The Rehabilitative and Reformative Role of Prisons in Uganda; The Law and Practice
71
i CERTIFICATION The undersigned certifies that he has read and hereby recommends for examination by the University of Dar es salaam the dissertation titled The Reformative and Rehabilitative Role of Prisons in Uganda: Law and Practice in partial fulfillment of the requirements for the award of the degree of Bachelor of Laws. .................................................................................................... KHOTI CHILOMBA KAMANGA, Ph.D. Supervisor Date……………………………
Transcript of The Rehabilitative and Reformative Role of Prisons in Uganda; The Law and Practice
i
CERTIFICATION
The undersigned certifies that he has read and hereby recommends for examination by the
University of Dar es salaam the dissertation titled The Reformative and Rehabilitative Role of
Prisons in Uganda: Law and Practice in partial fulfillment of the requirements for the award of
the degree of Bachelor of Laws.
....................................................................................................
KHOTI CHILOMBA KAMANGA, Ph.D.
Supervisor
Date……………………………
ii
DECLARATION
I, MPATA KALID, do hereby declare that the work presented in this dissertation is based on my
own original research and has not been submitted to any other University or Institution for a
similar or any other degree award. All literature referred to and used in this work have been
sufficiently cited and acknowledged.
…………………………………..
MPATA KALID
2007-04-05538
Date....................................................
iii
COPYRIGHT
This dissertation is a copyright material protected under the Berne convention, the Copy right
and Neighboring Act of 1999 and other international and national enactments on intellectual
property rights. No part of this work may be reprinted or reproduced or utilized in any form by
any means; electronic, mechanical or any other means without written permission of the Dean
University of Dar es Salaam School of Law (Formerly Faculty of Law) on behalf of the author
and the University of Dar es salaam.
iv
ACKNOWLEDGEMENTS
I would like to thank the Almighty God who has protected me throughout this study and the
entire life.
I would like to seize this opportunity to appreciatively thank my supervisor KHOTI
CHILOMBA KAMANGA, Ph.D. for the guidance he has offered me during the course of this
research. From the inception of the research topic and throughout the research, he has helped me
reconsider some arguments and drawn my attention to different literature and factual situations
relevant to this topic thus making this research complete and thus his name cannot escape
mention. Indeed his door was never closed whenever we called for guidance.
Thanks also go to Mr. Joseph Tenywa the Head Information and Communications Technology
Uganda Prisons Service and Program Manager- EDF Human Rights (Prisons) Project at the
Uganda Prisons Commission Kampala, Uganda for helping me establish initial contact with the
officers thereat who were very resourceful in providing the necessary information.
Sincere appreciations are extended to my Mother, Mrs. Mirabu Babirye and, Father, Mr.
Lyagoba Mubarak for the financial, moral and parental support extended to me during my
academic life and before. I thank my brothers; Mushuubo Isma, Lubega Taibu, Basingule Ayub,
Kalombo Hussein, Mwagu Ashiraf and Byakika Suleiman for their encouragement during my
years of study. Mr. Kitezaala Swaibu and Mr. Ntembe Ibrahim and the Staff of Jinja Progressive
Senior Secondary School are also appreciated for their efforts during my Advanced Level
education.
Finally I thank my friends; Ssebowa Asad, Thomas Irene, Kamya Peter, Ggoloba Abbey J.,
Lweno Hawa Clara, Kateme Diana, Kasere Robert, Runyoro Adolf, John Sarah, Tugume
Wycliffe, Kanakulya Albert and Swaibu Walyabira K.K., for their cooperation especially during
discussions and proof reading drafts of this work.
v
DEDICATION
To my lovely mother, Mrs. Babirye Mirabu and dear father, Mr. Mubarak Lyagoba, your
parental advice and guidance are invaluable assets that have made me succeed in all endeavors of
life. May the Almighty God reward you abundantly, the most deserving.
vi
LIST OF ABBREVIATIONS AND ACRONYMS
A.C Assistant Commissioner of Prisons
E.A East Africa
EDF European Development Fund
Edn Edition
Hon. Honorable
J. Justice
JJA Justices of Appeal
JJ.S.C Justices of the Supreme Court
MAC Mission After Custody
N.G.O (s) Non-Governmental Organization(s)
No. Number
O.C Officer in Charge
P.W.R.O Principal Welfare and Rehabilitation Officer
Pg Page
R.E Revised Edition
R.P.C Regional Prisons Commander
S.S.P Senior Superintendent of Prisons
T.L.R Tanzania Law Reports
U.P.S Uganda Prisons Service
UKPC Mauritius Reports of Privy Council Decisions
vii
LIST OF STATUTES
Constitution and Domestic Legislations
Constitution of Uganda 1995
Uganda Prisons Act 2006, Act No. 17 of 2006
The Penal Code of Uganda 1950, Chapter 120 of the Laws of Uganda
The Penal Code (Amendment) Act 2007, Act No. 8 of 2007
Trial on Indictments Act 1971, Chapter 23 of the Laws of Uganda
Subsidiary Legislation
Prisoners (Earning Rates and Gratuity) Rules, 2000
International Instruments
United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the First
United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at
Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C
(XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.
International Covenant on Civil and Political Rights, General Assembly Resolution 2200 A
(XX1), 21 U.N GAOR Supp. (No. 16) 52, U.N. Doc A J6316 (1967), adopted by the United
Nations General Assembly on December 16, 1966, and came into force from March 23, 1976.
Kampala Declaration on Prison Conditions in Africa, 1996
List of Statutes from Foreign Jurisdictions
The Tanzania Prisons Act 1967, Chapter 58 of the Laws of Tanzania, R.E 2002.
The Tanzania Parole Boards Act 1994, Chapter 400 of the Laws of Tanzania R.E 2002
The Kenya Prisons Act 1963, Chapter 90 of the Laws of Kenya.
The South Africa Correction Services Act, Act Number 111 of 1998.
viii
LIST OF CASES
De Boucherville versus The State of Mauritius [2008] UKPC 37
Guloba Muzamiru versus Uganda, Criminal Appeal Number 289 of 2003 (Unreported)
Kabatera Steven versus Uganda, Criminal Appeal No. 123 of 2001, Court of Appeal
(Unreported)
Kalibobo Jackson versus Uganda, Criminal Appeal No. 45 of 2001, Court of Appeal
(Unreported)
Kiisa Henry Bairukanga versus Uganda, Criminal Appeal No. 8 of 2003, Court of Appeal
(Unreported)
Onyango versus Attorney General, Civil Application 152 of 1986, Court of Appeal at Nairobi
(Platt and Gachuhi JJA), Thursday 07th
May 1987 (Unreported), available at www.kenyalaw.org
(Last accessed on Wednesday 10th
November 2010)
Oryem Richard and Nayebale Peter versus Uganda, Supreme Court of Uganda Holden at
Mengo, Tsekooko, Mulenga, Kanyeihamba, & Kato, JJ S.C. Criminal Appeal No.2 of 2002
(Unreported)
Ranchod versus State Of Madhya Pradesh, [1986] 16 M.P. Reports 147
Sebuliba Haruna versus Uganda, Criminal Appeal No. 54 of 2002, Court of Appeal
(Unreported)
Suzan Kijula and 416 Others versus The Attorney General, Constitutional Petition No.6 of 2003,
decided 20th
June 2005 (Unreported)
Tabu Fikwa versus Republic, [1988] TLR 48
Thomas Mjengi versus Republic, [1992] TLR 15
Wanaba versus Uganda, Criminal Appeal No. 156 of 2001, decided on 22nd
July 2003
(Unreported)
ix
Wasaja versus Uganda [1975] E.A. 181
Wilberforce Kakara versus Uganda, High Court of Uganda Holden at Masindi, Ocan J.,
Criminal Cause Number 09 of 2009 (Unreported)
Yanus Wanaba versus Uganda, Criminal Appeal No. 156 of 2001 in the Court of Appeal
(Unreported)
x
TABLE OF CONTENTS
CERTIFICATION ........................................................................................................................... i
DECLARATION ............................................................................................................................ ii
COPYRIGHT ................................................................................................................................. iii
ACKNOWLEDGEMENTS ........................................................................................................... iv
DEDICATION ................................................................................................................................ v
LIST OF ABBREVIATIONS AND ACRONYMS ...................................................................... vi
LIST OF STATUTES ................................................................................................................... vii
LIST OF CASES.......................................................................................................................... viii
TABLE OF CONTENTS ................................................................................................................ x
CHAPTER ONE ............................................................................................................................. 1
GENERAL INTRODUCTION AND BACKGROUND TO THE STUDY .................................. 1
1.1 INTRODUCTION ................................................................................................................ 1
1.2 STATEMENT OF THE PROBLEM .................................................................................... 2
1.3 METHODOLOGY ............................................................................................................... 3
1.3.1 Primary methods ............................................................................................................ 3
1.3.2 Secondary Methods ........................................................................................................ 4
1.4 HYPOTHESES ..................................................................................................................... 5
1.5 OBJECTIVES AND SIGNIFICANCE ................................................................................ 5
1.6 CONSTRAINTS OF THE STUDY ...................................................................................... 5
1.7 LITERATURE REVIEW ..................................................................................................... 6
CHAPTER TWO .......................................................................................................................... 12
THE PURPOSE OF IMPRISONMENT AS A PUNISHMENT TO OFFENDERS .................... 12
2.1 Introduction ......................................................................................................................... 12
2.2 Prevention of Crime and Protection of Society .................................................................. 12
2.3 Deterrence ........................................................................................................................... 13
2.4 Retribution .......................................................................................................................... 13
2.5 Reformation and Rehabilitation .......................................................................................... 14
2.5.1 The Role of Courts in the Reformation of Offenders .................................................. 16
2.6 Conclusion .......................................................................................................................... 18
xi
CHAPTER THREE ...................................................................................................................... 19
A CRITICAL ANALYSIS OF THE LAW RELATING TO THE REFORMATION AND
REHABILITATION OF PRISONERS IN UGANDA ................................................................. 19
3.1 Introduction ......................................................................................................................... 19
3.2 The Constitution of Uganda ................................................................................................ 19
3.3 The Uganda Prisons Act ..................................................................................................... 19
3.4 The Reformatory and Rehabilitative Programmes in Prisons under the Act ...................... 20
3.4.1 Categorization of Prisoners .......................................................................................... 20
3.4.2 Prison Education and Vocational Training .................................................................. 20
3.4.3 Freedom of Religion and Worship in Prisons .............................................................. 22
3.4.4 Prison Work ................................................................................................................. 23
3.4.5 Prison Exercise and Recreational Activities ................................................................ 24
3.4.6 Contact With Outside World ....................................................................................... 24
3.4.7 Treatment in Prison ...................................................................................................... 25
3.4.7.1 Mentally Sick or Insane Prisoners ............................................................................ 26
3.4.7.2 Prisoners Suffering From Other Illnesses ................................................................. 26
3.4.8 Remission of Prison Sentence and the Reformation of Prisoners ................................ 27
3.4.9 Social Relations and After Care ................................................................................... 29
3.4.10 Prison Officers’ Training ........................................................................................... 30
3.4.11 Prison Discipline and Punishment ............................................................................. 31
3.5 Conclusion .............................................................................................................................. 32
CHAPTER FOUR ......................................................................................................................... 33
PRESENTATION OF FINDINGS OF THE STUDY AND DATA ANALYSIS ....................... 33
4.1 INTRODUCTION .............................................................................................................. 33
4.2 DETAILS ABOUT THE RESEARCH RESPONDENTS ................................................. 33
4.3 PROBLEM OF RECIDIVISM IN UGANDA .................................................................... 33
4.4 REHABILITATIVE PROGRAMMES .............................................................................. 33
4.4.1 Religious and Spiritual Guidance Programs in Prison ................................................. 33
4.4.2 Prison Education and Vocational Training .................................................................. 34
4.4.3 Vocational Training ..................................................................................................... 35
4.4.4 Remission of Part of Prison Sentence and Reformation of Prisoners .......................... 35
xii
4.4.4.1 Public Perception of Remission of Prison Sentence ................................................. 35
4.4.5 Pre-release and After Care Programs ........................................................................... 36
4.4.6 Work in prison and the Prisoners Earning Scheme ..................................................... 37
4.4.6.1 Prison Work and Abuse of Rights of Prisoners ........................................................ 38
4.4.6.2 Prisoners Earning Scheme ........................................................................................ 38
4.4.7 Prison Officers’ Training in Relation to Reformation and Rehabilitation of Offenders
............................................................................................................................................... 39
4.4.8 Communication with the Outside World by Prisoners ................................................ 40
4.4.9 Separation and Categorization of Prisoners ................................................................. 40
4.5 Conclusion .......................................................................................................................... 41
CHAPTER FIVE .......................................................................................................................... 42
CONCLUSION AND RECOMMENDATIONS ......................................................................... 42
5.1 INTRODUCTION .............................................................................................................. 42
5.2 RECOMMENDATIONS .................................................................................................... 42
5.3 CONCLUSION ................................................................................................................... 44
SELECTED BIBLIOGRAPHY .................................................................................................... 45
APPENDICES .............................................................................................................................. 52
Appendix A (Questionnaire for Prison Officers) ...................................................................... 52
Appendix B (Questionnaire for N.G.Os) .................................................................................. 54
Appendix C (Questionnaire for Ex-prisoners) .......................................................................... 56
Appendix D (Questionnaire for General Public) ...................................................................... 58
1
CHAPTER ONE
GENERAL INTRODUCTION AND BACKGROUND TO THE STUDY
1.1 INTRODUCTION
Traditionally, prisons were conceived to be places where social deviants were detained in order
to protect society's harmony and preserve the rights and dignity of others. The common attitude
was 'lock them up and throw away the keys'. Prisons were regarded as torture facilities,
subjecting offenders to hard labor and other kinds of punishments like corporal punishment1. The
role of prisons was thus limited to retribution, deterrence and incapacitation of the offender, and
prevention of crime by long periods of imprisonment.
However, the modern trends indicate that prisons play a multifaceted role in, reformation and
rehabilitation of prisoners. Internationally, there has been an increasing concern about the need
to use prisons, not as punitive, deterrent and retributive institutions, but, as places for the
reformation and rehabilitation of offenders to reduce crime rate and recidivism2. The United
Nations Standard Minimum Rules for the Treatment of Offenders3 hereinafter called Standard
Minimum Rules provide that prison education, religion, work and treatment are some of the
ways through which prisons can be used to reform and rehabilitate offenders.
In Uganda, there seem to be only three broad categories of penalties under the penal laws, thus,
fines, imprisonment and capital punishment. Since few convicts can afford to pay fines,
imprisonment is the main sentence to those convicted of crimes, for minor or serious offenses4.
Most penal statutes in Uganda like the Penal Code provide for imprisonment as the sentence to
those convicted. This, therefore, shows that there is more use of prisons to deal with offenders
than any other forms of punishments.
1Birungi Charles, “Community Service in Uganda as an Alternative to Imprisonment: A Case Study of Masaka and
Mukono Districts”, Thesis Submitted in Partial Fulfillment of the Requirements for the MA Degree in
Development Studies, Institute for Social Development, University of Western Cape MAY 2005, pg 12 2 Standard Minimum Rules for the Treatment of Prisoners, Adopted by the First United Nations Congress on the
Prevention of Crime and Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and
Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 3 Rules 57 to 59
4Birungi Charles Ibid, pg 3
2
In Uganda, there has been a need for reformation and rehabilitation of offenders through
changing the role of prisons from being retributive to rehabilitative and reformative to reduce the
crime rate. For instance, Justice Ogoola asked the Minister of Internal Affairs, Honorable
Kirunda Kivejinja, to protect the image of the Prison Force because “prison is a place of
reformation”5. The government has introduced some programs in prisons like prison farms to
equip prisoners with farming skills6.
