In post-conflict contexts, rule-of-law institutions are frequently undermined, and prisons are by no means an exception. Situated at the end of the criminal justice chain, the corrections system is often forgotten, unprioritized, lacking host government political support and operating with insufficient resources. Post-conflict corrections systems are generally characterized by lack of resources, non-existent or weak security and poor conditions with significant overcrowding, many instances of arbitrary and prolonged detention, inadequate separation and classification of prisoners, and poorly trained and ill-equipped staff. These result in violations of prisoners’ basic human rights and a lack of coherence between the elements of the criminal justice system.
Support to corrections is critical, and if not adequately catered for, can jeopardize other security and rule of law efforts, have a detrimental effect on security and stability. The corrections system must be the partner of strengthened legislative, judicial, police and other law- enforcement agencies as evidence of legitimate and credible rule of law. A functioning criminal justice sector that adheres to rule-of-law principles is essential to combat impunity, extend state authority, protect civilians, and ensure law and order. A corrections system that conducts itself in a humane, fair and coherent manner gains public trust, legitimacy and international respect. Moreover, prisons can provide useful insights for the mission into the issues and concerns of a community that can endanger peace and security. While the corrections system is often the most easily overlooked element of the judicial system – and is the most difficult sub-sector for which to attract donor support – it represents the culmination of the judicial process and is no less critical to the comprehensive application of the rule of law.
5.6.1 Operational activities
The key operational activities in support of this output include:
- Supporting the host government with needs assessments and a mapping of the corrections system.
- Support the early functioning of key corrections areas.
- Increasing access to legal advice and counsel for prisoners.
- Assisting in the development of independent reporting procedures on prison conditions and practices, including abuse by prison personnel.
- Supporting the development of accountability mechanisms.
- Laying the foundations for reform by supporting effective prison management and administration, and development of budgetary, legislative and legal frameworks for the corrections system.
5.6.2 Benchmarks
Short-term
- Needs assessment and mapping of corrections system completed.
- Reliable numbers and categorization of prison population established and registered.
- Recruitment, vetting and selection processes initiated.
- Strategies to accommodate the basic needs for prisoners such as food, water, health care, sanitation facilities and access to legal representatives in place.
- Differentiation of prisoner categories (e.g. women and children separated into appropriate sections).
Medium-term
- National plan for corrections reform, including training, in place.
- Construction of new facilities or structural repairs and improvements to existing facilities.
- Clear procedures introduced to ensure that a properly authorized legal document is required before a person is detained.
- Prison system able to manage inmate population consistent with the UN’s Standard Minimum Rules for the Treatment of Prisoners.
Long-term
- Legislation governing management and administration of corrections system in place, including a clear separation between the agencies that investigate crimes and the prison authorities.
- Population trusts the corrections system.
- Independent internal and external oversight mechanisms in place.
- Prisons and detention centres operate in compliance with international human rights standards, particularly with regard to vulnerable groups such as women, children and minorities.
- Sufficient budget allocated to prison administration.
5.6.3 Responsibilities and coordination
The MLT should ensure that a focus on corrections is an integral part of the mission’s overall effort to strengthen the rule of law and human rights, and that the issue receives attention from the host government and international donors. The mission can provide mentoring and advice to corrections personnel in the host country and ensure that local criminal justice stakeholders put in place mechanisms to coordinate and collaborate. The MLT can also be supportive in gaining donor support for this sector, which is generally overlooked. As strengthening the corrections system is a long-term process not likely to be completed within the timeframe of the mission, early engagement with developmental actors that can support long-term development of the corrections system will be important.
5.6.4 Resources
Sufficient resources must be allocated to support a strengthened corrections system, including key experts with appropriate experience, skills and competence related to corrections systems. Technical advisers, as well as experts in detention and rehabilitation, are critical to successful reform of the corrections system, as well as in the initial pre-mission assessment. Long-term financial support will be needed if reforms to the correction system are to be sustainable. In order to ensure such support, specific language on corrections in the mission mandate, as well as a clear and defined budget separate from other Rule of Law sections, will be vital. Experience has shown that corrections officers in many missions are seen as belonging to the police component, which causes problems in terms of budget and logistics.
5.6.5 Challenges and risks
- The existing culture of impunity, arbitrary sentencing and detention practices affect the reform process.
- Lack of political support and insufficient budgeting for corrections reform from host government.
- Overcrowded prisons, often due to the high number of prisoners awaiting trial.
- Limited trust from the population.
- Limited or non-existent access to public counsel for the accused.
- Low capacity, numbers and insufficiently trained prison staff
- Limited international access to the corrections system, resulting in a lack of transparency.
- Limited interest of the international community in corrections reform.
5.6.6 Considerations
Maintaining popular and host government support while strengthening the corrections system
In a post-conflict setting, strengthening the corrections system may be a low priority for the host government and may also not enjoy local support. If resources are generally scarce, there may be resistance to allocating them to prisoners or prison administration. The MLT may need to balance these views against the importance of supporting a strengthened corrections system consistent with the rule of law and human rights.
Local versus international norms
Local perceptions of prisoners often lead to abrogation of their fundamental human rights. Prisoners are sometimes not regarded as being entitled to fair treatment. Given the sensitivity of their status, political prisoners may be at heightened risk of having their rights overlooked. Depending on the nature of the conflict, the MLT may have to consider the political aspects of corrections systems reform.
Ensuring donor support while managing expectations
Notwithstanding that the responsibility to ensure adequate resources are allocated to the corrections system lies with the host government; corrections systems reform is a long-term process that also requires sustained donor support. It is often not a popular sector for donor support as the results are not usually immediate and may not be substantial enough to attract long-term resources from donors. This will require active engagement on the part of the MLT.
Local capacity and needs
Even if there is political will, host governments are often unable to meet the basic needs of a corrections system in a post-conflict setting. While encouraging the host government to meet its obligations to respond to these needs, the MLT may need to consider the local capacity to do so.