PRISON CONDITIONS AND THE NARRATIVES OF FEMALE INMATES

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CHAPTER THREE LITERATURE REVIEW

INTRODUCTION

There is insufficient scholarly writing about prison conditions in African contexts. Most scholarly works on this subject emanate from western scholars, who have written about the origin of imprisonment, examining the factors behind the establishment of prisons in both western and African countries. Nevertheless, the kind of life to which inmates are exposed has preoccupied the press and human rights activists in various countries in Africa since the beginning of the twentieth century.
This chapter contains a review of literature dealing with imprisonment in general, but with a specific focus on Africa. The history of imprisonment, both in western and in developing countries, will be traced in order to understand the factors behind the establishment of prisons and, thus, to place the discussion of the present study in its proper context. The literature review will focus specifically on prison conditions, especially the conditions of female inmates, in both western and African countries. The chapter also highlights various international and Cameroonian policies on imprisonment, with a special focus on those policies that deal with female imprisonment, both in Cameroon and from the international forum.
The chapter is deals with three main themes, namely:1) Early religious influences (in selected African and Western countries) and imprisonment: 2) Background to imprisonment in Africa and; 3) An overview of prison conditions, highlighting female imprisonment.

EARLY RELIGIOUS INFLUENCES AND IMPRISONMENT

The fact that the establishment of prison ‘services’ in both western and African countries was motivated by the need to instil repentance in culprits is beyond dispute. Indeed, as Wogaing and Abissi (2011:6) observed in relation to contemporary Cameroon, prison authorities often allow pastors into prisons to preach to the inmates in order to facilitate the holistic transformation of the culprits. This section examines the literature that links the early establishment of prisons to religion in order to establish a point of departure for the discussion on imprisonment in the Cameroonian context. The focus on this type of literature enables the researcher to demonstrate how religion became an integral aspect of imprisonment and to examine why the religious factor became an important tool in presenting prisons as places in which it was possible to be transformed into a better being as opposed to using prisons as centres of torture.
Among the significant issues which have preoccupied scholars in their discussions on imprisonment is the relationship between religious reforms and the treatment of female inmates. These scholars have mentioned John Howard (1727-1790) as a member of the group of reformers who was motivated by evangelical asceticism. He abhorred the appalling prison conditions in British and other European prisons (Dobash et al 1986:36). In 1817 Elizabeth Fry, a middle class, English Quaker, helped to organise the Association for the Improvement of Female Prisoners. This group was made up of the wives of Quaker businessmen and they worked to bring about prison discipline, the separation of the sexes during incarceration, the classification of prisoners, female supervision for female inmates, adequate religious and secular instruction and the useful employment of female prisoners (Pitman in Dobash et al 1986:36). Elizabeth Fry (1780-1845) played a key role in changing the lives of female prisoners in Britain. Fry, like her predecessors, made religion a central tenet in the treatment of female prisoners (Carlen & Worrall 2006).
According to Dobash et al (1986:41), Fry was amongst the first to focus on female prisoners and she based her idea of reform on personal and paternalistic means of correction with religion as the main instrument. She did this by aiming to reform those women who did not adhere to the cultural specifications of the‘ideal woman’. Indeed, Carlen and Worrall (2006) point out that women’s prisons in the mid-nineteenth century became benign institutions which were organised in such a way so as to‘train’ the ‘unfortunate women’ who did not conform to the socio-cultural prescriptions of the societies from whence they sprung. Embedded in this strategy was the assumption that women are different from men and, therefore, they require special treatment which is appropriate to their sex (Zedner 1991:120). The underlying principle of Fry’s reformation involved training female inmates to become moral beings who would fit into the moral order that society has prescribed for women. Despite the underlying paternalist and religious approach to treating female prisoners, this approach did have a positive outcome as female prisoners were treated much better than had been previously.
These ideas resonate with the discussions presented in this study, especially as regards the attempt to answer the question as to the way in which both the religious organisations and the government of Cameroon have worked to address the rehabilitation of female inmates in the country.