In addition, the Government as a response to the United Nations Standard Minimum Rules for
the Treatment of Prisoners, in 2006 enacted the Uganda Prisons Act 2006 as a step to ensure that
prisons play a rehabilitative role7. The need to use prisons to reform and rehabilitate offenders
can also be discerned from the policy of the Ministry of Internal Affairs8 and the Uganda Prisons
Act 20069 all in support for the rehabilitative role of prisons. The government has established the
Prisons Authority to handle all management activities of the Uganda Prisons Service10
. The aim
is to reduce bureaucracy in the implementation of the prison policies11
.
This shows that the government has recognized the role played by prisons in the reformation and
rehabilitation of offenders and has responded by enacting the Uganda Prisons Act 2006.
1.2 STATEMENT OF THE PROBLEM
Despite the existence of provisions in the Uganda Prisons Act 2006, aimed at reformation and
rehabilitation of offenders, the role of prisons in Uganda in the reformation and rehabilitation of
offenders is questionable especially with the increasing recidivism and crime rate in the country.
For instance, from 1998 to 2007, the crime rate increased by more than 10%12
and some of the
offenders are recidivists who have been to prison, some serving long term sentences of over
fifteen years in jail. Most offenders released from prison commit either the same offences with
5 Kasozi Ephraim, “Kivejinja to Head Prisons Authority”, Daily Monitor, 16 June 2009.
6 Government to promote prison agriculture, available at,
http://www.ugpulse.com/articles/daily/news.asp?about=Government+to+promote+Prison%92s+agriculture&ID=12
524 (accessed on 18th
February 2010) 7 Justice Law and Order Sector, (JLOS) Progress Report Presented to the Twelfth Joint Government of
Uganda/ Donor Review, June 2007 8 Republic of Uganda, Ministry of Internal Affairs, Ministerial Policy Statement Report For the Financial
Year 2009/2010, read in Parliament by Kirunda Kivejinja A.M., 3rd
Deputy Prime Minister and Minister of Internal
Affairs Uganda available at www.mia.go.ug (accessed on 10th
April 2010) 9 Section 4 gives the Fuctions of U.P.S which include reformation and rehabilitation of prisoners.
10 Kasozi Ephraim, “Kivejinja to Head Prisons Authority”, Daily Monitor, 16
th June 2009.
11ibid
12 Justice Law and Order Sector, Census of Prisoners in 48 Central Government Prisons Report, 30
th Sept. 2007
3
which they were previously charged and sentenced to prison or commit more heinous crimes13
.
The rate of re-offending and recidivism in Uganda in 2007 was at 43%14
, a sign that offenders in
prisons are not effectively reformed. Moreover, there have been reports in the media of increased
prison offenses among prisoners, for example, inter alia; homosexuality15
, drug abuse and
violence16
. This brings to question the role of prisons in reforming prisoners. The high level of
recidivism has made some commentators to suggest alternative punishments to imprisonment,
especially, in dealing with young offenders because prisons have not effectively reformed
offenders17
. This shows that despite the many offenders sentenced to long sentences of
imprisonment, prisons have not reformed them to prevent them from committing further crimes.
Therefore it is the above shortcomings that necessitated this research.
1.3 METHODOLOGY
In conducting this research, both secondary and primary methods were used to collect data.
1.3.1 Primary methods
a) Interview
During this research, data was collected by interviewing ex-prisoners from Luzira Prison,
prisoners in Kirinya Prison in Jinja District, prison wardens and officers from Kirinya prison,
R.P.C South Eastern Region and the Assistant Commissioners for Prisons at U.P.S. This was to
find out how prison programs have helped to reform the prisoners and the short comings
hindering reformation and rehabilitation of prisoners in Uganda and their recommendations on
how obliterate the short comings.
b) Key Informants Interview
In conducting this research, heads and members of various Non-Governmental Organizations
like Prison Fellowship Uganda and officers of U.P.S were consulted to provide relevant
13
Justice Law and Order Sector, (JLOS) Progress Report Presented to the Twelfth Joint Government of
Uganda/ Donor Review, June 2007 14
ibid 15
Ultimate media, Uganda People News: Prison authorities hunt sodomites, Wednesday 9th
Dec.2009, available at
http://www.ugpulse.com/articles/daily/news (accessed on 19th March 2010) 16
Mambule Ali and Dismus Buregyeya, “3 inmates die in Masaka prison riot”, The New vision, Wednesday, 14th
April, 2010 17
Bulugiire Ronald, “Juveniles need productive work not remand homes”, Daily Monitor, 20th Sept. 2009
4
information concerning rehabilitation and reformation of offenders. For instance, at the Uganda
Prisons Service, the Key Informants were; the Assistant Commissioner of Prisons (Welfare and
Rehabilitation), the Principal Officer (Welfare and Rehabilitation), and Senior Superintendent of
Prisons (S.S.P). This helped to provide up to date information concerning the prisons such as;
the programs under implementation, future prospects and programs, challenges to the Prisons
Authority in the rehabilitation and reformation of prisoners.
c) Observation
In carrying out this research, observation as a tool of data collection was employed in observing
the facilities and condition of prisoners in Luzira Prison and Kirinya Prison to see if they are
sufficient for the proper implementation of the reformative and rehabilitative programs of the
Uganda Prison Service. The things that were observed included; the reformatory programs like
prison agriculture, industries, and education facilities, the categorizations of prisoners that exist
in prison and the treatment facilities. This helped in identifying the preparation that prisoners go
through before their release and whether they are effective to reform and rehabilitate them.
d) Questionnaire
Questionnaires were distributed to ex-prisoners, prison officers, community members and Non-
Governmental Organizations that deal with the welfare of prisoners like Prison Fellow Uganda,
Mission After Custody. This helped in identifying; how ex-prisoners are helped to cope with
after release conditions, the rate of recidivism, how the community perceives the role of prisons
in changing the behaviors of offenders while in prison and the mechanisms that exist to ensure
that the prison policy of reformation and rehabilitation of prisoners is implemented. Sample
copies of questionnaires are attached hereto at page 52.
1.3.2 Secondary Methods
a) Library search
Various libraries were visited to find books relevant to this research. The libraries visited
include; Makerere University Library, University of Dar es Salaam Library and Uganda Human
Rights Commission Library, Kampala. These libraries have various Commission Reports that
contain relevant data about prisons, textbooks, research papers, dissertations and case law reports
which were relevant to this research especially for the theoretical part.
5
b) Internet search
The internet was used to access information from various web sites like the Uganda Prisons
Service web site, Ministry of Internal Affairs Ministry, and websites of foreign jurisdictions.
These sites contain various annual reports that contain up to date data about prison population,
prison reforms and other prison programs that would be otherwise hard to get directly.
1.4 HYPOTHESES
This research proceeded under the following hypotheses;
First, some of the existing provisions in the Uganda Prison Act are weak and in conflict with the
prison policy of reformation and rehabilitation of offenders and other penal laws.
Second, there is weak implementation and follow up of the prison rehabilitative and reformative
programs.
Third, there is inadequate and inappropriate prison staff training and skills in dealing with
prisoners to ensure that they are effectively reformed and rehabilitated.
1.5 OBJECTIVES AND SIGNIFICANCE
To discover role played by prisons in Uganda in the reduction of crime rate and recidivism by
reforming and rehabilitating prisoners under incarceration and whether the existing laws are
effective to enable the reformation and rehabilitation of prisoners.
To change the general perception of the community about the role of prisons from being purely
retributive institutions to reformative and rehabilitative institutions.
To influence the amendment to the Uganda Prisons Act and other laws to bring them into
conformity with the U.P.S policy of reformation and rehabilitation of prisoners.
1.6 CONSTRAINTS OF THE STUDY
This research was intended to cover prisoners, ex-prisoners and officers from Luzira prison but
following the 11th
July 2010 terrorists bombing in Kampala, the suspects were remanded to
Luzira prison and it is where their trial was being conducted up to the time of this research. So
access to prisoners and officers in Luzira prison was denied to researchers for security reasons.
The researcher thus relied on information from ex-prisoners from Luzira, media reports
6
corroborated by U.P.S officials, previous visits to Luzira and on information from officials and
prisoners of Kirinya prison in Jinja district upon authorization from the R.P.C South Eastern
Region as a way of filling the information gap of prisoners and officers from Luzira prison.
1.7 LITERATURE REVIEW
There are is a lot of literature discussing the role of prisons in the reformation and rehabilitation
of prisoners. However, literature specific to Uganda is limited and most of the existing literature
does not discuss specifically the law relating to reformation and rehabilitation of prisoners. This
makes the current research necessary. Below is a survey of some of the existing literature.
Samaha Joel18
discusses the correctional facilities and programs that should exist in a prison if
prisons are to help in reformation and rehabilitation of prisoners. These include prison work.
Prisoners should be given time to work to kill boredom in the prisons due to separation with
family members, provide meaningful activity and defray expenses incurred in keeping prisoners
idle. There should be education and job training in various technical fields to enable them get
skills from which they can earn a living after release thus limiting their chances of reverting to
crime. The prison staff should be trained in order to facilitate the rehabilitation of prisoners. This
work is relevant to this research though it is focus on United States of America and does not deal
much with the law on reformation of prisoners.
Siegel Larry, J.,19
analyses the role of correctional treatment in the rehabilitation of offenders.
Treatment has the importance of preparing inmates for integration into the community. If well
treated there will be less relapse into crimes associated with mental instability. This treatment
goes hand in hand with counseling of offenders about the risks involved in criminality.
Schmalleger Frank20
opines that prisons help in the reduction of crime rate and recidivism by
reforming and rehabilitating prisoners. This is through prison work, treatment and counseling of
inmates with mental problems, providing recreational facilities to keep inmates occupied and
reducing boredom. Prisoners should also be allowed a regulated interaction with family
members to keep the family link. This can be useful if implemented by Uganda Prisons Service.
18
Samaha Joel, Criminal Justice, Second Edition, West Publishing Co. Los Angeles, 1991 19
Siegel Larry, J., Criminology, 8th
Edition, Thomson Wadworth, University of Massachusetts, 2003 20
Schmalleger Frank, Criminal Justice Today: An Introductory Text for the Twenty-First Century, Prentice
Hall Inc, Engle Wood Cliffs, New Jersey, 1991
7
Adler Freda et al21
discuss the importance of protection of human rights for prisoners towards
rehabilitation and reformation of offenders. Effective rehabilitation and reformation of offenders
in prison can only be achieved if the basic rights of prisoners are respected. It is hard to reform
offenders if they are subjected to torture and other inhuman treatments. Prisoners should be
given right to access their families, freedom from torture, inhuman and degrading punishment.
This makes this work important to this study, because the problem of abuse of prisoners’ rights
is common in media reports in Uganda, though it discusses less the law on prisoners’ rights.
Wrobleski Henry, M., and Hess Kalen, M.,22
discuss the idea of separate detention facilities for
juveniles in the reformation and rehabilitation of juvenile offenders. Detention of juveniles
should not be in adult prisons because it ruins their reformation. This is because they can easily
learn criminal behaviors from the adult offenders. These ideas if adopted in Uganda can be
helpful in reformation of juveniles thus making this work relevant to this research.
According to Harr Scott, J., and Hess Karen, M.,23
in order to reform and rehabilitate prisoners,
correctional programs should not infringe their rights. Prison work should not be a punishment;
hard labor is a form of cruel punishment which affects effective reformation of offenders. Forced
prison labor is also common in Uganda, thus making this work relevant though it focuses on
United States of America and does not deal with the law on reformation of prisoners.
Senna Joseph, J., and Larry Siegel, J.,24
discuss some problems that hinder effective reformation
of prisoners. Most prisons are overcrowded, have limited facilities like outdated buildings that
are fit for human outcasts of society than for rehabilitation and treatment of offenders. Weak and
uncoordinated laws to ensure implementation of rehabilitation programs also hinder reformation.
These weaknesses also exist in Uganda, thus the relevance of this work to this research.
Inciardi James, A.,25
argues that separating prisoners into individual cells reduces recidivism by
eliminating the evil association in congregate prison quarters between recidivists and first
21
Adler Freda et al, Criminal Justice: The Core, Mc Graw Hill Companies Inc, Newyork, 1996. 22
Wrobleski Henry, M., and Hess Kalen, M., Introduction to Law Enforcement and Criminal Justice, 3rd
Edition, West Publishing House, New York 1990 23
Harr Scott, J., and Hess Kalen, M., Constitutional Law and the Criminal Justice System, 3rd
Edn, Thomson
Wadsworth, United States of America, 2005 24
Senna Joseph, J., and. Siegel Larry, J., Introduction to Criminal Justice, 5th
Edn, West Publishing Co., New
York, 1990 25
Inciardi James, A., Criminal Justice, 2nd
Edition, Harcourt Brace Jovanovich, 1987
8
offenders. It gives the convict opportunity to contemplate the evils of his past life, thereby
leading him to resolve ‘in the spiritual presence of his maker’ to reform his future conduct. It
invites self-reproach in solitude. It is also easy to administer the prisoners in isolation than in one
congested confinement.
Cole George, F.,26
asserts that the goal of rehabilitation is restoring a convicted offender to a
constructive place in society through some form of vocational, educational or therapeutic
treatment. This is the modern justification for the use of the criminal sanction. Because
rehabilitation is oriented solely towards the offender, no relationship can be maintained between
the severity of the punishment and the gravity of the crime. Offenders are in need of treatment
and not punishment, so they should only remain in custody until they are cured. To achieve the
goal of rehabilitation, there has to be legislative responsibility in support of the same.
According to Newman Donald, J., and Anderson Patrick, R.,27
prisons are a place for the
rehabilitation of offenders. It is where clinical, vocational and spiritual help could turn the
criminal into a law-abiding citizen. Therefore, the prison staff should be made up of persons
trained in psychology, sociology and rehabilitative sciences such as social work.
Cid Jose28
suggests that prison sanctions do not reduce recidivism more effectively than
suspended sentences; however, the risk of recidivism increases when the offender is imprisoned.
In order to reduce recidivism it seems reasonable to replace prison with non-custodial sentences;
this is especially important when the offender has no previous experience of imprisonment.
However, the author does not discuss what can be done for prisons to reform and rehabilitate
offenders before reverting to alternatives to imprisonment. Thus, this research is necessary.
Reidy Thomas, J., et al29
analyze the impact of the life imprisonment no inmates. Most inmates
resort to violence while serving life sentence due to lack of hope for release. Thus, it is important
26
Cole George, F., The American System of Criminal Justice, 5th
Edition, Brooks/ Cole Publishing Company,
California, 1989 27
Newman Donald, J., and Anderson Patrick, R., Introduction to Criminal Justice, 4th
Edition, Randon House Inc.
New York, 1989 28
Cid Jose “Is imprisonment criminogenic?: A comparative study of recidivism rates between prison and suspended
prison sanctions”, European Journal of Criminology, (2009) available at http://www.pfi.org/cjr/human-rights-
documents/imprisonmentcriminogenic (9th January 2010) 29
Reidy Thomas, J., et al, “From Death to Life: Prison Behavior of Former Death Row Inmates in Indiana”,
Criminal Justice and Criminal Behavior, An International Journal, Vol. 28, No.1 February 2001, Pages 62 to
82.
