ASSESSM ENT AND TREATM ENT OF FEMALE PRISONERSIN AFRICA
Dr. Uju Agomoh

I. INTRODUCTION
This paper presents a brief assessment and overview of the treatment of female prisoners in Africa
as well as examines various past and ongoing interventions in some African countries which promote
the implementation of the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (The Bangkok Rules)1. The term ʻprisonersʼas used in thiscontext refers to all females detained or incarcerated in prison irrespective of the reason(s)for theirdetention/incarceration. These include awaiting trials/remand prisoners, convicted/sentenced prisoners,debtors,lifers,prisoners on death row,prisoners detained as ʻ
civil lunaticsʼorʼcriminal lunaticsʼ
,etc. It is important to note that there are some amongst this category that are not ʻ
offendersʼas they
have not committed anyoffence example those classified in the prison records asʻ
civil lunaticsʼ― theseare mentally disabled persons that are detained not because of having committed a crime but becauseof their mental disability. Also, within those categorised as ʻ
offendersʼare awaiting trial persons.
Legally speaking these cannot be described as ʻ
offendersʼas by law they are still ʻdeemed innocentʼ
until they are proven guilty by a court of competent jurisdiction after the completion of their trial.
Sadly,it is worth noting that a high percentage of female prisoners fall within this category of persons(i.e. the Awaiting Trial Persons ʻ
ATPsʼor Awaiting Trial Females ʻ
ATFʼ
. The presumption of
innocence is provided for by the African Charter on Human and PeoplesʼRights (hereafter referred toas the African Charter)as well as some national legislation of most (if not all)member states of theAfrican Union.2
The Nigerian Prison Service recognizes five forms/legal reasons for detention/incarceration of
female prisoners, namely3:(i). Women against whom a court of competent jurisdiction has decided a case. These are usually
brought into prison with ʻConviction Warrantsʼ
.
(ii). Women whose cases are pending before courts and are brought into prison with ʻ
RemandWarrantsʼissued by such courts. These may either be awaiting trial or awaiting sentence.
(iii). Women committed as judgement debtors by the courts for whom the judgement creditor
deposits feeding money with the prison authorities.
(iv). Women members of the armed forces who commit offences prohibited by the military andcivilian accomplices committed to prison through court martial.
(v). Women committed to prison by the Inspector ― General of Police or Chief of Army Staff foracts detrimental to state security under Decree No 2 of 1984 (now repealed).

Executive Director, PrisonersʼRehabilitation and Welfare Action (PRAWA), Nigeria; President, Africa Chapter,
International Corrections and Prisons Association (ICPA)
1UN Resolution 65/229 adopted by the General Assembly［on the report of the Third Committee (A/65/457)］.
2See Article 7(b)of the African Charter. The Charter was adopted at the 18th Ordinary Session of the Assembly of Heads
of State and Government of the Organisation of Africa Unity(now African Union)on June 27,1981 and came into force
on October 21, 1986, OAU Doc/CAB/LEG/67/3/Rev.5 registered with the United Nations on September 10, 1991, No.
26363. Available Online at http://www.umn.edu/humanrights/africa>. The African Charter has been domesticated in
Nigeria as the African Charter on Human and PeoplesʼRights (Ratification and Enforcement)Act,Cap.10,Laws of theFederation of Nigeria. See also section 36(5)of the 1999 Constitution of the Federal Republic of Nigeria for an example
of such national legislation that provides for ʻ
holden chargeʼpractice.
3See Agomoh U and Ogun B (2000), Manual for the Training of Prison OfficerTrainers on the United Nations Standard
Minimum Rules for the Treatment of Prisoners, PRAWA:Lagos, at pages 17-18.

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Interestingly, section 19 of the Prison Act of Nigeria defines a woman prisoner as “any person
lawfully committed to custody”. Analysing the implication of this provision it has been argued
elsewhere that:
The implication ofthis(provision ofthe Nigeria Prison Act)is that for a woman to be recognised
as a prisoner in Nigeria,her confinement to prison must be lawful. It means then that a woman
committal to prison is illegal, (whether as a result of procedural or substantive defect in thecommittal process),cannot be lawfully described as a prisoner. This raises serious questions as
to the legal status of awaiting trial women who are often charged by magistrates who have nojurisdiction to try them and are remanded in prison custody by such magistrates pending theirproper trial before a competent court.4
This practice is commonly described as the ʻHolding Chargeʼ― a practice that has been widely
criticised and condemned5. It is also inconsistent with the provision of section 35(1)(c) of the 1999
Constitution of the Federal Republic of Nigeria.
It is important to point out the fact that it is not the assumption in this paper that Africa is ahomogeneous entity having a common legal framework and administration of criminal justice. The
treatment of female ʻ
offendersʼis not the same in all African countries. There are some variations
especially traceable to the colonial heritage of the respective African countries. For example, thepractices in countries colonialised by the United Kingdom are based on the common law system andare accusatorial in nature (for example Nigeria, Kenya, Zambia, M alawi, Zimbabwe, Namibia,
Tanzania,Ghana,The Gambia,etc.). This differs from the practices in countries that were colonisedby the French (for example Benin Republic,Senegal,Togo,Burkina Faso,Mali,Guinea,etc.)with legal
systems that are more inquisitorial.
Furthermore, there are also other noticeable differences in the countries in respect of their prison
conditions attributable to the varying levels of political stability in the respective countries. For
example, the treatment conditions of female offenders/prisoners in countries in conflict/post conflictsituations (for example Burundi, Democratic Republic of Congo, Central African Republic, South
Sudan, etc.) differ significantly from those of countries with relatively stable political conditions(Zambia,South Africa,Namibia,Ghana,etc.). Note that the operative word here is ʻ
relative stabilityʼ
as we know that a country may be said to be politically stable but can the next day,month or year be
faced with some conflict and political instability. Also,there are countries emerging from conflicts,but
they have made some giant strides in improving their criminal justice processes that may be argued tooutweigh that made by some countries that never experienced such conflicts. Rwanda is an example
of such a country which through its Gacaca and community corrections initiatives and other positivereforms was able to significantly reduce its prison population from over 130,000 (after the genocide)toless than 65,000 inmates by 2012.
However,despite the point made above there are some similarities that can be said to be noticeable
in many African countries though the magnitude of these may differ from country to country. In
examining the treatment of female offenders in Africa attempt will be made where possible to indicate
the applicable country under reference.

