In March-April 2005, strike action spread among Belgian prison officers in a dispute which was sparked by a court ruling over recent disorder at one prison, but became a focus for more wide-ranging grievances. Following a number of commitments made by the government, most but not all prison officers returned to work.
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In March-April 2005, strike action spread among Belgian prison officers in a dispute which was sparked by a court ruling over recent disorder at one prison, but became a focus for more wide-ranging grievances. Following a number of commitments made by the government, most but not all prison officers returned to work.
Rioting by some 50 inmates at Ittre prison on 18 March 2005 ended with three people slightly injured and extensive material damage. Upon release of the disciplinary report into the incident, three prisoners lodged a complaint with the Council of State (Conseil d’Etat/Raad van Staat), the country's highest judicial body, which on 25 March concluded that 'the rights of the defence had not been respected' and accordingly waived the penalties imposed on the prisoners (egs transfers and solitary confinement). The reasons cited were a 'climate of terror' said to prevail in the prison, and beatings and pressure allegedly inflicted on inmates.
Strikes followed by talks
Prison officers at Ittre started a strike on 29 March to protest against the Council of State judgment. Staff at other prisons, in both French- and Dutch-speaking areas, soon joined their ranks, both out of solidarity with their colleagues at Ittre and to bring their own specific grievances to light (BE0206303N). The main demands of the Ittre prison officers were the following:
revision of the regulations setting out the rights and duties of prison officers;
the introduction of two weeks of additional training;
defence of prison officers in the courts by the authorities and free legal aid for problems encountered as part of their duties, for example in the case of an inmate taking legal action against a guard;
creation of a specialised penal establishment for 'problem' inmates; and
an apology by the lawyer who had claimed that a climate of terror was maintained by the guards at Ittre.
The strikers also called on the negotiators for the Federal Public Justice Service and its directorate general to visit Ittre in order to take stock of the situation and engage in dialogue.
The authorities responded by explaining the short- and long-term measures contained in a current multiannual plan for prisons and the legislative measures taken since the start of the present parliamentary term. The demands of the Ittre prison guards were addressed during talks between the social partners and representatives of the authorities on 31 March. In these discussions, the cabinet of the Justice Minister agreed to come forward, within six months, with detailed regulations for prison guards, setting out their rights and duties. Furthermore, basic training for prison officers will be extended from four to six weeks in 2006, while a course on conflict management is planned for section heads and prison aides. The authorities stated that a draft circular would be issued on legal assistance for prison officers (this was approved by the Federal Public Justice Service on 13 April) and commitments were made guaranteeing the preparation of explicit directives on disciplinary measures for prisoners.
On 3 April, the directors of all prisons in Belgium received a memorandum prepared by the cabinet of Laurette Onkelinx, the Minister of Justice, guaranteeing the commitments made on 31 March.
In addition to the demands made by the Ittre prison officers, those at other prisons raised the issues of: a lack of personnel combined with prison overpopulation; a lack of safety and welfare at the workplace; and the poor state of security infrastructure and equipment, particularly at Lantin prison. A call by the prison officers for the full opening of a general medical clinic and psychiatric annex at Lantin has proved a main stumbling block in negotiations, because the budget required cannot be released until the construction phase begins in 2006. Similarly, the officers at certain prisons, such as Huy, are seeking the abolition of two of four exceptions to the legal aid system for staff introduced by the Justice Minister - these are cases involving gross intentional misconduct and repeated slight negligence.
While the Minister's written guarantees allowed order to be restored at several penal institutions, the officers at the Andenne, Lantin and Huy prisons stayed on strike, to the displeasure of the leadership of the General Confederation of Public Services (Centrale Générale des Services Publics/De Algemene Centrale der Openbare Diensten, CGSP/ACOD). A number of trade union delegates, among them the delegation from Lantin, demonstrated at the central prison administration at the Justice Ministry in Brussels. Other union delegates, for example three CGSP/ACOD representatives at Huy prison, resigned as they felt caught between the wish of members to continue the industrial action and the union leaders' wish to put an end to it. Jean Lizen, the federal secretary of the CGSP/ACOD prisons section, said that 'not all the problems inherent to prisons have been solved', adding that under-staffing, the dilapidated state of buildings and a lack of training for officers have been a problem 'for decades'. He also claimed that Ms Onkelinx's predecessors were responsible for the situation, because 'the current minister cannot single-handedly do the work her predecessors failed to do'. In mid-April, after nearly two weeks of strikes, the Huy prison officers were not ruling out the possibility of internal actions once the situation returned to normal.
Some prisoners demonstrated during the strike, while there were several escape attempts at Lantin prison.
Reinforcements from the police, the Red Cross (La Croix-Rouge/Het Rode Kruis) and the Civil Protection Service (La Protection civile/De Civiele Bescherming) were used to help keep order inside the prisons during the action. Minister Onkelinx stated that it was 'unacceptable to bring work to a standstill in a sector that has to operate on a permanent basis' and said that she would 'take measures to guarantee a minimum service'. Although the trade union organisations are opposed to such a measure, the Minister wants to review the procedures for strikes in prisons.
Commentary
The strikes in the Belgian prison system resulted from internal strife. The trade unions themselves hoped to see the conflict settled as soon as possible to avoid endangering the good relations between the sector and the Justice Minister. The demands made by the prison officers have been addressed partially in talks between the social partners and the authorities, but in some cases patience will be needed until 2006. (Isabelle Vandenbussche, Catholic University of Leuven (Louvain-la-Neuve))
Eurofound recommends citing this publication in the following way.
Eurofound (2005), Prison officers strike, article.
