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Prison overcrowding is a worldwide phenomenon. Prison overcrowding and the resulting financial and human rights problems related to overcrowding remain one of the paramount concerns and have been expressed by developed and developing countries (Signh, 2009). According to UNDOC (2016:21), prison overcrowding continues to be labeled the ‘priority

challenge for prison administrations around the world ‘and ‘one of the major challenges in the administration of justice’ (UN Human Rights Council, 2015). This has prompted the UN

General Assembly to reiterate the importance of measures to reduce overcrowding and pre- trial detention in its 2016 resolution on human rights in the administration of justice (UN, 2016). Prison overcrowding in East, Central and West Africa, Central America and South Asia is particularly severe (UNDOC, 2016:21).

There has not been a universally acceptable definition of overcrowding. Griffiths & Murdoch (2009) defined prison overcrowding as a situation in which the numbers of persons confined in a prison are greater than the capacity of the persons to provide adequately the physical and psychological needs of the confined persons. In another parlance, Harney (2005:35) at the second hearing of Commission of Safety and Abuse in America's Prisons held in Newark, New Jersey, posit that overcrowding could mean housing more prisoners in environments that do not have the infrastructure to manage them properly. Housing more prisoners in environments that do not have adequate programming resources, housing more prisoners in environments that do not have medical and mental health care that is commensurate with the number of people who are confined (Harney, 2005:35).

From these two definitions, the researcher attempted to describe prison overcrowding as ‘a condition in which a designated building for prison is accommodating more prisoners that the stipulated capacity which it was designed to accommodate, as well as lack of necessary resources that are adequate for the population of prison inmates with a purpose for the effective rehabilitation of prisoners at any given time'. These resources are those are needful for the physical, psychological, mental and social well-being of the prisoners.

144 Though overcrowding is a global phenomenon, the situation in Africa is of great concern. For instance, prison overcrowding in three of the five regions of Africa namely East, Central, and West Africa was described by UNDOC (2016:21) as being particularly severe among the five regions of the world. Other regions of the world where prison overcrowding is of concern are Central America and South Asia

Overcrowding in Africa prisons has its origin in the colonial era (Dissel, 2001; Sarkin, 2008) In 2008, Sarkin described overcrowding as the most pressing concern facing African nations. The situation seems not to be different even now. Most of the prisons in Africa are characterised by overcrowding. However, the degree of overcrowding differs from one country to the other as well as one prison to the other in different countries

Nelson Mandela Rule 1 which states that:

All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times (UNODC Nelson Mandela Rules, 2015:2). Nelson Mandela Rule 12 which states that:

1. Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room (UNODC Nelson Mandela Rules, 2015:12).

Kampala Declaration

Resolution 3, 4 and 5 of the Kampala Declaration states that

3. That prisoner should have living conditions which are compatible with human dignity, 4.That conditions in which prisoners are held and the prison regulations should not aggravate the suffering already caused by loss of liberty.

5. That the detrimental effects of imprisonment should be minimised so that prisoners do not lose their self-respect and sense of personal responsibility (ACHPR, 1995:1).

145 A summary of the overcrowding nature of some prison in Africa are highlighted below: In South Africa, as at March 2016, there were 169,984 inmates in correctional facilities with a capacity of 119,134. A breakdown of prisoners in different facilities shows that Polls moor prisons in Western Cape region of South Africa were overcrowded by 251%, Malmesbury (old) also in Western Cape, Johannesburg Medium B Gauteng was overcrowded by 233%; Lusikisiki in the Eastern Cape was overcrowded by 193%(Judicial Inspectorate for Correction Services (JICS) Annual Report for 2015/2016:40). Furthermore, it was reported that Pollsmoor prison was operating at around 249% capacity accommodating 4032 detainees. This is more than 2413 detainees more than the number for which it is approved. Without mincing words, the overcrowding nature of prisons in South Africa does not meet international standards. The level of overcrowding will lead to overstretching the resources of the various prison facilities and it could engender violence and outbreak of communicable diseases

The overcrowding nature of prisons in Senegal prisons is described as ‘being endemic ‘by the U.S Human Rights report of 2016.For instance, Dakar's main prison facility that has a capacity to hold 800 had about 2,500 prison inmates (VOA,2016 citing the independent National Prisons Observatory).The total prison population of prisoners in Senegal as October 2016 was 9,422 as against the official capacity of 7 360 indicating an occupancy level of 119.3%.The overcrowding in Senegalese prisons does not meet the minimum requirement, the Nelson Mandela Rule as well as the Kampala Declaration.

