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266. P.W. Article 25 deals with the transfer of wounded and sick prisoners of war from one camp to another and prohibits such transfers if their recovery might be prejudiced by the journey (for transfers of healthy prisoners of war see paragraphs 260 and 269 below). The 1947 Geneva Conference of Government Experts recommended that this article should require that transfer should be carried out:
(a)
only in case of absolute necessity;
(b) in humane fashion;
(0)
only if not prejudicial to the health of the sick.
My Committee did not approve (a) above. Its purpose is to prevent sick or wounded in hospital from being moved until they have sufficiently recovered to. leave hospital; but my Committee observed that the limitation of movement to cases of absolute necessity might prevent movement to another hospital or a place of convalescence, where that would be desirable in the interests of the prisoner but not "necessary". It would also rule out movement of partially recovered sick and wounded to a hospital where they could be more securely watched, even in cases where it was clear that their health would not in any way suffer from a journey under proper conditions. (see paragraphs 72 to 80 above, for transfers between Powers; and paragraphs 81 to 83 for transfers when the "fighting front" approaches.)
267. For the reasons set out in paragraph 266 above, my Committee recommend that the United Kingdom delegation to a future International Conference should resist recommendation (a) in its "absolute" form: my Committee recommend acceptance of (b) and (o) of paragrah 266 above. (C. R. G. C. /m (48)3, Item 20) (see also paragraph 385 below).
268. P.W. Article 26 deals with the transfer from one camp to another of prisoners of war in health (for transfers of wounded and sick see paragraphs 266 and 267 above). The 1947 Geneva Conference of Government Experts recommended certain additional provisions which raise no controversial issues. They include a minimum weight of personal belongings which a prisoner of war may take with him on transfer. A proposal by the International Red Cross Committee to impose special conditions for the movement of prisoners of war by sea was rejected by the 1947 Conference. (See paragraphs 72 to 80 above for transfers between rowers; and paragraphs 81 to 83 for transfers when the "fighting front" approaches).
269. My Committee recommend acceptance of the recommendations of the 1947 Conference; and that the minimum weight of personal effects allowed to be taken by a prisoner of war from one camp to another should be 25 kilograms (approximately owt.); but that, the Detaining Power should transport all other personal effects as soon as possible after the transfer of the prisoners of war, to whom they belong. (See also paragraph 385 below).
270.
P.W. Article 27 Employment on Work - General Conditions. Under the 1929 Prisoners of War Convention, officers are free from any obligation to work and non-commissioned officers are under obligation to work only on supervision. The 1947 Geneva Conference of Government Experts recommended:-
(a) a new preamble indicating that prisoners of war may be
employed on work for which they are physically fit
"in order to maintain their physical and mental fitness";
(b) that regard should be had to age, sex, rank and
physical capacities;
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(c)
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that fitness for work should be verified by periodical medical examination;
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135
(a)
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that prisoners of war who are victims of accident or - disease arising from work should receive all necessary so a medical certificate abowing bfe4&sture and causes of the disability; a copy of this certificate to be sent to the Power in whose forces the prisoner of war was serving when captured, through the International Red Cross Committee. The certificate should perhaps be sent, not through the International Red Cross Committee as such, but through the Protecting Power or alternatively through the Central Agency which, though run by the International Red Cross Committee, is, in principle, an independent organisation. (See Article 79)
271. Article 27 of the 1929 Prisoners of war Convention also required compensation for injuries at work to be dealt with under the Workmen's Compensation legislation of the Detaining Power: these provisions proved unworkable see paragraphs 108(g) and 113 above for what is proposed
for the future.
272. My Committee recommend acceptance of the recommendations set out in paragraph 270 above. (C. R. G. C./ (47)5, Item 39; C. R. G. C. (48)3, Item 22).
273. P.W. Article 28 deals with the responsibility for prisoners of war working for private individuais. The 1947 Geneva Conference of Government Experts recommended that the Article be clarified and, in particular, that it should provide for prisoners of war working for private employers to maintain contact with their Camp Leader in the base camp. My Committee recommend approval of these recommendations. (C.R.G.C.M(47)5, Item 39)
274. P.W. Article 29 deals with physical fitness for work. The 1947 Geneva Conference of Government Experts recommended that prisoners of war who feel unfit for work should have a special right to apply for medical examination and, also, that prisoner of war medical officers should be allowed to recommend exemption from work for prisoners of war they consider unfit. (See also paragraph 270(ó) above). My Committee accepted these recommendations.
295. PW. Article 30 - Hours of work. The 1947 Geneva Conference of Government Experts recommended:-
(a). that prisoners of war be granted a break of one hour in
the middle of a day's work as well as 24 hours continuous rest in each week. (This provision may create difficulties for some of the United Kingdom user departments; in view of its importance for the protection of British prisoners of war, the Departments concerned have withdrawn their objection to it);
@
(b) eight days paid rest after a continuous year's work;
(a)
that hours of work should not be rendered excessive by the use of piece work. (This is to guard against the abuse of task work).
My Committee, reinforced by representatives of "user" Departments, recommend approval of these recommendations. (C.R.G.C./M(48)7, Item 51)
2%
276. P.W. Article 31 deals with the kind of work on which a prisoner of war may be employed - see paragraphs 62 to 71 above.
277. P.W. Article 32 prohibits employment of prisoners of war on unhealthy or dangerous work see paragraphs 62 to 71 above.
278. P.W. Article 33- Responsibility for labour detachments see Fart IV.
279.
Pagtiges of gay for Work see paragraphg10248 01488)
and 110 above.
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280. P.W. Arti le 35
Convention 7958f Fort IV
Publication of measures for execution of the