Following the model adopted since 1997, all delegates to this conference were invited to present an overview of the key issues currently facing their nation or territory. The reports addressed a broad range of questions, but there was a high level of agreement on most of the key issues.
Several papers and oral contributions noted that the operation of correctional systems is directly affected by the general socio-economic conditions in the society. China, for example, stated that the development of the market economy has brought about great change in the nature of offending in the country; and "to respond to these changes, the prisons should constantly improve the methodology of reforming the prisoners and apply new knowledge and research findings". Brunei Darussalam wrote that overcrowding in prisons was a result of "socio-cultural, economic and political changes of which unemployment is the result". Similarly, Vietnam expressed concern about the effect of "economic globalisation and world trade liberalisation causing an increase in corruption, organised crimes and transnational crimes".
One of the most obvious examples of regional differences lies in the size of the prison population. For example, China's prison population is more than 1.4 million. Tonga has 68, Kiribati 57 and Tuvalu just 6 prisoners.
There was also a shared concern that these socio-economic conditions tend to impact most upon those groups who are already most socially disadvantaged. For example, the delegation from New Zealand stressed that the over-representation of Maori and Pacific Islander prisoners is directly related to their socio-economic status. Canada and Australia expressed similar concerns with respect to their indigenous people.
The paper from Korea drew some striking links between imprisonment rates and socio-economic problems. It noted that the average daily prison population had increased rapidly from around 60,000 in 1995 to over 70,000 in 1999 "during the time of economic crisis". However, as the economic situation has recovered, the number of prisoners has fallen to around 64,000. In Macau (China), there is also a very clear link between crime and the "crucial economic activity ... of gambling".
In some parts of the region, political, historical and socio-economic factors have a particularly profound impact. Delegates noted with great regret that the political situation in Fiji had prevented that nation's attendance at the conference. Indonesia wrote that the "economic, social and political problems that pounded Indonesian society" had resulted in an increased prison population and in a number of problems of prison security and control. Sri Lanka's report pointed to a particular problem with respect to those suspected of terrorist activity, who are often detained for long periods without trial. Cambodia and Mongolia noted that there was a lack of resources to improve the poor physical condition of prisons. Prior to a recent program of renovation, this had also been a problem in Tuvalu.
Prison populations are generally increasing across the region. However, there are a few exceptions to this pattern. Brunei Darussalam's prison population has declined from 1100 in 1997 to 800 in 1999 and Canada's prison population has remained stable in recent years. The biggest recent decline has occurred in Kiribati, where the prison population has fallen by around one third over the past year. This was due to the "Millennium Prerogative of Mercy granted to almost half of the total prison population at the beginning of this year". As noted, Korea's prison population has also declined in the past year.
In the rest of the region, the level of increase varied but was generally significant, especially if viewed in the light of increases during the preceding years. In Australia, the average daily prison population increased by 9 per cent from 1997/8 to 1998/9. The imprisonment rate per 100,000 adults showed a similar increase. In China, the incarceration rate was 118.9 per 100,000, an increase from 112 per 100,000 in 1998. In 1999, Hong Kong (China) saw an increase of around 5 per cent in the number of people admitted to correctional institutions. The inmate population in Macau (China) has more than doubled since 1995. In Indonesia, the prison population stayed relatively stable in the period from 1999 to 2000. Japan, Malaysia and New Zealand are all experiencing a steady rise in the prison population and these trends are expected to continue. Tonga's prison population has fluctuated and after a decline in the first part of 1999, has increased again. Singapore and Thailand are experiencing particularly significant increases. The Singapore paper referred to a 48 per cent increase. In Thailand, the number of male prisoners increased 130 per cent between 1992 and 1999 and female prisoners increased 526 per cent over the same period.
Prison overcrowding is a reflection of two matters - prison population and prison capacity. In most jurisdictions, increases in the prison population have resulted in overcrowding. Thailand, for example, has a prison capacity of around 100,000, but a population of more than 200,000. Malaysia's capacity is well below its population and "it is common for 4 or 5 inmates to be accommodated in a cell designed for a single inmate". However, this is not always the case. Indonesia, Japan and Macau (China) have all experienced an increase in the prison population but are still operating at below full capacity (85 per cent in Indonesia, 87.5 per cent in Japan and 90 per cent in Macau (China). However, it should also be noted that even in these jurisdictions, there are some points of pressure. In Japan, for example, women's prisons are overcrowded, with an occupancy rate of 119 per cent.