9
to define life imprisonment not as imprisonment for “whole life” but giving a possibility of
release in order to allow reformation of prisoners serving life sentences. The meaning of life
imprisonment has caused controversy in the judiciary in Uganda especially with the Act limiting
it to 20 years then the prisoner is fit for release on remission. Some judges oppose this limitation.
Wormith Stephen, J., and Mark Oliver, E.,30
are of the view that effective rehabilitation of
offenders, especially those with mental problems, depends on the efficient treatment of the
mental illness. If treatment is not completed, the chances of recidivism are very high as
compared to those who have finished the treatment. Therefore, there should be a mechanism in
the prisons to enable the prison officers to ensure that all prisoners get effective and complete
treatment to reduce the chances of recidivism.
Ddamulira31
discusses the constitutionality of “whole life” life imprisonment under the Namibian
Criminal Procedure Code 2004 and its impact on the reformation and rehabilitation of prisoners.
He compares this to the meaning of life imprisonment under the Uganda Prisons Act 2006. He
argues that life imprisonment should have a possibility for an earlier release. This gives prisoners
the hope of earlier release through remission which is a spring board for their reformation and
rehabilitation. Thus, to the extent that this work discusses remission under the Uganda Prisons
Act 2006, it is relevant to this study though he focuses on Namibia.
Ddamulira32
analyses the different interpretations that have been accorded to remission of prison
sentence under the Prisons Act by courts in Uganda. He argues that courts should interpret life
sentence to mean imprisonment up to a maximum of 20 years as contained under the Prisons Act
2006 Section 86 (3). This is because if life imprisonment does not provide room for remission,
prisoners will not see the need to get reformed because they will remain in prison anyway. This
article is useful to this study because there should be a settled position as to the meaning of life
imprisonment in order to allow remission of prison sentence to enhance prisoners’ rehabilitation.
30
Wormith Stephen, J., and Mark Oliver, E., “Offender Treatment Attrition and its Relationship with Risk,
Responsibility and Recidivism”, Criminal Justice and Criminal Behavior, An International Journal, Vol.29
No.4, August 2002. 31
Ddamulira Mujuzi Jamal, “The Constitutionality of Different Types of Life Imprisonment Suggested in the
Criminal Procedure Act 2004” Namibia Law Journal, Volume 2 Issue 2, July 2010, Pages 111 to 120 32
Ddamulira Mujuzi Jamal, “Why the Supreme Court of Uganda Should Reject the Constitutional Court’s
Understanding of Imprisonment for Life?” African Human Rights Journal, Volume 8 Issue 163 2008, Pages 180
to 185.
10
Birungi Charles33
argues that relying on prisons to punish offenders can lead to hardening of
offenders where young offenders are put in the same prison cells with recidivists. Imprisonment
results into a high prison population, causing overcrowding. It is because of the above problems
of using prisons as the only measure in dealing with offenders that she recommends the
introduction of alternatives to imprisonment like, community service to reform and rehabilitate
offenders. This has the impact of reducing the level of recidivism and the general crime rate in
the country. However, the author does not discuss how prisons can be used to reform and
rehabilitate offenders and how the laws in Uganda, especially the Prisons Act 2006, have
enhanced the reformation and rehabilitation of offenders, which is the focus of this study.
Masamba34
analyses the objectives of the Uganda Prisons Act 2006, which are social
rehabilitation and social reintegration of prisoners as per Section 4 of the Act. The programme of
Social Rehabilitation and Reintegration of offenders in society through the “From Prison Back
Home” project enables the Uganda Prison Service to get the involvement of local communities
and change peoples’ negative perception towards prisoners and the role of prisons. These include
members from where the prisoners come, including; the prisoners themselves, the victims and
their relatives, the neighbours, the local authorities, and the prisons officers facilitates
reintegration after release of prisoners. Prisons staff should be exposed to notions of; social
control, social reaction towards prisoners' conduct to facilitate reformation of prisoners.
Kinemo Ross, E.J.,35
though limits her discussion to Tanzania, analyses Tanzania's penal policy
in relation to reformation and rehabilitation of offenders. She asserts that reformation and
rehabilitation of prisoners is frustrated by the death penalty, excessively long periods of
imprisonment, prescribed for under the Minimum Sentences Act and corporal punishment. It is
hard to reform offenders by subjecting them to corporal punishment which is inhuman treatment.
Long periods of imprisonment under the Minimum Sentences Act and the death penalty under
the Penal Code frustrate the reformation of offenders because the prisoners’ hopes of returning to
33 Birungi Charles, Op.cit
34 Masamba Sita, N., “The Uganda Prisons Act 2006: Implementation Framework and Emerging Opportunities”, a
Paper Presented at the National Prison Reform Conference, with the topic, Implementation of the Prisons Act,
2006: Challenges and Opportunities, from 16 – 18 March 2008, available at,
http://www.docstoc.com/docs/5756592/THE-UGANDA-PRISONS-ACT-2006, (accessed 27th
Feb. 2010).
35Kinemo Ross E.J., “Contemporary Tanzanian Penal Policy: A Critical Analysis”, A Paper Presented at the Crime
Conference, Organized by the British Institute in East Africa at Naivasha Kenya, (Undated Paper) available at
www.tzonline.org/pdf/contemporarytanzanianpenalpolicy.pdf (Last accessed on 13th July 2010)
11
society are almost shuttered. This work is important because most of the legal challenges under
the Tanzanian penal legal regime exist in Uganda thus inhibiting prisoner’s reformation.
According to Lundeby Hilde36
, respecting the prisoners’ rights is the basis for the rehabilitation
of the convicts. These fundamental rights should be manifested in the treatment of prisoners. The
best guarantee to secure the rights of the prisoners and to prevent recidivism through making
inmates take responsibility of their lives and change their criminal behavior is the quality of the
core personnel in the prisons, the prison staff. They have to be taught the difficult task of
combining different goals in their work with inmates. The problem of disregard of prisoners’
rights is also common in Uganda, making this article relevant to this research, though it
concentrates only on Moldova’s Criminal Justice System.
The Report of the Justice, Law and Order Sector37
discusses the impact of key institutions
(including prisons) in efficient justice delivery and reduction of the level of crime. This includes
use of prison reformative and rehabilitative programmes like; prisoners’ training in industrial
skills, agriculture and prison education. The challenges to effective reformation and
rehabilitation of prisoners are; inadequate legislation, institutional resources that constrain
capacity and attitudinal barriers to change and a high re-offending behaviour.
The Prison Census Report 200738
discusses the causes of the ever increasing prison population in
Uganda which among others include high level of recidivism. As some of the solutions to the
eradication of the high prison population, the report suggests compliance with the constitutional
minimum length for remand prisoners and reformation and rehabilitation of prisoners. This
report is relevant to this research because of overcrowding is one of the problems hindering
implementation of prison programs like categorization of prisoners. However, the report does not
discuss the legal challenges to reformation and rehabilitation of prisoners, which is part of the
focus of this research.
36
Hilde Lindeby, “Moldova’s Criminal Policy in the Transition to European Standards”, Conference on
Criminology, Held on 8th
April 2008, in Palatul Republicii, Chisinau, organized by the Ministry of Justice of the
Republic of Moldova, the General Prosecutor of the Republic of Moldova, Institutul de Reforme Penale and the
Norwegian Mission of Rule of Law Advisers to Moldova available at
www.norlam.md/docs/ArneGunnar_adversarial_final_en.doc (Last accessed on 26th
June 2010) 37 Justice, Law and Order Sector (JLOS), Strategic Investment Plan II 2006/7-2010/11, Consolidating Gains and
Enhancing Impact, Final Draft August 2006. 38
Law Justice and Order Sector, Census of Prisoners in 48 CentralGovernment Prisons, 30thSeptember, 2007.
12
CHAPTER TWO
THE PURPOSE OF IMPRISONMENT AS A PUNISHMENT TO OFFENDERS
2.1 Introduction
Imprisonment can be defined as the detention of a person, controlling and restricting his
movements for a certain period of time for a breach of the law or for deviance from acceptable
norms of that area. This is always in a place of confinement specifically designed for that
purpose, called a prison39
. Imprisonment is normally pronounced by courts upon a person
convicted of a crime.40
The objectives of imprisonment as a form of punishment for delinquents
have been changing throughout history. The major objectives are; protection of society,
deterrence of potential offenders, retribution, and reformation and rehabilitation of offenders.
2.2 Prevention of Crime and Protection of Society
If a person is imprisoned, he will not have access to commission of crime and society will be
protected from his criminal behavior. This theory emphasizes solitary confinement so as to deny
the criminal a chance to commit more crimes41
. This theory was advanced by Sutherland who
realized the need of removing social and economic forces that induce delinquency and
commission of crime by focusing on the individual who shows potentialities of anti-social
behavior. Imprisonment incapacitates the criminal because he is put under strict control to make
him unable to commit more crimes42
. This brings peace and stability in the community due to
reduced crime commission. In Kalibobo Jackson versus Uganda43
the Court of Appeal held that
prevalence of a crime in the area should be considered alongside the other circumstances of the
particular offence. If the crime rate is high, there is need to protect the society by imposing long
prison sentences on offenders. However, the reliance on prisons to prevent crime by confinement
of offenders is expensive in terms of their maintenance on state resources due to over congestion.
39
Charles Birungi, Op cit pg. 46 40
Ibid pg 46 41
Munakukaama Nsereko, J., The Treatment of Prisoners in Africa, Chapter 30, available at
http://www.crvp.org/book/Series02/II-10/chapter-30.htm (accessed on 19.11.2010) 42
Bottoms, A., “The Aims of Imprisonment”, in Garland, D., (Editor), Justice, Guilt and Forgiveness in the Penal
System, Edinburgh, University of Edinburgh, 1990, pg 62 43
Criminal Appeal No 45 of 2001, Court of Appeal (Unreported)
13
This calls for the need to use prisons to reform and rehabilitate offenders and shift from the
preventive approach.
2.3 Deterrence
Deterrence is the use of punishment to prevent the offender and other community members from
committing crimes44
. Cesare Beccaria argued that human behavior can be influenced by variation
in punishment and, called for general prevention of crime through intimidation or deterrence and
asserted that to be just, punishment should not exceed that degree of intensity which will deter
others from crime45
. Imprisonment, first, deters the individual offender who, because of having
been to prison, will reflect on his criminal background and will refrain from committing further
crime46
. Secondly, the prisoner serves as an example to others who harbor criminal intentions to
abandon them47
. In the Tanzanian case of Thomas Mjengi versus Republic48
Mwalusanya J.49
held inter alia that; punishment for criminal offences serves in deterrence, both of the criminal
himself (special deterrence) and also of society at large (general deterrence). For these reasons, it
is argued, for prisons to be deterrent, the conditions therein should be such that no one would
ever want to return to prison. This has raised human rights concerns, leading to the slogan, “a
prisoner is sent to prison as a punishment and not for punishment”50
. This means that
imprisonment is a punishment which can achieve the aims of any other punishment and thus any
additional punishment accompanying it is adjudged inhuman treatment.
2.4 Retribution
This means revenge against the offender. Imprisonment is viewed as satisfying the hopes of the
victims of crime by keeping the offenders in confinement. It is believed that a criminal deserves
44
Caldwell, R., Criminology, Ronald Press Company, New York, 1965 pg 281 45
Ddamulira Jamil Mujuzi, “Life Imprisonment in International Criminal Tribunals and Selected African
Jurisdictions-Mauritius, South Africa and Uganda”, A Thesis Submitted in Fulfillment of the Requirements for
the Award of the Degree of Doctor of Laws, Faculty of Law of the University of the Western Cape, South Africa,
13th
May 2009, page 68 46
Bruce Jacobs, A., “Deterrence And Deterrability”, Criminology Journal, Volume 48 Number 2 2010 (Pages 417
to 441) pg 418 47
Charles David Phillips et al, “The Deterrent Effect of Incarceration”, Sage Criminal Justice System Annuals
Volume 19, SAGE Publications, 1983 Pages 237-263 pg 249 48
[1992] T L R 157 49
Quoting Slattery Brian, A Handbook on Sentencing in Tanzania, East Africa Literature Bureau, 1972, Pg 27 50
See Rule 57 of the United Nations Standard Minimum Rules for Treatment of Offenders
14
to suffer because he has broken the law and hurt some someone else51
. This theory finds support
from Sir James Stephen’s argument that; the criminal law stands in the passion of revenge in
much the same relation marriage is to sexual appetite52
. Through pain the offender pays the debt
owed to the society. If this is not done, it is likely that those who obey the law will feel cheated
and may also be demoralized in their obedience and develop criminal attitudes53
. Therefore
retribution through long prison sentences helps to maintain the public sense of justice.
The more heinous the crime committed the longer the prison sentence54
. There is no need for
giving consideration to mitigating factors in sentencing. Instead, emphasis is placed on gravity of
the crime and harm suffered by the victim. Thus the idea of “punishment should fit the offence
and not the offender”. In Yanus Wanaba versus Uganda55
the Court of Appeal held that there is
need always to tailor the sentence to fit the crime. This shows the retributive view held by courts.
2.5 Reformation and Rehabilitation
Reformation and rehabilitation of prisoners can be defined as the abandonment of criminal
behavior by a prisoner after being subjected to prison programs designed specifically for that
purpose. The two terms are almost synonymous but, rehabilitation is more of a direct
intervention by prison authorities, for instance through treatment, while reformation is more
inclined towards an indirect role of the prison authorities through for instance, education,
religion, work, among others, which gives the prisoner chance to reconsider his criminal deeds56
.
This is a result of the influence human rights law on penology. It is now desirable to treat
prisoners from a humane stand to enable them to be reformed and rehabilitated. It is argued, if
reformation and rehabilitation of prisoners is to be realized, their rights have to be respected57
.
51
Tomasic, R., and Dobinson, I., The Failure of Imprisonment, George Allen and Urwin Pty Ltd, Australia, 1979
pg 173 52
Toby Jackson, “Is Punishment Necessary?”, The Journal of Criminal Law, Criminology and Police Science,
Volume 55, Number 533, 1964 at pg. 379 53
Ibid pg 379 54
Quinney, R., Criminology, Second Edition, Toronto: Little, Brown and Company, 1979 pg 208. 55
Criminal Appeal No 156 of 2001 in the Court of Appeal (Unreported) 56
Duguit Stephen, Can Prisons Work? The Prisoner as Object and Subject in Modern Correction, University
of Toronto Press, Toronto, 2000, pg 73 57
Nkirote Rodha Igweta, “The African Commission on Human and Peoples’ Rights and the Promotion and
Protection of Prisoners’ Rights: An Analysis” Dissertation Submitted in Partial Fulfillment of the Requirements
of Degree of Master of Laws, Faculty of Law, University of Western Cape South African, November 2008, pg 18.
15
Plato argues that he who punishes rightly punishes justly, justice is noble, nobility is good and
therefore either pleasure or usefulness. Since punishment does not give pleasure, it must be
useful. If punishment is not useful, then it would not be just and thus everything useless in
punishment should be avoided. This has been advanced as one of the basis of the reformative
approach to punishment and imprisonment in particular58
.
The theories that criminality is hereditary and the Lombrosian doctrine that criminals have
certain body features have been jettisoned from modern penological conceptions59
. It is accepted
that criminality is a product of human society and environment and nobody is born a criminal
thus abandoning punitive methods of dealing with offenders and other forms of torture60
.
