Record of the 23rd APCCA
Agenda Item One
1. INTRODUCTION
Following the practice which was first introduced in 1997, all delegations presented National Reports on Contemporary Issues in Corrections. At this conference, for the first time, the Rapporteur provided a thematic summary at the conclusion of the presentations. The content of the presentations continues to vary between participating nations, reflecting the economic, socio-political and cultural diversity of the Asian and Pacific region. The papers acknowledged a wide range of issues facing correctional administrators. Many of these are familiar but a number of themes either have emerged or become stronger. This review highlights these trends which include:-
Ø Increasing focus on inmates’ reintegration/‘re-entry’ into the community;
Ø Knowledge development initiatives for prison staff;
Ø Greater collaboration with relevant agencies and the community in the rehabilitation and reintegration process;
Ø Raising public awareness.
The review concludes by identifying some of the future challenges that are faced across the region.
2. SOCIO-POLITICAL CHANGES AND ECONOMIC CONSTRAINTS
As in previous years, the conference revealed the various ways in which broad socio-political and economic factors affect organisational structures, service delivery and the demographics of the prisoner population, and also how such changes impact on correctional administrators and staff. Legislative and procedural changes in many jurisdictions such as China, Japan, Korea, Mongolia, Singapore, Hong Kong (China), Malaysia, Cambodia, Kiribati and Fiji have provided a new directional force with respect to the needs of individual inmates, respect for human rights, the delivery of quality services, and the implementation of correctional and rehabilitation processes.
Financial resources remain a key issue in all jurisdictions. For example, in Fiji, the lack of adequate funding has resulted in a staff/prisoner ratio of 1:9, which poses a threat to prison security and which far exceeds the United Nations Minimum Standard of 1:4. In Thailand, the staff/prisoner ratio has deteriorated over the past decade from 1:10 to 1:20. However, despite financial constraints, some other jurisdictions have been able to obtain limited funding to implement new strategies. In Vietnam, the Government has allocated about US$60 million to upgrade its prisons. In Japan, a private advisory committee called the “Correctional Administration Renovation Council” was constituted in March 2003 to discuss prison administration reform. Mongolia’s democratic reforms in the 1990s resulted in a re-assessment of policies in the prison system with a focus on human rights, the market economy, an approach to world standards and improvements in court processes through a new ‘Court Decision Execution of Law’, which came into force in September 2003.
Prisoner health is a continuing issue in some jurisdictions. In preparation for a possible outbreak of Severe Acute Respiratory Syndrome (SARS), the Quarantine and Prevention of Disease Act was invoked in Brunei to protect staff and inmates. In Cambodia, Canada, Malaysia and Vietnam, prisoner health and contagious disease management (AIDS/HIV) remain a concern. The rate of federal offenders known to be living with HIV or AIDS was 1.8% at the end of 2001 and Canada is concerned since the number has increased by nearly 100% since 1994. Steps have been taken in the respective nations to establish health clinics, to upgrade prison hospital facilities and to improve the training of medical staff. The spread of tuberculosis is a continuing problem in Mongolia with a fatality rate of 295 prisoners per year. Fortunately, the problem has decreased by 75% over the past three years with the establishment of a prison tuberculosis hospital.
3. CRIME TRENDS
The increasing number of prisoners who have been convicted of drug-related offences is a major concern in most jurisdictions including Australia, Brunei, Fiji, Japan, Korea, Macao (China), Malaysia, Sri Lanka, Thailand, Tonga, Vietnam, Pakistan and Canada.
As noted by the Indonesian delegate, globalisation of crime has impacted on the “scale, forms, types of crimes and offenders as in the cases of transnational crime, organized crime, white collar crime, economic crime and other conventional forms of crime. As a result, there is a sharp increase in the number of offenders and prisoners inducted in the correctional institutions including the ever worrying cases of drug offenders”. In Indonesia, the number of drug-related prisoners has risen from 2,073 in 2001 to 9,902 in 2003 (a 377% increase), and attention has therefore been given to the development of special drug institutions, substance abuse treatment programmes for inmates and training for prison staff to handle the changing prison population. Sri Lanka shares the same problem with 45% of its prisoners being incarcerated for drug-related crimes.