II. THE CONTEXT
It is widely known that female prisoners constitute a minority in the prison statistics across the

4Agomoh U and Akpekong O (2004)eds, Women Prisoners and Mothers With Babies in Prison in Nigeria,by Ndombana

N, PRAWA:Lagos at page 19. See also, section 236(3) of the Criminal Procedure Law of Lagos State Nigeria for an
example of such a law.
5See the decision of the Court of Appeal in Bayo Johnson v Lufadeju and AttorneyGeneral of Lagos State(2002)8 NWLR
(Pt 768)page 192. See also Onagoruwa v The State (1993)7 NWLR (Pt 303)page 49 at 107.
6It has been estimated that female prisoners account for approximately 5 percent of the total prison populationworldwide. See, Penal Reform International, “Vulnerable Prisoners: omen and M others”, International Training
Programme Good Prison Management Kit,Available at http://www.penalreform.org/download/resources kits/kit1-B3>.

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globe6. The situation in Africa is consistent with this fact. For instance,the statistics indicate that thepercentage of female prisons out of the general prison population of African countries ranges fromabout 0.8 percent to 8.2 percent. The countries with relatively higher proportion of female prisoners
are:Central African Republic (8.2 percent), Rwanda (6.4 percent), M auritius (6.3 percent), Kenya (5.3
percent),Benin Republic (5 percent),Burundi (4.8 percent),Republic of Guinea (4.8 percent),M adagascar (4.4 percent), Guinea Bissau (4.3 percent), Cape Verde (4.2 percent), and Congo Brazzaville (4.1).
The countries with relatively lower proportion of female prisoners are:Malawi (0.8 percent),Zambia(1 percent), Algeria (1 percent), M ayotte (1.1 percent), Libya (1.2 percent), Burkina Faso (1.3 percent),
Comoros (1.5 percent), Ghana (1.6 percent), The Gambia (2 percent), Djibouti (2 percent), Mali (2percent), Nigeria (2 percent), Tunisia (2 percent), Sudan (2 percent), and Uganda (2 percent). See theappendices section for more details. A closer look at these figures shows that many of the countries
with relatively higher proportions of female prisoners are mainly countries that do not have thecommon law legal system. The only exception to this rule is Kenya. One may ask whether the abovereflect a higher offending behaviour or a harsher treatment of female offenders in these countries. We
do not have enough evidence to address these questions. However it is worth noting that the range of
0.8 percent to 8.2 percent still represents a minority within the prison population. An interestingassessment will be to also find out if this mirrors the statistics within the entire criminal justice system― police, court, probation, parole, community service and other non-custodial sanctions and not justthe prison statistics.
Another observation from the analysis of the prison population statistics is that:―

There seems not to be any correlation between the number of the total prison population andthe proportion of female prisoners―

Also, there is no correlation between the number/percentage of ATPs and the proportion of
female prisoners.

For example, in relation to the total prison population figures countries such as Central African
Republic which had the highest indicated female prison population has a total prison population of 845,
M alawi with the lowest figure indicated female prison population has a total prison population of
12,236. South Africa, Ethiopia, Algeria, Egypt, Morocco, and Nigeria with 156,370, 112,361, 60,000,
60,000, 72,000, and 53,842 total prison populations respectively had between 1 to 3.7 percent of thispopulation as female prisoners. The only exception is Kenya which had a total prison population of
52,000 and the proportion of female prisoners stood at 5.3 percent,which is relatively high. Though anote of caution needs to be made here with respect to the fact that these figures can only give a useful
picture when they are calculated in relation to the general population of the country, the above
portrayed trend is still worth noting. In relation to the percentage of ATPs there also seems not to be
any correlation with the proportion of female prisoners in any given country. Countries with highproportion of ATPs did not necessarily have high proportion of female prisoners. For example,Libya(87.2 percent ATP population had 1.2 percent of its prison population as female prisoners),Democratic
Republic of Congo (82 percent ATP population had 3 percent of its prison population as female
prisoners), Congo Brazzaville (75 percent ATP population had 4.1 percent of its prison population as
female prisoners),Benin Republic (74.9 percent ATP population had 5 percent of its prison population
as female prisoners), Central African Republic (70.2 percent ATP population had 8.2 percent of its
prison population as female prisoners),Nigeria (68.7 percent ATP population had 2 percent ofits prison
population as female prisoners), and Chad (63.4 percent ATP population had 2.8 percent of its prison
population as female prisoners). The only exception to this is Central African Republic.
The issue of women being a minority within the criminal justice system of many African countries(just as in many other jurisdictions)poses serious consequences as most (if not all)prisons are ʻ
malestreamedʼ― constructed to carter largely for the male prison population without adequately reflecting
a gender-sensitive approach and thus unable to cater adequately for the special needs of female
prisoners. On this point, it has been aptly stated elsewhere that:
There is one category of detainees which is seldom mentioned ― women. They do not fit the
typical image of a prisoner. They are not ʻ
real prisonersʼ 7

