A COMAPARATIVE STUDY OF PRISON SYSTEMS IN AFRICAN COUNTRIES By OLUYEMI ADETUNJI STEPHENS Submitted in accordance with the requirements for the degree of Ph.D in CRIMINAL JUSTICE SYSTEM in the subject CORRECTIONS MANAGEMENT AT THE UNIVERSITY OF SOUTH AFRICA April 2018 PROMOTER: PROF CH CILLIERS DECLARATION I declare that A comparative study of prison system in African countries is my own work and that all sources I have used or quoted have been indicated and acknowledged by means of complete references . Signature…………………………… Date………………………………………….. i Dedication This thesis is dedicated to the Almighty God who has being and is still faithful and gracious. His mercies endure forevermore. He has and stills my pillar of strength, my rock of defense and ever present of help in times of need. ii Acknowledgement I wish to acknowledge the Almighty God for His abiding presence, His grace and mercy for helping me throughout the course of this study. Without the Almighty God this thesis will not be a reality. I wish to acknowledge and appreciate my supervisor and mentor Professor CH Cilliers. Prof Cilliers is not only my supervisor, he is my father, an erudite scholar, an academic per excellence. His contribution to the realization of having a Ph.D in Criminal Justice System with specialization in Corrections Management cannot be quantified. He is always ready to listen and offer quality advise. Many a times my heart will be so heavy before I get to him but immediately I get to his office and pour out my heart, his words of encouragement and guidance lifts up the burden in my heart. I appreciate all your quality and valuable contributions towards the journey that culminated in the completion of this thesis. I will always be in touch with you to drink from your fountain of knowledge and God willing transfer the knowledge I have acquired from you to upcoming researchers. Furthermore, I will like to sincerely appreciate the support, encouragement, love and prayers of my wife Margaret Olayinka Stephens. You have always stood by me and moreso in the course of this second ‘Ph.D missionary journey’ you did not leave me alone to it. Whether you were here in South Africa or in Nigeria you are always asking about the progress of the study. I pray God will preserve us and make a way such that I can have a good opportunity to use the qualification to reward you support. I also want to acknowledge the sacrifice and understanding of our Generals Temitope, Oluwafeyisayo, Obaloluwa and Titobilouwa. Many a times you ask the question ‘Daddy where are you going again? Are you not going to stay with us?’ Such questions are borne out of love and the need for attention. I apologise for the absence but by the grace of God, the benefits of the absence which is culminating into this qualification will be far greater than the absence in Jesus name. I love you with the whole of my heart. For my siblings back in Nigeria and Canada, I appreciate your support and prayers. I want to acknowledge Dr Judith Mateota, the former COD of Corrections Management,College of Law, UNISA, she was the one who agreed to supervise the thesis, she actually started with me but had to move on to greater heights. She handed me over to Prof Cilliers who incidentally was her own supervisor. For all your efforts, I say thank you. I must also acknowledge my ‘mum’, Professor Emeritus NM Nel of the Department of Psychology of Education who was my mentor during my Post -Doctoral Fellowship at the Department of Psychology of Education, College of Education UNISA. In the course of this study she was always asking about my progress. Your mentoring and prayers has helped me a lot. It is noteworthy to mention my special people, my friends behind the bars all over the world and especially in Nigeria, you are the main motivating factor for embarking on this ‘second Ph.D missionary journey’. Though I am absent in the body, my spirit is always with you. I hope sincerely that government and stakeholders in the criminal justice system all over the world iii and in Africa especially will rise up to the challenge of making our prisons to truly be a rehabilitation and correction centre Oluyemi Adetunji Stephens Ph.D April,2018 iv Summary The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries. As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards. The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data. The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries v in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court. The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care.