sex, religion, ethnic origin; and the prison system is afflictive by the very fact of the removal of one’s liberty and should not, therefore, result in any further derogation of one’s rights except those essential for the achievement of a lawful purpose. The Kampala Declaration on its part makes the following affirmations of principle: that the human rights of prisoners should be safeguarded at all times …; that prisoners should retain all rights which are not expressly taken away by the fact of their detention; and that prisoners should have living conditions which are compatible with human dignity. The African Commission subscribes to the principles enunciated in the Standard Minimum Rules as well as the Kampala Plan of Action which provides that “the success of a prison system is measured by the security it offers society and the degree to which the treatment it provides rehabilitates offenders…” The African Commission believes that a system based on human rights is the ultimate guarantor of the safety and security of citizens. That means that while a prison system has to be firm, it must also be fair and just. Prisoners and prison officers must also know their rights and the limits the law places on their actions and there must be a system of application of the law that is applied with consistency and in a nondiscriminatory manner. Recommendations In making the recommendations that follow, the Special Rapporteur is mindful of the fact that resources, both human and financial are limited and that the various demands on the fiscals need to be prioritised and balanced. These recommendations are made against the backdrop of the delicate balance the Government has to make between respect for human rights and the provision of social services in a country that has endured social injustices for decades. At the same time and importantly the rights enshrined in the Constitution of the Republic of South Africa and other regional and international instruments to which South Africa adheres must become real and meaningful for all South Africans. In the context of prisoners it must include “the right to conditions of detention that are consistent with human dignity…” The recommendations have been broken into different sections indicating the role each sector of society can and should play in enhancing the protection of the rights of persons deprived of their liberty. However, the African Commission urges cooperation between the different sectors of society to ensure proper implementation of the recommendations. I. To Government There is a general expression of good political will in government, at both national and local level, to improve the conditions of persons deprived of their liberty. This is manifested in the development of positive policies and engagement with civil society organisations promoting the welfare of prisoners. The African Commission would like to encourage government to continue these efforts and in particular, to: 63