Sunday 21 July 2024 {HMC} Marking Nelson Mandela International Day, the United Nations and the Federal Government of Somalia today highlighted the state of the country’s prisons and the importance of improving prison conditions and protecting prisoners’ rights.
“Prisons are sometimes the forgotten part of the justice system. Yet, the conditions of our prisons and the rights of those within them are of profound importance. We start from a simple proposition: prisons should be a place of last resort,” said Nasrin Khan, the Chief of the UN Assistance Mission in Somalia’s (UNSOM) Joint Justice and Corrections Section.
“They are expensive for the state to run, and unless prisoners are rehabilitated and reintegrated into the community, they can increase the risk of re-offending – today is therefore an important opportunity to take stock of where we are and reflect on the priorities for the future,” she added.
Ms. Khan was speaking at a joint event to commemorate the Day, as well as to launch a UN assessment report on prison conditions in Somalia.
The event’s attendees included representatives from the Somali government, parliament, international partners and UN agencies, funds and programmes. The latter included the UN Office on Drugs and Crime (UNODC), which shared insights into how it is implementing the so-called Nelson Mandela Rules with the Somali government through the UN’s Joint Justice and Corrections Programme.
In his remarks to the gathering, parliamentarian General Bashir Abdi Mohamed – who serves as the chairperson of the Parliamentary Committee on Correctional Services – noted that the legislature’s oversight role, and echoed Ms. Khan’s points about rehabilitation.
“For instance, we asked the Ministry of Education to support prisoners’ rehabilitation. The purpose of prison should be to rehabilitate inmates rather than punish them. This will ensure that they can return to society as contributors when reformed and knowledgeable. We asked the Ministry to provide vocational training such as electrical installation, bricklaying, plumbing, or even formal education. In response, the ministry has donated textbooks and the process to educate inmates is ongoing,” said Gen. Bashir.
Prisons report
The UNSOM report, titled ‘Prison Conditions in Somalia – A Holistic Assessment,’ gives a snapshot of key issues, and recommendations.
Among the challenges, the report mentions overcrowding, poor sanitation, a lack of clean water and electricity, and access to healthcare.
In some facilities, the prison buildings are in poor condition and are at risk of collapsing, which poses a danger to the lives of inmates and prisons staff. A high proportion of detainees have not been convicted of serious crimes, including most women and children in prison.
The report recommends legal and policy reforms to reflect contemporary needs of prisoners, the renovation of prison facilities and infrastructure, the establishment of well-equipped medical facilities, the reliable provision of adequate and food and clean water, and the implementation of educational and vocational training programs in prisons, among other reforms.
Along with various UN agencies, funds and programmes, UNSOM’s Joint Justice and Corrections Section has been supporting Somalia’s corrections sector, in partnership with the Somali government, for many years.
This assistance has included providing capacity-building and technical support to Somalia’s corrections system, in line with the Nelson Mandela Rules, towards ensuring that the human rights and dignity of persons deprived of their liberty are upheld, focusing on vulnerable groups including women and children.
“At the heart of our approach are the ‘Mandela Rules,’ a beacon guiding us towards a humane, secure, and rehabilitative approach to incarceration. These rules are not mere suggestions but a moral compass, directing us towards respecting the inherent dignity of every individual,” said Ms. Khan.
“As we move forward,” she continued, “let us pledge to transform our prisons into places where respect for human rights paves the way for true rehabilitation. Let us work together to ensure that our approach to corrections is not only about containment but also about contribution – contribution to the lives of the incarcerated, their families, and ultimately, the fabric of our society.”
Addressing today’s gathering, the Permanent Secretary of Somalia’s Ministry of Justice and Constitutional Affairs (MoJCA), Faisal Aden Hassan, stated that prison staff lack professional training and resources, as well as inadequate professional basic needs and awareness of international standards relating to rehabilitation and prisoner rights.
He noted that MoJCA is working to address these issues.
“The system is operated in a military style which has led to complications and inefficiencies. In response to this, the Ministry of Justice – with the help of our international partners – has been working on a new corrections model and that the proposed new model aims to establish a civilian-led corrections service,” Mr. Hassan said.
Nelson Mandela International Day
The UN General Assembly designated 18 July as Nelson Mandela International Day in 2009 to honour the former president of South Africa’s vision of a world free from oppression, poverty and inequality.
Prior to his becoming president, Nelson Mandela spent 27 years in jail during the Apartheid era in South Africa, before finally being freed in 1990.
While at the Robben Island prison, Mr. Mandela led a movement of civil disobedience that led to better conditions for inmates. This eventually led to improvements in food and other conditions.
In 2015, the UN General Assembly adopted the UN Standard Minimum Rules for the Treatment of Prisoners – also known as the ‘Nelson Mandela Rules’ – which are based on an obligation to treat all prisoners with respect for their inherent dignity.