The idea under the theory of rehabilitation and reformation of offenders is not punishment should
fit the offence but, punishment should fit the offender61
. The modern concept of criminal justice is
convalescence and social rehabilitation of offenders where a prisoner must be brought to realize
that he has done wrong, and desires to do better62
.
The major objective of imprisonment is rehabilitation and reformation of offenders63
. This
started in the eighteenth century with the beginning of strong human rights movements. It
marked not only the culmination of a shift in the nature of punishment, but also in its objective
and purpose64
. The aim of punishment shifted from the body to the soul of the offender65
. It is
argued that a humanitarian, individualized treatment, classification, meaningful academic and
industrial education, intense religious instruction, and positive reinforcement and mild discipline,
58
Ten C.L., Crime Guilt and Punishment: A Philosophical Introduction, Oxford University Press New York,
1987, pg 162 59
Kyasimiire, J.K., “Crime and Punishment: A Case Study of Imprisonment in Uganda”, A Research Paper
Submitted in Partial Fulfillment of Award for a Diploma in Law, Law Development Centre, Kampala, Uganda,
1997, pg 37 60
Garland, D., Punishment and Welfare: A history of penal strategies. Gower Publishing Company. Great
Britain,1985 pg 152 61
Jacobs, J.B., New Perspectives on Prisons and Imprisonment, Cornell University Press,1983 62
Menninger, K., The Crime of Punishment, Viking, New York, 1969 pg 87 63
Etima Joseph, A. A., “Penal Reform: Enhancing Criminal Justice Reform Including Restorative Justice”,
Eleventh United Nations Congress on Crime Prevention and Criminal Justice, Bangkok, Thailand, 18th
to 25th
April 2005, retrieved from
http://www.icclr.law.ubc.ca/Publications/Reports/11_un/Etima%20PENAL%20REFORM.pdf (28/01/2011) 64
Marsden Mary Ellien and Orsagh Thomas, “Prison Effectiveness Measurement” Sage Criminal Justice Annuals
Volume 19, SAGE Publications 1983 pg 218 (Pages 211-235) 65
Foucault, M., Discipline and Punish: Birth of the Prison, Pantheon, New York, 1977 pg 94
16
are a means of fostering rehabilitation and reformation66
. This finds support from international
instruments like the International Covenant on Civil and Political Rights67
especially Article 10
(3) which provides inter alia thus; the prison system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and rehabilitation. It thus is incumbent upon
governments to ensure that the prisons are used to reform and rehabilitate offenders.
It is the function of penal institutions to reform and return the offenders to society as law-abiding
citizens by training prisoners in the different skills for rehabilitation68
. Therefore, as Rule 6169
provides, correctional personnel in prisons should put emphasis on non exclusion from the
community, but, on prisoners continuing being part of the community to which they will return70
.
Reintegration programme in correctional institutions are a cornerstone in the rehabilitation
processes71
. This is in accord with Rule 7972
which advocates fostering of social relations and
prison after care services of offenders and members of the family. This process should not be
limited to prisons. All criminal justice institutions should coordinate and rhyme the reformation
and rehabilitation of prisoners. This includes, especially, the police, courts and prisons.
2.5.1 The Role of Courts in the Reformation of Offenders
Sentences of courts of law to convicts have a direct impact on their reformation and
rehabilitation73
. Therefore, if the objectives and functions of the Uganda Prisons Service are to
be realized, the courts of law in imposing sentences, especially imprisonment, have to bear in
mind need for reformation and rehabilitation of offenders74
.
Reformation and rehabilitation of the offenders should be considered by courts as one of the
factors when imposing sentences especially imprisonment75
. In the case of Sebuliba Haruna
66
Pisciotta,W., Scientific Reform: The New Penology, Elmira, U.S.A, 1983 pg 119 67
General Assembly Resolution 2200 A (XX1), 21 U.N GAOR Supp. (No. 16) 52, U.N. Doc A J6316 (1967),
adopted by the United Nations General Assembly on December 16, 1966, and came into force from March 23, 1976 68
Ministry of Internal Affairs, Uganda Prisons Service Reintegration Project Report, 2007 page 12 69
United Nations Standard Minimum Rules for Treatment of Offenders 70
Tanimu Bashir, “Nigeria Convicts and Prison Rehabilitation Ideals” Journal of Sustainable Development in
Africa, Volume 12 Number 3, 2010 71
Uganda Prisons Service, Report for Project on Rehabilitation of Prisoners in Uganda, 2006, pg 20 72
United Nations Standard Minimum Rules for Treatment of Offenders 73
Douglas Brown, Criminal Procedure in Uganda and Kenya, East Africa Publishing House 1965, p104 74
Ayume Francis, J., Criminal Procedure and Law in Uganda, Longman Kenya Ltd, Nairobi, 1986 at p153 75
Green Donald, P., and Daniel Winik, “Using Random Judge Assignments to Estimate the Effects of Incarceration
and Probation On Recidivism among Drug Offenders” Criminology Journal, Volume 48 Number 2, 2010 (Pages
357 to 387) pg 359
17
versus Uganda76
the Court of Appeal stated that…we wish to point out that reformation of the
offender is one of the aims of sentencing which a trial judge should take into account when
passing sentence. Thus, if reformation and rehabilitation of offenders are to be realized, there
should be principles to guide the courts in sentencing. These include, among others, the age of
the offender, possibility of reformation, remorseful nature of the offender and recidivism.
a) Age of the Offender
Usually, if the offender is a young person courts do not impose a long prison sentence due to fear
of making them hardened offenders as was held in Kabatera Steven versus Uganda77
by the
Court of Appeal that; the appellant was a young offender and a long period of prison would not
reform him. This shows that the courts consider the impact of imprisonment on young offenders
and will hastate sending a young person to prison. This shows judicial activism to ensure that
prisons are used to rehabilitate and reform offenders other than “stock piling” them in prison.
b) Remorsefulness and Possibility of Getting Reformed
If the offender shows signs of getting reformed and he is remorse as to his crime, the general
trend of court decisions is that efficacy should be given to the possibility of reformation. In the
case of Kiisa Henry Bairukanga versus Uganda78
the Court of Appeal stated that since the
appellant showed remorse, twelve years imprisonment for manslaughter should be reduced to
seven years imprisonment because remorse is a sign that the appellant is amenable to reformation
and rehabilitation while in prison.
c) Recidivism
If the offender is a habitual offender, the courts always take a hard stance and, in the case of
imprisonment, give longer sentences. This is because recidivism is a sign that the offender is not
amenable to reformation and rehabilitation. The only way to secure community from crime is by
sentencing him to a long period of imprisonment. In the case of Wilberforce Kakara versus
Uganda79
, the accused spent ten years in prison for defilement. Upon release he committed the
76
Criminal Appeal No. 54 of 2002, Court of Appeal (Unreported) 77
Criminal Appeal No. 123 of 2001, Court of Appeal (Unreported) 78
Criminal Appeal No 8 of 2003, Court of Appeal (Unreported) 79
High Court of Uganda at Masindi, Ocan J., Criminal Cause Number 09 of 2009 (Unreported)
18
same offence by defiling of his five year old grand-daughter. Ocan J. held inter alia that; “You
are a great danger to girls in this community…this is worse than an animal act and you must be
sentenced to 25 years in prison because the period previously spent in prison did not reform
you”. Thus in sentencing courts consider the criminal record of the offender to tailor a sentence
that will enable one to get reformed. If a person is a first offender courts prefer to keep him out
of prison than when one is a recidivist. In Tabu Fikwa versus Republic80
, Samatta J. held inter
alia that the court should seriously consider alternative punishments before sending a first
offender to prison. Thus first offenders should be kept out of prison because it is more desirable
for recidivists’ reformation.
d) The Need for Easy Reintegration with Society after Imprisonment
Courts usually impose a prison sentence that will make it easy for the offender to return to
society. Thus shorter sentences are ideal if the offence committed is not grave. In the case of
Kalibobo Jackson versus Uganda81
the court of appeal observed inter alia that; the appellant has
a family and 17 years in prison will make it hard for his reintegration with the family members.
Thus the sentence of 17 years was reduced to 7 years for the offence of rape by a 70 year old
man. This was important because 17 years in prison would make it hard for the convict to be
reintegrated with his family and the community after release thus inhibiting reformation.
2.6 Conclusion
From the foregoing discussion, it is clear that the modern penological thinking about the purpose
of imprisonment and punishment generally is dominated by the idea of the use of prisons to
reform and rehabilitate prisoners so as to reduce recidivism. This is partly as a result of the
influence of human rights which favour control of crime from a more humane approach as
opposed to retributive, deterrent and other utilitarian ideologies. This idea has dominated all
institutions concerned with the administration of criminal justice like courts, prisons among
others. Therefore, for reformation and rehabilitation of prisoners to be achieved governments
should strive to put in place policies and well coordinated clear legal frameworks to implement
the same.
80
[1988] TLR 48 81
Criminal Appeal Number 45 of 2001, Court of Appeal (Unreported)
19
CHAPTER THREE
A CRITICAL ANALYSIS OF THE LAW RELATING TO THE REFORMATION AND
REHABILITATION OF PRISONERS IN UGANDA
3.1 Introduction
This chapter examines the domestic laws dealing with reformation and rehabilitation of prisoners
in Uganda. The chapter also discusses international instruments and legislations from other
jurisdictions relating to prisons and prisoners albeit in a concurrent manner with the domestic
laws to see whether the laws in Uganda are up to the mark set by international standards.
3.2 The Constitution of Uganda
The Constitution creates the Uganda Prisons Service under Article 215. The composition,
functions and objectives are set out in the Uganda Prisons Act. The constitution also gives the
president of Uganda powers to grant prisoners a further remission on special grounds82
. This
supplements the remission available to prisoners on good character under the Prisons Act.
Further, the constitution contains the Bill of Rights in Chapter Four83
. This is important because,
as it has been argued, in order to have realistic reformation and rehabilitation of prisoners, their
fundamental rights should be respected84
.
3.3 The Uganda Prisons Act
The Uganda Prisons Act 2006, hereinafter referred to as the Act, repeals and replaces the Prisons
Act Chapter Number 304 of 1956. The aim of replacing the 1956 Prisons Act was to have a
Prisons Act that is in line with modern penological principles on prisons and international
standards especially the United Nations Standard Minimum Rules for the Treatment of Offenders
in after called the Standard Minimum Rules85
. The Act provides among others for the functions86
82
Article 121 (4) (d) 83
For instance Article 20 (1) provides that fundamental rights and freedoms of an individual are inherent and not
granted by the state and in Article 20(2), those rights and freedoms shall be respected, upheld and promoted by all
organs and agencies of the government, which include Prisons. 84
Lundeby Hilde, op. cit pg 8 85
See the long title to the Prisons Act 2006 and Section 4 (1) 86
Under Section 5 the functions of U.P.S include inter alia, to facilitate the social rehabilitation and reformation of
prisoners through specific training and educational programmes, to facilitate the re-integration of prisoners into their
communities.
20
and objectives87
of the Uganda Prisons Service. The Act also establishes the Prisons Authority88
and provides for its functions89
. The Act contains provisions relating to reformatory and
rehabilitative programs in prisons which are discussed in detail later in this chapter.
The relationship between the Uganda Prisons Authority and the Uganda Prisons Service is that
the Uganda Prisons Authority is responsible for coming up with work programmes for, among
others, social rehabilitation and reintegration of offenders to their communities while the Uganda
Prisons Service is meant to implement, facilitate and carry out the recommendations of the
Uganda Prisons Authority concerning the management and control of Uganda prisons.
3.4 The Reformatory and Rehabilitative Programmes in Prisons under the Act
3.4.1 Categorization of Prisoners
Prisoners should be categorized in order to avoid the contact of recidivists with first offenders. If
this is not done, James90
argues that the first offenders are likely to learn criminal tendencies
from recidivists. Categorization should be based on sex, health conditions of prisoners, age of
prisoners, criminal background and type of offences committed, and the period of sentence
among others91
. The Act only addresses the separation between males and female prisoners. This
is under Section 29 of the Act. It provides that except for the purpose of work or training and
only under strict supervision, male and female prisoners shall be kept apart in separate prisons or
separate parts of the same prison so as to prevent contact between them. However, there should
be categorization based on the characteristics of prisoners stated above92
.
3.4.2 Prison Education and Vocational Training
Prisoners while in prison should not lose their right to education93
. Their time in prison can be
used to teach them how to read and write and train them in vocational skills94
. Such training can
87
Section 4 88
Section 9 (1) 89
Section 10 (1) the functions include inter alia, to advise the Government on policy matters relating to the
management, development and administration of the Service, to make programmes for social rehabilitation and
reintegration of offenders so as to enhance their ability to resettle in their communities and to develop and
administer services and programs for the purpose of counseling persons subject to non-custodial sentences. 90
Inciardi James, A., Op. cit, pg 294 91
Ibid pg 298 92
Rules 8, 67 and 68 of the Standard Minimum Rules 93
Uganda Human Rights Commission, 12th
Annual Human Rights Report, 2009, Presented to the Parliament of
the Republic of Uganda, pg 41
21
make them able to live in a law-abiding manner after release95
. Formal education makes it easy
to join tertiary institutions upon their release and, vocational training enables them to create their
own jobs and generate some income96
. The desire to effect transformation was among the
original aims of incarceration and from the outset learning was presumed to have a role in the
accomplishment of that aim and thus should form part of today’s penological studies97
.
International instruments make it clear that prisoners have the right to pursue education if they so
wish within the available resources98
. In order to prevent mental deterioration and retardation,
and to improve their level of education and development, prisoners should have access to books
and training in vocational activities99
. Education is also seen as an aid to social reintegration100
.
As far as possible, education provided in prisons should be integrated with the education system
in the community101
to enable prisoners continue with education after release. Where there are
insufficient resources, education programmes can be provided by inviting prisoners with
academic ability to teach other prisoners free of charge and under supervision102
. Vocational
training is important in rehabilitating prisoners because it equips them with skills they can use to
create their own jobs once released103
.
The Act is not elaborate on education apart from mentioning that prisoners have a right to
education104
. It is silent on the issues like the type of education, status of a prisoner released
before sitting for final examinations, source and remuneration of prison teachers, whether
education is compulsory for young prisoners and access by prisoners to books. This is derogation
from international instruments on the treatment of prisoners especially the Standard Minimum
94
Garland, D., Punishment and Welfare: A history of penal strategies. Gower Publishing Company. Great
Britain,1985 pg 129 95
Nsalasatta, D.S., “Information on the Uganda Prison Service”, The Uganda Living Law Journal, Volume1,
Number 1, June 2003, pages 128-130 96
Pisciotta,W., Scientific Reform: The New Penology, Elmira, U.S.A, 1983 pg 109 97
Ray Jones, “A Coincidence of Interests: Prison Higher Education in Massachusetts”, Journal of Prisoners on
Prisons, Volume 4, Number 1 2006. 98
Rule 77 of the United Nations Standard Minimum Rules for the Treatment of Offenders 99
Omoni Grace Ego and Ijeh Scholastica, U., “Qualitative Education For Prisoners: A Panacea to Effective
Reformation and Reintegration into the Society”, Edo Journal of Counseling, Volume 2 Number 1 of 2010 page 30 100
United Nations, “Human Rights and Prisons”, Manual on Human Rights Training for Prison Officers:
Professional Training Services, Number 11, New York and Geneva, 2005 101
Rule 77 (2) of the United Nations Standard Minimum Rules for the Treatment of Offenders 102
Jacobs, J.B., New Perspectives on Prisons and Imprisonment, Cornell University Press,1983 pg 64 103
Senior Welfare Officer at Luzira Prison Mr. Anatoli Biryomumaisho acclaimed the role of education in prison
reforming offenders when he stated that; “education is key in transforming and rehabilitating inmates”, in Charles
Ariko “42 Luzira inmates Pass PLE”, The Sunday Vision 24th
January 2010 104
Section 57 (d)
22
Rules105
and the Kampala Declaration on Prison Conditions in Africa106
sub-paragraph 7 of the
paragraph on prison conditions. In other jurisdictions like Tanzania, the question of prisoners’
education has yielded positive results with prisoners acquiring degrees in fields like Law107
.
