Free download from www.hsrcpress.ac.za Free download from www.hsrcpress.ac.za Free download from www.hsrcpress.ac.za First published in South Africa by HSRC Press Private Bag X9182, Cape Town, 8000, South Africa www.hsrcpress.ac.za Published for distribution in the United States by Ohio University Press Ohio University Research in International Studies Global and Comparative Studies Athens, OH 45701 www.ohioswallow.com Executive Editor: Gillian Berchowitz © 2008 Human Sciences Research Council First published 2008 The views expressed in this publication are those of the authors. They do not necessarily reflect the views or policies of the Human Sciences Research Council ('the Council') or indicate that the Council endorses the views of the authors. In quoting from this publication, readers are advised to attribute the source of the information to the individual author concerned and not to the Council. Copyedited by Lee Smith Typeset by Robin Taylor Cover design by Jenny Young Cover photo copyright Mikhael Subotzky/Magnum Photos Print management by comPress Distributed in Africa by Blue Weaver Tel: +27 (0) 21 701 4477; Fax: +27 (0) 21 701 7302 www.oneworldbooks.com Distributed in Europe and the United Kingdom by Eurospan Distribution Services (EDS) Tel: +44 (0) 20 7240 0856; Fax: +44 (0) 20 7379 0609 www.eurospanbookstore.com Worldwide, except the United States ISBN 978-0-7969-2206-9 In the United States ISBN-10 0-89680-265-5 ISBN-13 978-0-89680-265-0 Free download from www.hsrcpress.ac.za Contents Tables and figures viii Acknowledgements ix Acronyms and abbreviations x 1 An overview of human rights in prisons worldwide 1 Jeremy Sarkin The importance of prison research 1 Why this book? 4 Rising global prisoner numbers 9 Are states with high prisoner populations more punitive? 10 The historical context 12 Conditions and overcrowding 14 Resources and prison governance 20 Awaiting trial detention 22 Women 24 Children 26 Rehabilitation 27 Alternative sentencing 29 The role of the African Commission on Human and Peoples’ Rights 30 The Special Rapporteur on Prisons and Conditions of Detention in Africa 32 Prison reform in Africa 34 Conclusion 37 2 A brief history of human rights in the prisons of Africa 40 Stephen Peté The pre-colonial period 40 The Atlantic slave trade 43 The colonial period 44 The post-colonial period 52 Conclusion 60 3 Challenges to good prison governance in Africa 67 Chris Tapscott International norms 68 Towards administrative reform of prisons in Africa 70 The promotion of self-sufficiency 71 The management of healthcare in prisons 72 Overcrowding and prison design 73 The management of children and youth 74 Free download from www.hsrcpress.ac.za Rehabilitation programmes 75 Human resource management 76 Independent oversight of prison administration 79 Conclusion 80 4 Overcrowding in African prisons 83 Victor Dankwa Problems caused by overcrowding 84 Causes of overcrowding 85 Overcrowding figures for some African prisons 88 Measures of hope 88 Conclusion 90 5 Pre-trial detention and human rights in Africa 93 Martin Schönteich International standards and guidelines 94 African standards and jurisprudence 95 African resolutions and declarations on pre-trial detention 97 Pre-trial detention and imprisonment in Africa 99 Pre-trial detention as a human rights issue 104 Developing solutions 111 Conclusion 114 6 Children in African prisons 117 Julia Sloth-Nielsen The prevalence of children in African prisons 117 International standards applicable to children in prisons 119 Prison conditions in practice 122 Positive aspects of African approaches to incarceration 126 Children of imprisoned mothers 128 Conclusion 130 7 The imprisonment of women in Africa 134 Lisa Vetten The imprisonment of women across the African continent 135 What leads to women being imprisoned? 144 Other institutions that are prison-like in nature and effect 148 Marriage, sex and women’s imprisonment 149 Conclusion 152 Free download from www.hsrcpress.ac.za 8 Rehabilitation and reintegration in African prisons 155 Amanda Dissel Defining rehabilitation and reintegration 155 Regional instruments 159 Legislation and policy frameworks 161 The practice of rehabilitation and reintegration in African prisons 162 The impact of rehabilitation and reintegration services on prisoners 172 Conclusion 175 9 Alternative sentencing in Africa 178 Lukas Muntingh The framework for and origins of alternative sentencing in Africa 179 Alternative sentencing and prison overcrowding 184 Proportionality and interchangeability of sanctions 190 Social conditions and alternative sentencing 191 Alternative sentencing in the broader system of governance 193 The future of alternative sentencing in Africa 198 Conclusion 200 10 The African Commission’s approach to prisons 204 