In many jurisdictions, the overcrowding problem is such that long term strategies need to be developed. One element of such strategies will be the building of new prisons. Hong Kong (China) opened a new prison in October 1999 but still has an occupancy rate of 116 per cent. Brunei Darussalam is about to embark on a major prison building program and Korea has enacted legislation to permit the construction of a privately operated prison.
Several other strategies also emerged from the conference papers. As noted earlier, Kiribati granted the Prerogative of Mercy to almost half its inmates at the beginning of the year. Similarly, Vietnam offered an amnesty for more that 20,000 offenders. All jurisdictions are actively pursuing the introduction or expansion of community-based alternatives, including home detention and parole. For example, Korea has extended the operation of early release schemes and China and Malaysia are considering the introduction of parole systems.
The paper from Korea identified another interesting strategy to reduce the prison population. There, the "prosecutor's office reduced the number of inmates on remand by controlling the indictment rate". This suggests a high level of collaboration between the different criminal justice agencies in that country compared with other parts of the region.
As in previous years, the reports continued to demonstrate that prison population levels are not necessarily related to changes in the rate of crime. In some jurisdictions, including Singapore, there has been a decline in recorded crime but an increase in the inmate population. In Canada, the crime rate has declined for eight consecutive years, with 1999 seeing the lowest rate since 1979; however, incarceration rates remain stable.
These trends can, in part, be explained by a growth in areas of serious criminal activity. In other words, there may be less crime generally but more serious crime. Thus, in Australia and New Zealand, property offences such as burglary are declining, but offences of assault and robbery are increasing. China, Hong Kong (China), Macau (China) and Mongolia also noted an increase in violent crime. Korea, Brunei Darussalam, Malaysia, Tonga and Thailand expressed concern at increasing rates of serious drug-related offences. Canada, Vietnam and a number of other jurisdictions noted that serious gang-related crime appears to be on the increase. However, it would appear that public fear of crime, and political responses to such fears, also have a significant impact on the relationship between crime rates and incarceration rates.
There is considerable regional variation with respect to the position of unconvicted persons. These differences reflect different investigative procedures, legal requirements and criminal justice traditions. However, the detention of unsentenced people remains a problem. In 1999, for example, 50 per cent of all prison receptions in Malaysia were unconvicted people. In Korea, around one third of the prison population is on remand at any given time. More commonly, 20-25 per cent of inmates are on remand (e.g. Macau (China), Japan, Kiribati).
It is a matter of great concern that, in some jurisdictions, the remand population is growing even faster than the sentenced prisoner population. The two most obvious examples of this are New Zealand and Australia. This may partly reflect changing judicial practices but is also the consequence of legislation to restrict bail in cases involving charges of serious offences. It would appear that the issue of remand prisoners is likely to become of increasing significance throughout the region.
All of the reports make mention of the demographic characteristics of prisoners. Although there are a number of variations, some common themes can again be identified.
Issues pertaining to women prisoners are discussed in detail in Agenda Item 2. However, two points can briefly be made here. First, the proportion of female prisoners is generally in the range of 3 per cent to 9 per cent. However, two jurisdictions reported a much higher rate. Hong Kong (China) stated that around 14 per cent of the prison population was female. This figure is largely explained by a high number of illegal immigrants (72 per cent of all female prisoners). Thailand's figure is 17.5 per cent - primarily for drug-related crimes. Secondly, whilst female prisoners still constitute a relatively small proportion of the total inmate population, it is clear that in most jurisdictions, the female prisoner population is growing at a faster rate than for males. This point was forcefully made by Australia, Canada, China, New Zealand and Thailand.
Several nations (especially Australia, Canada and New Zealand) expressed ongoing concern at the rate of imprisonment of indigenous peoples. A number of initiatives have been developed to try to encourage indigenous people's participation in programmes (see also Agenda Item 3). However, much remains to be done and all of these countries share a concern that the rate of indigenous over-representation seems likely to increase rather than decrease. This is largely the result of demographic factors and socio-economic considerations.
Figures with respect to age were not available for all parts of the region but again, there are some general trends. Several countries face a problem with respect to "elderly" inmates. It was noted that prisoners aged 50 or more tend to pose problems with respect to physical and mental health care. Australia, New Zealand and Canada identified this as a particular problem. New South Wales, Australia, has established a specific facility for "Aged and Frail" prisoners. Other countries to express concern about an ageing prison population included Korea, Japan and Malaysia.
