A CRITICAL ANALYSIS OF THE CURRENT SITUATION OF
FEMALE OFFENDERS IN AFRICAN COUNTRIES
Dr. Uju Agomoh *I.

INTRODUCTION

The ever-rising number of prisoners around the world has remained the mostunderscored fact in current discourse within the international penal sector. According to theInternational Centre for Prison Studies, the world prison population is rising at a higher rate
than the total population. Between 1998 and 2013, the estimated world prison population has
increased by 25-30%, while the world population has risen by over 20%. 1Although women
prisoners are a small minority of the total prison population, there has also been a noticeablerise in women’s imprisonment in recent years. 2 In some countries the rate of this increase has
been higher than that of male prisoners. 3
Given their patriarchal nature, structures within many African countries present
considerable challenges in the protection and respect for women’s rights to equality while
fuelling widespread gender-based discrimination throughout the region. 4
Prisons are a reflection of the societies within which they are located. Thus, it isunsurprising that this discrimination is made manifest within the penal institutions whose
facilities were historically built and run to cope with the needs of the male majority.
Consequently, the small numbers of women prisoners were simply admitted to these prisonsand expected to cope with the same routines and facilities as men regardless of their different
and more complex needs.
This remains the practice in several African countries and has resulted in the neglect of
the human rights of these inmates without much consideration for the various international
standards and recommendations advocating for humane and equitable treatment for all. The
African prison system has become synonymous with a host of challenges, such as
overcrowding, abusive living conditions, deficits of good governance, funding, and other*Founder/Executive Director, Prisoners’ Rehabilitation And Welfare Action [PRAWA]; President, International
Corrections and Prisons Association [ICPA] – Africa Chapter; and Former Council Member, National Human
Rights Commission of Nigeria and Special Rapporteur on Prisons, Police and Other Centres of Detention in
Nigeria.
1
Walmsley R., World prison population list, 10th edition. London: International Centre for Prison Studies.
Available at: <http://www.prisonstudies.org/sites/prisonstudies.org/files/resources/downloads/wppl_10.pdf>[accessed 5 February 2015]. This list was published with prison information available as of December 2013.
2
Bastick M, Townhead L., Women in prison: a commentary on the United Nations standard minimum rules forthe treatment of prisoners. Geneva: Quaker United Nations Office; 2008. Available at:<http://www.quno.org/geneva/pdf/humanrights/women-in-prison/WiP-CommentarySMRs200806-English.pdf>[accessed 5 February 2015].
3
Ibid.
4
Women and Health: Today’s Evidence Tomorrow’s Agenda. Geneva: World Health Organization; 2009.
Available at: <http://whqlibdoc.who.int/publications/2009/9789241563857_eng> [accessed 5 February 2015].

- 50 -

resources; 5while the plight of women prisoners within the region is an often ignored subject
in governance, policymaking and research. 6
The objective of this paper is to critically analyse how a continent in which prisons rank
low on various lists of priorities has failed to adequately address the plight of incarcerated
women. Guided by the United Nations Rules for the Treatment of Women Prisoners andNon-custodial Measures for Women Offenders (The Bangkok Rules) as well as research
reports on various African prisons, this paper will provide practical steps that can be taken to
facilitate the improvement in the treatment and protection of female inmates in developing
countries using measures that have been adopted by some jurisdictions.
II. CONTEXT
The term ‘prisoner’ is defined as an individual who has been legally deprived of liberty
and kept under involuntary confinement or custody as a punishment for a crime or while
awaiting trial. 7 For the purpose of this paper, the term will be used to refer to awaiting
trial/remand prisoners, convicted/sentenced prisoners, debtors, lifers, prisoners on death row,
prisoners detained as ‘civil lunatics’ or’ criminal lunatics’, etc.
The Nigerian Prison Service recognizes five forms or legal reasons for the incarcerationof female prisoners, namely 8:•

Women against whom a court of competent jurisdiction has decided a case. These
are usually brought into prison with ‘Conviction Warrants’.

•

Women whose cases are pending before courts and are brought into prison with
‘Remand Warrants’ issued by such courts. These may either be awaiting trial or
awaiting sentence.

•

Women committed as judgement debtors by the courts for whom the judgement
creditor deposits feeding money with the prison authorities.

•

Women members of the armed forces who commit offences prohibited by the
military and civilian accomplices committed to prison through court martial.

•

Women committed to prison by the Inspector–General of Police or Chief of Army
Staff for acts detrimental to state security under Decree No 2 of 1984 (nowrepealed).

The fastest growing segment of the world’s prisoner population is female. 9 In Africa,
typical examples can be seen in Seychelles (775%), Burkina Faso (304%), Sao Tome and5Sarkin, J., ‘Prisons in Africa: An evaluation from a human rights perspective’, International Journal on Human
Rights. Available at: <http://www.surjournal.org/eng/conteudos/getArtigo9.php?artigo=9,artigo_sarkin.htm>.
6
Ibid.
7
The Merriam-Webster Dictionary, ‘Definition-Prisoner’. Available at : <www.merriamwebster.com/dictionary/prisoner>.
8
See Agomoh U and Ogun B (2000), ‘Manual for the Training of Prison Officer-Trainers on the United Nations
Standard Minimum Rules for the Treatment of Prisoners’, PRAWA: Lagos, at pages 17-18.
9
United States Department of State, (2012) ‘A Practical Guide to Understanding and Evaluating Prison
Systems’, Washington: United States Department of State.

- 51 -

Principe (166.7%), Benin (158.6%), Sierra Leone (106.1%), Republic of Guinea (104.9%),
Uganda (95%), Kenya (89.6%), Mauritius (79.5%), Burundi (73.1%), Nigeria (68.1%), andGhana (53.8%). 10 In some countries the rate of this increase has been higher than that of maleprisoners. 11 Furthermore, these offenders have unique needs, particularly when it comes tofamily considerations, causes for criminality, health care and psychology. 12
Given the patriarchal nature of many African societies, women face various forms of
discrimination that also play out within the continent’s criminal justice systems. In general,
African women have had fewer opportunities than men to access education and amass wealthor property. A lot of them, especially those originating from rural areas, are poorly educated,unaware of their rights in detention, unable to access and afford legal representation, post bailor pay fines. 13As a result of this, they face immense difficulties when accessing mechanismsof justice within their various communities.
It is argued in some quarters that women are less likely to commit violent and serious
crimes than men. Hence, they are less likely to receive long prison sentences. Available data
within the African region present diverse results. Reports from recent years indicate that asignificant number of female detainees in South Africa, Malawi and Zambia are held for
murder or violent crimes against their partners. 14 This trend is not the same in countries suchas Kenya, Botswana and Zimbabwe where women were more frequently arrested for nonviolent crimes. 15 In Benin, Sierra Leone, Nigeria, the Democratic Republic of Congo (DRC)and Egypt, women are detained in place of their brothers, husbands, sons or boyfriends whoare crime suspects 16 while in conservative religious countries like South Sudan, women arecommonly detained for crimes such as adultery. 17 In addition to this, in some societies,
women may also be detained as a result of discriminatory laws and cultural practices, or tribal
laws or traditions, rather than codified law. 18
Regardless of the nature of their crimes, research has consistently proven that a
considerable percentage of women offenders in Africa were victims of various forms ofviolence, mental health problems, and alcohol or drugs dependency 19 even before theirincarceration. 20 Sadly, their trauma is worsened by a number of critical problems within the10

