Human rights advocacy in prison system

By THEO YASAUSE
HUMAN rights have become an issue for policy makers in the PNG prison administration and decisions.
It is a concept that is gaining momentum to seek social, economic and political justice. Here is a synopsis of how this issue gains momentum and its future implications for prison administration and policy interventions.

The conceptual notice
There are in fact two paradigms in this synopsis. First when human rights are seen as legal rights they have the authority of the law which then also reflects on the activists, organisations and movements claiming to protect and promote them.
Human rights activists defend the law, both constitutional and international Law. (This, of course, does not mean that the content and scope of human rights as legal rights are completely fixed. It does mean, however, that there are agreed methods of interpretation to determine the content.
The second point is the moral obligation to act in fairness and justice as humans as a tool for co-existence and invent interpersonal relationships. The irony is that human rights were their goal, their instrument and their language, whether they focused on civil and political rights or on the realisation of the full spectrum of human rights. Nowadays human rights are (again) more and more considered to be instruments for attaining other goals, such as dignity, equality, or social justice.
What has human rights got to offer in this discourse?

Origins of advocacy
Many argue that human rights advocacy can help improve the fate of the poor and marginalised. The genesis of human rights advocacy in Bomana Prison started immediately following the upheavals of 2013 prison break out.
The institution was hit by one crisis after another and these received widespread media coverage and criticism. This also culminated in the abuse of processes and systems in the prison either deliberate or as a result of ignorance. The various administrative interventions were misplaced and resulted in measures that brought protests and resistance.
There were four categories of human rights advocacy initiated in 2014: Health measures; equal opportunities for educational rehabilitation; equal opportunities for parole release; and family welfare. These broad themes offered opportunity to breed freedom, social justice and dignity besides providing public spaces for peaceful protest and political dissent.
Putting on the scholarly cap, it impresses me that in this discourse, the issue of distributive justice in the prison system resonates in the growing recognition of understanding of human rights as a moral and political concept and not merely a human rights law enforcement and legal mechanism.
The paradigm shift in the prison consider poverty, hunger and marginalisation as an affront to human dignity and, when it is the result of unwillingness, negligence or discrimination on the part of the state, as a violation of human rights. It is recognised that State agents have a responsibility to provide social welfare, at least to the most marginalised and vulnerable in society, and to offer an adequate remedy when inequality impedes people’s livelihood.
For the cases that have been advocated thus far at the Waigani National Court, many are seeking social justice issues, such as access to quality food, adequate accommodation and housing environment, health care, and parole release decisions, are part of the canon of ‘core’ human rights issues for the Bomana Prison at present.
However, sometimes even the most human rights-friendly administration will be unable to prevent hunger or outbreak of diseases. If it cannot be shown that deprivation is the result of the (in) action of the State, as of a human rights violation in the legal sense of the word. Consequently, the prisoners use arguments that find support in human rights provisions of the Constitution especially Section 57, enforcement of qualified rights.

Paralysis of enforcement system
The prisoners are classed as a poor and marginalised group and sometimes, it can be difficult to cooperate with the social justice movement administered through the law and justice sector. The alternative, de-legalising human rights, might be a trap to avoid, because, it leads to the trivialisation of human rights and “plays in the hands of socially oppressive elites” who can shy away from their legal obligations if these become moral duties only. The case in point in the lack of duty to act on various court orders issued by the National Human Rights Court. Many examples could be cited here but these could not be stated due to these cases being on foot in the National Court for deliberations and decisions.
Although social justice in the human rights track often articulates a vision that goes beyond the obligations of states to protect the poor, with prisoners fighting for the equal or equitable distribution and decisions, it may offer a minimal protection at best. Although there may be divergence of view, most proponents of human rights would agree that human rights, even if understood more progressively, may not satisfy all rights proponents as is now the case for the Bomana inmates.
Consensus: Prison charter
A modest first step for prison administration to address human rights issues is now captured in the proposed prison charter. The proposed charter is really a best practice tool/guide to on how the prisoners, officers and visitors should conduct themselves to bring about accountability and transparency in the management systems and processes.
It is how we all should conduct ourselves to effectively service all stakeholders both inside and outside the prison. It sets out the roadmap by which various stakeholders are envisaged to abide by to facilitate the provision of goods and services to the prisons.
Ideally this charter sets the building block for policy and legislative reform required to address some of the pressing issues facing the prison administration.
Raising the issue of human rights in a prison setting does not limit the discourse within that environment or setting. It is an issue that cuts across governance issues into all sectors of our society.
It corresponds to the significance of duty of care in the discharge of our responsibilities whether in a family setting, work places in both the public and private sectors or where human activity is present.
Ours and the rights of others should be an important consideration.

• The author is an inmate and chairman of the peace and reconciliation committee comprising prison staff and prisoners at Bomana.