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TITLE PAGE The Extent of Implementation of the UNSMR by African Countries By Maicibi N. Alhas, Ph D. Being a UNAFRI Presentation in Vienna, 31 st Jan.

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Presentation on theme: "TITLE PAGE The Extent of Implementation of the UNSMR by African Countries By Maicibi N. Alhas, Ph D. Being a UNAFRI Presentation in Vienna, 31 st Jan."— Presentation transcript:

1 TITLE PAGE The Extent of Implementation of the UNSMR by African Countries By Maicibi N. Alhas, Ph D. Being a UNAFRI Presentation in Vienna, 31 st Jan. - 2 nd Feb, 2012

2 The Objectives of the Study To assess the extent of implementation of the UNSMR To establish the strengths and weaknesses of the countries as respondents To propose ways forward for better adherence to the Rules

3 Elements of conditions of detention Registration book Separation of categories Accommodation Food/water Exercise and sports Medical care Discipline and punishment Complaints by inmates Contacts with the outside world Notification of death Inspection

4 Hypotheses on condition of detention Condition of detention determines recidivism rate Harsh condition of detention can deter crave to commit crime Good condition of detention can encourage crave to commit of crime Emotional cum psychosocial circumstances of inmates is neglected in the UNSMR document

5 Maicibi Generic formula for fighting crime B < C Where: B => Benefits Mb - Monetary & economic benefits to the criminal Pb – Psychological & physiological benefits to the criminal Sb- Sociological benefits to the criminal Ec- Ease & level of success in committing the crime C => Costs Mt –Monetary & time to commit the crime Fa – Fear & probability of being apprehended & arrested Pc – Probability of conviction & its harshness Lo – Lost opportunities & stigmatization

6 Maicibi formula cont’d Key : B Vs C B > C : Mb+Pb+Sb+ Ec > Mt+Fa+Pc+Lo means that benefits outweigh the costs. BC has a slim chance of deterring crave to commit crime B

7 Methodology A descriptive cross sectional survey A quantitative approach A questionnaire instrument used 30 countries served with the instrument; 14 returned –a 47% RR.

8 RESULTS Table 1: Keeping and use of a prisoners registration book FrequencyPercentValid Percent ValidYes No

9 Table 2: Separation of prisoners Separation Frequencies Responses No.Percent keep prisoners separately keep prisoners by gender keep prisoners by age keep prisoners by criminal record keep prisoners by Pre- commitment keep prisoners by legal reasons 25.1 keep prisoners by convicted Total39100 a.Dichotomy group tabulated at value 1.

10 Table 3: Separation of prisoners Keeping prisoners separately based onTotal keep prisoners by gender keep prisoners by Age keep prisoners by criminal record keep prisoners by pre- commitment keep prisoners by legal reasons keep prisoners by convicted CountryBurundi Gambia Ghana Kenya Mozambique Nigeria Rwanda South Sudan Sudan Togo Uganda Zambia Zimbabwe Total12(86%)10(71%)4(29%) 2(14%)7(50%)39 Source: Survey results

11 Table 4: Prisoners’ accommodation and health requirements Does prisoners accommodation meet health requirements? Total NoYes CountryBurundi101 Gambia011 Ghana101 Kenya101 Malawi011 Mozambique011 Nigeria101 Rwanda011 South Sudan011 Sudan011 Togo101 Uganda101 Zambia011 Zimbabwe011 Total6 ( 43%)8 (57%)14 (100%)

12 FOOD Table 5: The number of times prisoners are fed How Many times do you feed prisoners?Total OnceTwiceThrice per day CountryBurundi0101 Gambia0011 Ghana0101 Kenya0101 Malawi0011 Mozambique0011 Nigeria0011 Rwanda0101 South Sudan0101 Sudan0011 Togo1001 Uganda0011 Zambia0011 Zimbabwe0011 Total1(07%)5 (36%)8 ( 57%)14 (100%)

13 Table 6:Provision of adequate portable water Count When feeding do they have adequate water?Total QualityBothnonequantity CountryBurundi Gambia Ghana Kenya Malawi Mozambiq ue Nigeria Rwanda South Sudan Sudan Togo Uganda Zambia Zimbabwe Total2 (14%)3 ( 21%)6 (43%)1 (07%)2 (14%)14 (100%)