Rachel Murray The role of international institutions in assessing prison conditions 204 Visits by the Special Rapporteur 206 Standards adopted by the Commission with respect to prison conditions 211 Conclusion 216 Contributors 224 References 226 Index 247 Free download from www.hsrcpress.ac.za viii Tables and figures Tables Table 7.1 Women’s imprisonment as a percentage of the total convicted prison population in African countries 136 Table 9.1 Level of prison overcrowding for selected African countries 184 Table 9.2 Imprisonment rates in Africa per region 185 Table 9.3 Proportion of unsentenced prisoners as percentage of total prison population 187 Table 9.4 Sentence profile of the South African prison population as at 30 November 2004 188 Table 9.5 Sentence profile of sentenced prisoners admitted in 2004, South Africa 189 Figures Figure 5.1 Incarceration and pre-trial detention rates per 100 000 of the population, regional averages, 2005 100 Figure 5.2 Ten highest prison occupancy rates in the world, by country, 2005 101 Figure 5.3 Proportion of prisoners in pre-trial detention, by African sub-region, 2005 102 Figure 5.4 African regional incarceration and pre-trial detention rates per 100 000 of the population, 2005 103 Figure 5.5 Ten highest African national pre-trial detention rates, 2005 104 Free download from www.hsrcpress.ac.za ix Acknowledgements This book emerges out of a process, begun in 2005, during which the idea of putting together a book focused on prisons in Africa was conceived. However, to find contributors willing to write on human rights issues in prisons throughout the continent was far more easily conceived of than done. While there are many researchers interested in prison issues in Africa, few examine the issues on a continental basis. There is good reason for this: getting information and access to prisons in many African countries is extremely difficult and as a result there is generally little or no information available on prison issues for many parts of Africa and very few publications exist. Certainly there was the impression at the beginning of the project that this is an ambitious one, and that it would be difficult to generalise about Africa. But, because this was an original project with nothing comparable to it, and something which was sorely needed, the contributors were keen to come on board and expand on the existing scant research on prison issues in Africa. The contributors therefore need to be thanked for their efforts. Hopefully the chapters will inspire further research and debate on issues in African prisons. I would like to thank my home institution, the University of the Western Cape, in Cape Town, South Africa and the Fletcher School of Law and Diplomacy at Tufts University in Medford Massachusetts, USA, where I am Visiting Professor of International Human Rights from September 2006 to June 2008. I would also like to thank the Law School at Washington and Lee University in Lexington, Virginia, who appointed me Scholar-in-Residence from January to April 2006. The then Director of the Law Center, Professor Blake Morant, and Administrator Terry Evans were extraordinary in their hospitality and assistance to me and my family. I thank them enormously. The months I spent there gave me a considerable amount of time to research and write. I had access to a superb library, where the staff assisted me, above and beyond the call of duty, to work on this project. I also want to thank the following people whose assistance was invaluable: Yousri Omar and Stephanie Yost at Washington and Lee University, and Amy Cook and Sara Ribeiro at the Fletcher School at Tufts University. The HSRC Press has been wonderful to work with, and I am indebted to them for their professionalism. Finally, I would like to thank my family, Rosanne, Eryn, and Hannah for their love and support. Jeremy Sarkin Boston October 2007 Free download from www.hsrcpress.ac.za x Acronyms and abbreviations ACHPR African Commission on Human and Peoples’ Rights AU African Union CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CESCA Central, Eastern and Southern African Heads of Correctional Services CPT (European) Committee for the Prevention of Torture CRC (UN) Convention on the Rights of the Child DCS Department of Correctional Services (South Africa) ECHR European Convention on Human Rights ICPS International Centre for Prison Studies MDGs Millennium Development Goals NCCS National Committee on Community Service NEPAD New Partnership for African Development NGO non-governmental organisation NIS National Integrity Systems NORAD Norwegian Agency for International Development Co-operation OAU Organisation of African Unity PID pelvic inflammatory disease PRI Penal Reform International SMR Standard Minimum Rules for the Treatment of Prisoners STD sexually transmitted disease UNICEF United Nations Children’s Fund UNODC United Nations Office on Drugs and Crime Free download from www.hsrcpress.ac.za [...]