Uganda should copy the same idea and ensure that prisoners continue up to tertiary level.
3.4.3 Freedom of Religion and Worship in Prisons
Prisoners should also be given opportunity to accomplish their religious and spiritual needs108
.
This helps prisoners to reflect and remorse past criminal deeds which is good for reformation and
rehabilitation109
. In Uganda, this is provided for under Section 113 of the Act. The Minister of
Internal Affairs is empowered to appoint ministers or religious priests of any religious faith to be
prison ministers110
. The religious minister is supposed to; visit prisoners in prison for which he or
she is appointed to conduct religious services for the benefit of prisoners111
and hold religious
and moral fellowships and interactions and counseling for the benefit of the prisoners112
. Access
by a qualified representative of any religion cannot be refused to any prison except when a
prisoner objects to a visit of any representative, his or her opinion has to be respected113
.
Therefore, any person who qualifies to be a representative of any religion can be allowed access
to prison to preach to prisoners. Every prisoner is allowed to satisfy the needs of his religious life
by attending the services provided in the institution and having in his or her possession the books
of religious observance and instruction of his or her denomination114
. This is in accord with the
United Nations Standard Minimum for the Treatment of Offenders115
. This has been
implemented in Luzira and Kirinya prisons, where prisoners are allowed to worship according to
105
Rule 77(1) provides that education for young and illiterate prisoners shall be compulsory. 106
International Seminar on Prison Conditions in Africa, Held at Kampala, 19th
to 21st September, 1996
107 Rose Athuman, “Prison Bars Could Not Stop Them” Daily News, 3
rd December 2009; Haruna Gombela an
inmate from Ukonga prison in 2007 graduated with a degree in Law and Semayonga Michael Earnest in 2009 also
was awarded a Law degree, all from Open University of Tanzania. The Minister of Home Affairs for Tanzania, Hon.
Lawrence Masha acclaimed the role of education in keeping prisoners out of criminality after release. 108
Executive Director of Prison Fellowship Uganda, Mwesigye David, “Religious Education can Reduce Prison
Congestion”, published in The New Vision, Monday, 29th September, 2008 109
Garland, D., Punishment and Welfare: A history of Penal Strategies, Gower Publishing Company, Great
Britain,1985 pg 223 110
Section 113 (1) 111
Section 113 (3) (a) 112
Section 113 (3) (b) 113
Section 113 (4) 114
Section 113 (4) 115
See Rule 41 on the conditions of worship, receiving of pastoral visits by prisoners among others.
23
their faiths. This has had a great impact on the reformation and rehabilitation of prisoners as will
be explained later in chapter four on the presentation of findings.
3.4.4 Prison Work
Prison work is important because it keeps the prisoners busy and active thus avoiding
boredom116
. Samaha Joel117
suggests that if prisoners have no work and become accustomed to
idleness, they may lose their sense of responsibility for themselves and their families making it
difficult for them to live law-abiding lives after release.
Prisoners should be paid a fair wage for their work. Hilde states that the principle underlined is
that the work of prisoners should not be subordinated merely to making a profit either for prison
authorities or private contractor118
. Prisoners should be allowed to spend part of their wages in
prison, send part of it to their families or save a part of it for their release119
. Work in prison
should be subject to the same laws on health, safety, industrial injury and occupational diseases
as is work among the general public and should not be afflictive in nature120
.
The Act is silent about the prisoners’ work. However, the Minister of Internal Affairs is
empowered to make Rules and Regulations governing the kind of work of prisoners121
and the
payment of prisoners for work done while in prison122
. In 2000 the then Minister of Internal
Affairs123
made the Prisoners (Earning Rates and Gratuity) Rules, 2000124
which, despite the
repeal of the Uganda Prisons Act 1956 in 2006, are saved by Section 125 (3) (a) of the Act125
.
The Rules provide that a prisoner in the Earning Scheme is entitled to be paid gratuity at the rate
of Three Thousand Shillings for the first three months served and there after One Thousand
116
Ryan Marion, S., “Prisoners for Sale: Making the Thirteenth Amendment Case Against State Private Prison
Contracts”, William & Mary Bill of Rights Journal, Volume 18 Issue 1, 2009 available at
http://scholarship.law.wm.edu/wmborj/vol18/iss1/10 (Retrieved on 27th November 2010) 117
Samaha Joel, 1991, Op. cit pg 213 118
Lundeby Hilde, op. cit pg 265 119
Ibid 120
Rule 71(1) of the United Nations Standard Minimum Rules for the Treatment of Prisoners 121
Section 124 (2) (e) 122
Section 124 (2) (h) 123
Brigadier Moses Ali 124
Made under Section 76 (h) of the Prisons Act 1956 and came into force on 21st November 2000
125 Section 125 (3) (a) makes any Rules issued under the 1956 Act to continue in force unless replaced by other
Rules made under the Uganda Prisons Act 2006.
24
Shillings or a part of it126
. The Rate of earning specified in the second column of the schedule to
the Rules depends on the grade of the prisoner set out in the first column of the schedule to the
rules. Thus if a prisoner is skilled, he earns Five Hundred Uganda Shillings per working day, if
semi-skilled, he earns Two Hundred and Fifty Shillings per working day and if he is unskilled,
he earns One Hundred Shillings per working day127
. However, these Rules are silent on the
hours, conditions of work, compensation for work injury, for whom are prisoners meant to work
and from whom prisoners are meant to claim this money. They are also almost obsolete
approximately ten years since they were made and the cost of living has visibly sky-rocketed.
3.4.5 Prison Exercise and Recreational Activities
Exercises keep prisoners in good physical health and kill boredom128
. Therefore, in any prison,
there ought to be recreational facilities for the prisoners to have regular exercises129
. This is
supported by international instruments on treatment of prisoners130
. Exercises and recreational
activities also facilitate social reintegration of prisoners with their communities through
organizing competitions between inmates and community members131
.
Exercise for prisoners is provided for under Section 70 of the Act which states thus; every
prisoner not employed in outdoor work shall have at least one hour of suitable exercise in the
open air. It is assumed that those prisoners engaged in outdoor employment, that is part of the
daily exercise. This is contrary to Rule 78 of the Standard Minimum Rules that provides for
recreation to all prisoners. This limitation under the Act is therefore unnecessary.
3.4.6 Contact With Outside World
A prisoner should be allowed to keep in touch with the family members, friends and relatives.
This maintains the social link between the prisoner and the outside world to which he is to return
126
Rule 3 127
Rule 2 128
Nuwagaba Edwin, “Theatre Factory takes Easter to Luzira Prison”, Daily Monitor, Tuesday, 6th
April 2010.
The author of the article commended the importance of giving prisoners entertainment in a bid to reform them. It
keeps them active and restores their hope to once return to society once they are released. This furthers the process
of social reintegration of prisoners into their communities. 129
Schmalleger Frank, Criminal Justice Today: An Introductory Text for the Twenty-First Century, Prentice
Hall Inc, Engle Wood Cliffs, New Jersey, 1991pg 235 130
Rule 78 of United Nations Standard Minimum Rules for the Treatment of Offenders 131
Westminster Advisors White Paper, Prisoner Rehabilitation and Offender Management, April 2010 available
at http://www.westminsteradvisers.co.uk/assets/resources/criminal-justice-system-wa-white-paper-april-2010.pdf
(Retrieved 27th
November 2010)
25
after incarceration132
. It also makes the possibility of social reintegration easy133
. Section 78 of
the Act provides that communication between prisoners and their relatives and friends is allowed
subject to such restrictions as the Officer in Charge may think are necessary for the maintenance
of discipline and order in the prison, and the prevention of crime134
. Further, on admission, a
prisoner is allowed to write a reception letter and to receive a visit, even on transfer, a prisoner is
allowed to write to relative a transfer letter135
.
Communication with community members helps the relatives to know that the prisoner has been
imprisoned in a given prison and thus it makes it easy for them to organize regular visits for him
or while in prison which is part of rehabilitation and reintegration process136
. This keeps the
social chain between prisoners and relatives, friends and family members alive so that even after
release, it is easy for him to integrate with the community thus enhancing reformation137
. This is
in line with Rule 80138
which maintains that linking the outside world should be started as soon
as the inmate is admitted into prison.
3.4.7 Treatment in Prison
The responsibilities of prisons extend far beyond the “warehousing” of offenders139
. Prisons are
mandated and ethically bound to provide adequate health care treatment and facilities140
. Every
prison should have a psychiatrist to examine the mental state of all prisoners admitted to
prison141
. In some jurisdictions, prison authorities can be held responsible for any death or injury
resulting from failure to treat a prisoner or negligence in providing health services. For instance,
in the Indian case of Ranchod Versus State of Madhya Pradesh142 the state was held responsible
132
Kyasiimire, J.K., op. cit pg 25 133
Ibid 134
Section 78 (1) 135
Section 78 (2) 136
Nsimba Masamba-Sita et al, From Prison Back Home: Social Rehabilitation and Reintegration as Phases of
the Same Social Process (The Case of Uganda), 3rd
Edition, UNAFRI, 2005 137
Nsimba Masamba-Sita, “A promising Perspective for Prisoners in Africa: A more Community Based
Correctional System”, African Journal of Crime and Criminal Justice (AJCJ), a Publication of UNAFRI,
Volume 1 Issue Number 1 of September 2009 138
United Nations Standard Minimum Rules for the Treatment of Prisoners 139
Dvoskin Joel, A., and Spiers Erin M; “The Role of Correctional Officers In Prison Mental Health”, Psychiatric
Quarterly Journal, Volume 75, Spring 2004 140
ibid 141
Lovell David et al, “Evaluating the Effectiveness of Residential Treatment for Prisoners with Mental Illness”,
Criminal Justice and Criminal Behavior, An International Journal, Vol. 28, No.1 February 2001. 142
[1986] 16 M.P. Reports 147
26
for the negligent services of a prison doctor which resulted into death of a prisoner. It was held that
prisons are mandated to give medication to prisoners because right to health is everyone’s right
which even imprisonment cannot take away. This is also in accord with the Standard Minimum
Rules143. In Uganda treatment is based on mental sickness and other illnesses.
3.4.7.1 Mentally Sick or Insane Prisoners
Psychiatric and psychological treatment of mentally ill inmates helps in rehabilitating prisoners
who commit crimes due to mental weakness.144
In Uganda, insane and mentally abnormal
persons are not meant to be detained in prison and once discovered to be mentally abnormal, a
prisoner is meant to be removed promptly to a mental hospital for treatment145
. If a Medical
Officer or Officer in Charge opines that a prisoner is mentally sick he is meant to produce his
judgment under the Mental Treatment Act and the prisoner is removed promptly from the prison
and confined in a mental hospital where he undergoes mental treatment146
. This is meant to
reduce the mental related offences amongst prisoners in prison and upon release.
3.4.7.2 Prisoners Suffering From Other Illnesses
In case of illness of a prisoner under confinement and there is no suitable accommodation for
that prisoner, the Officer in Charge on the advice of the Medical Officer can make an order for
his removal to a hospital147
. And, every prisoner who has been removed from prison to a hospital
is deemed to be under detention in the prison from which he was so removed148
. When the
Medical Officer in charge of a hospital considers that the health of a prisoner no longer requires
his detention in the hospital, he notifies the Officer in Charge who then causes the prisoner to be
brought to prison if he is still liable to confinement149
. Further, the Act provides that where a
prisoner is due for release but still under treatment by the medical officer, he is discharged from
prison to a medical or social service outside the prison as necessary150
to enable him continue
143
Rules 22 to 25 144
Morris, S.M., et al, “Mental Health Services in United States Jails: A survey of Innovative Practice”, Journal of
Criminal Justice and Behavior, Volume 24, Number 3, October 1997, Pages 3–19 145
Section 74 (1) 146
Section 74 (2) 147
Section 75 (1) 148
Section 75 (2) 149
Section 75 (3) 150
Section 83 (4)
27
treatment. In Luzira prison, there is a sick bay where treatment of prisoners is done and there is a
possibility of a referral if illness in complicated151
.
3.4.8 Remission of Prison Sentence and the Reformation of Prisoners
Remission works in a way that if a prisoner behaves well during incarceration and shows that he
has been remorseful and reformed, there is a reduction of a given part of his sentence by the
prison authority to get an earlier release152
. This encourages prisoners to reform so as not to lose
the remission. This enhances the process of reformation and rehabilitation.
In the case of Onyango versus Attorney General153
it was held that the Commissioner of Prisons
before depriving a prisoner of remission must sufficiently inform him of the reason and give him
opportunity to be heard otherwise the order will be declared null because remission is a right of
all prisoners. Therefore, in Kenya, remission of prison sentence is a right whose denial attracts
judicial review against the Commissioner of Prisons.
In Uganda, the Act provides that a convicted prisoner sentenced to imprisonment for a period
exceeding one month may, by industry and good conduct, earn a remission of one third of his or
her sentence or sentences154
. Each prisoner on admission is supposed to be credited with the full
a remission to which he or she would be entitled at the end of his or her sentence or sentences if
she or he does not lose or forfeit it155
.
The President of Uganda is given powers by the Act to grant further remission. The
Commissioner General may recommend to the Minister responsible for justice to advise the
president under Article 121 (4) (d) of the Constitution to grant a further remission on special
grounds156
. However, the Act does not define what these special grounds are so discretion is left
to the president to determine who to grant this further remission depending on reasons he
considers appropriate.
151
Interview with an ex-prisoner from Luzira prison. 152
Appleton, C., and Grφver, B., “The Pros and Cons of Life without Parole”, Volume 47, British Journal of
Criminology, 2007, at pg 597 153
Civil Application 152 of 1986, Court of Appeal at Nairobi (Platt and Gachuhi JJA), Thursday 07th
May 1987
(Unreported), available at www.kenyalaw.org (Last accessed on Wednesday 10th
November 2010) 154
Section 84 (1) 155
Section 84 (2) 156
Section 86 (1)
28
3.4.8.1 Remission of Sentence and Life Imprisonment
The Act provides that for the purpose of calculating remission of sentence, imprisonment for life
shall be deemed to be twenty years’ imprisonment157
. Therefore, a prisoner serving a life
sentence can be released after serving a minimum period of around Thirteen years and Six
months. This is in accord with the International Covenant on Civic and Peoples’ Rights, Article
10 (1), which requires anyone deprived on liberty to be treated with humanity and dignity.
