1. SUBMISSION TO PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON THE JICS ANNUAL REPORT 2013/2014
Submission by: Dr Marlise Richter & Katy Hindle
On behalf of Sonke Gender Justice
Townhouse Hotel, Cape Town
14 October 2014 1

2. Introduction: Sonke
Founded in 2006, Sonke uses a human rights framework to build the capacity of government, civil society organisations and citizens to achieve gender equality, prevent gender-based violence and reduce the spread and impact of HIV/AIDS.
Sonke’s work with Department of Correctional Services (DCS) seeks to address the interrelated issues of HIV/AIDS and sexual abuse, and includes policy advocacy, capacity building, and training with inmates and staff.
Using our One Man Can and Brothers for Life curricula, we implement peer education programmes in DCS facilities to improve the health-seeking behaviours of inmates and staff members; and also to provide support, education, and an example of healthy living to their counterparts.

3. Focus of Submission JICS Independence and Mandate
2. Sexual Abuse of Inmates

4. A.) JICS Independence
Concerns over JICS ‘situational analysis’, dependence on the financial and administrative support of DCS and limited budget allocation
Sonke’s 2013 research on the functioning of Independent Correctional Centre Visitors (ICCV’s) may be of relevance
Research Methodology:
In 2013, Sonke initiated research into the functioning of the JICS ICCV and Visitors Committees ('VCs') on behalf of the Detention Justice Forum.
Two monitoring forms were developed to assist in the analysis of both regular VC meetings and stakeholder meetings between 1 June - 5 September 2013.
Four monitors selected 7 VCs in the 4 management regions of JICS to attend VC meetings and interview ICCVs.

5. A.) JICS Independence
Key finding: the work of ICCVs is severely hampered by their administrative and functional dependence on DCS:
Office space
interviews in hallways – confidentiality
Private spaces are critical for maintaining inmate confidentiality, and in these conditions, it is not surprising that the most sensitive complaints, such as those pertaining to sexual abuse, are rarely reported to ICCVs.
ICCVs mostly do not have their own computers or phones
conflict of interest, delay in work, independence
Heads of Correctional Centres often do not attend Visitors Committee meetings
suggesting that VC meetings are not considered a priority by many HoCCs
DCS officials who do attend, often lack decision-making capacity, as they are not officially representing HoCCs.

6. JICS Independence Recommendations from research
ICCVs should be supported by JICS Head Office, Regional Managers and Visitor Committee Coordinators ('VCCOs')
Address ICCV practical dependence on DCS
Cooperation between DCS and JICS Head Office is vital
All HoCC’s should participate actively in VC meetings
Ensuring follow-up on complaints
Increased civil society and other stakeholder involvement in ICCV
Investment in ICCV training

7. JICS Independence Recommendations
Separate legislation for JICS
JICS should have the power to make binding recommendations
JICS should be granted investigative powers akin to Independent Police Investigative Directorate (IPID)

8. B.) Sexual Abuse of Inmates
Sexual Abuse is widespread in DCS facilities
Sexual Abuse is a key driver of HIV
HIV prevalence estimates from DCS and the Institute for Security Studies are 19.8% and 40% respectively - far above the national average.
Nearly half of all inmates surveyed by JICS in 2007 reported that sexual abuse happens “sometimes,” “often”, or “very often”

9. B.) Sexual Abuse of Inmates
Sonke commend JICS for disaggregating sexual violence complaints from the general assault category.
Annual Report: Only 10 complaints of “assault (sexual)” in the JICS reporting period
Not a true reflection of extent of sexual abuse in correctional facilities

10. Sexual Abuse of Inmates: Recommendations
Training of DCS, JICS staff and inmates on the Sexual Offences Act
Disaggregate “assault (sexual)” data: rape, compelled rape, sexual assault, compelled sexual assault, sexual harassment
Use the specialized sexual offences complaints form
Encourage implementation and monitoring of the ‘Policy Framework to Address Sexual Abuse of Inmates in DCS Facilities’

11. Summary Recommendations
Secure the independence and autonomy of JICS
Implement the ‘Policy Framework to Address Sexual Abuse of Inmates in DCS Facilities’ with urgency