Please refer to Appendix 1 for further information.
United States Department of State, (2012) ‘A Practical Guide to Understanding and Evaluating Prison
Systems’, Washington: United States Department of State.
12
Ibid.
13
Ackermann, M., (2014) ‘Women in pre-trial detention in Africa: A review of the literature’. South Africa:
Civil Society Prison Reform Initiative.
14
Ackermann, M., (2014) ‘Women in pre-trial detention in Africa: A review of the literature’. South Africa:
Civil Society Prison Reform Initiative, p. 7.
15
Ibid.
16
Agozino B (2005) Nigerian Women in Prison. In J Sudbury (Ed) Global Lockdown: Race, Gender and thePrison-Industrial Complex. New York: Routledge; Vetten L., (2008) The Imprisonment of Women in Africa. In
J Sarkin (Ed) Human Rights In African Prisons. South Africa: HSRC Press.
17
Ibid.
18
Womankind Worldwide (2008), ‘Taking Stock Update: Afghan Women and Girls Seven Years On’. London.
p. 35. Available at: <http://www.womankind.org.uk/takingstockdownloads.html>. [Accessed 10 February 2015].
19
Barzano, P. 2013. The Bangkok Rules: An International Response to the Needs of Women Offenders, United
Nations Asia and Far East Institute, Resource Material Series No. 90, p. 82–3. Available at:<http://www.unafei.or.jp/english/pdf/RS_No90/No90_11VE_Barzano.pdf> [accessed 2 February 2015].
20
Penal Reform International, ‘Penal Reform Briefing No. 3: Women in Prison – Incarcerated in a Man’s
World’, London, 2008, p. 2; Also see: United Nations Special Rapporteur on Violence Against Women. 2013.
Pathways to, Conditions and Consequences of incarceration for women, A/68/340, 21 August 2013, paragraphs
6 and 7, <www.ohchr.org/Documents/Issues/Women/A-68-340.pdf> [accessed 2 February 2015]; Tibatemwa11- 52 -

region’s penal institutions which disproportionately affect women and which threaten theirrights to human dignity and security of person. These include concerns around reproductive
health needs, mental disorders, increased vulnerability to abuse in prison, as well as
harassment and attempts of exploitation by law enforcement officers. 21
According to Medlicott, female imprisonment ought to be a specialised area of policy;
instead what has transpired is that the women’s prison population ‘has been subsumed into
the male population’ with little differentiation between the two in terms of reform
decisions. 22 This is probably because regardless of their high population growth rate, of the
99,0215 recorded incarcerated persons in Africa, 29,481 are women. 23 Based on this data,
women only make up about 2.97 % of those incarcerated in Africa’s already overstretchedpenal system, ensuring that their specific needs are seldom catered for. 24
It is an accepted fact that the prison service in many countries is generally not a priority
area of governance and as a result is often ignored and/or underfunded. However, it is also
important to note that whenever the rights of women prisoners are discussed, more attention
is placed on those in penal institutions to the detriment of those in police detentions.
In police detention, women are vulnerable to sexual abuse and other forms of violence
which may be used to force confessions to offences they have not committed. With the use ofan example in a report to the African Commission on Human and Peoples Rights, the Special
Rapporteur on Prisons and Conditions of detention noted that the conditions for women heldat police stations in Namibia were very poor, with poor ventilation and sleeping facilities. 25
Apart from women held in police detention, another vulnerable group of imprisoned
women are female combatants held as prisoners of war. These women are few in number
because they are in the minority in armed forces and groups and are also less likely to be infrontline areas where they could be captured. 26 The number of women held for security
reasons related to armed conflict or internal disturbances is also very small in comparison
with that of men, mainly because they are less likely to be perceived as combatants or
potential combatants. 27 But then, given the proliferation of intra-state conflicts in Africa,
there is need for the rights of imprisoned women combatants to become another priority area
in policy discourse and research.

Ekirikubinza L (1999) Women’s Violent Crime in Uganda. Kampala: Fountain Publishers; Vetten L, (2008) The
Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons. South Africa: HSRC
Press.
21
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.
22
Quoted in Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In
African Prisons. South Africa: HSRC Press. This statement was actually made with reference to the United
Kingdom. However, the author of this paper believes that it holds true even in the case of African countries.
23
Calculated based on available prison data on <http://www.prisonstudies.org/map/africa>. [Accessed 18
February 2015].
24
Ibid.
25
ACHPR (2001) Prisons in Namibia. Report on a visit 17-28 September 2001. Special Rapporteur on Prisonsand Conditions of Detention in Africa.
26
Charlotte Lindsey, Women Facing War, ICRC, Geneva, 2001, p. 163, available at <http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/p0798> [Accessed 10 February 2015].
27
Ibid.

- 53 -

III. INTERNATIONAL LAW AND THE RIGHTS OF WOMEN PRISONERSInternational law provides the necessary model, best practice and assessment framework
for African prisons and their obligations to women prisoners. It is for this reason that thispaper will commence the analysis of its subject matter with an overview of existing
international standards.
In 1955, the First United Nations Congress on the Prevention of Crime and Treatment of
Offenders adopted the most recognised non-treaty text within the international legislative
framework on detention. This text, known as the United Nations Standard Minimum Rules
for the Treatment of Offenders (UNSMR) provides the basic guidelines to be observed bystates in the fulfilment of their obligations with regard to incarcerated persons. 28 But then, as
far as its specific application to women is concerned, the UNSMR addresses only theseparation of women and men, the medical care of pregnant detainees and provisions forchildren to be imprisoned with their mothers. 29
In 1988 and 1990, the UN adopted three additional instruments on imprisonment. They
are: the Body of Principles for the Protection of All Persons Under Any Form of Detention
or Imprisonment (1988), 30 the Basic Principles of the Treatment of Prisoners (1990), 31 andthe United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules)(1990). Although they all attempted to fill existing gaps in the expected standards on thetreatment of prison inmates, these three instruments failed to address the UNSMR’s
inadequacies with respect to the particular needs and vulnerabilities of women in detention.
The inadequate protection offered to women prisoners by these instruments did not deterinternational discourse on the issue which was debated at about five annual United Nations
Congresses on the Prevention of Crime and Treatment of Offenders—from the Sixth
Congress held in 1980 to the Eleventh Congress in 2005. 32 At the Tenth Congress, member
states adopted the Vienna Declaration on Crime and Justice: Meeting the Challenges of the
21st Century, 33 in which they avowed to take into account and address, not only within the
United Nations Crime Prevention and Criminal Justice Programme, but also at domestic level,any disparate impact of programmes and policies on women, and to develop
recommendations relevant to the unique needs of female detainees. 34