RELIGIOUS INFLUENCES ON IMPRISONMENT IN SELECTED AFRICAN COUNTRIES

Scholarly work on prisons in Africa is inadequate despite newspaper articles and policy documents that have been written on issues of imprisonment. The ratifications by African governments of the international conventions on imprisonment are especially relevant.
The fact that prisons did not exist in Africa before the coming of the Europeans in the early 1800s is a common theme in scholarly works (see Agozino, 2005). Scholars have discussed the way in which traditional African societies used to dispense justice before the coming of the colonial powers to Africa and the reasons why prison ‘services’ were initiated on the African continent. Using the example of Nigeria, Agozino (2005:188) observes that nothing like a prison existed in Nigeria before 1800. The establishment of prisons in Nigeria is attributed to European trading companies for the purpose of detaining those Africans who resisted European authority or for holding those Africans who had been captured by Europeans during the epoch of the slave trade. Thus, prisons emerged in Nigeria, not as an agency of the criminal justice system, but to further European interests.
In sub-Saharan Africa in general, before the advent of colonisation, prisons, as seen in contemporary times, were non-existent. Conflicts were resolved in various ways and disputes were settled amicably by the elders. Fines, corporal punishments and, sometimes, the banishment of people from the land were meted out as punishment in cases of serious crimes. The most remarkable and controversial aspect of this system of justice was the extensive use of trial by ordeal, including drinking poisonous concoctions, putting the hand in boiling palm oil or water, or holding a red-hot iron bar. In such cases, if the accused came to no harm, then he or she was considered innocent (see, for example, Atabong 2011; Fombad 2007; Bernault 2003). According to Atabong (2011), ancestral spirits were often invoked and reconciliation and cleansing rites were usually performed for the purposes of redemption. The method described above relates to the system that may be witnessed in the north of Cameroon where the government has permitted traditional chiefs to detain persons outside of the government penitentiary, in a system known as ‘private prisons’ and which is infamous for the serious maltreatment of inmates (Totoum 2008).
As noted earlier, the most significant reason behind imprisonment in many parts of the world is the need to transform those individuals who have been involved in the crime (Du Preez 2008; Atabong 2007). Moreover, effective rehabilitation is possible only if the spiritual being of the prisoner is transformed. This explains why religion has become pre-eminent in most African prisons as it is believed to transform the spiritual being. This also demonstrates why there are similarities between religious development in Africa and in western countries. It was through colonialism, of which remnants may be observed even in the twenty-first century, that the English prison system largely shaped the Cameroonian prison system, especially in that part of the country which was occupied by the English.
The view of religion as a contributing factor to the rehabilitation of the incarcerated is evident in some of the objectives of the UN Standard Minimum Rule for the Treatment of Prisoners (1955), as adopted by most constitutions in Africa. In Kiri-kiri female prison in Nigeria, for example, preaching the word of God was a daily affair while, at Oko prison Nigeria, Ozo-Ezon (2004) reports that women spend a considerable amount of time with preachers. Prison authorities encourage this practice because it is believed that hearing the word of God will soften the hearts of the prisoners, causing them to repent and change their ways. This is a motivation that traces its roots from the eighteenth century during which period religious reform played a central role in the treatment of female prisoners. John Howard (1727-1790), motivated by evangelical asceticism, has been credited with being part of this group of reformers.
There is freedom of religion in Cameroon and the religious authorities are allowed in prison for the purposes of evangelism while the presence of the International Catholic Commission for Prison Pastoral Care (ICCPPC) in Cameroonian prisons confirms the use of religion in ensuring the total rehabilitation of the incarcerated (see, for example, Atabong 2011).
Most of the reformation in female prisons is carried out by the religious authorities in Cameroon today, just as it was stipulated by the early reformers in western countries. Evangelists are among the daily visitors to various prisons in Cameroon with both Christians and Muslims coming to preach the word of God in prison. As this study will show, several female inmates have found themselves ‘affiliated’ to the several religious groups that come to preach in the various prisons in Cameroon. In this respect the views of Ozo-Ezon (2004) and Atabong (2011) provide significant insights into the analysis and interpretation of the study’s data.

