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Interview

"African solutions to African challenges"

Helping governments find appropriate solutions for policing and prison systems

Maria Teresa Manuela is the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa for the African Commission on Human and Peoples’ Rights. She previously served as Deputy Attorney General of the Republic at the Supreme Court and is a founding member of Angola’s Intersectoral Commission for the Preparation of National Human Rights Reports.

Since 2017, she has been working closely with African states to improve prison conditions and safeguard the rights of people deprived of their liberty.

Prison Insider spoke with Maria Teresa Manuela about the challenges facing prison systems in Africa, and how the Commission is working to find “African solutions to African challenges”.

You can read the original version in Portuguese

Our role is not to impose changes, but to raise awareness among governments and help them find the right solutions.

Prison Insider. What is your role as a special rapporteur, and how do you carry out your mandate?

Maria Teresa Manuela. The African Commission on Human and Peoples’ Rights was founded in 1987. It has 11 reporters and oversees 16 special subsidiary mechanisms, including one on prisons, conditions of detention and police action.

The Commission established the special rapporteur mandate on prisons and conditions of detention following the international seminar in Kampala in 1996. This mandate tasked the rapporteur with assessing the state of prison conditions in Africa and making recommendations to States to promote compliance with international minimum standards for the rights of incarcerated people. The mechanism also engages in advocacy with African governments, encouraging them to ratify the African Charter on Human and Peoples’ Rights and to align national legislation with international human rights standards.

In 2015, the rapporteur mandate was expanded to include issues related to police conduct. By doing so, the Commission placed respect for human rights by law enforcement at the core of its work and broadened its focus beyond prisons.

Collaboration with other mechanisms and civil society organisations enables the collection of information on developments across the continent. The mechanism then shares this information to help safeguard the rights of incarcerated people.

For example, we collaborate with the Committee for the Prevention of Torture in Africa (CPTA) on policing initiatives. Cross-disciplinary monitoring is essential to fully understand the realities faced by incarcerated people in vulnerable situations like women, the elderly, children, minorities and individuals living with HIV.

I also work closely with the African Committee of Experts on the Rights and Welfare of the Child. The age of criminal responsibility is extremely low in some States, sometimes set at 13. In practice, this means that we are sending children to prison.

We are raising awareness among States to encourage them to revise their legislation in line with the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child. It is essential that anyone under the age of 18 is recognised as a minor, to prevent children from being caught in an overburdened and punitive criminal justice system.

Each country responds differently to the recommendations. Our mechanism addresses sensitive issues, as matters related to prisons, policing, law enforcement, and public safety are closely tied to national sovereignty. Our role is not to impose changes, but to raise governments’ awareness of the need to find solutions suited to their specific realities. Building a relationship of trust is essential to this work. Despite the challenges, we have achieved positive results across Africa

Rather than building more prisons, we should be building more schools.

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The criminal justice system and prisons are being used, in various places, against those who are marginalised, who do not conform to social norms, or who speak out against injustice. Prison Insider is dedicating a series of articles to exploring this issue.

Discover Caught in the spiral

PI. In 2020, the average rate of people in pre-trial detention across the African continent was 40%, the highest in the world. How is the situation evolving?

MTM. Prisons represent the final link in the justice system and expose all its flaws. In almost all African countries, with few exceptions, around 60% of the prison population consists of individuals awaiting trial. The excessive use of pre-trial detention remains one of our greatest challenges. This is why the mechanism has also been addressing policing issues since 2015.

While poverty exists worldwide, it remains deeply entrenched across all African countries. Most people are imprisoned not for serious crimes, but because poverty and social status have been criminalised. Offences are often the direct result of difficult socio-economic circumstances. Many resort to crime simply so that they can feed themselves. In such cases, solutions must be social, not criminal. Rather than building more prisons, we should be building more schools.

Most people who encounter the criminal justice system are unaware of their rights and lack access to legal assistance. They are therefore unable to request provisional release or apply for bail, for example.

Judicial and law enforcement staff are often overwhelmed by the daily influx of individuals into the justice and prison systems. Although priority should be given to processing those who are remanded in custody, the shortage of qualified professionals, particularly in human rights, leads to slow case processing. As a result, people are arrested much more quickly than they can be tried. These factors, both before and after arrest, contribute significantly to the high rate of pre-trial detention across the continent.

We are also raising awareness of the need to revise laws and improve the training of judicial staff. Some countries have implemented methods to assess the prison population and identify cases of abusive pre-trial detention, often with the support of civil society organisations like the International Federation of ACATs (FIACAT) and, at the national level, Actions by Christians for the Abolition of Torture (ACAT). The goal is to shift the current situation and, in the near future, reduce the proportion of people in pre-trial detention to no more than 25%.

The goal is not to dismiss international models, but to offer African solutions to African challenges.

PI. You are currently conducting a study on prison conditions in African countries. Why is it important to have a regional vision?