28

United Nations Standard Minimum Rules for the Treatment of Prisoners, 30 August 1955,<http://www.refworld.org/docid/3ae6b36e8.html> [accessed 2 February 2015].
29
United Nations Standard Minimum Rules for the Treatment of Prisoners, 30 August 1955, Rules 8(a), 23 &53, Available at: <http://www.refworld.org/docid/3ae6b36e8.html> [accessed 2 February 2015]30
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
A/RES/43/173,
9
December
1988,
Principle
52.
Availableat:<http://www.un.org/documents/ga/res/43/a43r173.htm> [accessed 2 February 2015].
31
Basic Principles of the Treatment of Prisoners, 45/111, 14 December 1990, Available at:<http://www.un.org/documents/ga/res/45/a45r111.htm> [accessed 2 February 2015].
32
Barzano, P. (2013). The Bangkok Rules: An International Response to the Needs of Women Offenders. United
Nations Asia and Far East Institute, Resource Material Series No. 90, p. 85. Available at:<http://www.unafei.or.jp/english/pdf/RS_No90/No90_11VE_Barzano.pdf> [accessed 2 February 2015].
33
The Vienna Declaration on Crime and Justice: Meeting the Challenges of the 21st Century, A/RES/55/59, 17
January 2001, Available at: <http://www.unodc.org/pdf/crime/a_res_55/res5559e.pdf> [accessed 2 February2015].
34
United Nations Economic and Social Council, Official Record, Supplement No. 10, Commission on Crime
Prevention and Criminal Justice: Report on the Nineteenth Session (4 December 2009 and 17-21 May 2010),- 54 -

In 2003 and 2008, the United Nations General Assembly called for states to acknowledge
the problems faced by women in detention and to consider the impact of imprisoning womenwith child care duties, as well as babies or small children incarcerated with mothers. 35 At the18th session of the Commission on Crime Prevention and Criminal Justice in 2009, a
resolution submitted by the Government of Thailand was adopted, acknowledging as apremise to the Bangkok Rules that prison facilities are built primarily for males. It had
therefore become necessary to address and accommodate female detainees’ specific needs. 36
In 2009, a group of experts from 25 countries, met in Bangkok to develop supplementaryrules specific to the treatment of women in detention. At the 12th United Nations Congress
on Crime Prevention and Criminal Justice held in 2010 in Salvador, Brazil, the intergovernmental expert group reported on the outcome of the Bangkok meeting and presented
the draft version of the United Nations Rules for the Treatment of Women Prisoners andNon-custodial Measures for Women Offenders (the Bangkok Rules). 37 This was followed by
the adoption of a draft resolution by the Economic and Social Council on 22 July 2010 andfinally, on 21 December 2010, the General Assembly adopted the Bangkok Rules without avote. 38
The guiding objective for the adoption of the Bangkok Rules was not for it to replace the
UNSMR, but rather to complement it with respect to the treatment of women prisoners andoffenders. The Bangkok Rules sought to do this, either by providing clarification on certain
UNSMR rules or by adding provisions that will ensure that the UNSMR standards effectively
respect the rights of all prisoners without discrimination. The Bangkok Rules on the treatmentof female prisoners are applicable right from the moment of pre-trial detention. It also
addresses challenges faced by women in relation to physical and mental health care and thelinks between incarceration and prior victimisation.
In addition to the Bangkok Rules, several other international instruments advocating forthe respect and protection of the rights of women may be applicable within the African penal
system. They include: the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW); the United Nations Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (UNCAT); the United Nations Convention
on the Rights of the Child (CRC); among others.
The Convention on the Elimination of All Forms of Discrimination against Women(CEDAW) advocates for women’s rights to equality, with specific focus on the exercise of
E/CN.15/2010/30, p. 27 & 28, Available at:<http://www.unodc.org/documents/commissions/CCPCJ_session19/Draft_report/E2010_30eV1054137.pdf>[accessed 2 February 2015].
35
United Nations General Assembly Resolutions 58/183 of 22 December 2003 and 63/241 of 24 December
2008.
36
Penal Reform International & Quaker United Nations Office. 2011. Briefing on the UN Rules for theTreatment of Women Prisoners and Non-custodial Measures for Women Offenders (‘the Bangkok Rules’), p. 2,
Availableat:<http://www.penalreform.org/wp-content/uploads/2013/05/PRI-QUNO_English_1-1.pdf>[accessed 2 February 2015].
37
Penal Reform International & Quaker United Nations Office. 2011. Briefing on the UN Rules for theTreatment of Women Prisoners and Non-custodial Measures for Women Offenders (‘the Bangkok Rules’), p. 6,
Availableat:<http://www.penalreform.org/wp-content/uploads/2013/05/PRI-QUNO_English_1-1.pdf>[accessed 2 February 2015].
38
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders(the
Bangkok
Rules),
A/C.3/65/L.5,
6
October
2010,
Availableat:<http://www.ohchr.org/Documents/ProfessionalInterest/BangkokRules.pdf> [accessed 2 February 2015].

- 55 -

civil rights. Currently, South Sudan, Sudan and Somalia are the only African states not tohave signed or ratified CEDAW. 39
The United Nations Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (UNCAT) and the accompanying Optional Protocol to theConvention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment are authoritative umbrella texts that protect all persons against torture and illtreatment whilst deprived of their liberty. Its provisions are gender-neutral and must be
applied to all incidents which fit the description of torture or other forms of ill-treatment
listed in UNCAT. 40
The guiding principles enshrined in the United Nations Convention on the Rights of theChild (CRC) are relevant to women in detention and mothers separated from their children
through imprisonment; especially with respect to the fact that States Parties are expected toconsider the child’s best interest, as well as his or her right to family unity, before separating
him or her from the parent. 41
IV. APPLICABILITY OF THE BANGKOK RULES TO THE SITUATION OF
FEMALE OFFENDERS IN AFRICA
Driven by the significant increase of female detainees worldwide, 42 the Bangkok Rules
set out comprehensive guidelines and standards for the treatment of female prisoners. The
instrument recognises women as a vulnerable group within the criminal justice system andaims to address the various problems affecting them.
The first Bangkok Rule which supplements Rule 6 of the United Nations Standard
Minimum Rules on the Treatment of Offenders (UNSMR) emphasises the need for thepractice of the principle of non-discrimination through adequate consideration for the
distinctive needs of women prisoners and their children. However a critical review of thepresent conditions of several African prisons reveal diverse levels of structural, resource andinstitutional challenges which make it difficult for such obligations to be met. In some cases,
and as will be pointed out in this section, African countries have managed to transform
existing impediments into opportunities for innovation and best practices that can be
replicated across the continent.

39

United Nations Convention on the Elimination of Discrimination against Women, 34/180, 18 December 1979,
Available at: <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx> [accessed 2 February 2015];
List of signatories available at: <https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV8&chapter=4&lang=en> [accessed 2 February 2015].
40
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
A/RES/39/46, 10 December 1984, Available at: <http://www.refworld.org/docid/3ae6b3a94.html> [accessed 14
January 2015].
41
United Nations Convention on the Rights of the Child, 44/25, 20 November 1989, Articles 5, 8, 9(1) and 16.
Available at: <http://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf> [accessed 2 February 2015].
42
Penal Reform International & Quaker United Nations Office. 2011. Briefing on the UN Rules for theTreatment of Women Prisoners and Non-custodial Measures for Women Offenders (‘the Bangkok Rules’), p. 2,
http://www.penalreform.org/wp-content/uploads/2013/05/PRI-QUNO_English_1-1.pdf [Accessed 22 February2014].

