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Regional Office for Central America and the Caribbean in Panama (ROPAN)
Working Paper Series on Prison Reform
Working Paper 1: Civil society and prisons: the “invisible bars” challenge
Amado Philip de Andrés
María Noel Rodríguez
Guilherme Augusto Doin
Scope of the challenge The main scope of this publication is to assist prison
This working paper is designed to assist prison leaders leaders in the Central American and the Caribbean
in elaborating a policy for joint work with civil society regions on how to cooperate with NGOs willing to
organizations willing to cooperate with the fulfilment complement the work of formal monitoring bodies. At
of international human rights standards in prisons, the same time, our purpose is to support NGO
such as the informal monitoring mechanisms. directors and representatives in understanding the
Unarguably, there are significant benefits when challenge that their presence represents for
considering the interaction between the prison service governmental authorities within the prison system. In
and civil society. Non-Governmental Organizations order to do so, a practical “Michigan case study”
(NGOs) might build powerful mechanisms to prevent methodology will be used, trying to put governmental
human rights abuses and corruption in prisons, authorities in “the shoes” of civil society leaders, and
ensuring transparency and accountability and even vice-versa. This “role play” game, referred here as the
offering prison services, such as educational, religious “invisible bars challenge” might be useful to
and professional programmes. In order to take understand the complexities of this necessary and
advantage of such benefits, it is necessary that prison inevitable (and sometimes tense) interaction between
leaders be aware of the different mandates of NGOs prison systems and civil society organizations.
and the objectives of their work in the prison context. This publication is divided in three sections: (1) first, it
Some NGOs might have special and institutionalized will address the different roles of NGOs in the prison
mandates regarding the control of prisons facilities, context, separating formal from informal independent
such as the case of Member States which have already prison monitoring; (2) the second part will explain the
established National Preventive Mechanisms (NPM) in benefits of cooperation between prisons systems and
the context of the Optional Protocol to the Convention civil society organizations, offering an overview on the
against Torture and other Cruel, Inhuman, and details that must be addressed by prison leaders
Degrading Treatment or Punishment. Other civil before engaging in cooperation with civil society
society organizations might be mandated by organizations as informal independent monitors; (3)
International Treaties with specific obligations in this while the third part will assist both prison leaders and
domain, such as the International Committee of the NGO directors/representatives in coordinating efforts
1 to improve prison conditions.
Red Cross (ICRC) . Although this paper offers general
concepts regarding the work of formal monitoring
bodies involving civil society organizations (e.g., NPM
and ICRC) the authors will not focus on the latter.
1
As explained in Section I, item 2.
1
Regional Office for Central America and the Caribbean in Panama (ROPAN)
Working Paper Series on Prison Reform
Working Paper 1: Civil society and prisons: the “invisible bars” challenge
Amado Philip de Andrés
María Noel Rodríguez
Guilherme Augusto Doin
Keeping transparency: imprisonment. Under this human rights-based
Fair play while maintaining order approach, the deprivation of liberty should be used as
an opportunity to guarantee the access of the right to
The work of formal and informal monitoring bodies is health, education, culture, and others to persons in
essential to guarantee the existence of a prison system prisons.
free from torture, and other cruel, inhumane or Along with ensuring human dignity and other basic
degrading treatment. Such bodies have an important rights of persons deprived from liberty, prison leaders
role in “detecting, assessing and analysing the risk to would need to consider another important priority in
human dignity posed by overemphasis on security their careers: the maintenance of safety, security and
2
measures” . In this sense, it is clear that ensuring order inside prison centres. This equation “Rights v.
human dignity must be the first priority for prison Order” represents a delicate challenge for prison staff
leaders. As simple as it may sound, this task represents and also for civil society representatives acting in
a complex duty of care to governments. Therefore, defence of the rights of these persons (Figure 1).
prisons staff must be aware of their obligation to Solving this equation is not an easy task, although is
ensure that the suffering involved in the places of extremely necessary so as to ensure the well-being of
detention does not exceed the level inherent in the prisoners as well as the safety of society as a whole.
deprivation of liberty.
Another important guiding principle in this matter is In democratic societies, governmental authorities are
that deprivation of liberty does not mean deprivation not the only “mathematicians” responsible to solve
of all human rights. While in detention, prisoners these complex social equations. New theories in public
should be able to enjoy great part of their human administration have been proving that efficiency in
rights, including the right to physical and moral democracy is directly associated with the level of
integrity, the right to express their opinion, to have citizens’ participation in the provision of public
contact with their family, amongst others, even if some services. Prisons, as any other public service, should
3
of these rights are partially controlled by State not be excluded from this guiding principle . In this
authorities. Also, in fulfilling their international sense, prison managers should perceive civil society
obligations regarding the social reinsertion vocation of organizations as new hands and new minds coming to
prisons, governments should take advantage of the support the improvement of prison conditions.
period of detention in order to give access to social
rights normally denied to these persons before their 3
For a fresh analysis of new public sector reform, and
citizens’ participation, refer to “Analytics for Government:
The smart way to cut costs, optimize performance and
2
APT, “Balancing security and dignity in prisons: a deliver reform in the public sector”, White Paper Discussion
framework for preventive monitoring”. Document by SAS, 2013.
