Newsletter of African Women Corrections Association April-May 2010 edition, email:
Main Story
Mary Gahonzire, Head, Rwanda National Prisons
Special Focus
Draft of New, Additional, UN International Standard Rules on Women, Babies and Children in Prisons
Other News
* Libyan Prisons gets assistance from UK Government * Mozambique Prisons and ICPS training
* East Africans inaugurate Correctional body * Swaziland Prisons first female Commissioner
* Eunice wins at Kenya Prison’s Competition * Male inmate found in Uganda female Prison
* HIV and Annal Sex in Malawi Prisons * Zambia Prisons lauded for fighting AIDS
* Non Custodial sentencing in South Africa * Ghana Supreme court upholds Prisoners rights to vote
* Red Cross assist in Senegal’s Prisons Reform *Nigeria, needs non custodial Sentencing.
* Award in Honour of Gibbie Nawa * Opportunities to visit UK, Belgium & USA Prisons * Your Letters, Forthcoming events,Jobs and More!!!
EAC heads of prisons/correctional services hold inaugural meeting in Arusha
Meeting identifies seven broad areas for the regional cooperation
SOURCE; East African Community (EAC)
African Correctional Commissioners Mr Choana, Comm, Malawi .Col Moltalgeski, Comm, Botswana Pics at ACSA(Not EAC) Meeting
ARUSHA, Tanzania, March 10, 2010/African Press Organization (APO)/ — The inaugural meeting of the EAC Heads of Prisons/Correctional Services ended today at the Naura Springs Hotel in Arusha, Tanzania. The inaugural meeting was attended by Mr. Augustino N. Nanyaro, the Principal Commissioner of Prisons, Tanzania Prisons Services; Ms. Mary Gahonzire, Commissioner General, Rwanda’s National Prisons Services; Mr. Deogratias Suzuguye, the Director General Penitentiary Administration Burundi; Dr. Johnson O. R. Byabashaija, Commissioner General of Uganda Prisons Service; and Mr. Isaiah M. Osugo, Kenya’s Commissioner of Prisons.Also present were the EAC Deputy Secretary General (Political Federation), Hon. Beatrice Kiraso, senior officers from the EAC Secretariat and other senior staff from the Prisons/Correctional Services from the Partner States.
Welcoming delegates to Arusha, the Deputy Secretary General, Hon. Beatrice Kiraso commended the Prisons/Correctional Services Department for the positive contributions they render to the societies they serve, remarking that in addition to the custodial duties, Prison Services have the responsibility to build up and maintain close relationships with those in their charge, adding that “this was a complex challenge, balancing authority with a large amount of understanding and compassion”.She informed the delegates that in the context of the EAC integration, previously all issues pertaining to Inter State Security were handled by the Defence sector. However, borne of the realisation that there were security issues that do not lie under the Defence portfolio the Council of Ministers’ moved to form the Sectoral Council on Inter State Security to handle the wider issues of security.The Heads of Prisons/Correctional services commended the EAC Secretariat for convening the meeting and for recognising Prisons Services as an important institution in the EAC integration process and were agreed that the forum would greatly enhance opportunities for exchange of information, experience, training and knowledge transfer among themselves and the EAC Secretariat.
The meeting identified seven broad areas for cooperation, namely;1. Governance and management framework, which is to entail the establishment of common standards on the governance and management of the Services, in view of regional and global mandates pertaining to Correctional Services and the dictates of the EAC regional environment;
2. Technical Cooperation involving identification of common operational matters that would need the establishment of frameworks, approaches and methodologies for joint action, particularly in the current penal reform agenda;
3. Human Resource Development (HRD) with the objective to establish standards for HRD within the Services;
4. Education and Training i.e. developing training programmes for Correctional personnel to build the overall management capabilities within the Prisons/Corrections terrain;
5. Research and Data Collection i.e. facilitating cross regional information exchange and the enhancement of regional standards, policies and practices within the sector through research and the collation of data on prison population, facilities, financial resources and personnel;
6. Learning and Knowledge Exchange by identifying and collating best practice experiences for sharing; and lastly
7. Confidence building measures: The historical perspectives of the first East African Community and the negative consequences that later followed after its break up make confidence building a necessity in the processes of the EAC integration with its ultimate goal of Political Federation.
