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Human Rights and Mental Health in Post-Apartheid South Africa

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Human Rights and Mental Health in Post-Apartheid South Africa Bantjes et al. BMC International Health and Human Rights (2017) 17:29 DOI 10.1186/s12914-017-0136-0 RESEARCHARTICLE Open Access Human rights and mental health in post-apartheid South Africa: lessons from health care professionals working with suicidal inmates in the prison system Jason Bantjes* , Leslie Swartz and Pieter Niewoudt Abstract Background: During the era of apartheid in South Africa, a number of mental health professionals were vocal about the need for socio-economic and political reform. They described the deleterious psychological and social impact of the oppressive and discriminatory Nationalist state policies. However, they remained optimistic that democracy would usher in positive changes. In this article, we consider how mental health professionals working in post-apartheid South Africa experience their work. Methods: Our aim was to describe the experience of mental health professionals working in prisons who provide care to suicidal prisoners. Data were collected from in-depth semi-structured interviews and were analyzed using thematic content analysis. Results: Findings draw attention to the challenges mental health professionals in post-apartheid South Africa face when attempting to provide psychological care in settings where resources are scarce and where the environment is anti-therapeutic. Findings highlight the significant gap between current policies, which protect prisoners’ human rights, and every-day practices within prisons. Conclusions: The findings imply that there is still an urgent need for activism in South Africa, particularly in the context of providing mental health care services in settings which are anti-therapeutic and inadequately resourced, such as prisons. Keywords: Human rights, Mental health, Post-apartheid, South Africa, Suicide prevention, Prisons Background towards greater equality and justice, there are still consid- At the height of the political turmoil and state repres- erable structural, economic and socio-political factors sion that was a hallmark of the last decade of apartheid which hamper the delivery of mental health care and in South Africa, a number of mental health professionals provide less than optimal conditions for psychological commented on the impossibility of conducting truly well-being [5, 6]. The question arises, then, of how mental ethical mental health practice in an oppressive social con- health professionals working in contemporary South text [1–3]. Commonly, they envisaged a post-apartheid Africa experience their work, and how they think about future in which there would be a more equitable distribu- the social, economic and political constraints they face. In tion of wealth, and a more just society, conducive to this article, we present and discuss data gleaned as part of human flourishing and psychosocial well-being [4]. It has a larger study on the challenges of suicide prevention in been more than 20 years since the advent of democracy in South Africa. In this aspect of the work, we were inter- South Africa and, while some advances have been made ested in how mental health professionals working in the correctional system (prisons) experience their work in * Correspondence: [email protected] relation to dealing with suicidal prisoners. The prison Department of Psychology, Stellenbosch University, Private Bag X1, Matieland system is an especially useful context within which to 7602, South Africa © The Author(s). 2017 Open Access This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. The Creative Commons Public Domain Dedication waiver (http://creativecommons.org/publicdomain/zero/1.0/) applies to the data made available in this article, unless otherwise stated. Bantjes et al. BMC International Health and Human Rights (2017) 17:29 Page 2 of 9 explore these issues; in South Africa, as elsewhere in the A contemporary re-reading of the anti-apartheid world, rates of suicidal behavior are high among prison psychology writings about the impact of apartheid on populations, with suicide being the most common cause human development and well-being reveals that many of death among inmates [7–9]. In addition, the prison of the issues psychologists were concerned with re- system in South Africa is woefully under-resourced, with main, and in some cases, have been exacerbated since overcrowding, gangsterism and violence within prisons 1994 [25]. Poverty, inequality, violence, and poor being as bad as, if not worse, than they were under education, for example, remain key features of apartheid [10–12]. Our data draw attention to the contemporary South Africa [21, 23, 24]. Issues of complex ethical and human rights challenges mental substance abuse are probably worse than before, with health professionals in post-apartheid South Africa face South Africa emerging as more of a global player in when attempting to provide psychological care in settings the illegal drug trade [25]. During the apartheid era, where resources are scarce and where the environment is some mental health professionals looked forward to anti-therapeutic. We consider the human rights and advo- an improved future under democracy; although there cacy implications of our findings, within the context of have been important social changes, many contemporary existing legislative frameworks in South Africa. mental health professionals in South Africa continue to work in settings of endemic social problems without the Post-apartheid South Africa hope or expectation that a radical social transformation is South Africa became a democracy in 1994, with likely to occur. The South African prison system is an apt Nelson Mandela, a global icon, as president, and with example of one such setting in which mental health a vision to create a more just society. The South professionals work under conditions which are far from African Truth and Reconciliation Commission, a optimal, are distinctly anti-therapeutic, and in which there public performance of national reckoning and healing, is little expectation of reform, despite a legislative frame- was hailed internationally as something of a model work which espouses the importance of protecting human for post-conflict societies [13]. South Africa was cele- rights [26]. brated, not just for overcoming its racist past, but also for having the courage to face the pain and suf- The South African prison system fering that apartheid caused, and for engaging in the Prisons in South Africa are under the control of the difficult work of reconciliation [14, 15]. Some remark- Department of Correctional Services (DCS) which able stories of reconciliation and psychological healing obtains its legal mandate from the Correctional Services have emerged from South Africa, including tales of Act (Act 111 of 1998), Criminal Procedure Act (Act 51 direct collaboration for a just society between family of 1977), Child Justice Act (Act 75 of 2008), Promotion members of those who were killed as part of the of Administrative Justice Act (Act 3 of 2000), and political struggle, and the killers themselves [16–18]. Prevention and Combatting of Torture of Persons Act Nobel Laureate, Archbishop Emeritus Desmond Tutu (Act 13 of 2013). The DCS is also governed by the 2005 has espoused a theology of forgiveness, arguing that White Paper on Corrections, the 2014 White Paper on forgiveness of enemies and oppressors takes profound Remand Detention Management in South Africa [27], psychological work, but also provides a key route for and the Constitution of the Republic of South Africa psychological and spiritual healing [19]. The language (Act 108 of 1996) [28]. This legal framework explicitly of liberation, justice, forgiveness, reconciliation and requires the DCS to provide “a safe, secure and humane collaboration has become part of the political zeitgeist environment” [29] (para. 2), and to safeguard the rights of the “new” South Africa. of all offenders, including the right to human dignity, Alongside these achievements, there has, however, freedom and security of the person, satisfactory accom- been a more dystopian view of South African society. modation, and adequate medical care. The DCS has Democracy has certainly benefited many, including a fallen woefully short of its statutory responsibilities to relatively small Black middle-class elite, but most South protect the rights of prisoners and create safe and Africans continue to live in poverty and in circum- humane prisons [26]. stances which are far from optimal in terms of health There is a growing body of literature describing the in- and human development [20]. As in many other parts of humane and unsafe conditions within South African the world, the gap between rich and poor has widened prisons. Overcrowding and resource constraints are major since 1994, and unemployment rates remain very high concerns, and are associated with elevated levels of [21]. There is wide-scale corruption [22], and the preva- psychological stress, psychiatric illness, interpersonal lence of interpersonal violence, including gender-based violence, physical assault and sexual abuse within South violence and murder, are amongst the highest, if not the African prisons [30–33]. Benatar [11] has drawn attention highest, globally
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