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Prison Reform in Africa: Recent Trends

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Prison Reform in Africa: Recent Trends PRISON REFORM IN AFRICA: RECENT TRENDS Makubetse Sekhonyane Vineyard hotel 16 March 2005 Africa- Prison Population Rates per 100 000 Burkina Faso 23 Comoros 30 Gambia 32 Nigeria 33 Madagascar 130 Reunion 143 Lesotho 143 Countries Zimbabwe 160 Namibia 267 Swaziland 324 Botswana 327 South Africa 402 0 50 100 150 200 250 300 350 400 450 Rates Common trends ♦Overcrowding ♦Poor facilities ♦Lack of resources ♦Health/Communicable diseases ♦ Adverse socio-economic circumstances Overcrowding • Results from old and colonial laws • Rogue and vagabond (Malawi) • Defilement (Uganda) • Loitering (Kenya) • Repressive laws • Posa (Zimbabwe) • Police performance • Locking up the usual suspects (Crackdown, defilement etc) • Discord in the Criminal Justice System • Punitive societies Poor facilities ♦ Old and dilapidated buildings Lesotho prisons ‘worse than pigsties’ - SABC news November 25, 2004 Nigerian prisons are horrible, This Day, Lagos, February 1, 2005 ♦ Not enough money is allocated to facilities ♦ Inappropriate design (reflect a punitive colonial paradigm) ♦ Poor ventilation and light (Breeding ground for communicable diseases) Lack resources ♦ Not enough cell accommodation • Danger of sexual violence • Potential for spread of communicable skin diseases • Facilitate gang formation ♦ Inadequate staff • Shortened inmate exercise or time outside • Increased security risk for staff and inmates • Shortened meal periods ♦ Food shortage ♦ Clothes shortage for both personnel and inmates Health/Communicable diseases ♦ Insufficient qualified medical personnel ♦ Lack of medical equipment (tools, medicine, condoms) ♦ Expensive treatment outside prison • Transportation costs • Hospital costs • HIV/Aids and sexual violence • Poor prison facility - sicknesses sets in fast/HIV Adverse socio-economic circumstances ♦Poverty and joblessness (unable to pay bail, increase in petty theft etc) ♦Dysfunctional families ♦Low levels of education ♦Absence of recreational facilities Prison Reform in Africa ♦ Key instruments – International Instruments – African Commission ♦ The Kampala conference and declaration ♦ Special Rapoorteur ♦ The Kadoma declaration ♦ Ougadadougou declaration ♦ Cesca International Instrument Principal documents: ♦ International Covenant on Civil and Political Rights (ICCPR) - article 10 ♦ Convention Against Torture ♦ Conventions on the Rights of the Child ♦ United Nations Standard Minimum Rules for the Treatment of Prisoners Other documents ♦ Body of principles for the protection of all persons under any form of detention or imprisonment ♦ Basic Principles for the treatment of prisoners ♦ UN Standard Minimum Rules for the Administration of Juvenile Justice Kampala conference on prison conditions ♦ Conference took place in Kampala, Uganda in 1996 ♦ 40 African countries, 133 delegates ♦ The declaration and plan of action were adopted by the United Nations in 1997. Kampala Declaration ♦ Human rights to be safeguarded, NGOs to play key role ♦ Prisoners to retain rights except those lost through detention ♦ Living conditions = human dignity ♦ Conditions should not aggravate suffering ♦ Detrimental effects to be minimized to preserve self respect and responsibility Kampala recommendations ♦ Opportunity to maintain and develop links with families and outside world ♦ Access to education and skills – towards reintegration ♦ Special attention for vulnerable prisoners ♦ UN and African Charter provisions to be incorporated in domestic laws ♦ Minimum security for public safety Kampala recommendations ♦ Remand prisoners- police, prosecution and judiciary to be aware and involve in solutions, reduce remand period, have regular review of time detainees spend on remand. ♦ Prison staff – career structure, governance, resources, training, recruitment ♦ Alternative sentencing- customary practice, mediation, reparation, recompense, community service and other non-custodial measures, learning from Africa, public education Plan of Action ♦ Governments should review penal policy and call on national/international agencies to assist ♦ Interested bodies and agencies should co- operate ♦ The role that NGOs have to play in prisons ins important and should be recognised, they should have easy access, and be encouraged Special Rapporteur on Prisons ♦ Kampala Declaration recommended ♦ 1996-1999 Commissioner Dankwa of Ghana ♦ In October 2000 Dr Vera Chirwa of Malawi was appointed as the new special rapporteur. Lawyer and HR activist, herself spent 12 years in prison fighting for democracy and self governance. Ouagadougou Conference ♦ September 2002 ♦ Attended by 123 delegates, 34 African countries ♦ Objectives to assess progress made since 1996 and further identify new African models for dealing with crime ♦ At 34th session of the African Commission held in Banjul, Gambia Nov 2003, adopted declaration and plan of action Ouagadougou Declaration ♦ Reducing prison population ♦ Making African prisons more self-sufficient ♦ Promoting reintegration of offenders ♦ Applying the rule of law to prison admin ♦ Encouraging best practice ♦ Promoting an African charter on prisoner’s rights ♦ Looking towards UN charter on basic rights of prisoners, to be presented at 11th UN Congress on Prevention of Crime in 2005 Ouagadougou Plan of Action ♦ Presents strategies for the recommendations ♦ E.g. Strategies for reducing prison population include use of diversion for young offenders, restorative justice processes, using traditional justice, improving referral mechanisms, decriminalization of some offences. Monitoring prisons Judicial inspectorate (SA) Established on 1 June 1998 in terms of the Correctional Services Act 111 of 1998 Mandate: – To inform the President, the Minister of Correctional Services and the public aware about the treatment of prisons and prison conditions. – Appoint Independent Prison Visitors to visit, talk and resolve complaints where possible Issues identified by the inspectorate ♦ Increase in long sentences ♦ Increase in remand population ♦ Integrated approach to criminal justice ♦ Shortage of qualified/ specialised staff ♦ Alternatives to imprisonment ♦ Old and crumbling prison infrastructure ♦ HIV/Aids, STI and other communicable diseases ♦ Corruption Monitoring prisons (cont) The Inspectorate of prisons (Malawi) Established on terms of the Malawi Constitution, Chapter XVII, 169. Mandate: – Monitor conditions, administration and general function of penal instructions – Powers to investigate matters relating to prison – Visit prisons with/ without notice – Powers extend to police holding cells – Co-opt people or organisations involved in monitoring human rights or welfare of offenders Issue identified by the inspectorate ♦ Increase in budget to improve prison conditions ♦ Overcrowding ♦ Overstaying of prisons on remand ♦ Need for new prisons to transfer prisoners from old ones ♦ Need for qualified doctors and strengthening of paramedical staff ♦ Need for HIV/Aids programmes Monitoring prisons (cont) Open prisons visits ♦Once a year - prison week ♦Open to the public ♦Generate debate on penal reform Recommendations from inspectorate ♦ Reduction in prison population ♦ Attention to be paid to health issues ♦ Prisons require qualified and specialised personnel ♦ Review of legislation Minimum sentencing legislation Relaxing bail laws ♦ Greater use of alternatives to imprisonment Community service programmes Dispute resolution Restorative justice Conclusion THANK YOU [email protected] (012)-346-9500 (012)460-0997.
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