- 56 -

A. Humane Treatment during Inmate Admission and Registration
Rule 3
1. The number and personal details of the children of a woman being admitted toprison shall be recorded at the time of admission. The records shall include,
without prejudicing the rights of the mother, at least the names of the children,
their ages and, if not accompanying the mother, their location and custody or
guardianship status.
2. All information relating to the children’s identity shall be kept confidential,
and the use of such information shall always comply with the requirement totake into account the best interests of the children.
Women prisoners are especially vulnerable at the time of their admission due to a variety
of factors, such as the trauma of separation from children, families and communities, pastvictimisation and fears for their safety, the particular stigma associated with theirimprisonment, minimal experience of contact with state authorities, or low educational andeconomic status, among others. Although Rule 3 of the Bangkok Rules recommends the
documentation of necessary information on the children of inmates during their registration
process. Through preliminary research on the Rights of Children of Incarcerated Persons,
PRAWA established that this practice is yet to be the norm in countries like Nigeria where
the rights of such children remain an undiscussed subject. 43
However, with respect to inmate admission, in many African countries there are Prison
Reception Boards made up of the officer in charge of the prison (or his/her designate), prison
officers drawn from the social welfare, medical, psychology, and vocational workshop
departments who will interview the inmate usually within the first 24 hours of his/heradmission into the prison. The purpose of this is to identify the risks and needs of theinmates and determine which cell/section of the prison the inmate will be accommodated andother programmes or services that will be made available to the inmate. Also, in some of thecountries, the prison/correctional services have developed a Prisoners’ Handbook containing
information on the prison rules and regulations, and information on where the inmate canseek help when in need. The Kenyan Prison Service has such a Prisoners Handbook as wellas big sign boards inside many of their prisons displaying the rights of the prisoners, courtesyof the Kenyan Human Rights Commission and others displaying some of the services
provided by NGOs. PRAWA, under the Human Rights Training Integrated (HRTI) Project,assisted the Nigeria Prison Service to produce a Prisoners’ Information Handbook on Rights
and Responsibilities of Prisoners in the English language and five other major Nigerian local
languages – Pidgin English, Ibo, Yoruba and Hausa. These were distributed by the Nigeria
Prison Service to inmates along with posters and stickers on sensitising inmates on their‘Rights and Responsibilities’ and on ‘How to Access the Prison Complaints and Redress
Mechanisms’. In the case of foreign nationals, many African countries do notify therespective consular offices of the detention of their national and they allow visits of suchinmates by the consular representative.
B. Humane Treatment during Inmate Allocation
Rule 4
Women prisoners shall be allocated, to the extent possible, to prisons close to
their home or place of social rehabilitation, taking account of their caretaking
43

Osude U & Imoka U (2015), Respecting the Rights of Children of Incarcerated Person in Nigeria, Nigeria:
PRAWA.

- 57 -

responsibilities, as well as the individual woman’s preference and theavailability of appropriate programmes and services.
Many imprisoned women are mothers and usually primary caregivers for their children. 44
The small numbers of imprisoned women's mean that there are fewer prisons for them,
resulting in women often being imprisoned further away from their homes and having limited
opportunity for interactions with their children. 45 This causes difficulties for the woman inmaintaining her family ties and is especially a problem if she has dependent children.
The existence of very few women's prisons also results in the collective accommodationof women convicted for a wide range of offences in a prison with a high level of security,needed only for very few women. For example, Nigeria has 239 penal facilities 46 across its
36 states but only one exclusive female prison in KiriKiri Lagos State. This prison is a
maximum security prison but is used for the custody of women prisoners within the Lagos
metropolis regardless of their offence.
When a mother is imprisoned, her family will often break up, resulting in many children
ending up in state care institutions or alternative care. Imprisonment far from home also
complicates a woman's resettlement after release.
Recognising these challenges, in 2001, the Kenya Prison Service, under the country’s
prison reform process, commenced an open door policy that resulted in the use of a Remote
Parenting System for inmate rehabilitation. 47 Given the sizeable percentage of single-parent
prison inmates in Kenya, the system encourages the maintenance and improvement of family
relations and the mental health of the inmates by providing them with the opportunity forunrestricted quality time with their children.
The Remote Parenting and Prison Open days occur every quarter at the end of the schoolterms. Currently, the law prohibits inmates from receiving visitors below the age of 18 years.
Through the Remote Parenting System, the Kenya Prison Service (using the inmate contact
information written on their arrest warrants) endeavours to inform members of the inmates’
families of the date for the open days. On those days, prisoners are given the opportunity to
discuss their children’s performance in school through their academic reports and also advise
them on the importance of leading crime free lives. This admirable practice is funded by the
Kenya Prison Service. It encourages good behaviour and promotes the acceptance of theoffenders by the nuclear family and the community at large, hence, positively impacting thesmooth re-integration of offenders at the end of their incarceration.

44

Declaration on women’s health in prison: correcting gender inequity in prison health. Copenhagen: World
HealthOrganization
Regional
OfficeforEurope;2009.
Availablefrom:<http://www.euro.who.int/__data/assets/pdf_file/0004/76513/E92347.pdf> [Accessed 20 February 2015]].
45
Vetten L & Bhana K (2005). The Justice For Women Campaign: Incarcerated Domestic Violence Survivors In
Post-Apartheid South Africa. In J Sudbury (Ed.) Global Lockdown: Race, Gender And The Prison Industrial
Complex. New York: Routledge.
46
The Nigerian Prisons Statistics, June 2013. Available at: <http://www.prisons.gov.ng/about/statisticalinfo.php> [Accessed 20 February 2015].
47
PRAWA, Compendium of Best Prison Practices. Available Online at: www.prawa.org. [Accessed 20
February 2015].

- 58 -

C. Humane Approach to Personal Hygiene
Rule 5[Supplements rules 15 and 16 of the Standard Minimum Rules for the Treatmentof Prisoners]
The accommodation of women prisoners shall have facilities and materials
required to meet women’s specific hygiene needs, including sanitary towels
provided free of charge and a regular supply of water to be made available forthe personal care of children and women, in particular women involved in
cooking and those who are pregnant, breastfeeding or menstruating.
Women in prisons have more specific health issues than men; the most prominent are
related to reproductive health such as menstruation, menopause, pregnancy andbreastfeeding. 48 However, given the poor state of prison infrastructure in various Africancountries, women have little or no access to adequate facilities that can meet theiraccommodation or health needs. Most times, they are housed in prisons specifically built for
male prisoners. A typical example can be seen in Uganda where the women’s wing of the
Masaka Prison was created from what were originally punishment cells for men who broke
prison regulations. 49 These cells lacked proper ventilation and were cold. 50 During a visit to
Abéché prison (Chad) at the end of May 2011 and in March 2012, women prisoners told
Amnesty International delegates that to protect their privacy from male inmates and maleprison guards, they waited until after dark or in the early morning to shower or go to thetoilet. 51
Apart from the poor accommodation facilities available for women prisoners, in several
African countries like Zimbabwe, Chad, Ethiopia, Malawi, Mozambique, Nigeria andUganda, these vulnerable individuals do not have easy access to sanitary towels and must
either depend on others to supply the basic need or improvise with cloths, newspapers, tissues,pieces of blanket or prison uniforms. 52
In a research report on Zimbabwe, women interviewed spoke of how once they had been
locked up for the day, they chose not to change pads or use the waste buckets so as not to
expose fellow inmates to the smell of blood. 53 They added that these buckets could also
overflow and users become splashed with bodily waste when using them while babies who
crawled about at night risked coming in contact with its contents. 54According to Amnesty
International, the lack of access to clean water and adequate sanitation facilities in Chadianprisons contributes to women’s ill-health and also exposes children, infants and babies livingwith their mothers in the prisons to infections which can be life-threatening. 55
48