The distribution of drugs in prison is a major concern for most countries as it affects the security of the institutions, creates problems regarding the transmission of infectious diseases, and has implications for the health and safety of the community. In Canada, one of the impacts of the presence of gangs in institutions is the distribution of drugs within institutions exacerbated by links with outside criminal organisations. Thus, efforts are being made not only to rehabilitate offenders through treatment programmes and counselling, but also to sever the chain of drug distribution and to further evaluate mechanisms such as testing for infectious diseases, use of drug dogs, and search protocols.
In Cambodia, there has been an increase in gambling, alcohol consumption and drug use. These activities have been linked with the commission of offences such as theft, armed robbery, domestic violence and gang rape, and two-thirds of Cambodia’s inmates have been convicted of these offences. In Sri Lanka, drug addicts have turned to theft and burglaries to feed their drug addiction.
By contrast, other countries in the region have somewhat different crime trends. In Hong Kong (China), the increasing crime rate has been attributed to an increase in the number of ‘quick cash crimes’ (such as snatching, pickpocketing, shop theft and theft from vehicle) and ‘anti-social crimes’ (for example, serious assault, assaulting police officer, arson and criminal damage). However, in Kiribati, 25% of prisoners have been convicted of murder, followed by those who have been convicted of sexual offences (24%) and violence against the person (18%). In the Philippines, offences against the person are a continuing and growing problem.
In Canada, in contrast to many other countries, the crime rate, including violence, has been generally declining since the early 1990’s and now stands at about the same level as 1979.
4. PRISON POPULATION
(a) Continuing upward trend
Generally, the imprisonment rate in participating nations has been increasing over the years and this trend continues. Apart from the Cook Islands, Canada, Macao (China), Thailand, Korea and Vanuatu, there has been an increase in the imprisonment rate in all participating nations. In Canada, the number of incarcerated offenders has been declining in recent years, and in 2000/2001, it was about 10% lower than 1996/1997. The decline in the prison population in Thailand was due to its Government’s successful collaboration with various private and public agencies to resolve the overcrowding problem. In Korea, the recovery of the economy resulted in a decrease of the number of inmates. However, the reduction in number has not resolved the problem of overcrowding in both countries as the overall number of inmates is still at a high level.
In Australia, prison population trends vary between different parts of the country. The Northern Territory has the highest imprisonment rate (549 prisoners per 100,000 population), followed by Western Australia, Queensland and New South Wales (198, 183 and 155 per 100,000 adult population respectively).
(b) Reasons for the upward trend
Looking back on previous years’ statistics, it is depressing to note that the prison population has generally been increasing each year. It is therefore important to identify the main reasons for this upward trend:-
Ø Changing trends in crime
In some regions, there has been an increase in the number of prisoners who have been convicted of drug trafficking, possession of drugs, drug abuse and drug-related offences (for example, theft, burglary, and robbery). As discussed above, in many countries (including Indonesia, Brunei, Sri Lanka, Thailand and Malaysia), drug-related crimes are on the increase. This has caused an increase in the prison population – as shown by Indonesia’s four fold increase in the number of prisoners convicted of drug related offences over the last three years.
Ø Changing trends in sentencing and sentence enforcement
In some jurisdictions, there is evidence that the courts have been imposing longer sentences on convicted offenders. In New Zealand, the increasing prison population reflects a range of factors, including a growing number of remand prisoners, longer sentences for some types of offences, and possibly more rigorous fine enforcement. In other countries however, the majority of prisoners are serving longer sentences – for example, in Macao (China), 51% of its prisoners are now serving sentences of seven years or more. However, in Canada, the average sentence length for federal offenders has been steadily decreasing.
Ø Legislative and policy changes
In Malaysia, Thailand and a number of other jurisdictions, Government policies to control crime and a zero tolerance approach to drug offending have been a major contributing factor in the increased prison population.
Ø Influx of illegal immigrants, people smugglers and foreign prisoners
Jurisdictions such as Hong Kong (China), Macao (China) and Malaysia have a large number of illegal immigrants in their prisons. Prior to recent international transfer agreements, Thailand had a large number of foreign prisoners from Nigeria, whilst the Northern Territory (Australia) has experienced problems with people smugglers over recent years.