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Beyond the issue of the proportion of the female prisoners and the implication of these as describedabove,there are other factors that have been observed amongst female offenders. To explain this we
will refer to the findings observed from a study of 57 prisons in Nigeria conducted by the Prisonersʼ
Rehabilitation and Welfare Action (PRAWA). The following were the findings8:(i). Age:86.8 percent of the female prisoners were aged 18-50 years, 3 percent were under 18 years and 10.1
percent were above 50 years,thus,indicating the presence of some juveniles and the elderly in someof the prisons.
(ii). M arital Status/Number of Children:
40.3 percent of the female prisoners were married while 38.8 percent were single,12.4 percent weredivorced while 8.5 percent were widowed. 65 percent had children at home before their detention/
imprisonment. It is important to note the high number of both the married and those that are notyet married as both of these factors have implications that constitute major concerns and stress tothe female prisoners.
(iii). Pregnancy Status:
9.3 percent of the female prisoners interviewed were pregnant while 7.8 percent delivered theirbabies while in prison. There were pregnant female prisoners and female prisoners with babies in
27 out of the 57 prisons visited during the course of this study. This highlights the need to provide
adequate facilities for pregnant female prisoners and those with their babies in prison including
pre-natal, post-natal, and creche facilities, etc.
(iv). Educational Status:
32.6 percent of the female prisoners had no education,35.7 percent had some primary (elementary)school education and 26.4 percent had some secondary school education while only 5.5 percent had
or attempted a higher education programme. Thus, 94.5 percent could be described as fallen
between the ʻ
stark illiterate and semi-illiterateʼgroup. This has implications for designing rehabilitation and reintegration of the female prisoner.
(v). History of Criminality:
91.5 percent of the female prisoners were first offenders. Some of the female prisoners reported thatthey were not the actual crime suspects in the cases but the sisters, or mothers, or wives, ordaughters or girlfriends of the main male suspect. They explained that they were arrested by thepolice and detained with the hope that the actual suspect will give themselves up before these
women will be released. Often the main (male)suspect absconds and the charge will not be indicatedas ʻ
hostage takingʼbut usuallythis will be reflected asʻ
conspiracyto commit whatever is the offence
the male suspect was suspected to have committedʼ
. This contravenes article 7(2) of the African
Charter which states as follows:ʻ
Punishment is personal and can be imposed only on the offenderʼ.
As explained in the introduction section,there are also some women that are detained in prison asʻcivil lunaticsʼ― an official prison categorisation for persons with mental disability who have beendetained under the order of the court as without necessarily committing any offence. This is likepreventive detention. There was a case of one of these women who was detained as a ʻcivil lunaticʼ
under the instigation of her husband because he wanted to ʻ
put her out of circulationʼto enable him
marry a new wife as he was tired of her frequent mental health relapse.
With respect to the type of offences,these female prisoners were charged with the following crimes:
M urder (34.1 percent), Stealing (12.4 percent), Assault (12.4 percent), Armed Robbery (4.7 percent),
M anslaughter (0.8 percent),Traffic Offences (0.8 percent),and others (31 percent). From the above,one
may be tempted to argue that the majority of the female prisoners are charged with violent offences
not economic-related offences. This may be the case when the scope of the research covered many
7Jacques Moser, “Forgotten Prisoners:Women”, as cited by Charlotte Lindsey,In:“
Women and War:The Detention of

Women in Wartimes”, ICRC, June Vol. 83, No.842 at page 506.
8Agomoh U and Akpekong O (2004)eds. Op. cit. at page 6.

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prisons. However,in earlier research conducted by the presenter focusing only on the Female Prison
Kirikiri Lagos9 it was observed that about 50 percent of the total female prisoners in this prison (whichholds the majority of the female prisoners in Nigeria)were charged for drug-related offences.
(vi). Condition of Treatment:
These include the following:(a). Access to Legal Representation ―Over 50 percent of the female prisoners were on remand and 60.5 percent of these had no legal
representation.
(b). Visits ―88.4 percent of the female prisoners interviewed reported that they were visited either by theirspouses, children, parents, relations, friends, religious groups, philanthropic organisation,
counsel or fiances. 11.6 percent of these reported that the visits occur once yearly while mostreported that they were visited either weekly or monthly. There were also those that neverreceived any visits. These may be because they were either outrightly abandoned by friends
and families or their relations did not know of their detention/incarceration.
(c). Access to basic materials:
10.4 percent did not have bathing/washing soap,70.8 percent had no footwear,61.3 percent had
no uniform, 52.8 percent had no beddings and 74.6 had no sanitary pads. The method ofacquisition of these materials varies, including the following: distribution by the prison
authorities (85.4 percent),purchase by inmates (13.5 percent),and exchange for sex (2 percent).
Some also explained that they acquired these materials through begging and gifts from
relatives and other visitors. In relation to the clothing of the babies in prison,the respondents
reported that these are acquired through purchase from outside the prison (36.8 percent),gifts(52.6 percent)and through distribution from the prison authorities (10.5 percent).
With respect to the issue of ʻ
exchange for sexʼthis may be referring to homosexuality withfellow inmates. It was not probed further during the course of this particular research.
However,in a different research of Six African Countries (Zambia,Kenya,Rwanda,Burundi,
Nigeria and the Democratic Republic of Congo)10 conducted by PRAWA in 2009 ― 2010 female
prisoners in Burundi prisons openly informed the researchers during Focus Group Discussions
that they require condoms because they use these for their protection while having sex andthat theyallow this to enable them have access to food and other necessarymaterials in prison.
(d). Feeding:
96.7 percent of the respondents reported that they feed three times daily. 32.8 percent complained about the quality of food they were given. No separate feeding arrangement is madefor pregnant women and nursing mothers except the addition of the babies in prison to thetotal number of those to be fed in prison. It is important to note that the pregnant and nursing
mothers in prison feed on the same menu and budget as every other prisoner. The feeding
allocation of 150 naira (less than a dollar)a day per prisoner is grossly inadequate. More so,
the food contractor will still make his/her margin of profit on this meagre allocation. The
issue of increase of the amount of the prisoners daily feeding is being currently advocated.
(e). Medical Care:
74.4 percent reported that they receive medical attention in prison while 25.6 percent reported
that they did not receive any such care. 92 percent reported that medical examination anddrugs were made available to the prisoners. 45.5 percent reported that the female prisoners
9 This is the only exclusively female prison in Nigeria. Others are mixed prisons with a wing/unit designated for females.