Declaration on women’s health in prison: correcting gender inequity in prison health. Copenhagen: World
HealthOrganization
Regional
OfficeforEurope;2009.
Availableat:<http://www.euro.who.int/__data/assets/pdf_file/0004/76513/E92347.pdf> [Accessed 7 February 2015].
49
Tibatemwa-Ekirikubinza L (1999) Women’s Violent Crime in Uganda. Kampala: Fountain Publishers.
50
Ibid.
51
Amnesty International, (2012) ‘Chad: “We are all dying here” human Rights Violations in Prisons’. United
Kingdom: Amnesty International Ltd.
52
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press. p. 137; Also see Amnesty International, (2012) ‘Chad: “We are all dying here”
human Rights Violations in Prisons’. United Kingdom: Amnesty International Ltd
53
Samakaya-Makarati J (2003) Female Prisoners in Male Prisons. In C Musengezi & I Staunton (Eds) A tragedyof Lives: Women in Prison in Zimbabwe. Harare: Weaver Press.
54
Ibid.
55
Amnesty International, (2012) ‘Chad: “We are all dying here” human Rights Violations in Prisons’. United
Kingdom: Amnesty International Ltd.

- 59 -

In order to fill this gap, in some African countries, faith-based organisations provide
donations of sanitary towels. In 2013, PRAWA introduced a public appeal campaign togenerate individual support towards provision of sanitary towels for female prisoners in
Nigeria. This scheme is currently running in Kirikiri Female Prison Lagos, Lagos State as apilot and was extended to Suleja Prison in Abuja. The campaign is for the donation of 500
naira (approximately 3.2 USD) for the provision of a monthly supply for a female prisoner.
There are awareness flyers on this initiative for the general public reflecting opportunity for
one-off and regular donations. Water bore holes have also been constructed in few prisons to
help address the problem of water shortage and high cost of purchasing of water. These havebeen constructed either by the government or as a constituency project of some of the elected
legislators/politicians, for example, the construction of a water bore hole at Auchi prison in
Edo State of Nigeria is one of such interventions.
D. Humane Provision of Health Care Services, Mental Health Care and Substance
Abuse Treatment Programmes[Rules 6 to 17 Supplementing rules 22 to 26 of the UNSMR]
Prisoners do not represent a homogeneous segment of society. Many have lived at themargins of society, are poorly educated and come from socioeconomically disadvantaged
groups. They often have unhealthy lifestyles and addictions such as alcoholism, smoking anddrug use, which contribute to poor general health and put them at risk of disease. The
prevalence of mental health problems is very high: some prisoners are seriously mentally ill
and should be in a psychiatric facility, not prison.
Women prisoners frequently suffer from mental health problems, among which posttraumatic stress disorder, depression and self-harming are regularly reported. 56 They sufferfrom mental health problems to a higher degree than for both male prisoners and the general
population, 57 with rates as high as 90%. 58 Evidence shows that women prisoners are more
likely to self-harm and commit suicide than male prisoners, while this is the opposite in thecommunity. 59
Communicable diseases such as HIV, hepatitis and tuberculosis are more prevalent inprisons than in the community. 60 Women are at greater risk than men of entering prison withsexually transmitted infections such as chlamydia, gonorrhoea, syphilis and HIV/AIDS, often
as a result of past high-risk sexual behaviours including prostitution, sex work and being
56

Declaration on women’s health in prison: correcting gender inequity in prison health. Copenhagen: World
HealthOrganization
Regional
OfficeforEurope;2009.
Availableat:<http://www.euro.who.int/__data/assets/pdf_file/0004/76513/E92347.pdf> [Accessed 20 February 2015].
57
Bastick M, Townhead L. Women in prison: a commentary on the United Nations standard minimum rules forthe treatment of prisoners. Geneva: Quaker United Nations Office; 2008. Available at:<http://www.quno.org/geneva/pdf/humanrights/women-in-prison/WiP-CommentarySMRs200806-English.pdf>[Accessed 20 February 2015].
58
Rutherford M. The Corston report and the government’s response: the implications for women prisoners withmental health problems. London: Sainsbury Centre for Mental Health; 2008. Available at:<http://www.scmh.org.uk/pdfs/scmh_corston_response.pdf> [Accessed 20 February 2015].
59
Unequal, unfair, ineffective and inefficient: gender inequity in health. Why it exists and how we can change it. Finalreport to the WHO Commission on Social Determinants of Health. Geneva: World Health Organization; 2007. Available
at: <http://www.who.int/social_determinants/resources/csdh_media/wgekn_final_report_07.pdf> [Accessed 20
February 2015].
60
Health in prisons project. Copenhagen: World Health Organization Regional Office for Europe; 2011.
Available at: <http://www.euro.who.int/prisons> [Accessed 20 February 2015].

- 60 -

victims of sexual abuse. 61 Because of the short sentences that women often serve, there is ahigh turnover rate in women’s prisons which means that there is an intensive interaction
between the prison, the community and wider society. 62
Rule 6The health screening of women prisoners shall include comprehensive screening
to determine primary health-care needs, and also shall determine:• The presence of sexually transmitted diseases or blood-borne diseases; and,depending on risk factors, women prisoners may also be offered testing forHIV, with pre- and post-test counselling;• Mental health-care needs, including post-traumatic stress disorder and riskof suicide and self-harm;• The reproductive health history of the woman prisoner, including current or
recent pregnancies, childbirth and any related reproductive health issues;• The existence of drug dependency;• Sexual abuse and other forms of violence that may have been suffered priorto admission.
The South African Correctional Services Act prescribes a health status examination ofsentenced prisoners upon admission, which includes testing for contagious andcommunicable diseases. 63 A 2012 study conducted in two female prisons revealed thatfemale respondents did not receive annual general medical check-ups, routine pap-smears or
mammograms. 64 Access to health care was reported to be periodic and usually provided uponrequest by the detainee. 65 This notwithstanding, some African countries have introduced
programmes to address the above recommendations of the Bangkok Rules. For example, theZambia Prison Service has a comprehensive programme for screening, counselling andtreatment of inmates which it is running in partnership with NGOs.
Rule 12
Individualized, gender-sensitive, trauma-informed and comprehensive mental
health care and rehabilitation programmes shall be made available for women
prisoners with mental health-care needs in prison or in non-custodial settings.
Rule 13
Prison staff shall be made aware of times when women may feel particular
distress, so as to be sensitive to their situation and ensure that the women areprovided appropriate support.
61