5. STRATEGIES TO OVERCOME OVERCROWDING
Increases in the prison population have generated problems of overcrowding in prisons in the Philippines, Brunei, China, Indonesia, Mongolia, Vietnam, Pakistan, Macao (China), Malaysia, Kiribati, and Sri Lanka. The problem is particularly severe in Malaysia’s female prison which has an overcrowding rate of 431%. Malaysia’s other prisons are also operating beyond capacity at a rate of between 103% and 241%. Japan’s female prison is operating at 125% of the authorised capacity. In Hong Kong (China), some of the women’s facilities have been operating at 55% to 135% above authorised capacity, whilst the prisons for men often operate at 14% to 48% above capacity. In Singapore and the Philippines, prisons operate at 44% and 87% above recommended capacity respectively.
The majority of nations have explored new initiatives and strategies to alleviate some of the problems. They include the following:
(a) Bail and court processes
Jurisdictions such as India, Sri Lanka, Cambodia and Pakistan have a very large remand population and hence, there is a need to develop strategies to expedite the court process. India is actively devising procedures to speed up the disposal of cases, but it remains the case that only around a quarter of India’s prisoners have been sentenced. Macao (China) has successfully reduced its prison population to a certain extent through the expanded use of bail. By contrast, new laws on bail in New Zealand and Australia have had the opposite effect, with legislation to restrict the grant of bail.
(b) Non-custodial sentences
The availability and use of non-custodial options vary across the nations. However, there is a clear consensus that the use of non-custodial options (such as community supervision, community work, electronic monitoring and periodic detention) should be expanded. China, India, Indonesia and Thailand make comparatively little use of non-custodial sentences and have expressed a desire to introduce a wider range of options. In Cambodia, non-custodial sentences are limited to fines, suspended sentences and conditional release but a new draft Penal Code is in the pipeline to extend non-custodial sentences. Similarly, Thailand is considering the implementation of work release orders and electronic monitoring, whilst Malaysia has introduced community service orders and established community attendance centres.
As a result of legislative changes in 2002, New Zealand’s community sentences (periodic detention and community service) have been merged under the umbrella of community work in order to provide greater flexibility in the management of offenders.
(c) Expanded prison capacity and refurbishment of facilities
As stated succinctly by Pakistan, “Overcrowding impedes the effective implementation and adherence to the required standard facilities”. Therefore, most jurisdictions acknowledge the need to expand prison capacity by building new prisons and/or refurbishing current prisons to accommodate the inmates. For example, in 2001, a new prison was opened in Brunei to accommodate first-time offenders with the aim “to achieve lower rate of recidivism through specialised rehabilitative approach and environment”. New prisons have also been built in Vietnam, Korea and the Philippines, whilst a newly constructed prison complex is expected to be fully completed in 2008 in Singapore. In Hong Kong (China), the development of a new co-location prison complex has been proposed with “shared manpower, facilities and infrastructure to achieve economy of scale” in order to “meet the projected demand up to the year 2015”. Macao (China) is planning to build a new prison to absorb an anticipated increase in the number of prisoners, and in Indonesia a drug institution has been specifically constructed to meet the needs of drug offenders.
Refurbishment and improvements to prisons are ongoing projects in Thailand, Korea, Vietnam, Macao (China), Malaysia, Pakistan and Mongolia. In Vietnam, the Government has committed US$60 million to upgrade its antiquated prisons. New Zealand is implementing plans to construct four new prisons.
(d) Expanded schemes for early release, boot camps and educational programmes
The national papers reveal that a range of early release mechanisms have been adopted as a means to alleviate overcrowding. Some jurisdictions, including Indonesia, Vietnam and Thailand have offered amnesties, national day remissions and pardons. In Vietnam, during the President’s special amnesty in 2002, 6,233 prisoners were released. In Thailand, offenders with drug problems are increasingly being accommodated in boot camps rather than traditional prisons, and selected prisoners are being released on special parole to undertake pre-release activities.
Singapore, however, made the important point that crime prevention strategies are at least as important. That country has run innovative education programmes for ‘at-risk’ youths with the aim of preventing an increase in crime rates and a consequential increase in the prison population.