See Agomoh U (2001). Female Prisoners: A Case Study of Female Prison Kirikiri Lagos Nigeria, Unpublished PhD
Thesis, Department of Sociology, University of Ibadan, Nigeria.
10 See Prison Reform Interventions in Africa Baseline Report on Burundi,produced by PRAWA with the funding supportof the Dutch Ministry of Foreign Affairs.

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received ante-natal and post-natal care in prison while 54.5 percent reported that this was notprovided. 78.9 percent reported that the babies with their mothers in prison enjoy medical
attention in prison but 21.1 percent reported that this was not the case. This conflicting reportsuggests that there seem to be variations from prison to prison with respect to the provisionof medical care for female prisoners and for babies with their mothers in prison (or at least
with the perception of female prisoners of the availability of these services).
It is important to note that many of the female prisoners reported high levels of sleeplessness,depression and emotional stress. Thus, making this consistent with studies elsewhere, forexample, the British Department of Health11 estimated that 75 percent of female prisoners
suffer from various neuroses including depression, anxiety and phobias while approximately
58 percent of the male prisoners were similarly affected.
(f). Hygiene:
The research indicated that about 29.8 percent of the respondent reported that they bathe oncein three to seven days because of the unavailability of water while 55 percent reported thatthey bathe daily. The shortage of water is usually more prevalent amongst prisons located inrural or semi-rural areas.
The objectives of the above study were to12:
―
―
―
―
―

Establish a common understanding of women prisoners and mothers with babies in prison in
Nigeria.
Discuss the special needs of women prisoners and mothers with babies in prison and set
priorities with regards to treatment that takes into consideration these unique needs.
Increase awareness and understanding of international, regional and national human rights
instruments on the treatment of women prisoners and mothers with babies in prison.
Analyse the field assessment findings on this vulnerable group of prisoners with a view toestablishing a common understanding of their conditions of treatment.
Formulate a national plan of action on the treatment of women prisoners and mothers withbabies in prison, police and other detention centres.

Some of the recommendations made following this survey are replicated in this paper though withsome modifications as follows:(i).Adequate facilities that meet the specific physical and mental health needs of women prisoners
should be provided in accordance with international human rights standards.
(ii). Well equipped vocational training workshops and educational programmes should be madeavailable to the prisoners in line with set minimum standards ensuring sustainability and income
generation for the inmates (towards their resettlement back into the community). M icro credit
schemes may also be introduced to support this initiative or to fast track it.
(iii). Adequate recreational facilities should be provided for the physical fitness of the female
prisoners.
(iv).Appropriate counselling should be provided for women prisoners to reassure them oftheir senseof self-worth. This should be routinely provided for all female prisoners on admission. This is themost vulnerable period as most female prisoners experience the greatest anxiety and stress at thisstage.
(v).Special attention should be given to the reproductive health needs of the female prisoners. Dueconsideration should be given to the use of non-custodial sanctions and only use imprisonment incases where this is absolutely necessary given the gravity of the offence or the likely violence or
11 1998 Report cited in Penal Reform International, op. cit.
12 Agomoh U and Akpekong O (2004)(eds), op. cit. page 7.

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harm to the female prisoner or to the general community and where no other alternative sanction
is a applicable/available. Adequate support and counselling should also be provided for female
prisoners who are experiencing menopause.
(vi).Adequate attention should be paid to other health needs of the female prisoners. For example,
proper treatment should be given to cases of sexually transmitted diseases (including for those
suffering from HIV/Aids)and screening for breast and cervical cancers.
(vii).Qualified mental health professionals should be deployed to all prisons to attend to the mental
health needs of female prisoners while attempts must be made to divert all cases of ʻ
civil lunaticsʼ
to proper therapeutic settings for their appropriate treatment and care.
(viii).The sanitary needs of all female prisoners should be regularlyprovided to cover their monthly
requirement and this should be covered by the State. Necessary sanitary facilities including
portable water and proper toilet system and drainage provided.
(ix).Steps should be taken to provide speedy and quality criminal justice delivery process to ensure
the reduction in the long duration in pre-trial detention.
(x).Necessary steps should be taken to ensure that female prisoners are adequately protected fromphysical and sexual violence or abuse bycriminal justice agents― police,prison,court officials,etc.
They should equally be protected from all other forms of ill-treatment.
(xi).Adequate and clean clothing should be provided for female prisoners including for mothers with
their babies in prison.
(xii). The authorities should take up the responsibility of providing nourishing food necessary forthe proper development of the babies with their mothers in prison and provide adequate clothing forthem.
(xiii).Well staffed nursery with adequate facilities should be established in female prisons/detention
facilities for the proper care of the babies when they are not with their mothers.
(xiv). Every decision taken by the authorities in relation to the mother or baby should be taken in
the best interest of the child13.
(xv).Alternative sentencing should be adopted (where possible)for mothers with young babies whoare convicted of criminal offences.
(xvi).Female prisoners on admission or whenever suspected to be pregnant should be screened andwhere their pregnancy is confirmed,be given adequate pre-natal care and upon delivery post-natalcare. They should be provided with nutritious diets and vitamin supplements to prevent birthdefects or loss of pregnancy and they should be encouraged to take regular mild exercises andadequate ventilation. Where possible,the birth of the babies should be at hospitals/clinics outside
the prison.
(xvii). Review of all relevant statutes/laws and administrative policies/processes to bring these incompliance with the Bangkok Rules and other relevant/applicable international and regional
human rights standards.
(xviii). Full implementation of the rule on the inadmissibility of all statements obtained throughtorture and criminalisation of torture14 where this is not already the case.