Imprisonment for a person’s natural life, it is argued, is inhuman and degrading treatment
because it denies the offender chance to be rehabilitated and return to society a reformed
person158
and makes mockery of the reformative end of punishment159
. Section 86 (3) of the Act
is in line with the interpretation given to life imprisonment in other countries like South Africa160
and by the Privy Council in the Mauritius case of De Boucherville versus The State of
Mauritius161
wherein it was held that life imprisonment does not mean imprisonment for the
offender’s natural life, and, a sentence of life imprisonment without a possibility of release is
arbitrary, disproportionate and unconstitutional under the Mauritius Constitution. Therefore, life
imprisonment should not be interpreted to mean imprisonment for the offender’s natural life, like
the position in Tanzania162
and Kenya163
, if reformation of prisoners is to be achieved.
In Uganda the courts are not concurrent as to the meaning of life imprisonment as was contained
in the repealed Prisons Act and now in the 2006 Prisons Act. The Court of Appeal in Wasaja
versus Uganda164
held that the maximum sentence of imprisonment is life which is taken to be
equivalent to 18 to 20 years and in Wanaba versus Uganda165
, the same court held that a life
imprisonment means 20 years imprisonment. However, in Guloba Muzamiru versus Uganda166
it
was held that life imprisonment means “whole life” and is not as bad as death penalty, and, the
157
Section 86 (3) 158
Ddamulira Jamal Mujuzi, “The Evolution of the Meaning(s) of Penal Servitude for Life (Life Imprisonment) in
Mauritius: The Human Rights and Jurisprudential Challenges Confronted So Far and Those Ahead”, Journal of
African Law, Volume 53 Number 2, 2009, Pages 222 to 248 159
Katende, Sempebwa and Company Advocates, Kampala, Uganda, “Is there an Alternative Beyond the Death
Penalty in Uganda”, Carita Thomas College of Law (LPC), 26th
June – 15th
September 2006 , accessed from
http://www.wmin.ac.uk/law/pdf/CARITA%20THOMAS.pdf (28/01/2011) 160
Under Section 73 (6) (b) (iv) of the Correctional Services Act, Act Number 111 of 1998, an offender sentenced to
life imprisonment is expected to be considered for parole after serving 25 years. 161
[2008] U.K.P.C 37 cited and discussed in Ddamulira, Supra, page 215 162
Section 49 of the Prisons Act 1967, read together with Section 4 (a) of the Parole Boards Act 1994 163
Section 46 (1) (ii) of the Prisons Act 1963 164
[1975] E.A. 181 165
Criminal Appeal No. 156 of 2001, decided on 22nd
July 2003 (Unreported) 166
Criminal Appeal Number 289 of 2003 (Unreported)
29
Constitutional Court in Suzan Kijula and 416 Others versus The Attorney General167
held that
Section 46 (7) of the Prisons Act (now Section 86 (3)) fetters the discretion of the courts in
passing a sentence which is longer than 20 years and is an attempt by the legislature to
predetermine sentence, and where a convict is sentenced to imprisonment for life, he should
serve imprisonment for life and is not entitled to remission at all, prison authorities should not
alter court sentences in the guise of remission. This conflict of opinions shows that while prison
authorities speak the language of rehabilitation, courts are still tethered to the deterrent and
retributive ideas about imprisonment, thus inhibiting reformation of prisoners.
3.4.8.2 Grounds for Loss of Remission
In order to prevent prisoners from taking remission for granted, it is necessary to have elaborate
grounds upon which remission of sentence can be lost which should be explained to inmates in
advance168
. Under the Act, a prisoner may lose remission because of its forfeiture as a
punishment for an offence against prison discipline169
. Further, if a prisoner is hospitalized due to
a fault of his own or while undergoing confinement as a punishment in a separate cell, he or she
is not supposed to earn any remission170
. This is meant to encourage prisoners to observe prison
discipline which is a step towards the process of rehabilitation and reformation.
3.4.9 Social Relations and After Care
Prison staff should prepare prisoners to live within the law after they are released171
. Prison staff
should encourage governmental and Non-Governmental Organizations which work with former
prisoners to come into the prison to build relations with prisoners before they are released172
.
Pre-release programmes are helpful to them in finding jobs or accommodation after prison173
.
Imprisonment should not break the social link which the prisoner had before if reformation is to
167
Constitutional Petition No.6 of 2003, decided 20th
June 2005 (Unreported) 168
Fuller John, Criminal Justice: Mainstream And Cross-Currents, Prentice Hall, New Jersey, 2005 pg 127 169
Section 85 170
Ibid 171
Osisioma Nwolise “Bridging the Funding Gap in Corrections: The Urgent need for Increased Financial
Vitamins in African Corrections Services”, Paper Presented At The Biennial Conference of the African
Correctional Services Association, held in Accra, Ghana, September 13-17, 2010, Pg 3 available at
http://www.dcs.gov.za/acsa/Conf%20Papers/ACSA%20BIENNIAL%20CONFERENCE%20Bridging%20the%20fu
nding%20gap%20in%20Corrections%20PROF%20NWOLISE.doc (Accessed on 19.11.2010) 172
Tomasic, R., and Dobinson, I., The Failure of Imprisonment, George Allen and Urwin Pty Ltd ,Australia, 1979 173
Rubin, E.L., ‘The Inevitability of Rehabilitation’ Law and Inequality Journal Volume 19 Issue Number 345 of
2001 Pages (56-96) Pg 61
30
become a reality174
. There should be an elaborate after release programme by the prison
authorities to assess adjustment to life after prison and the challenges facing ex-prisoners in order
to find a solution to make the rehabilitation cycle complete175
.
The Act provides that special attention needs to be paid to the maintenance and improvement of
social relations between the prisoner and his or her family as are desirable in the interests of
both176
. From the beginning of a prisoner’s sentence, consideration need to be given to his or her
future after release and he or she shall be encouraged and assisted to maintain or establish such
relations with persons or agencies outside the prison as may promote the best interests of his
family and his own social rehabilitation177
. This section allows visitations to the prisoner by
relatives and friends thus maintaining the social fabric between the prisoner and the community.
The Uganda Prisons Service in assistance with other agencies and N.G.Os which assist released
prisoners to re-establish themselves in society are enjoined by the Act to ensure that ex-prisoners
are provided with proper identification papers, have suitable homes and work to go to and have
means to reach their destination and maintain themselves in the period immediately following
their release178
. This has encouraged the setting up of N.G.Os like Mission After Custody to
assist prisoners after their release as will be shown in chapter four on findings.
Representatives of the agencies are allowed access to the prison and prisoners and their views are
to be taken into consideration as to the future of a prisoner from the beginning of his or
sentence179
. This is meant to assess the possibility of the prisoners being able to resettle in
society after release. This is in line with Rules 79 to 81 of the Standard Minimum Rules.
3.4.10 Prison Officers’ Training
Prison officers should be given adequate training to deal with prisoners. The training should be
detailed in order to enable them appreciate the modern role of prisons which is reformation and
rehabilitation of prisoners180
. This helps in removing the retributive ideas that are held by most
people towards prisons and prisoners and prison officers are not an exception. The idea of
174
Ibid pg 61 175
See Rule 64 of the Standard Minimum Rules 176
Section 90 (1) 177
Section 90 (2) 178
Section 90 (3) 179
Section 90 (4) 180
Rule 47 (2) of the Standard Minimum Rules
31
psychology of prisoners has to be introduced to prison officers in order to enable them
communicate with prisoners181
. Human rights observance forms an integral part of today’s
correctional programs in prisons and should be introduced to prison officers during their training.
There should be at least annual refresher courses for prison officers especially in the areas of
correction science and human rights182
.
In Uganda, the training of prison officers is undertaken by the Uganda Prisons Authority183
and
the Prisons Council184
. The Act is silent on the aspects covered in the prison officers’ training.
They are left to the Assistant Commissioner of Prisons (Training) to determine the period of the
training, education level requirements, in-service training and what is to be covered by during the
training185
.
3.4.11 Prison Discipline and Punishment
It is important that prisoners be made aware of Rules and Regulations which affect them in
prison. If found guilty the prisoner may be subjected to a range of punishments laid down in the
same set of procedures186
.
3.4.11.1 Corporal Punishment and the Reformation of Offenders
Prison punishments should not be inhuman or degrading because, it will be hard to reform
offenders187
. Punishments like corporal punishment may make them more hardened offenders188
.
In order to have effective reformation and rehabilitation of prisoners, observance of human rights
is paramount even in the type of punishments given to prisoners while under custody189
.
181
Rule 49 (1) of the Standard Minimum Rules 182
See Rule 47 (3) of the Standard Minimum Rules 183
Section 11 (2) (b) of the Act 184
Section 13 (2) (d) (ii) of the Act 185
Ibid 186
United Nations, Human Rights and Prisons: Manual on Human Rights Training for Prison Officers, New
York and Geneva, 2005 pg 91 187
Waruguru Kaguongo, “Prisoners’ Rights: The Role of National Human Rights Institutions in Africa”, A
Dissertation Submitted in Partial Fulfillment of the Degree, LL.M Human Rights and Democratization in
Africa, at the Political Science Department, American University in Cairo, Cairo, Egypt, November 2003, at pg 17 188
Foucault, M., Discipline and Punish: Birth of the Prison, Pantheon, New York, 1977 189
Uganda Human Rights Commission, 11th
Annual Human Rights Report, Presented to the Parliament of the
Republic of Uganda, 2008 pg 49
32
The Act prohibits corporal punishment under Section 81 (2)190
. However, the punishment is still
maintained in the Trial on Indictments Act191
which inter alia provides that corporal punishment
shall be inflicted with a rod or cane to be approved by the Minister, under Section109 (1). The
repeal of corporal punishment and its maintenance in other Acts is a contradiction to the
objective of the Uganda Prisons Service. Corporal punishment has been adjudged by courts as
inhuman and degrading punishment which cannot help to reform offenders but only makes them
hardened offenders especially to the young offenders and also contradicts the Standard Minimum
Rules192
. In Oryem Richard and Nayebale Peter versus Uganda193
the Supreme Court held that
corporal punishment is inhuman and degrading and contrary to Article 24 of the Constitution and
does not help to rehabilitate and reform offenders and has no justification for its continued
existence in the statute books, thus leading to its repeal from the Penal Code Act of Uganda194
.
Therefore, corporal punishment as a punishment in addition to imprisonment has not enhanced
reformation of prisoners but instead has inhibited it because imprisonment is itself a punishment
which should not be accompanied by torture. In the High Court of Tanzania, Mwalusanya J. in
Thomas Mjengi Versus Republic195
held that corporal punishment is inhuman and degrading
punishment. Therefore, since it is inhuman and degrading, it does not help in reformation of
offenders but makes them hardened criminals; its maintenance in statute books contradicts the
Uganda Prisons Service policy of reformation of prisoners.
3.5 Conclusion
The effective rehabilitation and reformation of prisoners can only be achieved if the policy of
Uganda Prisons Service is made operational by a clear legislative framework on the reformation
and rehabilitation of prisoners. All criminal justice institutions in Uganda should aim at
reformation and rehabilitation of prisoners. This can make it easy for the implementation of
reformatory programs. The Uganda Prisons Act 2006 and all the Regulations made under it are
not elaborate enough on all issues to do with reformation and rehabilitation of prisoners.
190
Stripping of a prisoner naked, pouring water in a cell of a prisoner, depriving him or her of food and
administering corporal punishment and torture is prohibited. 191
Chapter 23 of the Laws of Uganda 192
Rule 31 which provides that Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or
degrading punishments shall be completely prohibited as punishments for disciplinary offences. 193
Supreme Court of Uganda Holden at Mengo, Tsekooko, Karokora, Mulenga, Kanyeihamba, & Kato, JJ S.C.
Criminal Appeal No.2 of 2002 (Unreported) 194
Section 1, of the Penal Code (Amendment) Act 2007, only repeals corporal punishment in the Penal Code Act. 195
[1992] TLR 157
33
CHAPTER FOUR
PRESENTATION OF FINDINGS OF THE STUDY AND DATA ANALYSIS
4.1 INTRODUCTION
This chapter gives a presentation of findings of the study and analysis of the views of the
respondents as given in response to the questions posed in the interviews and questionnaires and
observations. It starts with details about research respondents contacted during this research and
a finding on the problem of recidivism amongst ex-prisoners in Uganda. In this chapter, the
hypotheses of the research are also put to test. It ends with a conclusion the on the findings.
4.2 DETAILS ABOUT THE RESEARCH RESPONDENTS
This study targeted stakeholders in the reformation and rehabilitation of prisoners. These
included members of the general public (9 in total), ex-prisoners from Luzira prison (15 in total),
prisoners from Kirinya prison in Jinja district (9), Officers from Kirinya Prison in Jinja, R.P.C
South Eastern Region and officials of the Uganda Prisons Service as key informants.
They gave their views on the problem of recidivism amongst ex-prisoners, the role of prisons in
the reformation and rehabilitation of prisoners, rehabilitative programs and their importance,
challenges and future prospects for their implementation.
4.3 PROBLEM OF RECIDIVISM IN UGANDA
The respondents agreed that there is a problem of recidivism amongst ex-prisoners that needs to
be addressed. Although they differed on the level of recidivism among ex-prisoners, most were
of the view that it is between 39% and 48%. This shows that prisons have not effectively
reformed prisoners. Some of the ex-prisoners were found to have been to prison more than once
and some of them where re-imprisoned for crimes more heinous than ones for which they had
been previously imprisoned. This shows the problem of recidivism amongst prisoners in Uganda.
4.4 REHABILITATIVE PROGRAMMES
4.4.1 Religious and Spiritual Guidance Programs in Prison
In Luzira Murchison Bay Prison, inmates are allowed to worship and to receive visits from
religious ministers from Non-Governmental Organizations (N.G.Os) like Prison Fellowship
34
Uganda, Uganda Islamic Mission among others. There are designated places for a mosque for
Muslims, and churches for all denominations of Christians. This has helped in rehabilitation of
prisoners through spiritual nourishment196
. The major challenge is following up these prisoners after
release because most of them go out without any assistance and end up doing wrong and being brought
back to prison197
. In Kirinya Prison visits from religious ministers are also allowed after obtaining
permission from the Regional Prisons Commander (R.P.C), Southern and Eastern Region198
.
4.4.2 Prison Education and Vocational Training
In Luzira prison there is provision of both formal education and vocational training to inmates. The
Principal Officer Welfare and Rehabilitation (P.W.R.O) stated that there are classes for all levels
from Primary, Ordinary Level Secondary School education, Advanced level Secondary school
education and tertiary level education199
. Teachers are got from within the prisoners, whereby
those with ability to teach are selected and verified and given permission to teach the rest under
supervision from prison authorities200
.
The Principal Welfare and Rehabilitation Officer explained that the examinations done by the
prisoners in candidate classes are conducted by the Uganda National Examinations Board
(UNEB). This has helped in integrating the prison education with education outside prison
enabling ex-prisoners to continue with their education after release201
. In Kirinya Jinja prison,
formal education programs are not yet under implementation due to limited facilities and
funds202
.
Education has helped in reducing ignorance among prisoners and helped them find jobs. For
instance an ex-prisoner from Luzira prison explained in a questionnaire that upon admission he
was in primary five but upon release after serving fifteen years had a Diploma in Guidance and
Counseling and now volunteers with Mission After Custody.
