PRISON POPULATIONS
as Maˉori.177 Drug policies can also
disproportionately impact minority
women. In Canada for example,
more than half of all women serving
sentences for drug-related offences
in federal prisons are Indigenous and
black women.178 (See Foreign national
prisoners, minorities and Indigenous
peoples, below).
It is well-documented that prisons
are designed and run for the majority
male prison population – from prisons’
architecture and security procedures
to healthcare, family contact, work
and training. A report by the United
States Department of Justice found
three main areas where the needs
of women held in federal prisons
are still not being met: trauma
treatment programming, pregnancy
programming, and feminine hygiene.179
Women continued to experience
abusive conditions during birth; in
Australia for example, a woman was
left to give birth alone in her cell.180
In Russia, inspectors found that
women were working 18 hours a day
stitching garments.181
Various progressive initiatives have
been introduced to implement the
UN Rules for the Treatment of Women
Prisoners and Non-custodial Measures
for Women Offenders (the Bangkok
Rules). In Florida, in the US, the Dignity
for Incarcerated Women Act was
passed which, inter alia, guarantees
that women have free and unlimited
access to hygiene products and
prohibits male staff from performing
strip and cavity searches on women.182
The Brazilian Federal Supreme Court
decided that pregnant women and
mothers with children under the age
of 12 will be placed under house
arrest instead of in pre-trial detention,
if they are accused of non-violent
crimes. The judgment gave authorities
60 days to apply the order, which will
affect at least 4,500 women who are
currently detained.183 The government
in Zimbabwe announced plans for an
open prison for women in prison with
their children.184 In most countries
however, efforts to implement the
Bangkok Rules remain fragmented
and gradual.
RECOMMENDATION 09
When women are sentenced,
the court should take the
context of the criminal conduct
into account, as well as any
experience of victimisation or
any caretaking responsibilities.
States should ensure that
prison policy and practice
comply consistently with the
Bangkok Rules.
Foreign national
prisoners, minorities
and Indigenous peoples
People from minority groups continue
to be discriminated against within
criminal justice systems and are
disproportionately represented within
prison populations worldwide.
Foreign nationals are a growing
population in many prison systems,
although there is considerable variation
between countries. For example,
they represent 87 per cent of all
prisoners in the United Arab Emirates
and just 0.3 per cent of prisoners in
the Philippines.185 This variation can
largely be attributed to factors such as
geographical location and immigration
policies. In Europe, foreign nationals
make up 21 per cent of the prison
population, on average.186 Foreign
nationals are over-represented in
comparison to their numbers in the
general population in part because
of disadvantages they face during
the criminal justice process, such as
increased targeting by police, language
barriers, a lack of access to legal aid,
and discriminatory sentencing, as well
as increasingly punitive approaches to
immigration-related offences.
Foreign nationals’ experience of
prison is characterised by isolation,
language barriers, limited or no
family contact, discrimination and
a limited understanding of the prison
regime and broader criminal justice
procedures. In addition, they face
challenges linked to their immigration
status – such as deportation – as well
as difficulty in accessing rehabilitation
programmes. One distinctive right that
foreign nationals have is access to
consular support, although diplomatic
missions are often not able or willing to
provide this.187
The FORINER project was funded
by the European Commission and
lasted for two years. It provided foreign
national prisoners from EU countries
with access to education offered by
their home country. An evaluation
found that the majority of participants
believed that these courses would
reduce the likelihood of recidivism
and make it easier for them to find
a job after prison. More than half the
students indicated that they hoped
participation in the course would
improve their relationship with their
family and friends.190
Countries have addressed these
challenges in different ways, including
the provision of a picture book for
prisoners to aid communication,188
prisoners of the same nationality
mentoring new arrivals, the provision
of video conferencing to enable
contact with family abroad, and
training in different languages for staff.
In Austria, which has a large number
of prisoners who are non-German
speakers, a private company supplies
online interpretation services to prison
staff between 8am and 6pm for a
handful of pre-defined languages.189
There is a large proportion of foreign
national women prisoners held in
various countries and regions globally,
mainly for drug-related offences and
for breaching immigration laws –
including many migrant workers. For
example, in the United Arab Emirates,
as of June 2018 there were nine
women under sentence of death;
all but one were foreign nationals, and
most were migrant workers.191 In Hong
Kong and Macau, which have the
largest proportions of female prisoners
globally, the majority of women are
foreign nationals; most have been
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
| 21
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