Narrating Prison Experience is an astute and brilliant assessment of the relationship between the tradition of African letters and the preponderance of state tyranny. Characterized by conceptual depth, elegance, gravity, and clarity, this timely and unique text brings into sharp relief instances of the prison writing of political prisoners in Africa in the colonial and post-independence periods.
Using prison narratives from Kenya as its focal point, the book judiciously demonstrates how writing for political prisoners constitutes reaffirmation of self and nation. Sign In Help. Community Creator Publisher Event Bookstore. Common Ground Research Networks.
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Colonial and Post-Colonial Incarceration
Date Range:. Even in centralized states that did establish prisons, the goal of incarceration remained to secure compensation for victims rather than to punish offenders. While imprisonment-as-punishment did not take root in Africa until the late s, 5 there were two exceptions to this characterization. First, prisons were used in connection with the Atlantic Slave Trade.
Even when the colonial powers arrived in Europe, they utilized imprisonment not as a means by which to punish the commission of common crimes but rather to control and exploit potentially rebellious local populations. Therefore, Africa's earliest experience with formal prisons was not with an eye toward the rehabilitation or reintegration of criminals but rather the economic, political, and social subjugation of indigenous peoples.
It was in these early prisons that even minor offenders were subjected to brutal confinement and conscripted as sources of cheap labor. Africa's late 19th century prisons were not merely catchbasins for the victims of colonial oppression, they were also manifestations of European racial superiority.
European settlers and conquerors looked upon African people as subhuman, savages who were unable to be "civilized. Torture and capital punishment were legitimized among Europeans by the characterization of Africans as uncivilized, infantile, and savage. Yet, despite the connection of prison brutality to the racist and colonial policies of the late s, penal oppression persists at an alarming rate and appalling depth in postcolonial Africa. Moreover, attendant issues such as underdevelopment, dependence on foreign aid, political oppression, and human degradation continue to plague the continent despite the decades-old withdrawal of colonial powers.
Within prisons, overcrowding, failing infrastructure, corporal and capital punishment, corruption, extended pretrial detention, gang culture, and inadequate attention to women and youth evince a startling lack of reversal notwithstanding the departure of Africa's penal architects over 40 years ago. As the history of the African prison makes clear, incarceration was brought to the continent from Europe as a means by which to subjugate and punish those who resisted colonial authority. The employment of corporal and capital punishment to stifle political oppression was the central aim of Africa's first prisons.
In light of this genesis then, it is hardly a surprise that present-day African prisons fail to meet their stated goals of rehabilitation and indeed persist in fulfilling the aims and committing the abuses set in motion centuries ago. Before analyzing the plight of African prisoners, it is worth exploring the circumstances of African detainees. The reason for this diversion is that a large proportion of the prison population in African states is comprised of individuals awaiting trial and conviction. For example, two-thirds of the 18, inmates in Uganda have yet to be tried.
Despite the claim of having some of the world's most overcrowded prisons, African prisons hover near to global average for pretrial detainees. The average of prisoners awaiting trial in Africa is 45 per , while the global rate is 44 per , Pretrial detention in and of itself does not constitute a violation of human rights, provided that it takes place under the proper conditions, for a short time, and as a last resort.
While statistics on the duration of pretrial detention in Africa are difficult to obtain, evidence suggests that waits are longest in Central and West African nations and that such detention is usually arbitrary, extensive, and under terrible conditions. Moreover, it is not only the detained that suffer as a result of extensive pretrial detention; prisons themselves feel the burden of high detention rates. For example, nearly the highest rate of pre-trial prisoners in prison in the world is found in Liberia 97, 3 percent , second highest in the world is Mali with 88,7 percent, Benin is 4th with 79, 6 percent and Niger 5 th with 76 percent.
Such reform has been proposed by the African Commission on Human and Peoples' Rights, which has issued several documents containing guidelines for effective pretrial hearings. While such documents hold the promise of "good practices"to come, much more needs to be done to alleviate the arbitrary, disparate, and inhumane treatment of pretrial detainees in Africa. African prisons conditions: overcrowded and under-resourced. Overcrowding is perhaps the single most pressing concern facing African prisons.