Jones CM, McCann M, Nugent Z. Scottish Prisons’ Dental Health Survey 2002. Edinburgh: Scottish
Executive; 2004. Available at: <http://www.scotland.gov.uk/Publications/2004/02/18868/32855> [Accessed 20
February 2015] .
62
Declaration on women’s health in prison: correcting gender inequity in prison health. Copenhagen: World
HealthOrganization
Regional
OfficeforEurope;2009.
Availableat:<http://www.euro.who.int/__data/assets/pdf_file/0004/76513/E92347.pdf> [Accessed 20 February 2015].
63
Correctional Services Act (Act 111 of 1998) as amended, Section 5(b). Available at:<http://www.dcs.gov.za/Publications/Legislation/DCS%20Act%20111%20of%202008.pdf>[accessed
2
February 2015].
64Artz, L, Hoffman-Wanderer, Y & Moult, K. 2012b. Hard Time(s): Women’s Pathways to Crime andIncarceration. Gender, Health and Justice Research Unit,
University of Cape Town, p. 239. Available at: <http://www.ghjru.uct.ac.za/pdf/hard_times.pdf> [accessed 7
February 2015].
65
Ibid.

- 61 -

An example of this is PRAWA’s provision of trauma counselling and development of achecklist/protocol and a manual for prison health workers to use in the screening of inmates
as well as provision of training for prison health workers 66 on this as well as conducting
periodic medical outreach to prisons in partnership with Association of Christian Medical
Doctors and Medical Students and Medix Frontiers (a student medical association in Nigeria).
Rule 15
Prison health services shall provide or facilitate specialized treatment
programmes designed for women substance abusers, taking into account priorvictimization, the special needs of pregnant women and women with children,
as well as their diverse cultural backgrounds.
Some countries have programmes addressing these issues that are provided either by theprison service, the health department or by NGOs. For example, since 2013 PRAWA
introduced in Nigeria a faith-based drug abuse prevention and awareness programme
targeting both inmates and prison officers. This intervention has proved to be very successful,facilitating joint initiatives between inmates and prison authorities on prevention of
drug/substance abuse in prison. So far, this intervention has been implemented in thefollowing seven states: Cross Rivers, Edo, Rivers, Delta, Ogun, Imo, and Enugu States
covering over 30 prisons and reaching about 25 percent of the total inmate population inthese prisons. PRAWA has also developed a simplified awareness manual for inmates andothers (in and out-of-school youths). Giving the effect of substance abuse on crime, PRAWA
also has introduced this same scheme in secondary schools in one of the states of Nigeria(Enugu State).
E. Women Prisoners and Humane Protection against Abuse and Violence
Rule 7[Supplements rules 22 to 26 of the Standard Minimum Rules for the Treatmentof Prisoners]
1. If the existence of sexual abuse or other forms of violence before or
during detention is diagnosed, the woman prisoner shall be informed of her
right to seek recourse from judicial authorities. The woman prisoner should befully informed of the procedures and steps involved. If the woman prisoner
agrees to take legal action, appropriate staff shall be informed and immediately
refer the case to the competent authority for investigation. Prison authorities
shall help such women to access legal assistance.
2. Whether or not the woman chooses to take legal action, prison authorities
shall endeavour to ensure that she has immediate access to specialized
psychological support or counselling.
3. Specific measures shall be developed to avoid any form of retaliation
against those making such reports or taking legal action.
In many African prisons, as a result of resource inadequacy, services designed
specifically for women to help them feel safe and supported on gender-specific issues, are66This initiative was funded by the International Rehabilitation Council for Torture Victims with funds from
Oak Grants for implementation in the four prisons in Enugu State Nigeria (Nsukka, Oji River, Enugu and Ibitolu
Prisons).

- 62 -

seldom provided. 67 Many women prisoners in Africa are not only victims of gender based
violence before incarceration; given the poor level of security available in penal institutions,they are also victims of violence during incarceration.
According to the UNSMR, women should be kept separate from men. But then,dwindling prison capacity means that women have to be incarcerated with men in many
African countries. In Chad, the lack of effective separation between women and men, and thepresence of male security officers and prison staff in women prisoners’ courtyards,
jeopardized both the safety and security of women detainees. 68 During their visits, Amnesty
International noted that even in prisons with separate accommodation for women, it was easy
for men to move to and from women’s courtyards and cells. 69 In Uganda women prisoners
were only separated from their male counterparts at night. 70 In Natitigou Prison (Benin),
women and men used the same toilet and shower facilities. 71
Where women have no option but to share facilities, the limitations of separation andinsufficient female wardens leaves them exposed to physical, sexual and psychological abusefrom male prisoners which meagre numbers of staff cannot prevent and, indeed, sometimes
participate in. 72Women held in Tunisian prisons have been reported to be subjected to sexual
violence, electric shocks, beatings, cigarette burns and food and sleep deprivation. 73 Tunisianprisons are not the only ones accused of physical abuse. Such reports have also been received
from South Africa, Malawi, Uganda, and Namibia. 74
It is worthy to note that in countries such as Namibia, Ethiopia 75, the Gambia 76 and DRC(at least in one prison) 77, women are guarded primarily by women. But this is not the case inpolice detention. 78 There have been reports of sexual violence against women during police

67

Women in prison: a review of the conditions in Member States of the Council of Europe. Brussels: Quaker Council
for European Affairs; 2007. Available at: <http://www.quaker.org/qcea/prison/Final%20Report%20Part1.pdf>[Accessed 20 February 2015].
68
Amnesty International, (2012) ‘Chad: “We are all dying here” human Rights Violations in Prisons’. United
Kingdom: Amnesty International Ltd.
69
Ibid.
70
ACHPR (2001) Prisons in Uganda. Report on a visit 11-22 March 2001. Special Rapporteur on Prisons andConditions of Detention in Africa.
71
ACHPR (2000) Prisons in Benin. Report on a visit 23-31 August 1999 Series IV, No. 6. Special Rapporteur on
Prisons and Conditions of Detention in Africa.
72
Nana Adae-Amoakoh, ‘Behind Closed Doors: Crimes against Women in Africa's Prisons’, 2 May 2012,
ThinkAfricaPress. Available at: < http://thinkafricapress.com/gender/prison-crimes-women-africa > [Accessed 2
February 2015].
73
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.
74
Ibid.
75
ACHPR (2004) Prisons in Ethiopia. Report on a visit 15-29 March 2004. Special Rapporteur on Prisons andConditions of Detention in Africa.
76
ACHPR (1999) Prison in the Gambia. Report on a visit 21-26 June 1999, Series IV, No. 5. Special Rapporteuron Prisons and Conditions of Detention in Africa.
77
OMCT (2006) Violence against Women in the Democratic Republic of Congo (DRC). Alternative report
prepared for the Committee on the Elimination of Discrimination against Women, 36tgh session 7-25 August.
Available at: <http://www.omct.org/pdf/VAW/2006/CEDAW_36th/CEDAW36_DRC_en.pdf>[Accessed 20
February 2015].
78
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.