The meeting recommended that an experts working group meeting be held to work out an elaborate and detailed plan of action for implementation of the identified areas of cooperation within the next two months.The meeting also recommended that a Prisons/Corrections Sectoral Liaison Office be established at the Secretariat to coordinate the activities of the Prisons/Correctional Services; and that Prisons/Correctional Services be provided for when amending the EAC Treaty.The delegates noted that compared to other agencies under the Inter State Security Sector, Prisons Services were behind schedule in the EAC integration process and urged the Secretariat to organise more frequent engagements.Hon. Kiraso invited the Heads of Prisons to attend the Sectoral Council on Inter State Security scheduled for 13-16 April 2010 in Bujumbura, Burundi that will culminate in the destruction of Small Arms and Light weapons as a symbol of African Union Year of Peace 2010.
HIV cases increase in Malawi prisons with anal sex practices
Source;Nyasa Times, Published: March 3, 2010
Inmates at an overcrowded Malawian Prison
There are more than 2,000 inmates who are HIV positive in Malawi overcrowded prisons with some of them on antiretroviral drugs as reports of homosexuality activities are reported to be on increase.Assistant HIV and AIDS Coordinator for Malawi Prison Service, Aswell Kachidowo said Chichiri prison has more than 300 prisoners who are HIV positive.
However, Kachidowo stressed that the figure represents the number of inmates who were screened.The Prison official said there might be many of HIV cases in the jails because some inmates have not come out open on their status.On the challenges faced by HIV positive prisoners, Kachidowo said that nutrition of prisoners in is generally grossly inadequate.He conceded that there are serious nutritional deficiencies among inmates and particularly HIV positive prisoners.
But Kachidowo saluted Centre for Human Rights, Education Advocacy and assistance for donating plump nuts to HIV positive inmates.The organisation executive director, Victor Mhango said his organisation donated the items “in order to lessen the nutrition deficiencies faced by the prisoners.”
Conditions in Malawian prisons are extremely poor.According to human rights campaigners, inmates suffer conditions which are generally poor; in some cases these amount to deliberate cruel, inhuman or degrading treatment.At the Maula Prison in Lilongwe, Malawi, inmates reportedly sleep on the floor, so tightly packed that they turn only when a designated prisoner wakes them to do so en masse.
According to a research conducted by Panel Reform, although many prisoners come into custody already infected with HIV, there is evidence that HIV transmission in prison is a problem, especially at Zomba Central Prison.“Only a very few prisoners said that their main concern was that HIV was transmitted through shared razor blades and toothbrushes.”
Most prisoners and Prison officers acknowledged that homosexual activity was common and that this was the main method of transmitting HIV within prison.Homosexual activity involves anal sex.“Furthermore although some prisoners felt uncomfortable in discussing issues pertaining to homosexual activity, most were very open about it. We are also sure that there was no misunderstanding involved,” reads a Panel Reform research find
Mozambique and ICPS Trainings
Source; ICPS,UK
Prison and Police officials in Mozambique were trained last October on promoting human rights approaches to detention management in Mozambique's police cells and prisons. The course, which was the second training of trainers event, was funded by the British High Commission and delivered by Professor Rob Allen, Director of the Prison Studies Centre at King's College London.
The High Commissioner Andrew Soper attended the opening session of the training course and took the opportunity to explain to the National Police Commander and the Minister of Justice the importance of a human rights perspective in prisons. The High Commissioner also encouraged the Government of Mozambique to ratify the Optional Protocol to UN's Convention against Torture and to adhere to UNCAT principles.
The first course was held in 2007 and was based on a manual prepared by the Prison Studies Centre (funded by the FCO). The course targeted prison directors from Mozambique's provincial prisons.