196
Archbishop of the Church of Uganda, His Grace Henry Luke Orombi, in a press interview with Ssebuyira Martin,
“The Church’s Role in Rehabilitating Prisoners”, Saturday Monitor, 18th
September 2010 197
Interview held with an ex-prisoner volunteering with Prison Fellowship Uganda on Friday 24th
September 2010 198
Interview with Deputy Officer in Charge Kirinya Prison Jinja Remand Section on 23nd
August 2010 199
Interview with P.W.O.R on 17th
September 2010 200
Anatoli Biryomumaisho, the Welfare Officer Luzira Prison and Head Teacher of Luzira Prison Primary School
Section in a press interview, Charles Ariko, “Inmates Talk About Studying in Prison” The New Vision, Monday 8th
February 2010. 201
Uganda Human Rights Commission, 12th
Annual Reports, Presented to the Parliament of Uganda, 2009 pg
41 202
Interview with R.P.C (South Eastern Region), Jinja Mr. Odur Robson Tom, 9th
August 2010
35
4.4.3 Vocational Training
In Luzira Prison, there is training of inmates in industrial skills to enable them secure
employment upon release. These activities are in workshops which are; printing press, metal
fabrication workshop, carpentry workshop, soap making workshop, handcrafts like weaving
workshop, tailoring, poultry and agro forestry203
. In Kirinya it is mainly in poultry, dairy farming
and horticulture204
.
The main challenge is to find capital to start their own projects because what they get from the
Earning Scheme is too little to enable them make any saving. The P.W.R.O in an interview
suggested giving grants to ex-prisoners by the government as a solution. The Senior
Superintendent of Prisons (S.S.P), at Uganda Prisons Service Headquarters, Mr. Asinjah Baker,
in an interview said that the challenge facing the implementation of the Prisoners (Earning
Rates and Gratuity) Rules, 2000 is shortage of funds because most of the earnings from
prisoners’ labor is used to defray the government expenses in maintaining the prisoners thus little
remains for prisoners205
. He appealed for more support from the government as a way forward.
4.4.4 Remission of Part of Prison Sentence and Reformation of Prisoners
Upon admission into Luzira prison or any other prison in Uganda, an offender is made aware of;
the remission to which he is entitled, the circumstances under which it can be lost and the prison
rules and discipline206
. Remission has encouraged prisoners to behave well not to lose the
remission. This has enhanced reformation and rehabilitation of prisoners because less than 20%
lost remission in Luzira Prison in the period of June to September 2010207
. All ex-prisoners
interviewed acknowledged knowledge of remission and acclaimed its positive impact in
reforming them as it give them hope of an earlier release.
4.4.4.1 Public Perception of Remission of Prison Sentence
During the course of this study, it was found out that there is utter ignorance among the populace
of the operation of the remission of prison sentence. This has caused negative attitude amongst
203
Interview with Assistant Commissioner of Prisons (Welfare and Rehabilitation), Mr. Omita Robert, on 30th
September 2010. 204
Interview with prisoners in Kirinya Jinja Prison on 26th
August 2010. 205
Interview with S.S.P on 4th
October 2010 206
Interview with S.S.P on 4th
October 2010 207
The Uganda Prisons Update, Volume 3 Issue Number 3, October 2010
36
the people towards remission of sentence based on different reasons but all due to limited
knowledge about remission of prison sentence.
Mary Karoro Okurut208
in her article209
refers to remission of prison sentence as “pretense” by
prisoners. She argues that the law allowing remission of part of sentence is unfounded because
the prisoners while in prison pretend to be reformed and earn an earlier release to return to
society and continue with their criminal tendencies. The article attracted a flow of comments
from other members of the public all in concurrence with her negative stand on remission of part
of prison sentence to convicted offenders210
.
Therefore, there is an information gap between the policies of the Uganda Prisons Service in
relation to rehabilitation and reformation of offenders and the general public.
4.4.5 Pre-release and After Care Programs
a) Pre-release services
When a prisoner’s time for release approaches, he is counseled and encouraged by prison
counselors to live as a law abiding citizen. The S.S.P noted in an interview that the prison
authorities ensure that the family members and relatives of the inmate are contacted. The
prisoners are given transport fare and any remainder from the Earning Scheme.
The major constraint is the limited funds to implement the above programs. This has led many
prisoners to be released without any money to transport them to their respective home areas. This
has caused destitution amongst such prisoners who in most cases end up in the offices of N.G.Os
like Prison Fellowship Uganda211
. Others desire to remain in prison because they cannot locate
208
Mary Karoro Okurut is Woman Member of Parliament for Bushenyi District and National Resistance Movement
Spokesperson (as of October 2010). 209
Mary Karoro Okurut, “Peter Sebina Deserves the Gallows for his Beastly Act”, The New Vision, Monday 10th
May 2010. She notes that; “The problem with the jail term is that going by the Prison Act, the beast – if he behaves
well in jail (and they always manage to) – will get to serve just two-thirds of the punishment. That is about 15
years, after which he will be released back to society. People like that simply never stop their habits just because
they have done time at ‘Government service’. So for Sebina it will most probably soon be business as usual (he’ll go
on the defiling spree again) as soon as he gets out of jail”. This was in response to the High Court Sentencing Peter
Sebina to 25 years in jail for defiling a Seven months old baby in 2006. 210
For instance, Nancy Pascazia Lakot, “Yes Sebina Deserves Death”, The New Vision, Wednesday, 12th
May
2010, concurred with Mary Karoro Okurut’s negative stand on remission of part of the prison sentence. See also,
Editorial, “Judges Should not be Lenient on Criminals”, Sunday Vision, Sunday 17th
January 2010, judges in an
Annual Conference at Imperial Royale Hotel, Entebbe, argued that “20 years for life imprisonment defeats justice”. 211
Interview with R.P.C (South Eastern Region), Jinja Mr. Odur Robson Tom, 9th
August 2010
37
their former homes and do not have relatives around prisons or fear stigmatization from the
community. This has contributed to recidivism in Uganda212
.
b) After Care Services and Follow up of Rehabilitative Programs
Luzira prison works in conjunction with agencies and organizations that assist released prisoners
establish themselves in society like Prison Fellowship Uganda, Mission After Custody (M.A.C)
in ensuring that released prisoners are helped to establish homes and are given necessary
documents like certificates to help them get jobs after custody213
.
Among the challenges facing prisons, as identified in an interview by the Assistant
Commissioner of Prisons (Welfare and Rehabilitation), Mr. Omita Robert, include poor follow
up of released prisoners to help them get jobs due to; absence of a clear law relating to follow up
programs, budgetary constraints and stigmatization from the public as few people are willing to
employ ex-prisoners and shortage of qualified prison officers in the field of rehabilitation and
correction to do the job of monitoring released prisoners. He appealed for more government
funding, sensitization of the public about the legal status and rights of ex-prisoners, amendment
of the law to have clear provisions on follow up of rehabilitation programs and including aspects
of correction and offender rehabilitation in the training program for prison officers.
4.4.6 Work in prison and the Prisoners Earning Scheme
In Luzira prison, all prisoners are entitled to work according to their physical and mental
abilities. The Assistant Commissioner of Prisons (Welfare and Rehabilitation) noted in an
interview that prisoners are meant to engage in work as part of their rehabilitation in order to
gain skills that can assist them in finding jobs when they are released.
He also said that all laws governing the labor market are observed. This is why prisoners are not
allowed to work beyond eight hours a day, are meant to be given protective gears in case of work
in potentially hazardous environment, and should not be forced to work for anybody apart from
work for prison authority which is part of the court sentence. He said that though the Prisons Act
212
Interview with Mr. Solomon Rukundo, a Religious Minister with Uganda Prison Fellowship on 16th
October
2010. 213
Munanura Robert, The Officer in-Charge of Luzira Upper Prison in a press interview with Mugisa Anne and
Ariko Charles, “It is not over until it’s over inside Luzira Upper Prison” The New Vision, 30 July 2009.
38
is not elaborate on conditions of work for prisoners the Standard Minimum Rules apply. He
suggested amendment of the Act to include provisions of the Standard Minimum Rules on prison
work.
The Deputy O.C Kirinya Jinja prison noted that prisoners engage in work and the products like
fruits, vegetables, chicken and eggs are sold to provide funds from which prisoners are paid for
their work. Kirinya Prison Jinja carries out annual exhibition of prisoners’ products at the Annual
Jinja Agricultural Show which enables prisoners to learn more skills and provides market to their
products and enhanced prisoners’ skills in such activities214
.
4.4.6.1 Prison Work and Abuse of Rights of Prisoners
There are complaints from ex-prisoners and the general public, which were confirmed as true by
observation during this research, concerning mistreatment of prisoners during work215
. They are
forced to work on flower plantations around Kampala and sugar cane plantations like Sugar
Corporation of Uganda216
and Kakira Sugar cane plantations in Jinja217
. This is against the
Standard Minimum Rules218
. The S.S.P attributed this problem to lack of understanding by the
prisons staff of the modern role of prisons and absence of a clear law because Section 100 of the
Act against “prisoner trafficking” does not include prisoners being force to work. He said this
can be avoided if prison officers are taught the modern role of prisons and strict laws against it.
4.4.6.2 Prisoners Earning Scheme
The S.S.P said in an interview that very prisoner who is engaged in work is meant to earn
according to the Prisoners (Earning Rates and Gratuity) Rules, 2000219
.
The S.S.P however added that these rules are not yet in full implementation because of financial
constraints. He also noted that these rules are almost obsolete because ten years since they were
made is too long given the escalating cost of living. He suggested more government funding and
214
Interview with Mr. Ojera Vincent, Deputy O.C Kirinya Jinja (Remand Section) on 28th
September 2010 215
The Uganda Human Rights Commission, 2009 Annual Report, (Op. cit) at page 40 notes the same problems of
unfair remuneration, long hours of work, and forced labour. 216
Wesaka Anthony and Izama Angelo, “Police, Prisons on the Spot over Inmates Forced Labor”, The Daily
Monitor, Tuesday, 27 June 2010. 217
This was observed during the course of this research where by prisoners were seen cutting sugarcanes for Kakira
Sugar Works. 218
See Rule 71 (1) which states that prison labour must not be of an afflictive nature. 219
For the rates of remuneration, refer to Chapter two page 24 of this work where the rules are explained in detail
(Subtitle 3.4.4)
39
amendment to the rules by the Commissioner General to bring them into conformity with
international standards and reflect the true cost of living in Uganda220
. The ex-prisoners
interviewed responded that payment is not regular and full.
4.4.7 Prison Officers’ Training in Relation to Reformation and Rehabilitation of Offenders
There is a Prison Staff Training School at Luzira Prison. This school is the centre that
coordinates training for prison staff in Uganda, including refresher courses, the Assistant
Commissioner of Prison (Training) said in an interview221
. The aspects covered by the prison
officers of all ranks during their training emphasize education of the officers about the modern
role of prisons in the reformation and rehabilitation of offenders. These include;
i) Training of officers in correctional activities like counseling and guidance of prisoners
with social and psychological problems.
ii) Training of prison officers in the field of human rights of prisoners to prevent
inhuman treatment of prisoners by the prison officers which may inhibit the process
of reformation and rehabilitation of inmates222
.
iii) Training of prison officers in interacting with prisoners and giving them skills in
resolving prisoners’ complaints and other conflicts amongst prisoners to ease the flow
of information between prisoners and prison officers which is vital in rehabilitation.
The training has helped to change the attitude of prison officers towards prisoners. All the prison
officers asked in a questionnaire about their attitudes towards prisoners answered that they
consider prisoners as people who have come to prison and in need of reformation and not
punishment. However, they also noted that the training needs to be categorized because the
military aspect is not vital for all especially the non-custodial staff. This has caused a feeling that
the prisoners are rebellious so need to be handled in a hard manner to avoid rebellion. This is the
220
The Uganda Human Rights Commission, Annual Report 2009 (Op. cit) at pg 40 also observes that there is no
clear mechanism for the remuneration of prisoners for their labour and no centralized policy mechanism regarding
use of prisoners’ labour and management of proceeds obtained from such labour. 221
Interview with Mr. Mwanje James, A.C (Training) on 13th
October 2010 222
Mwanje James, Assistant Commissioner of Prisons (Training), in a press interview with Charles Ariko, “Prison
Staff for Human Rights Training” The Sunday Vision, Sunday 7th
September 2008. This is especially done in form
of refresher courses for prison officers who were recruited before the enactment of the Prisons Act 2006.
40
cause for most violation of prisoners’ rights by prison officers. They suggested categorization in
training as a way forward.
4.4.8 Communication with the Outside World by Prisoners
a) Writing of letters to family members and relatives
All prisoners are entitled to write letters to their families upon admission. The letter before
transmission is censored by the prison authorities to ensure that it does not contain information
prejudicial to security in prison. The Assistant Commissioner of Prisons (Welfare and
Rehabilitation) said in an interview that this helps the prisoner to inform the home people of his
imprisonment. This enables the family members, relatives and friends to visit the prisoner and
offers the necessary support to him.
b) Receiving of visits from family members, relatives and friends
Prisoners are entitled to receive visitors from outside on the designated days. The days for
visiting in Luzira Murchison Bay prison are Tuesday, Wednesday and Thursday, all between
10:00 am and 4:00 pm as observed from the display board at the main gate. This is the same
observation during a visit to Kirinya.
c) Restrictions on the items to be given by visitors to prisoners
The visitors are restricted on what they can give to the prisoners. Visitors are not meant to give
any alcoholics, drugs or cigarettes to the prisoners. This is to ensure prison discipline and
enhance reformation of prisoners by keeping them away from drugs. However, some ex-
prisoners said that they used to buy these items from some prison officers. This shows laxity in
the prison management in enforcement of prison rules and discipline, a sign that prison officers
do not appreciate the conditions necessary for reformation and rehabilitation of prisoners.
4.4.9 Separation and Categorization of Prisoners
In Luzira prison, the male convicted prisoners are kept in Luzira Murchison Bay Prison, the
female are kept in Luzira Female Prison and there is also a remand section for those not yet
convicted. There is no further separation based on the nature of the offence and recidivism this is
because even the cubicles in the Eastern wing which is meant to house inmate convicted of
41
serious offences but not on death row are also usually shared223
. This falls short of the
international requirements224
of separation and poses a risk of affecting the process of
rehabilitation and reformation of prisoners especially to first offenders. This was attributed to
absence of a clear law on categorization because the Act is not elaborate on the question, limited
facilities to strictly observe categorization requirements due to congestion in all prisons in the
country225
.
This is the same in Kirinya prison because apart from the categorizations of males, females and
remand prisoners, it is hard to observe further categorization based on age, recidivism among
others due to overcrowding. This has inhibited reformation of prisoners.
4.5 Conclusion
The findings of this study are in accord with the research problem and the hypotheses. The
respondents suggested that there is need to use prisons to reform prisoners in order to reduce
recidivism because imprisonment should be for a reformative purpose and not just “stock piling
and warehousing” prisoners in the cells. All people interviewed expressed the views that there
exist programs under the Act on the reformation and rehabilitation of prisoners. However, the
Act is not elaborate on some important aspects and other laws contradict the objectives of the
Act and thus require amendment. Further, Rules made under the repealed Prisons Act are
obsolete. There is also poor follow up of prisoners to see how they cope up with life after prison
because reformation and rehabilitation should not end in prison walls. Further, concern was
expressed about the way prison officers mistreat and oppress prisoners during work or in case of
even a minor derail from prison disciplines and rules and should be enlightened about the
modern custodial discipline that emphasizes humane custodial dealing with prisoners.
