CRIME AND IMPRISONMENT
Elsewhere, there were moves towards
a more sustainable and long-term
approach to reducing overcrowding.
In Nigeria, a Presidential Advisory
Committee was established in order
to focus efforts on decongesting
the country’s prisons, which have
a 136 per cent occupancy rate.31
In 2018 the African Commission on
Human and Peoples’ Rights produced
guidelines urging states
to decriminalise petty offences in
order to address prison overcrowding
and in recognition of the fact
that criminalising such offences
‘contributes to discrimination and
marginalisation by criminalising
poverty, homelessness and
unemployment, and impact[s] the
poorest and most marginalised
persons in our communities’.32
RECOMMENDATION 01
mandated to conduct regular visits
to all types of places where persons
are deprived of their liberty.34 Civil
society organisations often have
a specific role as part of NPMs.
According to the Association for
the Prevention of Torture (APT), the
benefit of this is to supplement the
resources and expertise of existing
institutions and to ‘help to legitimize
both an NPM’s mandate and its
credibility as an institution, not least
because civil society organisations
are often structurally independent
from government’.35
have grown more confident’.37 Civil
society actors that engage in politically
sensitive or human-rights related
activities are particularly targeted,
and restrictions are in part driven by
the heightened international focus on
counter-terrorism.
Prison overcrowding needs
to be addressed as a key factor
affecting the physical and
mental health of prisoners
and staff. States should put
measures in place to strengthen
crime prevention, decriminalise
petty offences, review the
proportionality of sentencing
and increase the use of
alternatives to imprisonment.
Closing space
for civil society
Civil society organisations33 play a vital
role within criminal justice and prison
systems. They act as watchdogs
and highlight human rights abuses
and corruption; provide legal aid
services to defendants and prisoners;
monitor conditions and treatment
inside prisons through formal and
informal mechanisms; link prisoners
with their families and communities;
support prison staff; advocate for
transparency and accountability; share
information, knowledge and skills to
build consensus on evidence-based
law and policy; and offer services
and programmes that are essential
for prisoners’ rehabilitation and
reintegration into society on release.
Crucially they bridge the gap between
communities and prisons and bring
a sense of normality to prison settings
that are often far from normal.
Civil society organisations also
play a role in the work of external
prison monitoring bodies, such as
national human rights institutions,
Ombudspersons, health inspectorates
or anti-corruption bodies. As of
October 2018, 88 United Nations
(UN) member states had ratified the
Optional Protocol to the Convention
against Torture and other Cruel,
Inhuman or Degrading Treatment
or Punishment, and 70 of these
states have now designated National
Preventive Mechanisms (NPMs) –
torture prevention monitoring bodies
10 |
Whether working within NPMs or
providing reintegration support, civil
society needs to be able to operate
within an enabling environment.
This means working in favourable
economic, political, social, cultural
and legal conditions that allow citizens
to engage with civil society. In the
past decade, there has been an
alarming trend towards restricting the
space that civil society can operate
in. According to data from the
International Center for Not-for-Profit
Law, between 2004 and 2010 more
than 50 countries considered or
enacted measures restricting civil
society.36 The global alliance CIVICUS
reported that in 2018 there were
serious systemic problems with the
space for civil society in 109 countries,
and concluded that ‘the enemies
of human rights and social justice
Such restrictions have affected
how civil society organisations
can access funding and how
they engage with governments.
For instance, since 2012 Russia
has obliged foreign-funded civil
society organisations engaged in
‘political activities’ to register as
‘foreign agents’, while in Ethiopia,
the government has prohibited
organisations working on human
rights issues from receiving more
than 10 per cent of their funding
from abroad (it should be noted that
this law is currently being revised).
In Egypt, a 2017 law governing civil
society prohibits engagement ‘in
any work of political nature’ and
requires organisations to seek prior
permission before cooperating with
any foreign entity.38
Restrictions on the legal and regulatory
environment in which organisations
operate have also constrained their
ability to fulfil their role properly. The
UN Special Rapporteur on the rights
to freedom of peaceful assembly
and of association describes how
having a complex legal environment
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
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