During the second course, the trainer and BHC staff had the opportunity to visit prisons and police cells, where they realised that the design of police cells does not comply with international standards. They also noted that detention centres were dangerously overcrowded.
Project impact on Mozambique’s detention policy
Mozambique's Justice Ministry is streamlining prison reform and investigating alternatives to imprisonment. BHC has been asked to assist with this approach by providing UK expertise.
BHC has worked with other donors on the need to improve the prison infrastructure. Consequently, the EU human rights working group, including relevant UN agencies and other likeminded donors, invited the National Director of the Prison Service to explain the sector's problems, strategies and policies. The BHC has lobbied the Ministry of Interior to align police cells' design with international standards.
Human rights watchdogs have noted a reduction in the reported cases of torture, and other forms of inhuman and degrading treatment in Mozambique prisons. As a result of the training, officials from the NationalPoliceSchool and PoliceAcademy have pledged to mainstream the content of the Training Manual in their curricula.
Georgina Woods, CJ, Ghana
Source:March, 2010, Daily Graphic/Ghana
African Landmark and Precedent Judgement: Ghana Supreme Court Upholds Prisoners Rights to Vote
The Supreme Court of Ghana, in a landmark decision Tuesday, gave the nod to more than 13,586, remand and convicted prisoners in the country to exercise their franchise.To cement its decision, the court directed the Electoral Commission (EC) to come out with a Constitutional Instrument (CI) to create the legal framework that will facilitate the inclusion of prisoners in the voters register for the next general election.
The court, presided over by the Chief Justice, Mrs Justice Georgina Theodora Wood, in a unanimous decision, upheld an application filed on behalf of remand and convicted prisoners by two legal practitioners, Messrs Ahumah Ocansey and Kojo Graham of the Centre for Human Rights and Civil Liberties (CHURCIL). The two had, in separate suits which were consolidated by the court on November 12, 2009, prayed the court to declare as null and void sections of PNDC Law 284 which barred remand and convicted prisoners from voting.
Joined in the suit were the Attorney-General and the EC.The A-G's Department had opposed the suit on the grounds that the reliefs being sought by the two lawyers were against the public interest, while the EC had prayed the court to exclude it from the suit. The court, however, disagreed.
In a three-and-a-half-hour ruling, the court, which had Dr Justice S. K. Date-Bah, Ms Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice Annin Yeboah as its members, ruled that, The 1992 Constitution, per Article 42, grants all citizens of Ghana who are 18 years and above and are of sound mind the right to be registered to enable them to vote in all public elections and referenda.
"This right extends or includes all convicted prisoners, irrespective of the provisions of Section 7 (5) of the Representation of the People's Law, 1992, (PNDC Law 284) which imposes a residency requirement or qualification under which convicted prisoners were deemed disqualified."
It, therefore, declared as void Section 7 (5) of Law 284, since it was inconsistent with Article 42 of the 1992 Constitution.
It further stated that to avoid chaos and hasty decisions, it was imperative for the EC to come up with rules and regulations to regulate the registration exercise.
"This is to ensure that such an exercise is efficiently and effectively managed, controlled and directed to operationalise the registration of prisoners to enable them to vote in future elections and referenda such as will ensure harmonious interface with the Prisons Service Act 1972 NRCD 46 and all the other relevant stakeholders," the court held. "Even for those who attempt to derail the democratic process, voting remains an important means of teaching them democratic values," the court pointed out.
It commended the two legal practitioners "for taking up this important constitutional case on behalf of prisoners and for the industry they put into this work, which was done pro bono".
According to the court, it could not overlook the crucial role played by the two lawyers who advanced the frontiers of human rights law in Ghana's justice system free of charge to prisoners.
AWCA Editorial comment: A worthy precedent that needs adoption in other African Countries.
