Accountability – Minimum Standards within Country Prisons: Indicators, Tools and Strategies

About AAI We are an independent research and advocacy think tank holding leaders accountable for the commitments they have made to respond to health needs. Global but with an African focus. Stronger leadership is required in order to ensure that universal health rights and services are provided that are accessible, affordable, acceptable and quality in nature.

Define Accountability 1 Working alone please write a definition of accountability in your own words 2 minutes

Define Accountability 2 Work with one colleague please write a joined definition of accountability 4 minutes

AIDS Accountability International does not propose one single definition of accountability. Each individual’s, organisation’s and country’s context influences what the definition of accountability would be. There are various forms and types of accountability, political and individual; horizontal and vertical and diagonal; There are various mechanisms to get accountability and circumstances in which accountability exists prior to any commitment at all. For this reason there is no one definition or application of accountability that fits all. “Being answerable for performance to one’s constituency, according to the obligations of your role, and whether this is done in a transparent, ethical, timely and financially prudent manner.” AAI’s Definition of Accountability

Each citizen, however ‘powerless’, is part of contract and has some power to hold govt accountable. Bill of Rights is part of the contract. Negative rights/Freedoms from (civil & political). Positive rights/Rights to (social, …). The contract is based not only on formal rules but also on the content of a political programme/manifesto. Acc & democratic governance

Types of Accountability Vertical Bottom-up, ‘citizen power’ Horizontal Checks and balances Executive/Legislative/Judicial Top-down Government control over bureaucracy Implications of glocal: Global obligation to hold local leaders accountable Consider also: CSO & Funding Partner Accountability? Consider also: CSO & Funding Partner Accountability?

Accountability mechanisms Loss of political support Electoral Critical public opinion Peer review Constitutional obstruction Legislative criticism Judicial orders Political campaigning Media criticism Civil activism Donors

What accountability is not... Monitoring and evaluation = M&E is a means of increasing acc. Acc can exist where no M&E is being done. Acc can be the reason why M&E gets done. Governance = Acc is one aspect of good governance. Add acc, transparency, good M&E, budget management etc and we have some of the ingredients for good governance. Accounting = + + +

Steps expected from govt

SAFAIDS AAI Discussion Paper SAFAIDS SCORE PROGRAMME

About the Minimum Standards The Minimum Standards for HIV & AIDS, TB, Hepatitis B & C and STIs Prevention, Treatment, Care and Support in Prisons in the SADC Region (Minimum Standards) were developed in 2009 as a response to various drivers. Article 3 of the SADC Protocol on Health demands that member states “identify promote, coordinate and support activities which have the potential to improve the health of the SADC population” and that they “coordinate regional efforts on epidemic preparedness, mapping, prevention, control and the eradication, where possible, of communicable and non-communicable diseases.” (SADC Secretariat, 2009) Thus it is a no-brainer that working to ensure prisons become safer health settings seems an obvious necessity in SADC. Article 9 of the same protocol also requires member states to “cooperate, harmonise and where appropriate standardise policies...” and Articles 10 and 12 focus on harmonisation of HIV, AIDS, STIs and TB policies in particular. (SADC Secretariat, 2009) As a result of these commitments, and advocacy of key stakeholders, the SADC Ministers of Health, in 2009, tasked the SADC Secretariat with evaluating the HIV situation in SADC prisons. (SADC Secretariat, 2009)

About the Minimum Standards The Minimum Standards set minimum requirements for SADC prisons to treat, care and support the five disease areas. 5 disease areas: HIV, TB, Hep b and Hep C and STIs. The Minimum Standards are based on six guiding principles: 1. The need for high level political commitment, 2. Universal access to public health, 3. Adherence to the ethics of confidentiality, 4. Need to respect all human rights of prisoners and those in detention, 5. Equity of distribution of services across prison and general population and 6. Finally the need to treat prisoners with compassion and solidarity.

About the Minimum Standards

The Minimum Standards set minimum requirements for SADC prisons to treat, care and support the five disease areas. 5 disease areas: HIV, TB, Hep b and Hep C and STIs. The Minimum Standards are based on six guiding principles: 1. The need for high level political commitment, 2. Universal access to public health, 3. Adherence to the ethics of confidentiality, 4. Need to respect all human rights of prisoners and those in detention, 5. Equity of distribution of services across prison and general population and 6. Finally the need to treat prisoners with compassion and solidarity.

Research Results Enabling Environment The Minimum Standards are based on the foundation of an Enabling Environment, which rests on a myriad of factors, not least of which are the basic necessities, such as shelter, water, food, sanitation, medical care and human rights. The commitment also encompasses more complex ideas of an Enabling Environment such as a legal framework; policy development; the need to reduce prison populations and lastly the need for Awareness Raising. Basic necessities In each of the six countries examined the basic necessities are lacking for prisoners, either permanently or intermittently. This lack creates not only an unhealthy living environment but is a direct abuse of the prisoners’ human rights.

Research Results Enabling Environment Legal Framework and Policy Development Each of the six countries requires an overhauling of the national law as well as judicial system, as well as policy to improve the basic necessities of the enabling environment, but as well as a means to improve disease control. The following section discusses some of the results of woefully inadequate legal and policy frameworks in the countries.

Research Results Enabling Environment Reducing Prison Populations

Research Results Enabling Environment Reducing Prison Populations

Research Results Enabling Environment Awareness Raising As a means to improve prison systems it is necessary to change the way that prisoners and prisons are considered by leaders, prison staff, prisoners themselves and the public. Key stakeholders, both at regional level and at national or community level are advocating for change in the regions prison systems. The report documents most, if not all, of the work being done. Please send new or updated info to as this is a changing landscape.

Country by Country Snapshots Report declined to grade countries as per usual AAI methodology: requires further research Following grades as a general impression only and not methodologically/statistically calculated

COUNTRYGRADE Lesotho Swaziland Malawi South Arica Zimbabwe Zambia Country Grades SADC Prison Scorecard

About the Minimum Standards

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