- 63 -

interrogations and/or detention in some countries such as Nigeria 79 , South Africa 80 , andCongo 81.
In countries such as Egypt, humiliation is adopted as a method of torture against female
relatives of suspected Islamist militants who are asked to strip naked and are then placed inclosed rooms with naked male detainees. 82
F. Humane Treatment of Pregnant Women, Breastfeeding Mothers andMothers with Children in Prison[Supplements rule 23 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 48
1. Pregnant or breastfeeding women prisoners shall receive advice on theirhealth and diet under a programme to be drawn up and monitored by a qualified
health practitioner. Adequate and timely food, a healthy environment and regularexercise opportunities shall be provided free of charge for pregnant women,babies, children and breastfeeding mothers.
2. Women prisoners shall not be discouraged from breastfeeding their children,
unless there are specific health reasons to do so.
3. The medical and nutritional needs of women prisoners who have recently
given birth, but whose babies are not with them in prison, shall be included intreatment programmes.
Pregnant women rarely receive adequate ante-natal and post-natal care in prison. Prison
services in the large majority of African countries are under-resourced and understaffed.
Consequently, pregnant and breastfeeding mothers are not given enough and adequate food tomeet the minimum level of nutritional requirements for themselves and their babies. 83
In Botswana, the requirement for a healthy pregnancy, such as adequate nutrition,
exercise, fresh air and reasonably sanitary conditions, were reported as not being met. 84 In
countries such as the Central African Republic 85 , Benin 86 , Malawi 87 , Namibia 88 ,79

Agozino B (2005) Nigerian Women in Prison. In J Sudbury (Ed) Global Lockdown: Race, Gender and thePrison-Industrial Complex. New York: Routledge.
80
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.
81
OMCT (2006) Violence against Women in the Democratic Republic of Congo (DRC). Alternative report
prepared for the Committee on the Elimination of Discrimination against Women, 36tgh session 7-25 August.
Available at: <http://www.omct.org/pdf/VAW/2006/CEDAW_36th/CEDAW36_DRC_en.pdf> [Accessed 20
February 2015].
82
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.
83
Amnesty International, (2012) ‘Chad: “We are all dying here” human Rights Violations in Prisons’. United
Kingdom: Amnesty International Ltd.
84
Modie-Moroka T & Sossou M (2001) Women, Criminality and Multi-focal Empowerment Responses: Some
Prospects for Botswana. Journal of Social Development in Africa 2(16): 5-30.
85
ACHPR (2000) Prisons in the Central African Republic. Report on a Visit 19-29 June 2000 Series IV, No. 7.
Special Rapporteur on Prisons and Conditions of Detention in Africa.
86
ACHPR (2000) Prisons in Benin Report on a visit 23-31 August 1999 Series IV, No. 6. Special Rapporteur on
Prisons and Conditions of Detention in Africa.

- 64 -

Zimbabwe 89 or Mozambique 90 , lack of nutritious food for imprisoned women has beenreported. According to some reports, in Uganda, the government provides prisoners withclothing but does not extend this courtesy to their children, and some babies appeared to begetting the same food as their mothers. 91 On the contrary, in Rwanda a very innovative
scheme was introduced whereby cows are reared in prison and the milk from the cows is
given to the mothers with their babies in prison.
Rule 49
Decisions to allow children to stay with their mothers in prison shall be based on
the best interests of the children. Children in prison with their mothers shallnever be treated as prisoners.
The African Commission on Human and People’s Rights (ACHPR) reports 92 , andresearch has revealed, that children are imprisoned with their mothers in Benin, Ethiopia,
South Africa, Mozambique, The Gambia, Sudan, Nigeria 93 and Uganda. While children may
remain with their mothers until the age of 18 months in Ethiopia. A 2004 visit by the Special
Rapporteur of the ACHPR on Prisons and Conditions of Detention in Africa noted that there
were children as old as eight years in one Ethiopian women’s prison—these children were notattending school. 94 The same was the case for children with their parents in prisons in
Sudan. 95
V. RECOMMENDATIONS
Prisons are not only a reflection of the society within which they are located; their ability
to effectively rehabilitate and care for inmates has a considerable impact on public health,social structures and societal crime rates. In democratic societies the law underpins andprotects the fundamental values of society. To ensure the humane treatment of female
prisoners in African countries, reform efforts have to commence from policies governing
prisons and security agencies who have also been empowered to detain individuals. The
operations of security agencies are strictly governed by existing rules and regulations, thus,
there is a need for effective gender mainstreaming among African security agencies throughgender-sensitive policies that recognise and address the special needs of female inmates andofficers.

87

ACHPR (2001) Prisons in Malawi. Report on a visit 17-28 June 2001 Series IV, No. 9. Special Rapporteur on
Prisons and Conditions of Detention in Africa.
88
ACHPR (2001) Prisons in Namibia. Report on a visit 17-28 September 2001. Special Rapporteur on Prisonsand Conditions of Detention in Africa.
89
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.
90
ACHPR (2001) Prisons in Mozambique. Report on the second visit April 4-14 Series IV, No. 8. Special
Rapporteur on Prison and Conditions of Detention in Africa.
91
Tibatemwa-Ekirikubinza L (1999) Women’s Violent Crime in Uganda. Kampala: Fountain Publishers.
92
ACHPR (2000) Prisons in Benin Report on a visit 23-31 August 1999 Series IV, No. 6. Special Rapporteur on
Prisons and Conditions of Detention in Africa; ACHPR (2004) Prisons in Ethiopia on a visit 15-29 March 2004.
Special Rapporteur on Prisons and Conditions of Detention in Africa.
93
Osude U & Imoka U (2015), Respecting the Rights of Children of Incarcerated Person in Nigeria, Nigeria:
PRAWA.
94
ACHPR (2004) Prisons in Ethiopia on a visit 15-29 March 2004. Special Rapporteur on Prisons andConditions of Detention in Africa.
95
Vetten L., (2008) The Imprisonment of Women in Africa. In J Sarkin (Ed) Human Rights In African Prisons.
South Africa: HSRC Press.