Man spends two nights in Luzira women prison, Uganda
Source: Charles Ariko , new vision online newspaper of Uganda Thursday, 18th March, 2010
PRISON authorities are investigating circumstances under which a man spent two days in Luzira Women’s Prison ward. `
The man identified as Brian Ayebale alias Patience Birungi was on March 12 was charged with impersonation at Kampala City Hall Court and remanded to Luzira Women’s Prison as a ‘woman.’
At the time of arrest, Ayebale had plaited hair and was dressed in skin-tight female leggings.
He reportedly identified himself to the Police as Patience Birungi.
He was remanded with 21 suspected prostitutes who had been rounded up in an operation on Kampala streets by the Police.
A source said on arrival at Luzira, Ayebale was given a loose fitting female prison uniform, which helped hide his bosom.
The source added that Ayebale’s behaviour on the first day was tolerated by other inmates and interpreted as being some kind of withdrawal that is normally associated with first-time inmates.
“During the day, he would sit alone by the fence. When he continued this behaviour, it made other inmates suspicious that he was planning to escape,” the source said.
The source added that on some occasions Ayebale was caught peeping at naked inmates with whom he was sharing the same ward.
“Because of congestion and the heat, most of the women prefer to sleep naked at night,” the source said.
The source added that the inmates became more suspicious whenever Ayebale refused to bathe with them, feigning sickness.
Their suspicions prompted the other inmates to alert the prison warden.
The warden is reported to have summoned Ayebale and ordered him to be thoroughly searched, only to discover that he was male.
He has since been transferred to Murchison Bay Prison where male suspects are held.
The discovery that Ayebale was a man is said to have drawn mixed reactions from the women.
Some reportedly said they missed a chance to have sex since they were serving long sentences with no hopes of returning to their homes soon to meet their male partners.
Others became furious that a man had for two nights been seeing their nakedness and sharing in their secrets.
Prison decongestion:100 prison inmates regain freedom
Inmates in Nigerian Prison, interviewed for Release
Sourced from: The Sun Newspaper of Nigeria . By ANDY ELEREWE, Abuja .Thursday, March 25, 2010.
No fewer than 100 prison inmates yesterday regained freedom at the Keffi Prison, Keffi, Nasarawa State after a civil society organisation (CSO), Global Network for Peace and Anti-Corruption Initiative (GNAI) paid their various fines.GNAI said the gesture is part of its Prisoners Reorientation Programme, (PRP), where a total of 1000 inmates in various prisons nationwide whose convictions have minimal options of fines but could not afford to pay, would be assisted to regain their freedom.
Speaking with journalists shortly after signing the prisoners’ release documents in Keffi, the President of GNAI, Vera Johnson, explained that the programme, which is currently in its third phase, also include a rehabilitation phase where the freed prisoners would be taught different skill acquisitions that would guaranty their self-reliance and enable them carry-on with their lives. She said PRP was borne out of the overwhelming need to reduce prison congestion in the country as well as the high rate at which prison inmates become more dreadful while in prison.
Johnson further noted that it was a total violation of fundamental human right for prison inmates, especially those with minimal fine options to be deprived of rights to regain their living, adding that the government should have a system whereby such people would be made to work while in jail to pay off their fine. “The prisons are seriously in need of rehabilitation. They are very congested, you need to visit them. So in our own thinking, while would the government continue to keep people who could still be very useful to themselves and their families? Especially when there is no any form of rehabilitation programme worked out for them.
“We have prisoners who had mild issues and were giving a four-year jail terms with options of N10,000 fines, how do you explain such situation? So this is why we have embarked on this. Our next point is Kuje prison. We started earlier in the year and already 50 inmates have been freed so far. The programme is not limited to Abuja as we would be visiting prisons in the core North then later in the year, the southern part of the country.
“It is bad that our prison yards have become breeding grounds for criminals. It is also very sad, how people rot in jail all in the name of awaiting trial. Our judges must sit right, and expedite the processes of delivering justice in the country. There are still too many cases lingering while people continue to suffer unduly.”
GNAI, however, said due to limited resources available to execute the PRP only those whose options of fine are very minimal when compared to the years they are serving would benefit from the programme.