African nations such as Cameroon, Zambia, Burundi, Kenya, and Rwanda comprise the majority of the world's most overcrowded prisons. African prisons have been at or above capacity nearly since their inception. Given the many challenges facing postcolonial Africa, it is little wonder that prisons have been left off the endless development to-do lists of many postcolonial governments. Prior to examining the size of the prison population in Africa, a word must be said about the physical conditions in which such populations are maintained.
It should come as no surprise that prisons throughout Africa languish in disrepair. The buildings are old, poorly ventilated, with inadequate sewage systems. Such conditions are ripe for the transmission of communicable diseases. Prisoners often lack space to sleep or sit, hygiene is poor, and food and clothing are inadequate. In Africa, resource scarcity at several levels of the justice system results in prison overcrowding.
For example, while African prisons may not house as many prisoners as their counterparts in other parts of the world, the shortage of police and judges has been credited with the surging prison population. African prisons at times house "crowded cells where inmates sleep in shifts; While many African prisons do not suffer from such extreme violence and health problems, the presence of these trends in any prisons raises concern.
In condemning the conditions of African prisons, journalist Michael Wines argued in that:. Black Beach Prison in Equatorial Guinea is notorious for torture. Food is so scarce in Zambia's jails that gangs wield it as an instrument of power. Congo's prisons have housed children as young as 8. Kenyan prisoners perish from easily curable disease like gastroenteritis.
Approximately one in 60 inmates in Malawi's Maula prison dies while serving his or her sentence as compared to one in in the United States. While there is no excuse for the inhumane conditions in which African prisoners dwell, it bears mention that such circumstances must be placed in context of the overall deprivation present throughout the continent. With poverty being the norm for far too many Africans, it is unsurprising that poor living conditions continue behind prison walls.
Yet the African Commission on Human and Peoples' Rights persists in its condemnation of the state of African prisons:. The conditions of prisons and prisoners in many African countries are afflicted by severe inadequacies including high congestion, poor physical, health, and sanitary conditions, inadequate recreational, vocational and rehabilitation programmes, restricted contact with the outside world, and large percentages of persons awaiting trial, among others.
While health data from African prisons is not as readily available as it is in the United States, evidence suggests that the trends are similar. Research by scholars and NGOs indicates that disease is more prevalent among African prison populations as opposed to free populations. In addition to disease, African prisoners also suffer disproportionately from abnormal deaths. In , for example, at least Ghanian prisoners died of malnutrition and diseases resulting from lack of sanitation and overcrowding.
Notwithstanding the threats to security and safety posed by overcrowding, African courts have been slow to enforce prisoners' rights to sufficient space. Instead, courts focus upon the time inmates spend behind bars, the level of ventilation in cells, the amount of exercise and sunlight afforded to prisoners, the quality of nutrition provided, opportunities for recreation and training, the general climate, as well as any existing work conditions.
It reveals courts' limited capacity for adjudicating overcrowding issues. In addition to the lack of judicial recourse for abuses resulting from overcrowding, there has been an absence of policy response to the problem. Despite the grave consequences of overcrowding in African prisons, prison capacity has not increased nor have prisons been renovated or privatized as they have in North America and Europe.
While privatisation has yet to reach Africa, other means of reform are being discussed. For example in January , Nigeria released 25, prisoners, some of whom had been awaiting trial for a decade. In addition, the government also created and staffed a new position, a chief inspector of prisons, which will report to the President. Such measures were undertaken, according to former Justice Minister Bayo Ojo, because "conditions of the prisons are just too terrible.
The conditions negate the essence of prison, which is to reform". Both instruments strive to improve the conditions of African prisons. While the rules do not bind African states, they provide useful guidance in developing transparent and consistent prison policy. However, even if the African Union were to adopt similar guidelines, insufficient resources and instability plague the implementation of any proposed reform. The failure to protect the vulnerable: women and children in African prisons. The plight of women and children in African prisons has largely been ignored by academics as well as penal policymakers.