- 65 -

Legal reforms cannot be considered effective without adequate resources for the
implementation of recommended standards. Resource inadequacy remains a major
impediment in the quest for African penal reform. As shown in this paper, this inadequacy
has further hindered the capacity of detention facilities to accommodate the needs of female
prisoners. In many countries, the security sector remains one of the most funded sectors.
However, since prisons are not considered among the traditional security institutions in
African nations, they remain the least funded criminal justice sector organ. This paper
maintains that there is a need for African countries to shed the past perception of prisons as
instruments for retributive justice and embrace instead the understanding that penal
institutions are rehabilitation facilities. This is a task that can be effectively implemented
through collaboration between government and non-governmental organisations.
Nevertheless, it falls on non-governmental organisations to drive this change by sensitisingboth policy makers and the public. A change in public perception will go a long way ininfluencing the government’s disposition and commitment to combating the problem ofresource inadequacy within penal institutions.
In November 2013 during its 21st Session, the African Committee of Experts adopted a
General Comment to Article 30 of the African Charter on the Rights and Welfare of the Child
which lays out a number of provisions ensuring ‘special treatment’ for pregnant women andmothers who are accused or convicted of criminal offences. The committee also mandated
State’s Parties to ensure that non-custodial sentences are always considered first for primary
caregivers, pregnant women and mothers of young children for whom they must establish
alternatives to detention. Although there is still little development within the continent in thisarea, these directives from the African Committee of Experts present a regional legal
framework binding on states for the protection of children of incarcerated persons and theircaregivers.
Given the poor state of prison health facilities there is a need for integration of the prison
health care services into the national public health care system, while mental health careservices are integrated into the primary health care system of African nations. This will
ensure that prison inmates have access to services available within communities, inaccordance with international human rights standards. Furthermore, the integration of mental
health care into the primary healthcare system will tackle the issue of stigmatisation andcriminalisation of mental health disabilities within African communities.
The management of prisons is primarily about the management of human beings, bothstaff and prisoners. There is a current consensus that safety and security in prisons dependon creating a positive climate which encourages the cooperation of prisoners. 96 This
perception of security is called Dynamic Security and is believed to be especially suitable
to the needs of female prisoners, due to the particularly harmful effects that high security
measures can have on women to the detriment of their mental well-being and social
reintegration prospects. 97
In addition to the above-mentioned physical security techniques, there is also need forthe development and adoption of clear policies and guidelines against the perpetuation ofviolence against inmates and sexual misconduct by staff in prisons. All forms of violence,
sexual intercourse with prisoners and sexual touching should be criminalised with obligations
96

UNODC (2008), Handbook for prison managers and policymakers on Women and Imprisonment, Criminal
Justice Handbook Series. New York: United Nations.
97
Ibid.

- 66 -

placed on prison officers to report instances of abuse or sexual misconduct perpetrated
by other staff in addition to both internal and external monitoring and oversight mechanisms.
Finally, African prison officers need to be trained and sensitised in gender issues.
VI. CONCLUSION
Regardless of their small numbers within the African penal system, the plight of female
prisoners cannot continue to be an afterthought in an already over-burdened system. As theprimary protection mechanism for its citizens, the state’s inability to provide adequate
rehabilitation services under humane conditions for female prisoners is a failure that must be
addressed.

- 67 -

APPENDIX 1
PRISON DATA FOR FEMALE INMATES INAFRICA 98

S/N COUNTRY

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

Algeria
AngolaBenin
Botswana
Burkina
Faso
BurundiCameroon
Cape
VerdeCentralAfricanRepublic
Chad
Comoros
Congo(Brazzaville)
Cote
d'Ivoire
Democratic
Republicof Congo
Djibouti
Egypt
Equatorial
GuineaEritrea
Ethiopia

20
21
22
23

Gabon
GambiaGhana
GuineaBissau24 Kenya
25 Lesotho
26 Liberia
98

AVAILABLE PRISON DATAPAST PRISON DATAAS AT 18/02/2015
RATE OFINMATE FEMALE FEMALE YEAR FEMALE FEMALE POPULATIONPOPULATION INMATE INMATEINMATE INMATE INCREASE(TOTAL) POPULATION POPULATIONPOPULATION POPULATION(TOTAL) (%)(TOTAL) (%)
60000
600
1.0
2000
626
1.8
-4.2%
21634
80
2.7
1999
97
2.0
-17.5%
7247
362
5.0
2000
140
3.6
158.6%
4124
136
3.3
2001
289
4.6
-52.9%
5976
101
1.7
2001
25
1.0
304%

7793
25337
1434

374
506
57

4.8
2.0
4.0

2002
N/A
N/A

216
N/A
N/A

2.5
N/A
N/A

73.1%
-

845

69

8.2

N/A

N/A

N/A

-

4831
206
1500

135
4
43

2.8
1.9
2.9

N/A
N/A
N/A

N/A
N/A
N/A

N/A
N/A
N/A

-

8900

258

2.9

N/A

N/A

N/A

-

22000

660

3.0

N/A

N/A

N/A

-

550
62000
1000

30
2294
56

5.5
3.7
5.6

N/A
2002
N/A

N/A
2213
N/A

N/A
4.3
N/A

3.7%
-

N/A
93044

N/A
2605

N/A
2.8

N/A
2034

N/A
3.3

28.1%

3500
914
14728
92

N/A
28
220
4

N/A
3.1
1.5
4.3

N/A
2001/
02
N/A
N/A
2000
N/A

N/A
N/A
143
N/A

N/A
N/A
1.5
N/A

53.8%
-

53163
2401
1827

2817
84
58

5.3
3.5
3.2

2001
2000
2001

1486
139
N/A

4.2
4.5
5.0

89.6%
-39.6%-

Available at: <www.prisonstudies.org>.

- 68 -

27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56

Libya
Madagascar
MalawiMali
Mauritania
Mauritius
MayotteMoroccoMozambique
Namibia
Niger
Nigeria
Republicof Guinea
ReunionRwanda
Sao TomeandPrincipe
Senegal
Seychelles
SierraLeone
SomaliaSouth
Africa
South
Sudan
Sudan
Swaziland
Tanzania
Togo
Tunisia
UgandaZambiaZimbabwe

6187
18719
12156
4963
1664
2233
163
72816
15663
4314
7116
56785
2600

74
842
133
149
33
140
2
1747
610
116
213
1192
125

1.2
4.5
1.1
3.0
2.0
6.3
1.1
2.4
3.9
2.7
3.0
2.1
4.8

2004
2003
2001
N/A
N/A
2000
N/A
2002
1999
2000
2006
2000
2002

387
650
91
N/A
N/A
78
N/A
1776
551
104
183
709
61

3.3
3.4
1.3
N/A
N/A
4.7
N/A
3.3
6.3
2.1
3.2
1.9
2.0

-80%
29.5%
46.2%
79.5%
-1.6%
10.7%
11.5%
16.4%
68.1%
104.9%

1034
55618
194

37
3559
8

2.6
6.4
4.1

N/A
2002
2002

N/A
2925
3

N/A
2.6
2.3

21.7%
166.7%

8428
786
3792

286
35
136

3.4
4.5
3.6

2000
2002
2007

183
4
66

3.7
2.7
3.3

56.3%
775%
106.1%

3450
157824

N/A
3945

N/A
2.5

N/A
2000

N/A
3966

N/A
2.5

0.5%

7500

397

5.3

N/A

N/A

N/A

-

19101
3616
35301
4287
2500
41837
17038
17484

382
94
1200
137
67
1757
170
314

2.0
2.6
3.4
3.2
2.7
4.2
1.0
1.8

N/A
2002
2005
N/A
N/A
2005
2005
2001

N/A
133
1515
N/A
N/A
901
237
671

N/A
3.9
3.3
N/A
N/A
3.4
1.7
3.5

-29.3%-20.8%
95%-28.3%-53.2%- 69 -