13 This is consistent to the provision of the Child Rights Act 2002,Federal Republic of Nigeria. See also Art 37(c)of theConvention on the Rights of the Child, adopted by the UN General Assembly, Resolution 44/25 of 20 November, 1989.
14 This is provided by the UN Convention Against Cruel,Inhumane,and Degrading Treatment or Punishment (UNCAT).

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RESOURCE MATERIAL SERIES No. 94(xix).Training of law enforcement and criminal justice agencies on human rights and good prison/correctional practices.
(xx), Establishment of adequate monitoring and oversight process to ensure compliance withinternational human rights standards in the treatment of female prisoners (and all other prisoners)
including the establishment of National Preventive Mechanisms15.
(xxi). Provision of adequate funding, and facilitation of co-operation, building of synergies andsupport amongst government, private and voluntary agencies towards the implementation of the
Bangkok Rules.

III. IM PLEM ENTING THE BANGKOK RULES
In discussing this attempt will be made to draw on some examples of good of practice especially in
relation to creative interventions applicable or adaptable in resource constrainted environments which
complies with implementation of the principles and standards contained in the Bangkok Rules.
On Admission:
Rule 2
1. Adequate attention shall be paid to the admission procedures for women and children,due
to their particular vulnerability at this time. Newly arrived women prisoners shall be
provided with facilities to contact their relatives;access to legal advice;information about
prison rules and regulations, the prison regime and where to seek help when in need in alanguage that they understand;and, in the case of foreign nationals, access to consular
representatives as well.
2. Prior to or on admission, women with caretaking responsibilities for children shall bepermitted to make arrangements for those children, including the possibility of a reasonable suspension of detention, taking into account the best interests of the children.
In many of the countries there are Prison Reception Boards made up of the officer in charge of theprison (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/her admission into the prison. The purpose of this is to identify the risks and needs of the inmatesand determine which cell/section of the prison the inmate will be accommodated and other programmes or services that will be made available to the inmate. Also, in some of the countries, theprison/correctional service have developed a PrisonersʼHandbook containing information on theprison rules and regulations, and information on where the inmate can seek help when in need. The
Kenyan Prison Service has such a Prisoners Handbook as well as big sign boards inside many of theirprisons displaying the rights of the prisoners courtesy of the Kenyan Human Rights Commission andothers 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 PrisonersʼInformation
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 theirʻRights and Responsibilitiesʼand on ʻ
How to Access the Prison Complaints and Redress Mechanismsʼ
.
In case of foreign nationals many African countries do notify the respective consular offices of thedetention of their national and they allow visits of such inmates by the consular representative.

15 In compliance with the provision of the Optional Protocol to the UN Convention Against Cruel, Inhumane, andDegrading Treatment and Punishment (OPCAT).

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On Personal hygiene［Supplements rules 15 and 16 of the Standard Minimum Rules for the Treatment of Prisoners］
Rule 5The accommodation of women prisoners shall have facilities and materials required to meet
womenʼ
s specific hygiene needs, including sanitary towels provided free of charge and a
regular supply of water to be made available for the personal care of children and women,inparticular women involved in cooking and those who are pregnant, breastfeeding or menstruating.
In some of the countries,Faith Based Organisations provide donations of sanitary towels. In 2013,
PRAWA introduced a public appeal campaign to generate individual support towards provision ofsanitary towels for female prisoners in Nigeria. This scheme is currently running in Kirikiri Female
Prison Lagos, Lagos State as a pilot. The campaign is for the donation of 500 naira (approximately
3.2 USD)for the provision of monthly supply for a female prisoner. There are awareness flyers on thisinitiative 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 highcost of purchasing of water. These have been constructed either by the government or as a constituency project of some of the elected legislators/politicians,for example,the construction of water bore
hole at Auchi prison in Edo State of Nigeria is one of such interventions.
On Health-care services, Mental Health care and Substance Abuse Treatment Programmes (Rules
6 to 17)［Supplements rules 22 to 26 of the Standard Minimum Rules for the Treatment of Prisoners］
For example:
Rule 6The health screening of women prisoners shall include comprehensive screening to determine
primary health-care needs, and also shall determine:(a)The presence of sexually transmitted diseases or blood-borne diseases;and, depending on
risk factors, women prisoners may also be offered testing for HIV, with pre-and post-test
counselling;(b)Mental health-care needs, including post-traumatic stress disorder and risk of suicide andself-harm;(c)The reproductive health history of the woman prisoner, including current or recent pregnancies, childbirth and any related reproductive health issues;(d)The existence of drug dependency;(e)Sexual abuse and other forms of violence that may have been suffered prior to admission.
Some of the countries have introduced programmes to address this. For example, the Zambia
Prison Service has a comprehensive programme for screening, counselling and treatment of inmates
which it is running in partnership with NGOs.
Rule 12
Individualized, gender-sensitive, trauma-informed and comprehensive mental health care andrehabilitation programmes shall be made available for women prisoners with mental healthcare needs in prison or in non-custodial settings.