In some countries such as New Zealand, Canada, Australia, Indonesia, the Philippines and Sri Lanka, parole schemes are used to release eligible prisoners. A new Parole Act was introduced in New Zealand in 2002 to restructure the administration of parole under one national Parole Board. Korea continues to expand the operation of parole schemes successfully. China and Malaysia have actively explored this concept, with Malaysia aiming to implement a parole scheme by the end of 2004.
6. OFFENDER DEMOGRAPHICS
Once again, all the reports made reference to the demographic characteristics of prisoners. Canada reported that: “Changes to the offender risk and need profiles include increases in offenders with problems related to violence, substance abuse, communicable diseases, other physical and mental illnesses, cognitive impairments and association with organised crime and gangs” and noted that an increasing number of leaders of criminal organisations are being held in prison. In addition, 11% of Canada’s prison population suffers from some form of psychiatric illness, and this figure is rising.
(a) Women
The rate of female prisoners varies greatly amongst the regions. Tonga, Fiji and Kiribati have the lowest rate at 1.5%. The proportion of female prisoners in countries such as India, Indonesia, the Philippines, Cambodia, China, Japan Australia, New Zealand and Korea is generally in the range of 3% to 7%. In Malaysia, Brunei, Singapore, and Macao (China), the range is broadly between 8% and 15%. The highest rate (between 19% and 20%) is recorded in Hong Kong (China) and Thailand.
Although female prisoners usually represent a relatively small proportion of the total inmate population, their population is generally increasing at a faster rate than the male population. One reason for this is the increasing number of female offenders being convicted of drug offences and/or drug-related offences. Therefore, there is a need to transform the management and accommodation of female prisoners, taking into account their specific needs.
(b) Age
Several papers, such as Australia and Canada, identified an increasing problem with an ageing prison population. Since 1995, the number of prisoners in the 50-year or more age bracket has risen by 27% in Canada, calling for the provision of enhanced chronic and palliative care for its prisoners.
Brunei, Indonesia and Malaysia have a growing number of younger prisoners who fall within the 18-30 year age group. This is attributable to rising unemployment in these countries and problems with drug abuse. In the Philippines, 60% of the prisoners are aged between 22-39 years. The younger age profile of offenders in these countries will affect the nature of offender management in the future.
(c) Indigenous Prisoners
Once again, Australia, New Zealand and Canada noted the continuing over-representation of Indigenous peoples in their prison populations. For example, Indigenous people constitute only 2% of the Canadian population, but they represent about 18% of the incarcerated population. In Western Australia, Indigenous people constitute around 4% of the State’s population but over a third of the prison population. In other parts of Australia, Indigenous people are also massively over-represented in prison. In New Zealand, although the Maori people constitute 14.5% of the country’s population, they represent 49.8% of prisoners serving prison sentences and 44.7% of those serving community-based sentences.
Conscious efforts are being made by the three countries to reduce this figure – for example, by seeking to deliver culturally appropriate treatment programmes, working in partnership with Indigenous communities, and training staff to interact with the Indigenous prisoners, communities and service providers. Canada and New Zealand appear to be significantly further advanced than Australia in this regard. In Canada, culturally designed ‘healing lodges’ have been built to assist the reintegration process and New Zealand has been actively implementing a comprehensive Maori Strategic Plan. All three countries have expressed concern that the rate of Indigenous over-representation seems likely to increase rather than decrease as a result of demographic trends and socio-economic considerations. Clearly, much remains to be done to implement culturally appropriate programmes and to engage with Indigenous communities to help to reintegrate prisoners and to try to develop innovative alternatives to incarceration.
(d) Foreign Prisoners
The 2001 APCCA Conference Report included a detailed review of the issues regarding foreign prisoners and the international transfer of such prisoners. Hong Kong (China) continues to be the leader in terms of signed agreements, but other countries such as Thailand, Australia and Japan have been actively pursuing the same.
Korea, Macao (China), Japan and Malaysia have a large number of foreign prisoners and note that steps need to be taken to overcome problems such as language barriers, customs and separation from families, in order to facilitate the rehabilitation process. Macao (China), for example, has a large number of foreign prisoners from China, Thailand, Taiwan and the Philippines.