As a result, these vulnerable populations are particularly marginalized within an already substandard living environment. While some inroads are being made within the European, North American, and Australian penal systems to better accommodate women and children, the issue receives little to no attention in Africa where, as elsewhere, prison administration remains a decidedly male- and adult-dominated milieu. Africa lies in the middle of the global average of women prisoners as a percentage of the total prison population, with between 1 and 6 percent of African prison populations being comprised of women.
Before examining the conditions in which African women are incarcerated, it is worth noting how women come to be in African prisons in the first instance.
Narrating Prison Experience
Women in African prisons are overwhelmingly poor and uneducated. They are frequently incarcerated for crimes such as murder and attempted murder, infanticide, abortion, and theft. Sexism is apparent in the criminalization and sentencing of certain conducts. Once in prison, discrimination against women persists. They are often denied access to vocational and recreational programs. Prisons often lack appropriate supplies to accommodate menstruating women. Where women are incarcerated with men, they remain vulnerable to physical and psychological abuse from male prisoners, which meager prison staff cannot prevent and indeed, sometimes join.
While some prison systems provide separate facilities for the incarceration of women, in most countries, women are imprisoned in the same facilities as men. Fortunately, the plight of female prisoners is being addressed in the move for regional penal reform. For example, the Kampala Declaration calls for improving the situation of women in African prisons. However, the declaration merely calls for "particular attention"and "proper treatment"of women's "special needs". While there are far less children in prison in Africa than women, certain individual facilities house particularly high youth populations.
In addition, many penal systems deliberately underreport their youth populations to avoid closer scrutiny and critique of their policies. According to available data, children comprise anywhere from. South African prisons accommodate the highest number of child prisoners in Africa at 3, Namibian prisons house the largest percentage of children, at 5. Children arrive in prison by two distinct routes in Africa: they are either born to incarcerated women or they have been sentenced on account of their own allegedly criminal conduct.
For these slight infractions, children can be detained pending trial during the most formative years of their development. The commingling of children with the general prison population can lead to disastrous consequences. First, children imprisoned with the general population must compete with adults for scare resources such as food. Second, given that African prisons fail to meet even the most basic minimum standards for adults, it should come as no surprise that they fall far short of meeting international standards for juvenile detention.
For example, overcrowding compromises child prisoners' health and hygiene and exposes them to increased risk of sexual abuse. Juvenile detainees'educational, developmental, health, and nutritional needs are left unattended. While some progress is being made, particularly in the countries noted above, to separate child prisoners from their adult counterparts, more needs to be done. Examples can be derived from countries such as Egypt, which is experimenting with diversion and restorative justice programs as alternatives to imprisonment of youth.
Rehabilitation is a difficult end point for many African prisons to achieve, in large part, due to lack of resources. Overcrowding and under-funding hamper the implementation of effective rehabilitation schemes. While rehabilitation remains the goal of many penal policymakers in Africa, lack of political will impedes its ultimate realization. This is particularly unfortunate given that, what little research is available on the subject indicates that recidivism rates in Africa drop in the presence of effective and supported rehabilitation programs.
Rehabilitation is part of many regional instruments aimed at improving prison conditions throughout Africa. For example, The Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa calls for the promotion of rehabilitation and reintegration of former offenders. The Declaration's accompanying Plan of Action also specified measures that governments and NGOs could take to increase the effectiveness of rehabilitation of offenders and pretrial detainees.
Fortunately, countries such as South Africa, Uganda, and Botswana have taken steps to improve their rehabilitation programs. Even though these countries face challenges in implementing their rehabilitation and reintegration programs, they strive to adhere to the Plan of Action. Their programs focus on educational and vocational training, psychological support, promotion of familial contact beyond prison, access to religious services, and integration of civil society in order to rehabilitate prisoners and reintegrate them into the community.
The achievement of such efforts is difficult to measure for lack of consensus regarding the standards and measurements for gauging success. However, practice to date has revealed some key commonalities among successful programs, such as: a focus on addressing employment related skills, sufficient flexibility to cater to individually identified needs, integrated multi-dimensional services that address a wide range of factors, ongoing monitoring and follow-up, a balance between quality and quantity, collaboration with families and communities, restorative justice components where offenders accept responsibility, and minimum durations of nine to 12 months.