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Rule 13
Prison staff shall be made aware of times when women may feel particular distress,so as tobe sensitive to their situation and ensure that the women are provided appropriate support.
An example of this is PRAWAʼ
s provision of trauma counselling and development of checklist/
protocol and a manual for prison health workers to use in the screening of inmates as well as provisionof training for prison health workers16 on this as well as conducting periodic medical outreach to prisonin partnership with the Association of Christian Medical Doctors and M edical 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 prior victimization, the special needs ofpregnant women and women with children, as well as their diverse cultural backgrounds.
Some countries have programmes addressing these issues that are provided either by the prison
service, the health department or by NGOs. For example, since 2013 PRAWA introduced in Nigeria
a faith based linked drug abuse prevention and awareness programme targeting both inmates andprison officers. This intervention has proved to be very successful facilitating joint initiative between
inmates and prison authority on prevention of drug/substance abuse in prison. So far,this intervention
has been implemented in the following 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 have also developed a simplified awareness manual for inmates and others (inand 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).
On Contact with the outside world (Rule 26 to 28)［Supplements rules 37 to 39 of the Standard Minimum Rules for the Treatment of Prisoners］
For example:
Rule 26
Women prisonersʼcontact with their families, including their children, and their childrenʼsguardians and legal representatives shall be encouraged and facilitated by all reasonablemeans. Where possible, measures shall be taken to counterbalance disadvantages faced by
women detained in institutions located far from their homes.
Family visits are allowed in all the prisons in Africa. In fact, in some countries especially post
conflict countries the family provides substantial support towards the upkeep of the inmates such as
by bringing foodstuff. An example of this is the case in Burundi and the Democratic Republic ofCongo.
Some of the African countries have also started allowing prisoners to make phone calls to theirfamilies. For example, during the presenters visit to Senegal in June 2013 she observed dedicatedtelephones provided for prisoners to communicate with their families and lawyers in two of the prisonsshe visited. In some countries inmates or their families are expected to pay for the cost of these phone
calls while in some of the countries inmates are prohibited from making phone calls. Evidence showsthat in reality this prohibition is usually violated and that such restriction opens avenue for only therich and powerful to benefit, thus making it a privilege and not a right. Also,this encourages abuse,corruption and inefficient monitoring of this process which further compounds the problem by undermining the security of the prison, putting it at risk.

16 This 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).

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157TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTSʼPAPERSOn Classification and individualization (Rules 40 to 41)［Supplements rules 67 to 69 of the Standard Minimum Rules for the Treatment of Prisoners］
For example:
Rule 40
Prison administrators shall develop and implement classification methods addressing thegender-specific needs and circumstances of women prisoners to ensure appropriate and individualized planning and implementation towards those prisonersʼearly rehabilitation,treatment and reintegration into society.
PRAWA provided support to the Burundi Prison Service and the Prison Service of the Democratic
Republic of Congo (DRC)under the Prison Reform Interventions in Africa17 project to develop a Draft
Policy on Security and Classification of Prison and conducted training in Burundi and DRC
respectively for prison officials and police/military officers working in prisons in the two countries on
this subject.
On Social relations and aftercare (Rules 43 to 47)［Supplements rules 79 to 81 of the Standard Minimum Rules for the Treatment of Prisoners］
For example:
Rule 43
Prison authorities shall encourage and, where possible, also facilitate visits to women prisoners as an important prerequisite to ensuring their mental well-being and social reintegration.
Rule 45
Prison authorities shall utilize options such as home leave,open prisons,halfway houses andcommunity-based programmes and services to the maximum possible extent for women
prisoners, to ease their transition from prison to liberty, to reduce stigma and to re-establish
their contact with their families at the earliest possible stage.
Rule 46
Prison authorities,in cooperation with probation and/or social welfare services,local community groups and non-governmental organizations, shall design and implement comprehensive
pre-and post-release reintegration programmes which take into account the gender-specificneeds of women.
Rule 47
Additional support following release shall be provided to released women prisoners who need
psychological,medical,legal and practical help to ensure their successful social reintegration,in cooperation with services in the community.
In Kenya, a very good programme was initiated at the Langata Womenʼ
s Prison but this is now
currently applied across the several prisons in the country. This is the Remote Parenting Programme.
This programme was introduced by the Kenya Prison Service to offer the women prisoners opportunity
to interact with their families, review the school work of their children and enhance the bonding
between them and their family thus reducing the negative impact of incarceration on the family while
enhancing the likelihood of full/successful reintegration upon release. Bostwana and Ghana have anOpen Day Programme which focuses on getting the media and the general public to visit the prison and
17 With funding support from the Dutch M inistry of Foreign Affairs.

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RESOURCE MATERIAL SERIES No. 94
appreciate the challenges and contributions being made by the prison service. In Nigeria there is one
Open Prison18 and about fourteen Prison Farms which also serve like Open Prisons. The Open Prison
does not have perimeter walls/fences and the inmates are only convicted prisoners, low risk and ofgood behaviour. The inmates are allowed to go to the town unaccompanied by prison guards and tocarry out other activities aimed at enhancing their reintegration back into the community. With
respect to the Prison Farms,these also do not have perimeter walls/fences and they are also low risk
convicted inmates who have about six months or less to complete their sentence that are transferred
to prison farms. While at the prison farms,the inmates are trained in mechanised farming. In relation
to enhancing the partnership between prison and other stakeholders in facilitating effective rehabilitation of prisoners and reintegration of ex-prisoners PRAWA assisted both the Zambia Prison Service
and the Kenyan Prison Service19 in developing the Draft Zambia Prison Rehabilitation Policy and theDraft Kenyan Prison Service Rehabilitation Policy, These draft policies aimed at strengthening thepartnership between the prison service and the community corrections, health, social welfare, faith
based organizations and non-governmental organizations (and in the case of Kenya), including theprobation service to identify and agree on joint initiatives and collaboration on prisonersʼrehabilitation and reintegration programmes.
On Pregnant women, breastfeeding mothers and mothers 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 their health and diet
under a programme to be drawn up and monitored by a qualified health practitioner.
Adequate and timely food,a healthy environment and regular exercise 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,butwhose babies are not with them in prison, shall be included in treatment programmes.
Rwanda introduced a very innovative scheme whereby cows are reared in prison and the milk fromthe cows is given to the mothers with their babies in prison.
On Non-custodial measures (Rules 57 ― 62)
For example:
Rule 57
The provisions of the Tokyo Rules shall guide the development and implementation of
appropriate responses to women offenders. Gender-specific options for diversionary measuresand pretrial and sentencing alternatives shall be developed within Member Statesʼlegal
systems, taking account of the history of victimization of many women offenders and theircaretaking responsibilities.
M any African countries have introduced various community sanctions, for example Zimbabwe(Community Service), Uganda (Community Service), Kenya (Probation and Community Service),
Zambia (Parole), Rwanda (Tigi /Community Service). The case of Rwanda is worthy of note as theintroduction of Tigi,complementing the Gacaca legal process,helped significantly to reduce the prison
population from about 130,000 post-genocide to about 65,000 and even less currently.