Overcrowding is also prevalent in Zimbabwean prisons, especially in the urban centers. As at May 1, 2017, there were 19 521 prison inmates against the official capacity of 17,000.The Zimbabwe Prisons and Correctional Services acknowledged the overcrowding situation and described the situation as being overwhelming by the prisoner's population which has exceeded the holding capacity by 12% (News Zimbabwe,2015).In May 2016, the President of Zimbabwe, Robert Mugabe had to pardon over 2 000 prisoners in all prison in Zimbabwe in a bid to decongest the prisons and ensure better living conditions. In December 2015, Zimbabwe Human Rights Commission's report also noted the overcrowding nature of prisons in Zimbabwe thus: ‘The [Chikurubi] prison has a holding capacity of 1,360 prisoners and at the

time of ZHRC's visit, the prison had 2,270 inmates, making it 69.9 percent overcrowded’ (AA

News Broadcasting System (HAS)(2016).The overcrowding nature in prisons in Zimbabwe is inhumane, amounts to torture and an infringement on the fundamental human rights of the

146 prisoners. In essence, the prisons in Zimbabwe did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration

According to International Committee of the Red Cross, overcrowding is a major concern in prison in Cote d ‘Ivoire. The HRW (2017) states that most prisons in Cote d ‘Ivoire are overcrowded. As at November 30, 2016, the total prison population in Cote d'Ivoire was 11,192 as against the official capacity of 4 871 indicating an occupancy level of 281%. Specifically, at the Maison d'Arret et de Correction, Abidjan (Ivorien capital), a team of the Amnesty International (AI) was informed by prison officials in March 2017 that the prison has the capacity to hold 1 500 detainees but held 3 694 prisoners (AI,2017). The overcrowding situation of prisons in Cote d'Ivoire did not meet international standards and violates the Nelson Mandela Rule, as well as the Kampala Declaration as human dignity of prisoners, is not taken into consideration. In addition, the overcrowding in these prisons aggravates the suffering already caused by the loss of liberty.

In Ghana, a UN Special Rapporteur Mendez in 2015 described overcrowding in Ghana prisons as alarming. The media reported in mid-2016 that 28 out of the country's 43 prison facilities in Ghana were overcrowded by as much as 358 percent (Citifmonline,2016) According to the acting Director General of the Ghana Prison Service, Mr. Emmanuel Adzator, the Ghana Prisons at October 2016 Ghana prisons are overcrowded by 3,810 prisoners. Although the 43 prisons in the country are to hold a total of 9,875 prisoners, as at July 2017 the prisons were holding 13 293 (prison studies). This shows that the overcrowding situation in Ghana is not abating. Overcrowding being experienced in Ghana's prisons dehumanises the prisoners and it amounts to cruel treatment and an infringement on the human rights of the prisoners

In Togo, prisons are overcrowded holding more than twice its designed capacity. According to prison studies, the total prison population as at 2015 was 4 427 as against a capacity of 2 720.The President of Togolese Human Rights League described the overcrowding in Togo's prisons as alarming (IRIN,2012). The overcrowding nature in prisons in Togo is inhumane, amounts to torture and an infringement on the fundamental human rights of the prisoners. In essence, the prisons in Zimbabwe did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration

The prisons in Tanzania are also overcrowded. Amnesty International (2012) quoted the Legal and Human Rights Centre, a local NGO as saying that overcrowding is one of the major problems of Tanzania Prison Service. According to prisonstudie.org the official holding

147 capacity of prisons in Tanzania as at December 2015 was 29,552 while the number of prisoners stood at 31,382 representing a 6% above designed capacity. This is a case of abuse of fundamental human rights of the prisoners as well as non -compliance with the Mandela rules and the Kampala Declaration.

In Egypt, data about prisons and prisoners are lacking. To buttress this claim, Soufi (2014) indicated that activists inhuman Rights Centre for the assistance of prisoners reported a case where they became aware of the existence of a prison in Egypt only when a convict's family came to the center seeking for help. Despite the scanty information on prisons in Egypt, Sherry & White (n.d) after a visit to six prisons observed that overcrowding is a major problem in the six prisons they visited. In another study Shaker, an intern who conducted a research on Egypt prison system found that overcrowding is endemic in Egyptian prisons. A news report by nsnbc international shows that the Imbaba Public Prosecutor Alaa Samir who made a surprise visit to the prisons confirmed that there is overcrowding in Egypt prisons. The political crisis is a major reason why there is overcrowding in most prisons in Egypt. The overcrowding nature in prisons in Egypt is inhumane, amounts to torture and an infringement on the fundamental human rights of the prisoners. In essence, the prisons in Egypt did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration.

