A Monitoring Guide
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gime, and contemplate disciplinary sanctions both for staff (including
termination) and for fellow inmates who violate agency sexual abuse or
sexual harassment policies.
The PREA standards also consider intersectional forms of discrimination, notably with respect to incident reviews, noting that prison authorities “shall consider whether the incident or allegation was motivated
by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender,
or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at
the facility.”
Worrying trend
Self-government and related risks for LGBT detainees
Preventing violence against all detainees is a key duty of all prison
authorities, which must be abided independently of the nature of any
particular prison, or of the profile and characteristics of the detainees.
However, in many prison across the world, State authorities informally
delegate powers, including those of management and governance, to
detainees themselves, while keeping control over the external perimeter
of the prison. This phenomenon is referred to as “self-government” (or
“shared-government”, whereby authorities retain some forms of control)
and is often, but not always, linked to organised crime and gangs.
Good prison management does not preclude some forms of detainees’
involvement in decision-making, “under which specified social, educational or sports activities or responsibilities are entrusted, under supervision, to prisoners who are formed into groups for the purposes of
treatment”, as prescribed for in the Nelson Mandela Rules (40.2). Nevertheless, the same rules make clear that “no prisoner shall be employed,
in the service of the prison, in any disciplinary capacity” (40.1). In practice, however in many “self-governed” facilities informal leaders have de
facto powers to impose disciplinary measures over fellow inmates.
Evidence shows that minority groups and disenfranchised categories
of detainees are particularly exposed to abuses related to self-government. Male prison subculture is often characterised by “macho” values
and strict informal hierarchies relying on stigmatizing labels; in such
cases, detainees who are perceived as not adhering to their expected
sexual orientation or gender identity and roles are usually relegated to
the bottom of the hierarchy, alongside sex offenders and child moles-
Chapter III
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