18 Kakuri Open Prison Kakuri, Kaduna Nigeria.
19 Through the Prison Reform Interventions in Africa Project funded by the Dutch M inistry of Foreign Affairs.

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157TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTSʼPAPERS
On Research, planning and evaluation (Rules 67 to 69)
For example:
Rule 67
Efforts shall be made to organize and promote comprehensive,result-oriented research on theoffences committed by women, the reasons that trigger womenʼ
s confrontation with thecriminal justice system,the impact of secondary criminalization and imprisonment on women,
the characteristics of women offenders,as well as programmes designed to reduce reoffendingby women,as a basis for effective planning,programme development and policy formulation
to respond to the social reintegration needs of women offenders.
In some of the African countries, the prisons and correctional services have established research,statistics and planning units within their respective agencies,for example such a department exists in
the Nigeria Prison Service. This unit often interfaces with other departments of the service including
the operations department to collect, collate and analyse prison data and related information andutilise these for planning purposes.
PRAWA under the Torture Documentation and Redress Scheme(TDRS)20 sensitised the prison staff
on the need to introduce a detailed documentation process for the Nigeria Prison Service to enableproper documentation of all inmates on admission including records of any observed physical injuries,
photographs of these injuries,name and signature ofthe police officer that brought the suspect/accused
person to prison and his/her certification that he/she brought the suspect in that state, etc.
Also under the Prison Reform Intervention in Africa project, PRAWA trained over 40 in-country
researchers on administration of Self Report Questionnaires to prisoners, ex-prisoners and otherstakeholders. These researchers were drawn from amongst prison staff, NGOs, etc. The aim of thisis to build internal research capacity for the targeted prison/correctional services ― Kenya,Nigeria,
Rwanda, Burundi, Zambia, and the Democratic Republic of Congo.
M ore recently,PRAWA commenced the introduction of a computer-based case management system
to serve as a central database for the collation of prison statistics and production of performance data
which may be used for internal planning by the prison service as well as for engaging and advocating
action with other criminal justice agencies in Nigeria. This initiative is currently running as a pilot
in two States ― Enugu State and the Federal Capital Territory (FCT). Similar initiatives are also
being provided by PRAWA with the support of Justice for All Programme/DFID for the Ministry ofJustice, Judiciary and Police in Enugu State as well as the FCT High Court and for the Pro BonoClearing House on Legal Representation for Awaiting Trial Prisoners. The later is in partnership with
the Legal Aid Council of Nigeria, Nigeria Bar Association and the Nigeria Prison Service21.
On raising public awareness, sharing information and training
Rule 70
1. The media and the public shall be informed about the reasons that lead to womenʼsentrapment in the criminal justice system and the most effective ways to respond to it,in orderto enable womenʼ
s social reintegration,taking into account the best interests of their children.
2. Publication and dissemination of research and good practice examples shall form comprehensive elements of policies that aim to improve the outcomes and the fairness to women andtheir children of criminal justice responses to women offenders.
3. The media, the public and those with professional responsibility in matters concerning
women prisoners and offenders shall be provided regularly with factual information about the
20 This initiative was funded by the British High Commission from 2008 to 2011 in Nigeria.
21 See Justice for All Nigeria (2014), How to Guide on How to Provide Better Quality Legal Representation for Awaiting

Trial Prisoners: Create a Clearing House, published by Justice for All Nigeria:Abuja www.j4a-nigeria.org>.

143

RESOURCE MATERIAL SERIES No. 94
matters covered in these rules and about their implementation.
4. Training programmes on the present rules and the results of research shall be developedand implemented for relevant criminal justice officials to raise their awareness and sensitize
them to their provisions contained therein.
The lessons learnt and impact observed from the Penal Reforms Media Network (PERMNET)
implemented by PRAWA in Nigeria from 1998/1999 with funding from PRI/EU shows that this is avery useful intervention that can help propel reform and support of policy makers on prison reforms.
Politicians usually want to do things that earn them more public support and votes. Prison issue israrelyone issue that falls within this. Byincreasing thequalityand frequencyofmedia reporting on prisonand penal reform issues this project attracted the interest and support of policy makers/politicians
positively that led to provision of increased funding and support to the Nigeria Prison Service between
1998/2000 and beyond. The project involved the establishment of a network of 52 journalists from 51
media institutions, the training of these journalists on prison rules and prison/penal reforms andrelated human rights issues including facilitating on-the spot visits to prisons by the journalists,
production of monthly fact sheets and media publication focusing on specific/pre-determined prison
related topics, and provision of incentives for best media coverage of the issues of focus.
Also,PRAWA replicated some aspects of this initiative under the Prison Reforms Interventions in
Africa funded by the Dutch M inistry of Foreign Affairs22 in the following countries:―

Zambia: Training of the staff of the Public Relations Unit of the Zambia Prison Service,training of journalists and organisation of on-the-spot visit of Lusaka Central Prison and
Womenʼ
s Prison by the journalists,and establishment of a network of journalists in support ofprison reform under the coordination of the Zambia Prison Service.

―

Rwanda:Training of journalists on prison reform issues and designated staff of the Rwanda
Correctional Service(RCS)on development ofa prison media factsheet and coordination ofthe
M edia Network for the RCS.