While rehabilitation and reintegration programs are new to Africa, positive developments to date evince some success meriting increased support to such initiatives. The conditions described above result in part of a scarcity of resources and good governance.
Indeed, resource scarcity is one of the most significant challenges facing African prisons today. On a continent of so many social needs, protection of prisoners is far from the top of many priority lists. Moreover, the consensus of opinion is that prison is a locus for detention, punishment, and deterrence as opposed to rehabilitation and reintegration.
Good prison governance is difficult to define and measure, partly because there has been very little research on identifying good practice in Africa, particularly in the areas of administration, management, and proper function. Several international instruments outline international consensus on topics such as acceptable objectives, conditions, and treatment of criminals in prisons.
The shortage of well-trained staff also hinders the governance of African prisons. Staff shortages can inflame already stressed prison staff, leading to additional challenges within problem-laden systems. Incompetent staff can worsen existing states of affairs for prison administrators. When prisons lack sufficient staff, prisoners must be confined to their cells, thus exacerbating the problems associated with the overcrowding described above.
phon-er.com/js/kindle-vs/download-mrbean-videos-for-mobile.php Inadequate staff also hampers the design and delivery of rehabilitation programs, thereby adding to the challenge of overcrowding and recidivism. Finally, good governance is essential to maintaining public health baselines within African prisons. Public health educators are needed to teach prisoners how to avoid contracting HIV, condoms must be provided, and HIV-positive prisoners must receive adequate health care.
These challenges can be mitigated by implementing adequate training programs; recruiting additional staff; building intra-staff camaraderie; increasing staff pay and benefits; adequately supervising, directing, and disciplining staff; and incentivizing staff with upwardly mobile career paths.
These measures will not only alleviate staffing problems and foster better prison governance but build a climate of respect for prisoners' rights as well. Despite this dire situation of prison governance and resource scarcity in African prisons, some positive inroads have been made over the past decade to better the lives of Africa's incarcerated. For example, donors have contributed money and technical assistance to assist African penal systems.
The above instruments stress the importance of effective prison administration and competent prison leadership. Prison leadership colors the entire prison system while efficient management is crucial to ensuring a smoothly-run facility. Effective staff recruiting, training, and education also improve prison governance. Unfortunately, many African prison administrations are subordinated tothe police or military, which can engender authoritarian structures and harsh disciplinary policies. Descentralized prison management can also compromise prison management, particularly in the absence of a national prison authority.
Restoring dignity in African prisons: routes to reform. Since the mids, prison reform's profile has risen thanks to the efforts of nongovernmental and governmental organizations that have cast the abuses resulting from overcrowding in African prisons against a human rights framework. Several strategies towards protecting prisoners' rights have been deployed throughout the continent including national trends towards alternative sentencing, regional attempts at oversight, and policy commitments to reform.
Several of these initiatives are highlighted below. Alternative sentencing: a safety valve for overcrowding? Several African penal systems have already begun experimenting with the practice and, while it is early to generalize from a few isolated positive experiences under particular conditions, early indications suggest that the practice warrants further application and study.
The most common form of alternative sentencing is one in which those guilty of minor offenses are sentenced to terms of community service rather than prison. Obviously, this practice would reduce the overcrowding of African prisons. Yet, alternative sentencing still requires oversight and administration, costs that resource-poor African nations cannot yet meet.
As a result, fines and compensation have also been proposed as alternative sentences to incarceration. Lack of funding is not the only obstacle to the pursuit of alternative sentencing in Africa. Several administrative hurdles remain in the implementation and integration of such a program, including the harmonization of various interests among groups such as the media, political parties, victims, criminals, and the population at large, particularly when sentences forego jail time.
Clear definition of crimes and their corresponding alternative sentences can help gauge the political viability of employing alternative sentences to alleviate prison overcrowding. Further challenges to the implementation of alternative sentencing include the lack of transparent governance and corruption present in many African states. Unfortunately, many African criminal justice systems are riddled by corruption, though steps are being taken to address this problem. To be sure, alternative sentencing is no continental-cure all to the woes that beset African prisons.
