Transcript THE ACSA BIENNAL CONFERENCE 13 – 17 SEPTEMBER 2010 …

EMBARGOED : 13 SEPTEMBER 2010 (16H00)
THE ACSA BIENNAL CONFERENCE
13 – 17 SEPTEMBER 2010
ACCRA, GHANA
Theme: Advancing the frontiers of Change through
corrections
Topic: From Prison to Society: Making the
Correctional Task Complete by Ensuring Social
Reintegration
Presented by:
Jairus G. Omondi, CBS
Senior Corrections Advisor, UNAMID - SUDAN
Introduction
• The paper intends to explain the core role of correctional
systems through prisoner management; which involves
processes of reception, classification, treatment and care as
well as life support programming, in effective social
reintegration of prisoners in the community.
• Social reintegration, as a correctional task can only be
achieved if correctional systems create enabling environments
for offenders’ rehabilitation. Social reintegration must not only
be the objective of the prisons systems but of the entire justice
system and the larger community in any jurisdiction.
• Crime and punishment have historically remained
subjects of intense discussion everywhere in the
world whether in the developed or developing
countries.
• Some Sociologists and Criminologists have argued
that punishment is an important mechanism by
which Society retains its moral authority to
punish those who do not respect the rights and
dignity of others.
• Such theorists argue that offenders should be
heavily punished so that society can be
protected.
• Other criminologists hold that offenders are
victims of socio - economic and psychological
forces in society and that society has a moral
responsibility to make amends by treating
offenders
compassionately
and
with
understanding in order to rehabilitate them.
• Whatever view one adopts, it can be said that
punishment whether for purposes of retribution,
incapacitation, deterrence or rehabilitation,
needs to take into account the basic inviolable
Human Rights, liberties and essential human
dignity of the individual.
• It is important to note that management of prisons is
primarily about the management of human beings.
Imprisonment does not take away the rights of
offenders but temporarily curtails their freedom of
movement and association.
• This fact is amplified in the UN International
Convention on political rights Article 10 (1) and (2)
which state thus; “…….All persons deprived of their
liberty shall be treated with humanity and with respect
for the inherent dignity of the human person…..” and
“…..The Prison system shall comprise treatment of
prisoners the essential aim of which shall be their
reformation and social rehabilitation…..”.
• The articles reaffirm the mandatory inevitability to
adhere to the guiding human rights principles with
regard to treatment and care of offenders as well as
the management of prisons, and also underscore the
centrality of rehabilitation as the core objective which
determines the success of a correctional system.
• The achievements of the provisions of the articles are
based on how well classification and placements of
prisoners are conducted by correctional systems for
the purposes of achieving both public protection and
rehabilitation objectives.
Classification and placement of prisoners
• Classification and placement of prisoners play critical
roles in helping to balance between security and the
provision of rehabilitation programmes to prisoners.
• Classification according to security needs determines
the placement institutions and processes (type of
prisons suitable for different kinds of prisoners) and
the programmatic areas that are likely to benefit them.
• It is based on the nature of the offence, age, gender,
sentence and the criminal history of the prisoner.
• For instance, separating prisoners and placing them according to their
categories; male adult offenders, female offenders, juveniles, pre-trial
detainees, mental health prisoners being placed separately and according
to their offences and length of sentences.
• Juvenile offenders should be segregated from adults and be accorded
treatment appropriate to their age and legal status.
• When this has been completed, then, the rehabilitation programmes can
be appropriately administered to prisoners.
• This would ensure that individualized programmes for prisoners are
designed to address and meet their individual needs.
• Consequently, the prisons system would be able to make the best use of
the establishments for the common good of all, ensuring safety and
security for all; prisoners, prisons staff and the community as a whole.
Rehabilitation
• Rehabilitation within the prisons context is the intervention
mechanisms designed by correctional systems and applied
to address the offending behaviour of prisoners in order to
make them whole again.
• Rehabilitation should be the central focus and primary
objective of any criminal justice system that hopes to
uphold the rule of law; ensure good governance and
democratic practices in the administration of justice and
management of correctional systems.
• Rehabilitation contributes to public safety and security as
well as national development.
• The process of rehabilitation should commence at the point
of offenders entry into the justice chain. It should be the
principle guide to all institutions involved in the
administration of justice (chain linking)
•
While many jurisdictions (countries) recognize the significance of rehabilitation
and have taken steps to entrench it in the national legislative provisions, practical
examples on the ground are still lacking or where they exist, their development are
rudimentary due to the retributive nature of the justice systems, their structures
and the processes of justice delivery.
•
The consequent to these are the correctional systems that are lacking in effective
programmes that can provide life support system within the community settings to
facilitate effective social reintegration.
•
It is within these contexts that offender rehabilitation remains a mirage.
•
Research work that has been carried on prisons and the justice institutions, in
many countries in Africa give testimony to this scenario.
•
Research findings are that most of the re-entry programmes such as vocational
programmes, education and psychosocial are in different degrees and states of
development while others are non functional due to associated challenges such as
overcrowding and general lack of resources.
Purpose of rehabilitation
• Rehabilitation aims at contributing to public safety and
security by ensuring that re-offending amongst prisoners is
minimized by enabling them to acquire skills which they
could readily use for support and sustainability within the
community setting once they are released from prison.