RELIGIOUS INFLUENCES ON IMPRISONMENT IN SELECTED WESTERN COUNTRIES

As in Africa, religion played a crucial role in changing the conditions of imprisonment in several countries in the western world. This section deals with the literature that discusses how religion was at the centre of influencing imprisonment in the western world, reviewing the context that necessitated the participation of different religious sects in rehabilitating prison inmates.
The fact that earlier reformers made religion central in the treatment of female prisoners is a view held by various scholars in criminology, sociology and religious studies. As mentioned above the influence of John Howard (1727-1790) and Elizabeth Fry on the British prison system was significant. Prisons continued to expand in Britain in the early eighteenth century and, by 1733, Britain had assigned chaplains to all the prisons in the country.
According to Savelsberg (2006), in Germany religion affected punishment both directly and indirectly and shaped the institutions in which punitive decisions were made. Savelsberg (2006) maintains that the Lutheran doctrine influenced German criminal law as religious principles became secularised and also through the philosophy affected the formation of crucial nineteenth and twentieth century criminal codes. Religion promoted notions of rehabilitation while forgiveness, hope and learning came from the world of the inner life and religion entered into the outer world of the law.
The origin of prisons in America is attributed to the Quakers, a protestant religious sect which was appalled by the cruelty of torture, execution and the fact that death meant the end of the criminal’s life (Murton in Kaguongo 2003:9). This religious sect was preoccupied with the redemption of the souls of the criminals and this explains the advent of the penitentiary which was a place of separation in which criminals could reflect on their evil deeds and repent (Murton in Kaguongo 2003:9).
It is interesting to note that, before the advent of religious influences, execution was the favoured means of punishing those who had broke society’s rules (see Foucault 1977). Thus, the role of prison chaplains (reverends, priest) in the late fifteenth century was to assist those condemned to death to repent from their sins. During medieval times the Roman Catholic Church introduced incarceration as an alternative to death and, based on this development, Protestants in Northern Europe established correctional facilities in the late sixteenth century. In 1703 the Catholics, under Pope Clement XI, built the Michel prison for youthful offenders, separating them from adults and providing work for rehabilitation.
It is evident from the section above that religion was used as an instrument of power and exercised by means of surveillance and control. This aspect of religion reminds one strongly of Foucault’s views on discipline and punishment, as explained in chapter 2.

CONDITIONS OF IMPRISONMENT: A GENERAL OVERVIEW

This section presents an overview of the relevant literature on prison conditions, examining not only international declarations on imprisonment but also scholarly works on the theme in order to create a point of departure for the discussion on the conditions of female imprisonment in Cameroon.
In 1996, the Pan African Seminar on Prison Conditions in Africa, held in Kampala, Uganda highlighted the plight faced by prison administrations in Africa and discussed the urgency of addressing prison conditions on the continent. This radical step taken by the delegates to the international seminar was a turning point in the history of Africa’s penitentiaries as, for the first time, individuals from different backgrounds and countries discussed ways in which to address the issue of prison conditions (Government of Kenya & Penal Reform International 2001:27). It is interesting to note that the Kampala Declaration (1996:1) specifically highlighted the importance of the proper treatment of female detainees and the need to recognise their special needs.
The writings on the prison conditions of both male and female inmates in Africa describe the appalling lives of the inmates. As will be seen below, scholars and civil society organisations describe overcrowding and poor nutrition as some of the challenges which prisoners face. These conditions are in contravention of the Kampala Declaration of 1996 and the UN SMRs (1955). Prisons are overcrowded with limited rehabilitation facilities, there is a lack of medical care services which are, in any case, under-resourced and understaffed and the conditions of the prison staff remain poor. This is compounded by the lack of adequate training and specialisation of the prison staff (see Report of the UN 2008:19). In particular, pregnant women do not receive adequate anti- and post-natal care in prison and their dietary requirements are normally not catered for (ibid). Both the Kampala Declaration and the UN SMRs are instruments which have been signed by several countries in an effort to improve and ensure good practice in the treatment of prisoners.
The SMRs remain a key reference point in the design and evaluation of prison conditions globally (Bastick & Brett 2005:4). However, the SMRs do not emphasise the rights and needs of female inmates, leaving them to the mercy of prison administrators to ensure that they have equal access to all the services and rights enjoyed by male prisoners. In addition, Principle 5(2) of the Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment clearly states that measures which are to address the particular needs of women prisoners are not, in themselves, discriminatory (UN 2008:26). The above-mentioned instruments imply that it is essential that the special needs of female prisoners be taken into account in their application – this will be demonstrated later in this thesis. The study discusses the nature of life as experienced by female inmates in Cameroonian prisons in order to ascertain whether or not the Cameroonian authorities have worked to implement the provisions of the Kampala Declaration and/or those provisions embedded in the UN Standard Minimum Rules for the Treatment of Prisoners.