7. SENTENCED AND UNSENTENCED PRISONERS
The country papers revealed wide variations around the region with respect to the percentage of unsentenced prisoners (‘remandees’). Brunei has the lowest figure (3%) whereas India has the highest (76.5%). India reports that although it is relatively easy to obtain bail, the ratio of remandees to sentenced prisoners is 3:1. The figures for Sri Lanka and Indonesia are relatively high at 51.6% and 39.7%, respectively. The variation is partly due to the different investigative procedures, legal requirements, rules on bail, and criminal justice procedures and traditions that apply in each country.
On average, the percentage of remandees varied between 10% and 30% in countries such as Macao (China), Kiribati, Hong Kong (China), Mongolia and Malaysia. The remand population in New Zealand has increased by 160% between 1991 and 2003. In some jurisdictions such as Cambodia, Brunei, Singapore and Tonga, the rates have decreased from the previous year but the percentage of remandees in Australia, Fiji and Hong Kong (China) has increased. The rate remains static in Japan (17%) and Korea (37%).
8. MANAGEMENT AND REHABILITATION OF INMATES
There is strong evidence of an increasing commitment across the region to an approach to offender management that seeks to integrate both ‘in care’ and ‘out care’, to help prepare inmates for life upon release and to ease their re-entry into the community. The ultimate aim is to reduce recidivism rates. As summed up by Cambodia, the role of correctional services is to “protect society by confining prisoners and detainees in a safe, secure and hygienic/humane environment which permits rehabilitation in order that they may return to society to lead meaningful lives”. Canada and Australia echo the same sentiment stating that the gradual release of offenders and structured forms of supervision and intervention are the best way to help offenders succeed in their reintegration, and thus contribute to safer communities.
There is now a marked shift in most countries to focus on a ‘risk and needs’ assessment of the individual prisoner’s suitability for a range of rehabilitative, cultural, and educational activities. Underlying such assessments is the goal of increased public safety and protection. This approach also raises issues regarding the protection of human rights, the delivery of treatment programmes and vocational training for inmates, the training of prison staff, and the development of mechanisms for inter-agency collaboration between the private and public sectors.
Plans are under way in Fiji, India, Australia, Singapore, Hong Kong (China), New Zealand and Canada to provide more effective rehabilitation and treatment programmes to better meet the needs and skills of inmates. In Western Australia, a comprehensive ‘re-entry project’ has been implemented which seeks to address offenders’ needs in a holistic and multi-agency manner. Thailand, Tonga, Brunei, Malaysia, Mongolia, Vietnam Sri Lanka, Philippines, Cambodia, Fiji, Sri Lanka, Singapore and Kiribati have implemented new schemes for the gradual reintegration of prisoners into the community.
Singapore Prisons Department has developed what it terms a ‘seamless throughcare’ concept, focussing on four key areas to “assist inmates to reintegrate into society, upon their release, as responsible and productive citizens” through collaboration with strategic partners and the community. Vocational and educational training programmes (for example in carpentry, urban-farming, welding, computer technology, home decorating, plastering) are being delivered to enhance the employment prospects of inmates following their release into the community. Some countries such as Malaysia, Thailand, Hong Kong (China), Singapore and Sri Lanka offer holistic programmes which include stress management, music therapy and meditation.
Thailand, Australia, Hong Kong (China) and Canada have conducted further evaluations on risk assessments and the needs of offenders and Hong Kong (China), Indonesia, Singapore and Malaysia have developed new substance abuse treatment programmes. Pakistan aims to provide treatment and vocational programmes to its inmates as far as possible, but the lack of financial resources has hampered progress.
9. KNOWLEDGE DEVELOPMENT INITIATIVES FOR PRISON STAFF
Staff development and training is an integral aspect of every organisation. Professional exchanges between Canada and Hong Kong (China) in 2001 proved to be a fruitful experience and a means of sharing and learning new ideas and practices. In July 2003, Hong Kong (China) signed a Memorandum of Understanding with Singapore to promote “staff exchanges, research and study projects, e-forum and bilateral seminars”. Malaysia has embarked on inter-agency collaboration with local and foreign higher education and training institutions to upgrade the knowledge and skills of its prison staff.
