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Women-In-Prison-And-COVID-19 WOMEN IN PRISON AND THE COVID-19 EPIDEMIC: IMPROVING THE GOVERNMENT RESPONSE TO PROTECT WOMEN IN PRISON I. FOREWORD In 2018, the Vance Center for International Justice convened the first international conference of women prisoners’ advocates in Bogota Colombia, co-sponsored by Penal Reform International (PRI). Out of this conference was created the first ever global network of advocates for women prisoners: the Women in Prison Network. Connected via an online platform, the Network includes 45 individual advocates and 34 organizations from a total of 21 countries representing every continent. The Network is a safe space for advocates to share information and best practices, seek collaborations, and build capacity for improved monitoring and reporting of conditions in women's prisons worldwide. In response to the Covid-19 outbreak, the Vance Center has mobilized its Women in Prison Network to assess government responses to the crisis in detention centers for women in 17 Global South countries from Africa, Asia and Latin America: Argentina, Bolivia, Brazil, Colombia, Indonesia, Kazakhstan, Kenya, Kyrgyzstan, Malawi, Mexico, Nigeria, Pakistan, Philippines, Sierra Leone, Thailand, The Gambia, and Venezuela. Local organizations that are part of the Women in Prison network filled out a survey questionnaire prepared by the Vance Center and Penal Reform International seeking to elicit information on the government response to prevent and address the Covid19 pandemic in places of detention for women. The Vance Center partnered with a law firm in New York to produce the memorandum below that summarizes the survey responses and analyzes them in light of international and regional standards regarding the treatment of women in detention. This memorandum is intended as a guide for conducting advocacy to improve the government response to the Covid19 pandemic in places of detention for women. We are grateful to the following individuals and organizations who participated in the study: - Advocaid, Sierra Leone - Centre for Human Rights Education Advice and Assistance, Malawi - Corporación Humanas, Colombia - Dost Welfare Foundation, Pakistan EMEA 126717401 - Faraja Foundation and Clean Start, Kenya - Fundación Construir, Bolivia - Institute for Criminal Justice Reform, Indonesia - Institute for Human Rights and Development in Africa (IHRDA), The Gambia - International Drug Policy Consortium, Thailand - Mattos Filho and Associação Elas Existem, Brazil - NoBox Transitions Foundation, Philippines - Observatorio Venezolano de Prisiones, Venezuela - Penal Reform International – Central Asia, Kazakhstan and Kyrgyzstan - PRAWA, Nigeria - Prison Commission – Argentina - Rosa Julia Leyva, Mexico II. INTRODUCTION 1. Opening Summary The outbreak of the novel coronavirus, COVID-19, was first detected in Wuhan, China in December 2019. Over the past several months, the virus has spread across nearly every country and was declared a pandemic by the World Health Organization (WHO) on 12 March 2020. While the virus does not discriminate, systemic inequality can make certain individuals or populations more susceptible to the disease. Individuals in prisons, in particular, are likely to be more vulnerable to contracting coronavirus due to living in confined and crowded conditions for extended periods, generally low-standard of health care inside the prisons, and poor health status of people detained. As such, any response to tackling this public health crisis must be grounded with respect for human rights and be gender-focused. This report will discuss current government responses to COVID-19 in the Global South and their impact on women in prison. The Vance Center for International Justice’s Women in Prison Project assembled a network of NGO advocates to complete a survey on how their governments have responded to the COVID-19 pandemic in their policies and practices regarding women’s incarceration. The survey focused on six key areas: healthcare, prison protocols and rules, children in prison with their mothers, rehabilitation and release, the criminal justice system, and prison staff. Using these survey responses, a team of White & Case EMEA 126717401 2 attorneys analyzed each country's actions and compared them to international law and regional standards regarding the treatment of women. While the report will identify global trends and make recommendations that are applicable on an international level, the analysis conducted is based on a review of the following countries: Argentina, Bolivia, Brazil, Colombia, Indonesia, Kazakhstan, Kenya, Kyrgyzstan, Malawi, Mexico, Nigeria, Pakistan, Philippines, Sierra Leone, Thailand, The Gambia, and Venezuela. The