OVERCROWDING

In the main, the prisons in African countries share similar problems of overcrowding to those experienced in other developing countries. When it comes to high levels of overcrowding on a country-by-country basis, the developing countries are at the top of the list with Cameroon (296.3%) ranked the highest (Sarkin 2008:14). However, the overcrowding in women’s prisons is not as severe as it is in men’s prisons, thus making the conditions of women’s imprisonment to appear paradoxically better than those of men. However, such an assumption overlooks the distinctive aspects of women’s incarceration, which include the marginal number of women in prison, women’s gender roles, and their reproductive functions (Vetten 2008).
It is important to note that overcrowding results in adverse conditions, including insufficient and inadequate bedding, thus forcing women to sleep on the floor, as is the case in the Central African Republic (ACHPR 2000), Egypt (HRAAP 2004), Namibia (Odendaal 2004) and Uganda (ACHPR 2001). In the Kaduna prison in Nigeria, for example, Ozo-Okon (2004) reported that 18 women were sharing two cells and a bathroom with no running water. According to Agozino (2005), Kirikiri women’s prison in Nigeria had an overcrowding rate of 130.47%, while the Thohoyandou women’s prison in South Africa reported a 242% occupation in 2005 and the Durban women’s prison a 159% residential rate in the same year (Inspecting Judge of Prison 2006:16; see also Sarkin 2008).
In most prisons, the capacity is extremely limited and has not been expanded over time (Sarkin 2008). After visiting Leeuwkop Maximum Prison and Modder B Prison in South Africa, Dissel wrote the following: “my overriding impression of these prisons is that they are large warehouses where people are stored until their sentences have expired” (1996: 7). In addition, many of the facilities are rudimentary in nature, and there are shortages of food, bedding, medical supplies and treatment, and recreational facilities (Dissel 2001; Odendaal 2004; AI 2009). In addition, the Department of Correctional Services in South Africa, as in many African countries, is crippled by a lack of funds and severe staff shortages. There is understaffing and the ratio of prisoner per warder is higher than that which exists in the developed world. For example, South Africa has one warder to every 5.5 prisoners with Namibia having one warder to every 3.9 prisoners (Dissel 1996) (see also Odendaal 2004). Nevertheless, the conditions in South African prisons have improved over the last decade in many respects. Disciplinary measures have become more humane, contact with families and communities have improved and a concerted effort is being made to introduce training, education and work opportunities into some of the prisons (Dissel 1996, Sarkin 2008). This is confirmed by the findings of Hesselink and Dastile (2010) where all the respondents attested to the availability of medical services and a correctional clinic with qualified medical staff to attend to the needs of female inmates and those of their babies.
The situation of Kenya and Uganda is no better and the prisons have been described as ‘death chambers’ with the prisoners sleeping on dirty floors. The communal cells are often poorly ventilated and badly lit, and lack adequate washing facilities. Overflowing buckets in one corner of the cell usually serve as the only toilets. Acute water shortages in some prisons have exacerbated the unsanitary conditions. The poor conditions in these prisons often lead to severe health risks and a number of deaths from malnutrition, dehydration, dysentery and pneumonia. In 2002, the Uganda Human Rights Commission reported that two prisoners had died in the Mbarara local prison as a result of a lock-up for two days without food and water as punishment of their inability to work (Mbarara Prisoners 2000 & Human Rights Watch [sa]).
Nevertheless, overcrowding is not unique to Africa with Venezuelan prisons being reported to have one guard for every 150 prisoners (World Report 1998). Dankwa (2008) concludes that overcrowding results in the living conditions of prisoners not being consistent with the SMRs and proper prisoner conditions in South Africa remain a challenge to the Department of Correctional Services (DCS). A comparative study of 24 prisons for women in Canada, Denmark, England, Finland, Germany, Scotland and the United States, between 1991 and 1996, revealed that conditions had not improved, despite promises of reforms. In fact, the prison conditions of women in most countries in the developed world have not improved and, in some cases, have even deteriorated. This is compounded by the fact that some feminist-inspired reforms in the developed world are playing a role in this decline. Prison laws are sexist, male and gendered and, where prisoner law suits are allowed, there is little chance that female inmates will either participate in or benefit from them (Bertrand in Snider 2008:199) – a situation which is relevant to this study.