Cambodia and Kiribati are actively seeking to employ suitably qualified staff to develop and deliver treatment programmes to inmates. Whilst most nations such as Malaysia, Vietnam, Canada, Singapore, Sri Lanka Fiji, Hong Kong (China), Macao (China), Australia, New Zealand, Brunei and Japan have some funding to implement training programmes for prison staff, other countries (such as Pakistan and Tonga) have been seriously impeded by financial constraints.
10. COMMUNITY PARTNERSHIPS AND PUBLIC AWARENESS CAMPAIGNS
Collaboration between the government sector, interest groups and the community is viewed as an important strategy to assist the reintegration process of released prisoners by providing aftercare support. This can also help to alleviate problems of overcrowding in prisons. The majority of countries are already involved in inter-agency partnerships and cooperation at different levels.
For instance, Fiji is currently engaged in three reviews with international agencies such as AusAID, in order to “advance the level of professionalism, effectiveness and efficiency on the Fiji Prison Service in order to be vigorous and active in approaching and dealing with offenders”. Indonesia and India have outsourced the provision of programmes to staff and inmates, to non-government organisations.
Some countries including Pakistan and China called for further guidance and involvement from APCCA members to share experiences and best practice models with respect to reforms in the administration and provision of correctional services, the development of training programmes and staff exchange visits.
Public awareness campaigns are being conducted through the media by Singapore, Vietnam, Sri Lanka, Macao (China) and the Philippines to project a positive image of inmates, and to explain the roles of correctional services and the importance of aftercare support from the community.
11. SUMMARY AND CONCLUSIONS
Over the past five years, it is noticeable that the level of detail in all the country papers has increased greatly. The statistics are more comprehensive and the quality of discussion is improving each year, providing a wealth of information from which all countries can learn. There is also a growing openness to discuss problems and a genuine wish to share ideas.
The papers suggest that the following issues will be the most challenging problems faced by the majority of countries:-
Ø Rising prison population.
Ø Worsening overcrowding.
Ø Continuing economic constraints with an adverse impact on staff resources.
Ø A rise in drug-related offences and in the number of offenders with serious drug problems. This has already caused a rise in the prison population in some countries, most notably Indonesia. Across the region, it is of particular concern that amphetamine based drugs have become the drug of choice for many young people. As pointed out by New Zealand, such drugs can severely affect peoples’ behaviour and this has clear implications for prison systems management in the future.
Ø Generally, the percentage of remand prisoners seems to be increasing (India faces the most dramatic problem in this regard with only a quarter of its prisoners being sentenced).
Ø Increases in the number of female prisoners and foreign prisoners.
Ø The need to change offender management strategies to deal with an increasing number of younger prisoners as well as an ageing population.
Ø Management problems caused by groups of prisoners who require different needs. (In Canada, this includes prisoners who suffer from some form of mental illnesses and various gangs in prison. Korea noted that younger prisoners are less respectful of traditional boundaries).
Ø The over-representation of Indigenous prisoners continues to be a challenging problem for some countries.
These pressures - and especially the increasingly complex offender profile - will require countries to develop new approaches to security, health, programme intervention, community support and inter-agency collaboration.
However, some positive developments are evident. For example:-
Ø Canada, Thailand and Korea have experienced a decline in prison numbers.
Ø Across the region, there is a stronger focus on rehabilitating and reintegrating offenders (rather than on punishment), and on garnering community support.
Ø Along with this, there is a greater commitment to human rights issues, with upgrades in prison standards and facilities, and amendments to prison laws. Several jurisdictions have already amended their prison laws and others now have stronger external accountability structures. For example, Korea now has a Human Rights Commission and many Australian jurisdictions now have independent prison Inspectors. In India, the Government has formulated a National Action Plan for Human Rights Education with respect to inmates and Japan has embarked on a ground-up review.
Ø Engaging the community and relevant agencies is seen as an important way to assist rehabilitation and reintegration processes.
Ø Some jurisdictions (including China, Hong Kong (China), Singapore and Canada) have signed Memoranda of Understanding in order to exchange ideas and to facilitate staff exchange programmes.
It is noticeable that the quality of information and discussion at APCCA conferences has improved significantly over recent years. This suggests that APCCA has played a useful role in promoting regional moves towards secure, humane and effective prison systems. It provides a useful basis upon which to build further regional collaboration in a number of areas, including prison standards, training, parole systems, non-custodial sentences and other areas of correctional endeavour.