However, with the contributions of international organizations, NGOs, governments, and individuals, barriers to the practice can be overcome and alternative sentencing might become an important part in mitigating prison overcrowding. The African Commission on Human and Peoples' Rights, which since has operated under the auspices of the African Union, has played a significant role in improving prison conditions throughout Africa.
One method by which the Commission has contributed to the betterment of prisoners' lives has been through the investigation and adjudication of rights violations. The Commission has also investigated African prison conditions through the appointment of various special rapporteurs, the establishment of working groups, and the adjudication of individual cases. The Commission also queries governments and drafts resolutions on prison conditions throughout the continent. Several of the Commission's special rapporteur and working group appointments hold significance for the area of prison reform in Africa.
International and regional human rights instruments play a large role in the work of the Commission and its subsidiary organs in the course of their work on African prison conditions. The Commission strives to emphasize individual state accountability to care for prisoners and guarantee the minimal standard of prisoners' rights.
However, the Commission has not yet established coherent standards by way of guidelines as to degrees or even elements of violations of prisoners' rights. In its cases, the Commission usually hears a complainant's evidence and evaluates a government's response.
In the absence of a governmental response, the Commission simply finds in favor of the complainant. The Commission has, however, adopted several resolutions on the standards of prisons in Africa, including the Resolution on the Adoption of the Ouagadougou Declaration and Plan of Action on Accelerating Prison and Penal Reform in Africa. Both of these instruments contain recommendations on reducing overcrowding, making prisons in Africa more self sufficient, promoting rehabilitation and reintegration programs, making prison administrations more accountable for their actions, encouraging best practices, promoting the African Charter on Human and Peoples' Rights, and supporting the development of a Charter on the Basic Rights of Prisoners from the UN.
There are several methods by which African nations can meet the standards set forth in the Commission's resolutions. For example, alternative sentencing, restorative and traditional justice, and connections between the customary and formal criminal justice systems would help solve the problem of overcrowding in African prisons. Overcrowding can also be alleviated by decriminalizing some minor offenses, making attempts to accelerate trials, making cost orders against lawyers to punish for delays, and restricting time in police custody to 48 hours. Prisons could become more self sufficient if, as the Plan of Action suggests, staff were better trained.
The goals of rehabilitation and reintegration might be better achieved if prisoners were involved in industries, their employment prospects enhanced through education, and their interaction with their families and communities increased. Finally, as the Plan of Action advises, prison administrators should be made accountable for their abuse of prisoners through the adoption of national legislation that is consistent with international human rights obligations and independent prison inspections.
An additional instrument, the Robben Island Guidelines, adopted by the Commission in , encourages African nations to adopt minimum international standards on prison conditions and give detailed instructions on how to achieve them. The guidelines also include specific recommendations for combating many of the challenges outlined in this article, including physical conditions of prisons, the use of alternative sentencing to mitigate overcrowding, the role of NGOs, judicial independence, increasing awareness and training of staff, and the separation of such vulnerable groups as women and children.
Finally, the Guidelines established an important follow-up committee to distribute information about the Guidelines within Africa. Moreover, the Commission need not be the only institution to undertake prison monitoring and reform in Africa. For example, several countries have established national human rights institutions, which though of varying efficacy, can monitor prison conditions on the national level. The challenge facing many of these issues is one of breadth. Many national human rights institutions are charged with overseeing all human rights monitoring, not just prisons.
For example, even though South Africa has appointed an Inspecting Judge of Prisons to receive and investigate prisoner complaints and an Independent Complaints Directorate to investigate allegations against police holding pretrial detainees, over people have died in police custody in the country since At times, this figure has been as high as pretrial detainees.
However, the lack of structure detracts from the Commission's overall effectiveness. More coordination among the strategies and centralization of reform efforts is needed before African prisons are to see improved conditions. The Commission has laid the foundations for the respect of prisoners' rights, they simply must be deployed more efficiently. This appointment was made pursuant to Article 45 1 a of the African Charter of Human and Peoples' Rights, which permits the Commission to investigate and promote human rights on the continent.