This study will demonstrate that, although several NGOs, such as Action by Christians for the Abolition of Torture (ACAT), have worked to improve prison conditions in Cameroon, there are reports that the conditions of imprisonment are, in fact, deteriorating. According to L’Effort Cameroonais (in AI 2013:8):
Prisons in Cameroon are very bad and are of sub-human standards with poor lighting and ventilation. Prisoners do not have enough food. Accommodation is very poor and some prisoners have to sleep in the open … Because of that, a lot still needs to be done to improve on detention conditions in Cameroon.
This type of observation is extremely relevant to the analysis of the data in this study. Based on the narratives of female inmates, the researcher found it pertinent to examine whether some of the narratives, as presented by her informants, correlated with some of written documentation as presented above. Indeed, as the researcher demonstrates in this study, women constitute a vulnerable category in prisons as their specific needs are different from those of men, as a result of their gender.
Although the situations of women prisoners vary in different countries, I specify the following vulnerabilities as the challenges women face in accessing justice on an equal basis with men; the disproportionate victimisation, arising sexual or physical abuse prior to imprisonment; a high level of mental health care needs (often as a result of domestic violence and sexual abuse), a high level of drug and alcohol dependency, the stress (and stigmatisation) caused to women by imprisonment, sexual abuse and violence against women in prison, the high likelihood of their having caring responsibilities for their children, families and others, gender-specific health care needs and post-release stigmatisation, victimisation, and abandonment by their families (UN 2008:7).
According to the Special Rapporteur delegated to Cameroon by the ACHPR (ACHPR 2002), men, women and minors are to be kept separately in prisons in line with international policy but, as a result of overcrowding, this is extremely difficult to implement. Contrary to section 27 of the Cameroon Penal Code, mothers are often incarcerated with their children and/or babies. Incarcerated mothers and their children eat the same food and this also applies to pregnant and nursing mothers. It is worth noting that the particular dietary requirements of pregnant and nursing mothers are not taken into account by the prison authorities, while the food provided may be insufficient to meet the nutritional requirements of pregnant women. It would appear that women with babies and children in prison endure a double punishment, looking out for themselves and fending for their children. It is, thus, evident that prison conditions are poorly adapted to accommodate the special needs of pregnant women and mothers, in particular. Although equality is an element of justice, it does sometimes result in injustice. For example, the equal treatment of a pregnant female offender and a male offender will result in injustice. Chesney-Lind (2006:18) refers to the injustice that stems from such equality as “vengeful equity”. The dark side of this parity model is punitive and it impacts adversely on the physical and mental health of women. Based on the equality theory, Zimudzi (2004) argues that there is no proven correlation between increased female criminality and changes in the role and status of women.
The Cameroon government’s major problem is the overcrowding associated with the inadequate infrastructure and extremely old buildings, which were erected during the colonial era and which have not been renovated. The Cameroon government is dependent on both the European Union and on other international organisations and NGOs to ameliorate the prison conditions in the country. Even in instances in which Cameroon receives aid, it is extremely difficult to see the practical effect of this aid on the prison structures and conditions because of other factors such as the bureaucracy and corruption in the various spheres – police, prison and the judiciary (ACHPR 2002:10). However, it is now incumbent on public bodies in the United Kingdom to promote equality between women and men under the Equality Act 2006. This new legislation is important as it promises an end to institutional sexism. The consequences for the criminal justice agencies are clear as they must endeavour to ensure that there is equality in outcomes as regards the treatment of men and women. This does not, however, mean that men and women should be treated in exactly the same way but, rather, it means that they should be treated appropriately, according to need. Therefore, it is important to know what the needs of women offenders are, and what services are available that might meet these needs (Gelsthorpe, Sharpe & Roberts 2007).