―

Kenya:Training of the staff of the Public Relations Unit of Kenya Prisons Service on M edia
Network coordination and development of media factsheets as well as development of a draft
Kenya Prison Service Public Relation and M edia Engagement Policy.

IV. CONCLUSION
Experience has shown that signing and ratifying of international conventions does not necessarilytranslate to compliance with the provisions of such instruments. What seems to work well is engaging
the recipient countries and their relevant agencies in capacity building,experience sharing,mentorshipand support to facilitate their understanding of the rationale for the rules,belief on the importance ofcomplying with these and their role in facilitating compliance, identify aspects of their practices andprocesses that violate or comply with these rules and creatively identify ways of ensuring compliancethrough sustainable,effective and low cost processes/activities. There is need to understand existing
good practices,why and how they work and celebrate these through knowledge and experience sharing
and support including exchanges, peer review and support. Developing and disseminating acompendium of these gains will help fast track compliance with the Bangkok Rules and other relevantinternational instruments across African countries. Monitoring and oversight are also very importantin facilitating compliance with these rules.

22 Implemented from August 2009 to November 2013.

144

157TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTSʼPAPERS
APPENDIX 1

COUNTRYTOTAL
INM ATEPOPULATION

AWAITINGTRIAL
PERSONS(%)

MALE (%)

87.60

ALGERIA

60,00010.00

ANGOLA

21,63447.7 Not Available

BENIN

7,247

74.9

Not Available

BOTSWANA

4,241

24.9

67.5

BURKINA
FASO

5,035

BURUNDIRATE OFFOREIGNOVERPRISONERS CROWDING(%)(%)

FEMALE
(%)
1.00

1.70

52.20

2.7 Not Available

66.8

5 Not Available

263.6

22.6

−2.2

34.8 Not Available

1.3 Not Available

43.9

7,793

51.8

39.1

4.8

1.4

92.4

CAM EROON

24,000

62

29.7

2.1

2.4

41.2

CAPE VERDE

1,348

29.6 Not Available

4.2 Not Available

12.9

845

70.2 Not Available

8.2 Not Available

−710

63.4

2.8

1.3

132.3

CENTRAL
AFRICANREPUBLIC
CHAD
COMOROS

4,831

29.2

3.3

120

50 Not Available

1.5 Not Available

Not Available

CONGO
BRAZZAVILLE

1,300

75 Not Available

4.1 Not Available

Not Available

IVORY COAST

7,086

35

2.5

DEM OCR ATICREPUBLIC OF
CONGO

22,000750

DJIBOUTIEGYPTEQUATORIALGUINEA

60,000

29.9

30

118

82 Not Available

3 Not Available

Not Available

50 Not Available

2 Not Available

50

9.9

Not Available

3.7

650 Not Available

Not Available

Not Available

Not Available

Not Available

Not Available

Not Available

Not Available

Not Available

3.5 Not Available

Not Available

ERITREA

Not Available

ETHIOPIA

112,361

14 Not Available

GABON

2,750

33 Not Available

Not Available

Not Available

Not Available

GAMBIA

1,000

27 Not Available

2

66.7

65

GHANA

14,416

1.6

4.5

71

4.3 Not Available

2.2

GUINEA BISSAU

Not Available

1 Not Available

21.4

71.4

92 Not Available

Not Available

KENYA

52,000

36

57.5

5.3

0.7

108

LESOTHO

2,564

16.7

76.7

3.2

0.9

−12.7

LIBERIA

1,930

78

14.1

3.2

2

37.5

LIBYA

5,090

87.2 Not Available

1.2

12.8

41.6

M ADAGASCAR

18,507

54.8

38.4

4.4

0.1

79.3

M ALAWI

12,236

15.9

78.3

0.8

1

122.5

M ALI

5,817

43.4 Not Available

2 Not Available

123.3

145

RESOURCE MATERIAL SERIES No. 94
M AURITANIA

1,602

36.5 Not Available

2.1 Not Available

M AURITIUS

2,663

39.5

46.8

6.3

167 Not Available

Not Available

M AYOTTE

1.9

4.9

20.88

1.1 Not Available

59

M ORROCCO

72,000

46.2

48

2.4

1.8

57.8

M OZAMBIQUE

15,735

35.1

61

2.2

0.9

101.6

NAMIBIA

4,314

7.9

78.4

2.76

5.5

−3.6

NIGER

6,899

51.9

Not Available

3 Not Available−39.6

NIGERIA

53,84168.7 Not Available

2 Not Available

13.9

REPUBLIC OFGUINEA

2,600

67.2

17.6

REUNION

1,127 Not Available

Not Available

RWANDA

55,618

7.1

85.8

6.4

0.3

1.7

217

23.5

64.3

3.2

0.8

−16.5

8,428

41.4

42.4

3.4

10.7

−2.8

SEYCHELLES

628

24.3

50.2

4.5

400

SIERRA LEONE

3,281

58.3

36.6

3

2.1

91.9

SOM ALIA

3,450 Not Available

Not Available

Not Available

Not Available

Not Available

64

2.3

5.3

27.7

45 Not Available

Not Available

Not Available

Not Available

SAO TOME &PRINCIPE
SENEGAL

3.5

74.8

2.6 Not Available−10.4

SOUTH AFRICA

156,370

SOUTH SUDAN

7,000

SUDAN

20,000

12.1

82.9

2

1

155.3

SWAZILAND

3,411

18.1

72.3

2.6

6

−7.4

TANZANIA

35,301

52.7

36.7

3

3.7

24.3

TOGO

4,060

65 Not Available

2.6 Not Available

Not Available

TUNISIA

25,00052 Not Available

2 Not Available

38.9

UGANDA

34,94052 Not Available

2 Not Available

38.9

ZAMBIA

17,021

23.2

1

2.1

107.3

ZIMBABWE

18,46027.6 Not Available

3.5 Not Available

0.6

146

28.1

4.8

71.2