United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules)
“No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.” Nelson Mandela
In 2015, following a revision process of more than 5 years, the UN General Assembly unanimously adopted the United Nations Standard Minimum Rules for the Treatment of Prisoners and named them in honour of the late president of South Africa. Madagascar adopted the Nelson Mandela Rules in 2017.
Before proceeding, I would like to state that my intention is not to to shame anyone, especially not the Malagasy prison officials. I have found them to be kind, hard-working, extremely concerned and happy to cooperate with renovation and other humanitarian projects. There seems to be a deeper systemic complex at play, and the deplorable prison conditions are likely influenced by multiple factors, most importantly a lack of funds in the budget.
It is important to be acquainted with the existing legal framework regarding incarceration in Madagascar while initiating improvements. When I approached the Administrative Director of Antalaha Prison to inquire about the overall guidelines for running Malagasy prisons he responded,
“Mandela Rules”
Here are some of the U.N. Standard Minimum Rules for the Treatment of Prisoners which are applicable to the prison work of EMM - ElsonHanitra Madagascar Mission.
Rule 19
All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.
Rule 13
All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
Every hour a guard claps as a call for all of the prisoners to turn over at the same time like a human wave of dominos.
Rule 12
Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the prison.
Rule 14
In all places where prisoners are required to live or work: (a) the windows shall be large enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
Rule 15
The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.
Rule 16
Adequate bathing and shower installations shall be provided so that every prisoner can, and may be required to, have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate.
Rule 17
All parts of a prison regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.
Rats and cockroach infestation
Rule 21
Every prisoner shall, in accordance with local or national standards, be provided with a separate bed and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness.
Rule 22
1. Every prisoner shall be provided by the prison administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well-prepared and served.
https://www.thenewhumanitarian.org/news/2012/11/21/sentenced-malnutrition
2. Drinking water shall be available to every prisoner whenever he or she needs it.
Rule 25.
The services of a qualified dentist shall be available to every prisoner.
Rule 24:
The provision of health care for prisoners is a State responsibility.
I believe that the intention exists in Madagascar to improve the prisons and meet international standards, but the challenge is daunting. As of 2022, there were 93 prisons in Madagascar housing nearly 30,000 prisoners, and these numbers continue to rise. The prisons are severely overcrowded, with occupancy levels averaging almost three times their capacity. These prisons were constructed during the colonial era by the French to incarcerate political prisoners during the revolution and have not undergone significant renovations since. Most international aid for Madagascar ceased in 2009 with the fall of President Ravalomana during a coup d’etat, and wasn’t restored until about 4 years later. In the interim years, Madagascar suffered a big economic setback. The path forward remains uncertain, and what actions will be taken to address this situation are yet to be seen.
https://www.prisonstudies.org/country/madagascar
https://www.politico.eu/article/eu-restores-aid-to-madagascar/
