(b) may temporarily limit the amount made available from these advances
of pay to prisoners of war for their own use, to sums which are
reasonable, but which, for Category I, shall never be inferior to
the amount that the Detaining Power gives to the members of its own
armed forces.

The reasons for any limitations will be given without delay to the
Protecting Power.

 

Author: international