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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
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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
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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
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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
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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
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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
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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
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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
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[...]... 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
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