... situation in African prisons, and to show how the regional human rights system is dealing with human rights concerns in these prisons 4 AN OVERVIEW OF HUMAN RIGHTS IN PRISONS WORLDWIDE Free download from www.hsrcpress.ac.za A review of the literature on prisons around the world yields an abundance of work focusing on North America and Europe, with very little scrutiny of the other continents Prisons in Africa,... rise in inmate population numbers Issues in criminal justice, human rights and other related disciplines are no longer pertinent only for the nation state, but have major global implications for the international community In this context, prisons offer a critical field of research as they concern a state’s most intrusive and extensive powers to curb individual human rights Prison 1 HUMAN RIGHTS IN AFRICAN. .. Organisation of African Unity (OAU) to develop an integrated socio-economic development framework for Africa The New Partnership for African Development (NEPAD) framework was adopted by the OAU in 2001 NEPAD seeks to address Africa’s under-development and marginalisation in a number of ways, including by promoting and protecting 5 HUMAN RIGHTS IN AFRICAN PRISONS democracy and human rights in African countries... the nineteenth century (Killingray 2003), when the colonial powers began using incarceration as a means of subjugating the indigenous populations Southern Africa, however, was an exception as prisons emerged at the beginning of the nineteenth century, much earlier than the rest of the continent Prisons began appearing all over the continent 12 AN OVERVIEW OF HUMAN RIGHTS IN PRISONS WORLDWIDE as administrative... south and in African countries in particular do not always have sufficient resources to undertake investigations into human rights issues or are unwilling to do so for fear of government responses Governments have often restricted the media, limiting their work and intimidating or confining journalists Most human rights organisations in African countries also have limited resources, inhibiting their ability... in Africa, adopted in 1997; the Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, adopted by the African Commission in 2002; the Ouagadougou Plan of Action, adopted in 2002; and the Principles and Guidelines on the Rights to a Fair Trial and Legal Assistance in Africa, adopted in 2003 23 HUMAN RIGHTS IN. .. scarcely surprising that these, too, have increased (quoted in Steinberg 2005) All around the world the causal connection between prison overcrowding and the increase in disease has been noted A 1998 report on prisons in the former Soviet states causally linked overcrowding and high degrees of disease, and similar findings have been reported in prisons in Russia and Brazil (Weiler 2004) Prisons are often... crimes in the US more often result in fatalities Interestingly, the increasing prisoner rate in the United States has not had an effect on the occurrence of crime (Blumstein 2002) While there has been a dramatic increase in those confined in the United States for drug offences, prison and the threat of incarceration have not made a dent in drug selling or usage (Blumstein 2002) Another factor contributing... rooted in ethnic or cultural identity, thus segregating and oppressing similarly situated groups of people 13 HUMAN RIGHTS IN AFRICAN PRISONS Conditions and overcrowding Throughout the chapters in this book, the subject of overcrowding in African prisons pervades the discussion The chapter by Victor Dankwa is specifically devoted to the question of overcrowding Free download from www.hsrcpress.ac.za Prisons. .. and an increase in a retributionist philosophy (Walmsley 2003: 71) This mindset has not only resulted in harsher sentences, but also in a dramatic increase in the number of incarcerations around the world There are undoubtedly enormous benefits to a society as a whole when there is adherence to human rights standards in prisons Such compliance is more likely to 2 AN OVERVIEW OF HUMAN RIGHTS IN PRISONS . issues in African prisons, to provide a detailed consideration of the situation in African prisons, and to show how the regional human rights system is dealing with human rights concerns in these. restricted the media, limiting their work and intimidating or confining journalists. Most human rights organisations in African countries also have limited resources, inhibiting their ability to. researchers interested in prison issues in Africa, few examine the issues on a continental basis. There is good reason for this: getting information and access to prisons in many African countries