WOMEN IN SOUTH AFRICAN CORRECTIONAL SERVICES CENTRES

Prof Lillian ArtzGender, Health & Justice Research UnitFaculty of Health SciencesUNIVERSITY OF CAPE TOWN

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Response to:

DCS and JICS Annual Report2013/2014

Background to the Submission

An Evidence-Based Response to what is Presented in the Annual Reports of

DCS and JICS

Research on Women in Prison in South Africa (Artz et al, 2012)

OBJECTIVE: Who are they? What are women’s key life events that precipitate criminal involvement? What were the turning points in their lives and the circumstances that

led to their involvement in crime and eventual incarceration? How does incarceration impact their lives and those of their children,

households and communities?

WHY?• No single study in South Africa has explored, in depth, the etiological and

sociological factors of women’s criminality and pathways to crime

• And, a critical absence of information about crime prevention, rehabilitation and social interventions in relation to female youth-at-risk and incarcerated women

methods RELATIONSHIP BUILDING Film screening & group discussion (“Girlhood”) “Prison dictionary” Workshops (various)

CREATIVE EXERCISES ABOUT PATHWAYS Life Mapping “Secret postcard” project

INDIVIDUAL WORK Journaling (open & thematic)

ONE ON ONE 80+ PARTICIPANTS 55 In-depth interviews

Data not collected but important for crime prevention and

rehabilitation efforts

DEMOGRAPHICS

AGE:18 – 29 years (33%)30 – 39 years (31%)40 – 49 years (23%)50+ years (13%)

EDUCATION: •73% not matriculated

NUMBER OF WOMEN WHO HAVE CHILDREN: 75%

AGE WHEN FIRST CHILD WAS BORN: 45% were between 16-19 years old

SOLE FINANCIAL SUPPORTERS OF FAMILY: 46%

FIRST TIME IN PRISON: 67%

–Age of first conviction much later than men (only one third under the age of 30)–One third serving over 10 years

19%

14%

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11%

31%

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FAMILY MEMBERS WHO HAVE BEEN INCARCERATED: 47% of women in prison have a family member who is or has

been in prison

HISTORY OF ABUSE

56% of women reported domestic violence or rape sometime during their lifetime, which is over double the rate of abuse reported in the

general population

74% discussed experiences of abuse in their interviews

PERPETRATORS OF SEXUAL ABUSE Percentage

Father Figure/Male caregiver 62.5%

Other Male Relative 12.5%

Neighbour/Friend 12.5%

Unknown 12.5%

Total 100.0%

OFFENCES OF THOSE THAT HAD EXPERIENCED CSA

Why is this important?

We lack knowledge about women in prison

• There is a lack of gender disaggregated data in most fields of analysis in both the DCS and the JICS reports, apart from: – remand and sentenced prisoners– the gender of ICCVs– the gender of persons who died from unnatural

deaths in custody– amongst other indiscriminate human resources

data

It makes needs-based interventions difficult to assess

• Limits internship, research, service, & support opportunities for centres/sections where women are imprisoned – Direct support and rehabilitation services– Understanding women’s role in crime and violence – Reintegration

• The lack of reported information is surprising given:– the demographic ‘admissions’ data (biographical and health)– admissions risk and needs assessment which is meant to

identify:• emotional vulnerabilities such as depression or suicidal behaviour• security risks that the offender poses to staff and other offenders• risk and needs assessment within 21 days: an offender profile

Without the disaggregation of data we do not know (as per male prisoner data in the Annual Reports):

• How many female inmates were assaulted or experienced violence during their incarceration

• How many women benefited from:–skills development programmes–education programmes–literacy training–production workshops–agricultural programmes

• Women’s participation in:–sports, recreation, arts and culture

It is also impossible to evaluate whether the minimum standards and guidelines for the conditions and treatment of female inmates are being met.

Dimensions of Criminal Offending• primary offending;

• co-offending (engaging wilfully and directly in crime);

• subordinate offending (in the case of those “compelled” to commit crime by another person)

• derivative offending (those who either directly, or by extension, enjoy the benefits of the primary offender; are complicit)

• passive offending/acting (bystanders)

• unaffected or impervious offending/acting (those who may not benefit from crime or violence, but who actively disregard criminal activity, for fear of reprisal or simple disregard)

Source: Artz, L., & Flavin, J. (2013)

Not to mention international and national obligations

• Correctional Services Act 111 of 1998– to create a gender-sensitive environment (s. 16(4))– to non-discriminatory and gender-responsive

programs (s. 41(7))

• United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (2010): The Bangkok Rules– Compliance to rules? – Simple and effective measures

Bangkok Rules:Examples of helpful guiding principles and practices

• admission procedures• family contact and visitors• legal advice and the receipt of information on prison rules

and the prison regime• caretaking arrangements for children)• personal hygiene and health & mental health care• safety and security and classification of inmates• prison regimes• reintegration and non-custodial measures• supporting research (information and documentation)

At Minimum• Consider the promotion of systematic collection, collation and

analysis of data pertaining to: – female child and juvenile remand prisoners– adult female remand prisoners– female child and juvenile sentenced prisoners– adult female sentenced prisoners

• All reported data on male prisoners – ranging from participation in work and rehabilitation activities to complaints made to the JICS and/or other DCS mechanisms – should be disaggregated by gender.

• Encourage inter-departmental statistical analysis:– SAPS to include number of arrests of women (currently not reported;

and– NPA to include number of cases brought to trial, conviction and

sentencing