report is structured into four main sections. First, this introduction will provide an overview of pertinent international standards and pulls together the key themes and recommendations in analyzing country-specific and regional responses to the COVID-19 situation. This is followed by a regional analysis of government responses in Asia, Latin America, and Africa. The regional summaries provide a brief overview of the regional standards of treatment of women in prison, analyze trends across the region noting similarities and differences between the countries, and discuss how the trends comply or diverge with legal standards while highlighting particularly good or bad practices. Furthermore, the report will provide best practice recommendations. Finally, appended to the report are summaries of the countries that were analyzed in preparation for this report based on the survey responses collected from the Vance Center’s network. 2. International Standards The UN General Assembly adopted the Rules for the Treatment of Female Prisoners and Non- Custodial Measures for Women Offenders (the “Bangkok Rules”) in December 2010.1 As the name implies, the Bangkok Rules explicitly address the different needs of women in prison and provide a comprehensive set of rights and protections for women prisoners and female prison staff. Additionally, the Bangkok Rules were the first international instrument to address the needs of children in prison with their parents. The basic principle of the Bangkok Rules provides that, “account shall be taken of the distinctive needs of women prisoners in the application of the Rules. Providing for such needs in order to accomplish substantial gender equality shall not be regarded as discriminatory.”2 Many measures implemented by prisons in response to the COVID-19 pandemic potentially interact with the rights and protections of women prisoners enumerated in the Bangkok Rules. For instance, Rule 5 provides that, “[t]he accommodation of women prisoners shall have facilities and material required to meet women’s specific hygiene needs, including sanitary towels, provided free of charge and a regular supply of water to be made available for the personal care of children and women,” while Rules 10 and 11 further provide for gender-specific healthcare measures.3 Additionally, Rule 26 instructs that, “[w]omen prisoners’ contact with their families, including their children, and their children’s guardians and legal representatives shall be encouraged and facilitated by all reasonable means.”4 The Bangkok Rules provide guidance on a wide range of aspects of the prison regime – 1 G.A. Res. 65/229, annex, the Bangkok Rules (Dec. 21, 2010). 2 Id., at Rule 1. 3 Id., at Rule 5, Rule 10-11. 4 Id., at Rule 26. EMEA 126717401 3 healthcare, rehabilitation programs, the training of prison staff and visiting rights – all of which are potentially implicated by various measures implemented in response to the coronavirus crisis.5 Although they apply more broadly, the following international standards also take into account the particular needs of female prisoners. The Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”) Rule 26.4 provides, “[y]oung female offenders placed in an institution deserve special attention as to their personal needs and problems. They shall by no means receive less care, protection, assistance, treatment and training than young male offenders. Their fair treatment shall be ensured.”6 The Commentary to Rule 26.4 of the Beijing Rules addresses “the fact that female offenders normally receive less attention than their male counterparts” and calls for “special attention to [female offenders’] particular problems and needs while in custody.”7 The United Nations Standard Minimum Rules for the Treatment of Prisoners (the “Nelson Mandela Rules”) are often regarded by states as the primary source of standards relating to treatment in detention, and are the key framework used by monitoring and inspection mechanisms in assessing the treatment of prisoners.8 Particularly relevant to the COVID-19 response as it relates to women in prison, Rule 45 of the Nelson Mandela Rules provides: “Solitary confinement shall be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority… The prohibition of the use of solitary confinement and similar measures in cases involving women and children, as referred to in other United Nations standards and norms in crime prevention and criminal justice, continues to apply.”9 Finally, also relevant are the United Nations Standard Minimum Rules for Non-Custodial Measures (the “Tokyo Rules”), which exist “to promote the use of non-custodial measures” and directs Member States to “develop non-custodial measures within
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