• This will give them a new lease of life to enable them cope
with the consequences of imprisonment as they are
prepared for community reintegration.
• On admission prisoners are introduced to the prison
environment where his fears are addressed and
rehabilitation opportunities availed to them.
Types of Rehabilitation programmes
• Rehabilitation regime comprises a number of various
intervention mechanisms that are employed in varying
degrees to provide purposeful and corrective measures
or activities for prisoners.
• The programmes basically include; vocational skills
training, psychosocial programmes and education.
• There is also the emerging remote parenting and open
day visits which basically provide prisoners with
opportunity to have quality time visit with family
members, particularly children.
• While vocational skills training development
remains the primary feature of prisons
programmatic areas, psychosocial, education and
particularly the remote parenting and open days
have emerged strongly as areas of interests.
• Remote parenting and open days have a direct
bearing to community reintegration. Remote
parenting is a correctional reform innovation
which addresses the social rehabilitation function
of the correctional systems and impacts very
positively on the society in terms of creating the
enabling environments in the society for
prisoners reintegration.
• It is a holistic approach to carrying out complete
rehabilitation of prisoners for social reintegration as it
deals with the psychological, mental, emotional and
social needs of prisoners in order to address their
socio-economic needs, reconcile them with the
community; first by providing a forum for the nuclear
family meetings, and secondly, creating opportunities
for the acceptability of prisoners by the society.
• It enables the family and community to contribute in
the social rehabilitation of prisoners both within the
prison setting as well as the community environment,
strengthening the support system for their effective
social reintegration upon release. This approach
reduces stigmatization drastically.
Reintegration
• Prisoners’ re-integration is the overall purpose of
a successful criminal justice system and the
process begins from the time prisoners are
admitted to prisons to serve various terms of
sentences awarded by courts.
• The process is required to serve a broader
purpose and should be both proactive and
reactive in accepting the responsibility of making
prisoners ready for resettlement as rehabilitated
members of the community.
• The entire criminal justice system should aim towards
successful prisoners’ re-integration, which consequently
would lead to crime reduction in the community and hence
public safety and security.
• In prisons, deliberate efforts must be made to ensure that
prisoners are put through programmes which prepare them
for community reintegration.
• The envisaged success in social reintegration can only be
possible with the involvement of the wider community
which must create a facilitating environment conducive for
prisoners’ reintegration. Without the role of the
community, all the efforts of the entire justice system will
come to nothing.
Challenges to Social Rehabilitation and
Reintegration
A number of challenges contribute to lack of prisoners rehabilitation
for social reintegration. These factors are highlighted below:
1. Overcrowding
• Overcrowding is a major challenge to carrying out purposeful
activities in prisons.
• Overcrowding leads to overstretched use of the already dilapidated
prison facilities most of which were built in the colonial era. For
instance, prison facilities meant for rehabilitation programmes are
converted to accommodation wards for inmates due to
overcrowding.
• This has led to the dismantling of the structures for prisoners’
rehabilitation.
2. Training and Capacity Building
• In many countries, the qualified staffs to administer
rehabilitation programmes to prisoners are too few to
enable them carry out this function effectively.
• With overcrowding, it is very difficult for the few staff
members to develop prisoners’ individualized
programmes.
• The staffing challenge is compounded by lack of
resources to carry out the training of staff as well as
invest in prisoners’ programmes development.
3. Broad Based Policy Initiative
• There is lack of integrative criminal justice policy, as every agency is busy
pursuing its own operational policy framework. This leads to serious policy
conflicts with devastating impacts on the overall goal of the correctional
systems.
• For instance, whilst the prisons advocates for rehabilitation of prisoners
for community reintegration, the police philosophy of policing revolves
around toughness on crime and pivots on what works and prison works for
them since it keeps offenders away from the streets’.
• The courts wield unequal measure of power and will, exercising
unparalleled discretion and sending to prison anyhow anybody, whom
they choose, irrespective of the circumstances surrounding the offences
committed.
• In this regard, there is urgent need for an integrated criminal justice policy
to help streamline the operations of the justice systems so that it can
holistically address the needs of the society.
4. Excessive use of Prison Custody by the Courts
• Excessive use of custodial sanctions by the courts
impedes community participation in the rehabilitation
process.
• The courts have tended to use custodial options even
in situations which require mere caution or community
sanctions.
• These practices curtail the functioning of the justice
chain, and more specifically the prisons which end up
receiving all those committed under its care.
Conclusion
• Recognizing the critical role played by the correctional systems worldwide,
is of paramount importance and that appropriate structures need to be
put in place to facilitate effective rehabilitation and reintegration of
prisoners. The Correctional Systems in Africa must cease the opportunity
to assert themselves to be considered a priority area by their governments
and organizations responsible for their managements for the necessary
support to enable them execute their mandate for the purpose of
promoting a peaceful and secure society.
• It is also important that ACSA takes the lead in appealing to governments
to give correctional systems the prerequisite support for developments.
The ACSA should champion development of correctional systems in Africa
and where possible establish links with African Union (AU) and other
correctional professional bodies and adopt some of the best practices so
as to usher a new era in the development of correctional systems in Africa.
Thank you