14 Table 7: Exercise and Sports How frequent do prisoners have physical exercises Total One dayOnce a week once a month Not at all CountryBurundi00011 Gambia10001 Ghana01001 Kenya01001 Malawi00101 Mozambique10001 Nigeria10001 Rwanda10001 South Sudan10001 Sudan10001 Togo00011 Uganda10001 Zambia10001 Zimbabwe10001 Total Source: Survey results 9 (64%)2 (14%)1 (07%)2 (14%)14(100%)

15 Provision of Medical Care Table 8: Medical personnel available for service to the prisoners Medical personnelTotal Country Psychiatric Doctor available to offer medical services to prisoners General Med doctor available to offer medical services to prisoners Dental Doctor available to offer medical services to prisoners Nurses available to offer medical services to prisoners Midwives available to offer medical services to prisoners Burundi Gambia Ghana Kenya Malawi Mozambique Nigeria Rwanda South Sudan Sudan Togo Uganda Zambia Zimbabwe Total5 (36%)11(79%)7 (50%)14 (100%)7 (50%)44

16 Table 9: Place where pregnant prisoners give birth Where do pregnant prisoners give birth FrequencyPercentValid Percent ValidBoth in hospitals in and out of prison facilities 429 in hospital within the prison857 in a hospital outside the prison 214 Total14100

17 Table 10: Type of punishment frequently administered on indisciplined prisoners. Corporal Punishment Corporal type of punishment Frequenc y Percent Valid Most Frequent Least Frequent Not at all Total14100

18 Table 11: Reduction of diet type of punishment Reduction of diet type of punishment FrequencyPercentValid PercentCumulative Percent ValidMost frequent Frequent Not at all Total14100

19 Table 12: Denial of sleep type of punishment Denial of sleep type of punishment FrequencyPercentValid Percent ValidMost frequent 17.1 Least frequent 17.1 Not at all Total14100

20 Table 13: Type of instrument used for restraint Type of instrument used for restraint CountryHandcuffs instrument used in prisons Chains instrument used in prisons Irons instrument used in prisons CountryBurundi100 Kenya100 Malawi100 Nigeria101 Rwanda100 South Sudan110 Sudan100 Togo100 Uganda100 Zambia111 Zimbabwe101 Total11(79%)2(14%)3(21%)

21 Table 14: The number of times prisoners are allowed to make complaints/ requests How frequently are they allowed? FrequencyPercentValid Percent ValidOnce a day321.4 Once a week642.9 Once a month17.1 Very rarely428.6 Total14100

22 Table 15: Prisoners’ communication with family members and friends Are prisoners allowed to communicate with their family members or friends? Total NoYes CountryBurundi011 Gambia011 Ghana011 Kenya011 Malawi011 Mozambique101 Nigeria011 Rwanda011 South Sudan011 Sudan011 Togo011 Uganda011 Zambia011 Zimbabwe011 Total1 (07%)13(93%)14 (100%)

23 Table 16: Whether foreign national prisoners allowed facilities to communicate with diplomatic/consular representatives Are foreign national prisoners allowed facilities to communicate with diplomatic/consular representatives? FrequencyPercentValid Percent Valid No214.3 Yes Total14100

24 Table 17: Keeping the untried prisoners and the sentenced Do you keep untried prisoners separate or together with sentenced? Total SeparateTogether with the convicted CountryBurundi011 Gambia101 Ghana011 Kenya101 Malawi011 Mozambique011 Nigeria101 Rwanda011 South Sudan101 Sudan101 Togo011 Uganda101 Zambia011 Zimbabwe101 Total7(50%) 14(100%)

25 Table 18: Other treatment for untried prisoners Are untried prisoners free to do the following?Total Are untried prisoners free to -apply for free legal aid? Are untried prisoners free to -be treated by a personal doctor? Are untried prisoners free to -buy third party materials such as books, newspapers? Are untried prisoners free to be-offered opportunity to work but may not be required to work? Country Burundi11114 Gambia11103 Ghana11013 Kenya11103 Malawi11103 Nigeria10001 Rwanda10113 South Sudan Sudan10113 Togo11114 Uganda11114 Zimbabwe11114 Total12 ( 86%)9 (64%)10 (71%)8 ( 57%)39

26 RECOMENDATIONS The UN thru UNAFRI to constitute an African M & E Team to monitor and enforce compliant African prisons to be more open than they are Africa to improve its democratic credentials Adequate training of officers for implementation A study is needed to collect and collate the views of stakeholders on UNSMR Political will for funding is indispensable

27 End Thank you for being a wonderful audience Maicibi Alhas UNAFRI Secretariat Kampala


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