MTM. The problems identified in 1996 in Kampala are still relevant in most countries, even though our mechanism has been around for 25 years. Until now, resources and studies on African prisons have largely been produced by international organisations outside the continent. The time has come to take an introspective look at how the situation is evolving, to better understand the reality of our prisons and chart a path forward.

Prisons were not part of traditional African cultures; conflicts were resolved through other means. It is crucial to remember that prisons were introduced during colonisation, with the intention of discriminating against native and indigenous populations. Ironically, many of those responsible for colonisation had themselves been in trouble with the law in their countries of origin. We need to examine this legacy and seek appropriate solutions.

Many of the prisons in Africa today date back to the colonial era and were originally designed to hold 50 or 60 people. Today, however, they house up to 100 times that number. Despite significant efforts to build new infrastructures, there are not enough resources to cope with this increase.

The study aims to understand the reality of prison conditions on the continent within this historical and structural context, drawing on the experience of the African Commission on Human and Peoples’ Rights. The goal is not to disregard international models, but to offer African solutions to African challenges, tailored to our own unique circumstances.

PI. Are international standards, along with prison projects and reforms carried out with external support (funding, technical assistance, etc.), adapted to local realities?

MTM. We are responsible for applying the African Charter on Human and Peoples’ Rights, and we are part of the broader universal human rights system. While we cooperate with and adhere to international instruments, it is important to note that the Universal Declaration of Human Rights was signed without the continent’s participation, as not many African countries were independent at that time.

Our instruments need to align with international standards, without ignoring the unique characteristics of the continent and each country. We recognise that a solution implemented in South Africa can serve as a model for other countries, such as Angola, Mozambique or Tunisia, so we examine the model and adapt it to fit each specific context.

International partners supporting prison projects in Africa should also adhere to this principle: it is essential that they respect and support models developed by the continent itself.

Partnerships are essential to making our projects viable, as African countries often lack the resources to implement them on their own. However, imported models are not always effective. For example, Africa’s many microclimates mean that building prisons with four-meter concrete walls would not be sustainable. Partnerships are certainly welcome, but we need to design prisons for Africa, by Africa.

Laws that decriminalise minor offences allow States to reduce the costs associated with keeping people in prison.

PI. What initiatives are being implemented to reduce reliance on incarceration?

MTM. Initiatives promoting alternative forms of justice are emerging in several African countries, helping to reduce reliance on the judicial system, which is often cumbersome, costly and overburdened. We are currently conducting a study on this topic.

The traditional model of community justice has proven highly effective in resolving conflicts. In Mozambique, this approach has already been integrated into the formal system. Whether formalised or not, another form of justice in which Africa can take great pride is alternative dispute resolution.

In 2017, the African Commission adopted the Principles on the Decriminalisation of Petty Offences, which encourage States to seek alternative approaches to behaviours that do not pose a threat to public safety.

Prison sentences can be replaced with alternative measures, such as community service. Work opportunities for people in prison should be promoted as a means of supporting their reintegration, with any income generated shared between the prison, the judicial system and the incarcerated person. Education and training are other fundamental aspects.

I have met women who were arrested for selling goods in unauthorised locations. In some countries, these offences carry fines that can be turned into prison sentences, perpetuating the cycle of poverty and incarceration, and impacting entire families.

Laws that decriminalise minor offences help States reduce the cost of incarceration. Conciliation and mediation have already yielded positive results in some countries, though they can be costly. Other potential solutions could involve churches, civil society organisations, bar associations, and legal and social assistance professionals.

PI. How are countries collaborating to address prison-related issues?

MTM. The continent has made progress in seeking common solutions. Some countries are collaborating within regional units. Our partners regularly organise workshops that focus on prison infrastructure and the solutions Africa can offer. To date, four workshops have been held in English- and French-speaking countries. We have been invited to Uganda and Madagascar, and we will be traveling to Morocco in May to participate in further discussions.

At the political level, the Southern African Development Community (SADC) serves as an example, as it is currently studying the prison system and laws governing the operations of security forces.

At the intergovernmental institutions level, the African Correctional Services Association (ACSA) brings together the heads of prison services from all 54 African countries every two years. The African Parliament also debates legislation affecting penitentiary systems, while the African Commission contributes by influencing these discussions to promote respect for the rights of individuals deprived of their liberty, tailored to the specific realities of each country.

I noticed that dialogue on the subject is growing, although each State places a different emphasis on prison-related matters and moves at its own pace. In 1996, there were no initiatives. Some countries are still resisting the search for solutions, but significant progress has been made.

Rights continually remind States that they must consider those deprived of their liberty. It is essential that discussions on prisons address not just the reasons for incarceration and the material conditions within prisons, but also the high costs associated with keeping individuals behind bars that could otherwise be invested in those who have the potential to contribute to their country’s development.

Interview by Nathália Keller Rorato and Carolina Nascimento, translated by Tanya Solari and proofread by William Avery Hudson.

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