Most of the reports made specific mention of foreign prisoners. Generally speaking, the proportion of such prisoners remains low. However, there are some exceptions to this. In Brunei Darussalam, for example, foreign prisoners constitute around two thirds of inmates. Hong Kong (China) continues to have a relatively large number of foreign prisoners and mainlanders. Local Chinese represent only 43 per cent of the prisoner population. The remaining 57 per cent comprises Chinese legal entrants (24 per cent); Chinese illegal immigrants (20 per cent) and prisoners of other nationalities (13 per cent). Korea and Sri Lanka also reporting an increase in the number of foreign prisoners.
There was a consensus, in the reports, that it is necessary actively to pursue the question of international transfers for prisoners. Hong Kong (China) has entered bilateral agreements with three countries (Thailand, Philippines and Italy) since the APCCA meeting in Shanghai in 1999. It already has agreements with Sri Lanka, the UK and the USA and is actively engaged in negotiations with 30 other countries. Other nations are generally not so far advanced in this process.
During recent APCCA conferences, there has been a growing interest in prison standards, including compliance with international obligations such as the United Nations Standard Minimum Rules for the Treatment of Prisoners. This remained an important theme during this year's conference. China has now entrenched its prison laws and has made progress in "strictly enforcing the law, and implementing the principle of lawful, strict, civilised and scientific management in corrections". The Chinese delegation reported that the effect of opening up their prison system had been to enhance the position of prison staff, to help to mobilize prisoners and to strengthen the image of the prison system. Brunei Darussalam, Cambodia, Korea, Malaysia and Thailand were amongst the other countries to recognise the importance of United Nations standards to the development of prisons.
A number of countries, including Singapore, Hong Kong (China), Canada, Australia and New Zealand were keen to explore the further development of international benchmarks. The New Zealand delegation suggested three strands to this ; efficiency in service delivery; performance in preventing escapes, self harm etc; and effectiveness in reducing recidivism. Hong Kong (China) and Singapore have developed a strategic relationship to share knowledge and work to similar goals.
Tied in with these developments is a sharper focus on prisoner's rights and duties, and developing mechanisms for resolving prisoners' grievances. For example, Japan stated that new laws are to be developed with respect to these matters and Korea noted that prisoners now tend to raise more grievances. Malaysia has recently revised its Prison Regulations to afford more rights to prisoners.
It is a sign of the maturity of the conference that the focus of discussions is now on humane and effective treatment and service delivery. However, two core functions of any prison system will always be the physical security of the prisons (keeping prisoners in custody) and the control of institutions (ensuring the safety of both staff and inmates). It is pleasing to record that no major concerns were reported with respect to these issues. China reported its lowest ever escape-rate and Indonesia stated that the number of escapes had declined dramatically from 1999 to 2000. However, some of the smaller jurisdictions, including Macau (China) did note the difficulties which can arise when rival groups are, of necessity, placed in the same prison.
There was consensus that, in the words of Brunei Darussalam, correctional systems should aim to ensure that the person can lead "a law-abiding and self-supporting life" upon release. This is often expressed in terms of "offender reintegration". However, the delegation from Canada made the important observation that the focus should probably shift to "social integration" rather than re-integration because many prisoners "have not been fully integrated into communities prior to incarceration".
These rationales mean that there must be a carefully structured treatment and management regime for prisoners to prepare them for release. Canada has one of the most sophisticated systems for needs and risk assessment of prisoners, leading to subsequent treatment programs. Other countries are increasingly following suit. A good example is Singapore's HUMAN (Housing Unit Management) system. This includes the development of a "road map" sentence plan for all prisoners and the integration of both "incare" and "outcare". Australia and New Zealand are also pursuing similar strategies. New Zealand is making particular strides in focussing on indigenous (Maori) culturally related needs as part of the assessment process and the development of sentence plans.
Participants further stressed that integrated offender management strategies of this sort will require careful research and systematic evaluation.
It is clear that prison population levels and overcrowding are the predominant concern of prison administrators in the Asian and Pacific region. Since rates of imprisonment do not necessarily decline even if crime rates fall, we can anticipate that overcrowding will remain the central concern for many years to come. Across the region, there also seem to be some common pressure points. These include female prisoners and remand prisoners - both groups growing at a faster rate than the total prison population.
However, whilst prison administrators will
continue to face considerable difficulties as a result of these trends, there
are some positive developments. All jurisdictions appear to be effectively
meeting the core functions of custody and control. There are also some very
positive developments with respect to international standards, benchmarking and
offender management. Although the various jurisdictions have reached different
stages of development with respect to these matters, it is important to record
the extensive shared commitment and increasing spirit of collaboration
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