2
Regional Office for Central America and the Caribbean in Panama (ROPAN)
Working Paper Series on Prison Reform
Working Paper 1: Civil society and prisons: the “invisible bars” challenge
Amado Philip de Andrés
María Noel Rodríguez
Guilherme Augusto Doin
What does the Academy say about civil society Another important challenge is that prisons are often
participation in the provision of public services? perceived as hermetic and closed institutions. This
situation is the result of the traditional secondary
“The first reason is our belief that through active importance given to prisons within government
participation we can most likely achieve the best
political outcomes, outcomes that reflect the broad structures, and the obvious obstacles in managing the
judgments of the people as a whole or the considered imprisonment of human beings. As prisoners depend
judgments of specific groups and are consistent with
the norms of democracy. Second, through on prison staff to fulfil with their basic daily needs -
participation, we might fulfill what Thompson calls the from food to safety - the lack of social scrutiny might
democratic objective, “attaining rules and decisions serve as an excuse for the provision of a bad public
which satisfy the interests of the greatest number of
citizens” (Thompson 1970, 184). Through widespread service. Another problem of an aloof prison system
public participation in civic affairs, citizens can help distant from society is that prison staff might also be
assure that the individual and collective interests falsely accused of mistreating prisoners.
are being heard and responded to by
Governmental officials”.
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Figure 1
(Denhardt, The New Public Service: serving, not
steering, p. 50). To prevent prisoners from escaping
Safety
International Human Rights Law also assures the
important role played by civil society organizations in
the prison context. The United Nations Standard The importance of achieving and maintaining
Minimum Rules in the Treatment of Prisoners stresses that balance between security, control and
that prison staff should liaise with civil society and justice must be understood by all prison
provide public information on a regular basis. managers
Standard Minimum Rule 46 (2)
Control
Justice
The prison administration shall constantly seek to
awaken and maintain in the minds both of the To prevent
personnel and of the public the conviction that prisoners To treat prisoners with humanity
this work is a social service of great importance, being and fairness and to prepare them
and to this end all appropriate means of informing disruptive for their return to the community
the public should be used.
4
Based in the conclusions of Professor Andrew Coyle: “A
Human Rights approach to Prison Management”.
3
Regional Office for Central America and the Caribbean in Panama (ROPAN)
Working Paper Series on Prison Reform
Working Paper 1: Civil society and prisons: the “invisible bars” challenge
Amado Philip de Andrés
María Noel Rodríguez
Guilherme Augusto Doin
In this sense, it has been stated that “Community system of State A, however, his NGO has as main
intervention has potential to not only benefit prisoners objective to protect prisoners from gross violations of
but through reform of the system to benefit prison human rights.
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staff” . It is clear that NGOs are powerful mechanisms John approaches Martha hoping to enter into prison
to make prisons transparent. However, the question facilities and to elaborate a report on the conditions of
remains on “How prison managers should start to imprisonment in State A´s prison centres. From this
cooperate with NGOs?” The main objective of this moment on, many legitimate concerns and
paper is to answer this question presenting the expectations appears for both of them.
concerns that NGO’s presence inside prison centres
represents to prison leaders. These concerns shall be The first concern for Martha is making sure whether
addressed in this publication as the “legitimate John represents a formal or informal monitoring
concerns and expectations” of both prison staff and mechanism. But what is the difference between them?
civil society leaders.
SECTION I
The story of Martha and John: DIFFERENTIATING FORMAL AND INFORMAL
Legitimate concerns and expectations MECHANISMS
In order to exemplify the complexity of cooperation
SMI Formal monitoring mechanisms are
between prison leaders and civil society, we will N National Preventive Mechanisms (NPM)
HA normally structures composed of
present a hypothetical situation which aims to reflect EC governmental and/or non-governmental
the reality of numerous prison systems worldwide: the M organizations mandated by an
story of Martha and John. Martha is the director of the GN international or national legal
prison system of State A. She has to deal with many TORI instrument to monitor prison conditions
problems on a daily basis such as overcrowding, lack of I and to ensure compliance of the
ONM international obligations by prison
human and material resources, security issues, L
corruption cases, and others. On the other hand, John A authorities. On the other hand, informal
is the representative of a local NGO willing to FORM monitoring mechanisms are composed
cooperate with the prison system of State A in the full .N I of NGOs who are not mandated by any
vL legal instrument or special agreement to
compliance of their international obligations. John A neither visit detention centers nor
understands the complex situation faced by the prison ORM interview in private with prisoners or
F ] prison staff.
5
Commonwealth Human Rights Initiative (CHRI),
“Community participation in prisons: a civil society
perspective”. 2008.
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