The Commission can fulfill this mandate under any appropriate method according to Article 46 of the Charter. The benefit of appointing the SRP pursuant to Article 45 1 a is that this article is associated with the Commission's promotion function, which is conducted in public. The SRP position is filled by a member of the Commission for a two-year term. The role of the SRP is to inspect and report on prison conditions in order to protect the rights of those held therein. The SRP researches prison conditions, communicates with African governments regarding the state of their penal systems, entertains individual complaints about prison conditions, and reports to the Commission on a yearly basis.
The SRP also proposes solutions to challenges facing African prisons. Lastly, the SRP also trains law enforcement personnel, police, prison guards and administrators, and lawyers to improve prison conditions. The Special Rapporteur carries out his work by visiting countries, inspecting their prisons, and reporting on conditions found therein. Sometimes he also conducts follow-up visits. To date, the SRP has conducted 16 visits to 13 countries at a rate of two per year. All visits adhere to a similar agenda.
The SRP first meets with government leaders and holds a press conference prior to visiting various prisons, police holding cells, and reform schools for approximately 10 days. At each site, he meets with administrators, tours the grounds, and meets with inmates both in and beyond the presence of prison officials. Once the SRP has concluded his visits, he again meets with government officials to make recommendations on pressing issues.
After his visit, the SRP drafts a report to which the government may respond. A final draft of the report, complete with government responses, is then prepared and, while once available to the public, no longer is made widely available. This should be changed. Even though reports have varied from country to country, the SRP's reports have overwhelmingly called for additional resources to be dedicated to prisons.
In addition, the Special Rapporteur has often called for improved training of prison officials in the area of human rights. Lastly, SRP reports often highlight the need for improved intra-prisoner relations as a means of human rights protection. In addition to examining prison facilities, the SRP is also charged with analyzing national penal legislation to ensure its compliance with international and African law.
A report of this examination is then forwarded to the Commission, though it too, should be made public. In theory, the SRP is a useful tool for protecting prisoners' rights. However, a number of barriers have hindered its scope and practical import. First, the SRP is strapped by virtue of under-funding and double-billing as a Commissioner.
As a result, the SRP has only managed to visit a fraction of African states. Secondly, the SRP is also constrained in the number of visits because such trips require the consent of the receiving state. Admittedly, receiving the SRP requires a level of commitment that includes following the subsequent recommendations. However, if the SRP is going to reach its full potential as a human rights institution, more African states need to accommodate requests for visits. Despite these challenges, the SRP has achieved some success in its short existence.
First, its mere creation has raised the profile of prisoners' rights in the Commission's agenda. Thus, while progress is slow, the matter remains on the Commission's agenda and will be followed for years to come. Secondly, even though the number of the SRP's visits has not been as large as possible, approximately places of detention have been examined in the last decade. This is a start on the road to more visits.
Thirdly, the SRP has shed light on previously-ignored issues. Still, the SRP can be strengthened by undertaking several measures, such as increasing financial resources, increasing communication between NGOs and other international organizations, increasing communication between the SRP and visited countries, better integrating the SRP into the Commission, and improving the structure and legality of the SRP's mandate.
Fortunately, the move to reform prisons and expand prisoners' rights has received increased attention throughout Africa. Unlike in the past, when prison reform was not on the agendas of African nations, today many NGOs and governments have been actively trying to improve conditions. The financial pressures posed by such conditions make it politically challenging for states to prioritize prison reform.
Nonetheless, positive gains have been made to achieve change in Africa's penal and criminal justice systems. This has been partly facilitated by international aid. For example, South Africa has reduced the prison sentences of thousands to a mere six months. Kenya is experimenting with alternative sentencing by committing petty offenders to community service, fines, and probation rather than incarceration.
Parallel legislation is pending in Mali and Niger. Angola recently opened a women's unit in one prison. Concerns remain however, about high rates of death, overcrowding, and violence in Moroccan prisons. The Libyan Ministry of Justice also accepted the assistance of the International Centre for Prison Studies in the United Kingdom in improving prison management and prisoners' rights protection.