TABLE OF CONTENTS
SUMMARY: PRISON CONDITIONS IN CAMEROON: THE NARRATIVES OF FEMALE INMATES
Declaration
Acknowledgement
Dedication
List of Photographs
List of Tables
List of Abbreviations and Acronyms
Table of Contents
CHAPTER ONE:PERSPECTIVES ON PRISON CONDITIONS AND THE NARRATIVES OF FEMALE INMATES
1.1 Background to the Study
1.2 Problem Statement
1.3 The Research Questions
1.4 The Objectives of the Study
1.5 Rationale for the Study
1.6 Theoretical Overview
1.7 Ethical Issues and Methodology
1.8 Operational Definitions of the Major Concepts
1.9 Outline of the Chapters
CHAPTER TWO: THEORETICAL FRAMEWORK AND CONCEPTUAL CONSTRUCTIONS UNDERLYING THE STUDY
2.1 Introduction
2.2 Theoretical Framework for the Analysis of Prison Conditions
2.3 Women in Prison: Discipline and Punish
2.4 Feminist Theoretical Framework
2.5 Conclusion
CHAPTER THREE: LITERATURE REVIEW
3.1 Introduction
3.2 Early Religious Influences and Imprisonment
3.3 Conditions of Imprisonment: A General Overview
3.4 Specific Needs of Female Inmates
3.5 Resistance in Women’s Prisons
3.6 Lack of Education, Health and other Social Support Structures
3.7 Conclusion
CHAPTER FOUR:METHODOLOGY
4.1 Introduction
4.2 The Research Design
4.3 Interview Guide
4.4 Narrative Interviewing
4.5 Sampling Strategies/Techniques
4.6 Issues of Authenticity and Trustworthiness
4.7 Negotiating Access
4.8 Data Analysis and Interpretation
4.9 Ethical Considerations
4.10 Limitations of the Study
4.11 Reflection
4.12 Conclusion
CHAPTER FIVE:LIVING CONDITIONS IN CAMEROON PRISONS
5.1 Introduction
5.2 Description of the Prison Infrastructure
5.3 Classification and Separating of Categories
5.4 Overcrowding
5.5 Hygiene and Sanitation
5.6 Food in Cameroon Prisons
5.7 Awaiting Trial Prisoners
5.8 Transition to Prison Life
5.9 Escape
5.10 Work, Rehabilitation, Education and Leisure
5.11 Psychological State
5.12 Maintaining Contact with Families
5.13 Conclusion
CHAPTER SIX:POWER AND CONTROL: THE RELATIONSHIP BETWEEN STAFF AND INMATES IN PRISONS IN CAMEROON
6.1 Introduction
6.2 Torture: A Historical Overview
6.3 General Instances of Torture
6.4 Vicarious Punishment
6.5 Specific Instances of Torture
6.6 Prison Riots: Female Solidarity in Resistance
6.7 Conclusion
CHAPTER SEVEN:SEXUALITY IN CAMEROONIAN PRISONS
7.1 Introduction
7.2 Power Relationships, Sexuality and Sexual Satisfaction
7.3 Sexual Offences in Prison
7.4 Same-sex Relationships
7.5 Conclusion
CHAPTER EIGHT: PARENTING IN CAMEROON PRISONS: PREGNANCY CHILDBEARING, BREASTFEEDING AND BABIES IN AND OUT OF PRISON
8.1 Introduction
8.2 Pregnancy and Childbearing
8.3 Babies and Children
8.4 Children of Imprisoned Mothers Left Outside of Prison
8.5 Conclusion
CHAPTER NINE:HEALTH, NON GOVERNMENTAL ORGANISATIONS, RELIGION AND FAITH BASED ORGANISATIONS
9.1 Introduction
9.2 Subventions
9.3 Religion, Non-Governmental Organisations and Faith Based Organisations
9.4 Religious Beliefs of Female Inmates
9.5 Religion as an Instrument of Reformation in the Lives of Female Inmates
9.6 Health
9.2 Corruption
9.3 Conclusion
CHAPTER TEN: CONCLUSIONS, POLICY RECOMMENDATIONS AND NEW DIRECTIONS
10.1 Introduction
10.2 The Experiences of Female Inmates in Prison: A Summary of the Findings
10.3 Theoretical Underpinnings
10.4 Methodology: Strengths and Limitations
10.5 Prison Conditions and Female Inmates: Policy Recommendations
10.6 New Criminological Imaginations and Directions: The Contribution of Imprisonment to the Lives of Female Inmates
10.7 Conclusion
REFERENCES
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