Furthermore, the prisons in the Benin Republic are also overcrowded and it is a serious problem. According to the 2015 Watch Dog on the Justice system in Benin, 9 out of 10 prisons in the Benin Republic were filled beyond capacity. In addition, the AI 2016/2017 report indicated that the prison in Cottonu held 1 137 detainees despite having a maximum capacity of 500.As at March 2014, the total prison population in Benin Republic was 7 067 against an official capacity of 2 900 this shows an occupancy level of 247%. The overcrowding nature of prisons in the Benin Republic did not meet international standards as it does not comply with the minimum requirements of the Nelson Mandela Rules as well as the Kampala Declaration. The prisons in Uganda are overcrowded as well. The overcrowding situation of prisons in Uganda has been described in various ways. For example, the Foundation of for Human Rights Initiative (FHRI, 2015) said ‘overcrowding in Uganda's prisons is alarmingly high,’ while the U.S Human Rights report 2016 that there is ‘gross overcrowding in Uganda Prisons’. VOA (2015) quoted the Commissioner of Prisons in Uganda as saying that the overcrowding in Uganda prisons is serious and that it has created a health threat. In addition, Joseph Amon, the Director of Human Rights Director of Human Rights Watch submit that that prisons in Uganda

148 are crammed to over 200% of installed capacity (Amon, 2011). The total prison population in Uganda as at October 2016 was 48 714 against the official capacity of 16 612.This does not meet the minimum requirements of the Mandela Rules and the Kampala declaration.

In Gabon, the prisons are overcrowded as well. According to Freedom House World Report, a human rights organization, the prisons in Gabon is severely overcrowded (FH, 2015). The prisons in Gabon was also described by US human rights report,2016 of being grossly overcrowded. For instance, as at the end of 2015, the Libreville Central prison that was built to accommodate 500 inmates held 2 014.Prison studies citing Africa Commission for Human Rights submit that Libreville Central prison held an estimated 1 753 prisoners as at January 16, 2014.The overcrowding nature in prisons in Gabon is inhumane, amounts to torture and an infringement on the fundamental human rights of the prisoners. In short, the prisons in Gabon did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration

The prisons in Morocco are also overcrowded. This was confirmed by the Minister of Justice at the interpellation in the country's House of Representatives on the phenomenon of overcrowding in Moroccan prisons. According to the minister, there were nearly 65,000 prisoners in Morocco against the official capacity of only 30 000 (Africa Criminal Justice Reform, 2016). Furthermore, Prison Abroad a U.K based NGO after visiting some prison in Morocco concluded that there was overcrowding in Moroccan prisons. Their view was expressed thus ‘prison cells meant for 18 people are shared by 30 men……… (British Embassy, Rabat,205:9). The claim of overcrowding in Moroccan prisons was confirmed by the Moroccan Observatory of Prisons that some prisons in Morocco were overcrowded and failed to meet international standards. As at May 2017, prison studies citing Morocco's national prison association claims that Morocco had a total prison population of 80 000 prisoners as against the official capacity of 40 000.The overcrowding nature of prisons in Morocco did not satisfy the Nelson Mandela Rules and the Kampala Declaration.

However, there are certain countries that their total prison population did not exceed the official capacity. These countries include Algeria, Botswana, Sao Tome among others. As at December 2014, Algeria had a total population of 61,000 while the official capacity was 68,317. Nonetheless, U.S report indicated that in some prison (though not specified) there were some cases of overcrowding. This claim however could not be verified. Botswana had a total prison population of 3 960 as at December 31, 2015, as against the official capacity of 4 337.As

149 regards Sao Tome, the total prison population as at October 2016 was 178 while the total capacity of the prisons was 260.

It need be pointed out that some countries in Africa, took some steps to reduce the overcrowding in their prisons. These countries include Morocco, South Africa, and Zimbabwe among others. In the case of Morocco efforts were made by the government to build additional prisons. As at 2016, 26 additional prisons had been built over a 3-year period (U.S human rights report,2016). In South Africa, a Western Cape High court in December 2016 ruled that the number of inmates at Pollsmoor remand detention facility be reduced by 1505 within 6 months in a bid to reduce overcrowding at the prison. On May 23, 2016, the President of Zimbabwe, Robert Mugabe granted pardon to over 2 000 prisoners in a bid to decongest the prisons in Zimbabwe. In Nigeria, the Controller of Prisons in Charge of Planning, Research Statistics Prison Headquarters, 12 new satellite prisons have been constructed in the last 12 years. In the Benin Republic, the National Assembly adopted a law on community service which could be used to reduce overcrowding by replacing detention with a non-custodial sentence (AI,2017).

There is still a lot to be done by various governments in Africa regarding the overcrowding nature of prisons in countries of Africa. The overcrowding nature of these prisons negates the Nelson Mandela Rules and Kampala Declaration and does not meet international standards. It is an infringement on the human rights of prisoners; the treatment is inhumane, cruel, and barbaric, and does not show that Africa is in tandem with changes in philosophy of imprisonment which is geared towards rehabilitation and reintegration. Overcrowding nature of most Africa prisons suggests that we still perceive imprisonment in the light of punishment. There is no gainsaying that no meaningful rehabilitation could take place in such overcrowded prisons. The overcrowding nature of prisons also portends health challenges such as Tuberculosis, HIV/AIDS, skin infections not only to the prisoners but to the prison officials as well as the general public.