223
Interview with P.W.R.O, Uganda Prisons Service, Mr. Nsubuga Rogers on 17th
September 2010. 224
Rule 67 of the Standard Minimum Rules provides that, the purpose of classification is (a) to separate from others
those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence and
(b) to divide the prisoners into classes in order to facilitate their treatment with a view to
their social rehabilitation 225
Interview with Assistant Commissioner of Prisoners (Welfare and Rehabilitation)
42
CHAPTER FIVE
RECOMMENDATIONS AND CONCLUSION
5.1 INTRODUCTION
Imprisonment, if well utilized can be an effective punishment in the reformation and
rehabilitation of prisoners, thus reducing on the level of recidivism. This chapter gives the
recommendations that should be considered in order to obliterate some of the problems that are
inhibiting the effective reformation and rehabilitation of prisoners. It also gives a general
conclusion to this study.
5.2 RECOMMENDATIONS
a) Law Reform
The Uganda Prisons Act should be amended to incorporate some of the aspects covered by
international instruments especially the Standard Minimum Rules. This is especially on; prison
work, education and training for prisoners, religious freedom, categorization, follow up
programs, qualifications for prison officers and their training and punishments for prisoners.
Other laws like the, Trial on Indictment Act should also be amended to remove contradictions
with the U.P.S policy of reformation and rehabilitation of offenders. The Commissioner for
Prisons should also exercise his powers under Sections 124 and 4 (2) of the Act by making
regulations or amending the existing ones to make them match with the international instruments
dealing with prisoners.
b) Respect of Prisoners’ Basic Rights
Protection of prisoners’ basic rights is reformation and rehabilitation of prisoners’ concomitant.
As it has been argued in the preceding chapters of this work, in order to have effective
reformation and rehabilitation of prisoners, their basic rights should not be abused. If this is not
the case, there is a likelihood of prisoners becoming hardened offenders due to harsh punishment
in prisons. The work in prison should not be used as a scapegoat to expose prisoners to forced
labor and exploitation. The punishments for breach of prison rules and discipline should not be
inhuman and degrading, thus corporal punishment should not be administered to prisoners for it
43
has no penological justification in the modern era and “prisoners are sent to prison as a
punishment and not for punishment”. The denial of liberty to prisoners is enough and should not
be corroborated with other punishments during the period of incarceration.
c) Adequate Training for Prison Staff
For effective reformation and rehabilitation of prisoners, there is need to professionalize the
Uganda Prisons Service staff. The prison staff needs to be informed of the modern role of
prisons. The nature of the training itself needs to be reviewed and categorized according to the
duties an officer will be expected to perform. The correctional staff should be given a different
training in the field of correction from the custodial staff. The prison staff should also be trained
in the field of basic rights of prisoners so that they can be aware of the fact that effective
reformation and rehabilitation of prisoners is contingent upon respect of prisoners’ rights.
d) Effective Follow up of Prisoners after Release
There should be elaborate follow up programs for ex-prisoners to assess how they adapt to life
after prison. This calls for more financial support from the government to the N.G.Os that deal
with settlement of ex-prisoners in society. Ex-prisoners should also be organized in groups and
given grants to start up their own projects so as to put the skills they acquired from the prison
training into practice. Further, the prisons need to keep a record of details of prisoners to make
the follow up exercise easy. This can best be achieved by setting up ex-prisoners’ centers at least
in every district where people released can report in case they are stranded. They can be
informed of the respective centers when their release approaches. Local leaders too need to be
involved in the follow up process because they can easily report the challenges facing and
problem posed by ex-prisoners in the community.
d) Sensitization of the General Public
The public needs to be informed of the modern role of prisons in the reformation and
rehabilitation of prisoners. This is because there is misunderstanding among the populace of the
operation of some of the prison programs like remission of sentence. Sensitization will help to
reduce the stigma towards ex-prisoners by the public. This will make it easy for the process of
re-integration of ex-prisoners into the community, thus making the rehabilitation cycle complete.
44
e) Coordination of objectives among Criminal Justice Institutions
As it has been noted in chapter three, there is a conflict between the objectives of the criminal
justice institutions. The Uganda Prisons Service aims at reformation and rehabilitation of
prisoners while the courts seem not be in favour of the same. This can be observed from the idea
of remission of prison sentence. Therefore, if prisons are to effectively reform offenders, courts
and prison authorities should all coordinate their objectives to avoid a conflict. This will be
possible especially if there are in place elaborate principles upon which courts should base their
sentences, one of which should be reformation and rehabilitation of offenders.
5.3 CONCLUSION
The modern role of prisons is reformation and rehabilitation of prisoners. This is not only a sign
of civilization but a humane approach which has taken sway of the modern penological thinking
influenced by human rights conceptions. All governments are striving to control crime from a
more humane approach in dealing with offenders especially those under custody. This is a move
from the punitive way of dealing with offenders to a reformative and rehabilitative approach.
This has seen enactment of legislations to incorporate the concept of reformation and
rehabilitation of offenders. All agencies concerned with criminal justice are enjoined to have this
under consideration. The process of reformation and rehabilitation of prisoners is not limited to
prison walls, but starts from the police, to courts of law, to the prisons and ends with the general
community where offenders live as the ultimate destination. All these need to be brought aboard
the concept of reformation and rehabilitation of prisoners.
It is in this vein that the government of Uganda enacted the Uganda Prisons Act to provide
among others a legal framework for the reformation and rehabilitation of prisoners. The act is
elaborate on some aspects but inadequate and derogatory of international standards in some
aspects. Therefore, the objective of reformation and rehabilitation of prisoners in Uganda can be
well achieved if the recommendations suggested herein are taken into account by the
stakeholders. This will help in reducing the level of recidivism amongst prisoners.
45
SELECTED226
BIBLIOGRAPHY
Text Books
Adler Freda et al, Criminal Justice: The Core, Mc Graw Hill Companies Inc, New York, 1996.
Ayume Francis, J., Criminal Procedure and Law in Uganda, Longman Kenya Ltd, Nairobi,
1986
Bottoms, A., “The Aims of Imprisonment”, in Garland, D., (Editor), Justice, Guilt and
Forgiveness in the Penal System, Edinburgh, University of Edinburgh, 1990
Brown Douglas, Criminal Procedure in Uganda and Kenya, East Africa Publishing House
1965
Caldwell, R., Criminology, Ronald Press Company, New York, 1965
Cole George, F., The American System of Criminal Justice, 5th
Edition, Brooks/ Cole
Publishing Company, California, 1989
Duguit Stephen, Can Prisons Work? The Prisoner as Object and Subject in Modern
Correction, University of Toronto Press, Toronto, 2000
Foucault, M., Discipline and Punish: Birth of the Prison, Pantheon, New York, 1977
Fuller John, Criminal Justice: Mainstream and Cross-Currents, Prentice Hall, New Jersey,
2005
Garland, D., Punishment and Welfare: A history of penal strategies, Gower Publishing
Company, Great Britain, 1985
Harr Scott, J., and Hess Kalen, M., Constitutional Law and the Criminal Justice System, 3rd
Edn, Thomson Wadsworth, United States of America, 2005
Inciardi James, A., Criminal Justice, 2nd
Edition, Harcourt Brace Jovanovich, 1987
Jacobs, J.B., New Perspectives on Prisons and Imprisonment, Cornell University Press, 1983
Menninger, K., The Crime of Punishment, Viking, New York, 1969
Munakukaama Nsereko, J., Chapter 30, The Treatment of Prisoners in Africa,
http://www.crvp.org/book/Series02/II-10/chapter-30.htm (accessed on 19.11.2010)
226
This is ‘selected’ bibliography because it contains only major literature used. Other sources like cases and
Newspapers are not included here. They appear and are adequately cited in the footnotes on the respective pages.
46
Newman Donald, J., and Anderson Patrick, R., Introduction to Criminal Justice, 4th
Edition,
Randon House Inc
Nsimba Masamba-Sita et al, From Prison Back Home: Social Rehabilitation and
Reintegration as Phases of the Same Social Process (The Case of Uganda), 3rd
Edition,
UNAFRI, 2005
Pisciotta, W., Scientific Reform: The New Penology, Elmira, U.S.A, 1983
Quinney, R., Criminology, Second Edition, Toronto: Little, Brown and Company, 1979.
Samaha Joel, Criminal Justice, Second Edition, West Publishing Co. Los Angeles, 1991
Schmalleger Frank, Criminal Justice Today: An Introductory Text for the Twenty-First
Century, Prentice Hall Inc, Engle Wood Cliffs, New Jersey, 1991
Senna Joseph, J., and Siegel Larry, J., Introduction to Criminal Justice, 5th
Edn, West
Publishing Co., New York, 1990
Siegel Larry, J., Criminology, 8th
Edition, Thomson Wadworth, University of Massachusetts,
2003
Slattery Brian, A Handbook on Sentencing in Tanzania, East Africa Literature Bureau, 1972
Ten C.L., Crime Guilt and Punishment: A Philosophical Introduction, Oxford University
Press New York, 1987
Tomasic, R., and Dobinson, I., The Failure of Imprisonment, George Allen and Urwin Pty Ltd,
Australia, 1979
United Nations, Human Rights and Prisons: Manual on Human Rights Training for Prison
Officers: Professional Training Services, Number 11, New York and Geneva, 2005
Wrobleski Henry, M., and Hess Kalen, M., Introduction to Law Enforcement and Criminal
Justice, 3rd
Edn, West Publishing House, Newyork 1990
Journal Articles
Appleton, C., and Grover, B., “The Pros and Cons of Life without Parole”, Volume 47, British
Journal of Criminology, 2007
Charles David Phillips et al, “The Deterrent Effect of Incarceration”, in Whitaker Gordon, P.,
and Charles David Philips (Editors), Evaluating Performance of Criminal Justice Agencies,
Sage Criminal Justice System Annuals, Volume 19, SAGE Publications, 1983 (Pages 237-263)
Cid Jose “Is imprisonment criminogenic?: A comparative study of recidivism rates between
prison and suspended prison sanctions”, European Journal of Criminology, (2009) -
47
http://www.pfi.org/cjr/human-rights-documents/imprisonmentcriminogenic (Accessed 9th
January 2010)
Ddamulira Jamal Mujuzi, “The Evolution of the Meaning(s) of Penal Servitude for Life (Life
Imprisonment) in Mauritius: The Human Rights and Jurisprudential Challenges Confronted So
Far and Those Ahead”, Journal of African Law, Volume 53 Number 2, 2009, Pages 222 to 248
Ddamulira Mujuzi Jamal, “The Constitutionality of Different Types of Life Imprisonment
Suggested in the Criminal Procedure Act 2004” Namibia Law Journal, Volume 2 Issue 2 July
2010, Pages 111 to 120.
Ddamulira Mujuzi Jamal, “Why the Supreme Court of Uganda Should Reject the Constitutional
Court’s Understanding of Imprisonment for Life?” African Human Rights Journal, Volume 8
Issue 163 2008, Pages 180 to 185.
Dvoskin Joel, A., and Erin Spiers, M., “The Role of Correctional Officers in Prison Mental
Health”, Psychiatric Quarterly Journal, Volume 75, Spring 2004
Green Donald, P., and Daniel Winik, “Using Random Judge Assignments to Estimate the Effects
of Incarceration and Probation on Recidivism among Drug Offenders” Criminology Journal,
Volume 48 Number 2 2010 (Pages 357 to 387)
Lovell David et al, “Evaluating the Effectiveness of Residential Treatment for Prisoners with
Mental Illness”, Criminal Justice and Criminal Behavior, An International Journal, Vol. 28,
No.1 February 2001.
Marsden Mary Ellien and Orsagh Thomas, “Prison Effectiveness Measurement” in Whitaker
Gordon, P., and Charles David Philips (Editors), Evaluating Performance of Criminal Justice
Agencies, Sage Criminal Justice Annuals, Volume 19, SAGE Publications 1983, Chaptern8
(Pages 211-235)
Morris, S.M., et al, “Mental Health Services in United States Jails: A survey of Innovative
Practice”, Journal of Criminal Justice and Behavior, Volume 24, Number 3, October 1997,
Pages 3–19
Nsalasatta, D.S., “Information on the Uganda Prison Service”, The Uganda Living Law
Journal, Volume1, Number 1, June 2003, pages 128-130
Nsimba Masamba-Sita, “A promising Perspective for Prisoners in Africa: A more Community
Based Correctional System”, African Journal of Crime and Criminal Justice (AJCJ), a
Publication of UNAFRI, Volume 1 Issue Number 1 of September 2009
48
Omoni Grace Ego and Ijeh Scholastica, U., “Qualitative Education For Prisoners: A Panacea to
Effective Reformation and Reintegration into the Society”, Edo Journal of Counseling, Volume
2 Number 1 of 2010 page 30
Reidy Thomas, J., et al, “From Death to Life: Prison Behavior of Former Death Row Inmates in
Indiana”, Criminal Justice and Criminal Behavior, An International Journal, Vol. 28, No.1
Ray Jones, “A Coincidence of Interests: Prison Higher Education in Massachusetts”, Journal of
Prisoners on Prisons, Volume 4, Number 1 February 2006, Pages 62 to 82.
Rubin, E L., ‘The Inevitability of Rehabilitation’ Law and Inequality Journal Volume 19 Issue
Number 345 of 2001 Pages (56-96) P.61
Ryan Marion S., “Prisoners for Sale: Making the Thirteenth Amendment Case Against State
Private Prison Contracts”, William & Mary Bill of Rights Journal, Volume 18 Issue 1, 2009
available at http://scholarship.law.wm.edu/wmborj/vol18/iss1/10 (Retrieved on 27th November
2010)
Tanimu Bashir, “Nigeria Convicts and Prison Rehabilitation Ideals” Journal of Sustainable
Development in Africa, Volume 12 Number 3, 2010
Wormith Stephen and Mark Oliver, E., “Offender Treatment Attrition and its Relationship with
Risk, Responsibility and Recidivism”, Criminal Justice and Criminal Behavior, An
International Journal, Vol.29 No.4, August 2002.
Dissertations and Paper Presentations
Birungi Charles, “Community Service in Uganda as an Alternative to Imprisonment A Case
Study of Masaka and Mukono Districts”, Thesis Presented to the Institute for Social
Development Faculty of Arts, University of Western Cape, in partial fulfillment of the
requirement for the MA Degree in Development Studies , MAY 2005
Ddamulira Jamil Mujuzi, “Life Imprisonment in International Criminal Tribunals and Selected
African Jurisdictions-Mauritius, South Africa and Uganda”, A Thesis Submitted in Fulfillment
of the Requirements for the Award of the Degree of Doctor of Laws, Faculty of Law of the
University of the Western Cape, South Africa, 13th
May 2009
Etima Joseph, A. A., “Penal Reform: Enhancing Criminal Justice Reform Including Restorative
Justice”, Eleventh United Nations Congress on Crime Prevention and Criminal Justice,
Bangkok, Thailand, 18th
to 25th
April 2005, retrieved from
http://www.icclr.law.ubc.ca/Publications/Reports/11_un/Etima%20PENAL%20REFORM.pdf
49
Kinemo Ross, E.J., “Contemporary Tanzanian Penal Policy: A Critical Analysis”, A Paper
Presented at the Crime Conference, Organized by the British Institute in East Africa at
Naivasha Kenya, (Undated Paper), available at
www.tzonline.org/pdf/contemporarytanzanianpenalpolicy.pdf (Last accessed on 13th July 2010)
Kyasiimire, J.K., “Crime and Punishment: A case Study of Imprisonment in Uganda”. A
Research Paper Submitted in the Partial Fulfillment of Award for a Diploma in Law, Law
Development Centre Kampala, 1997
Lundeby Hilde, “Moldova’s Criminal Policy in the Transition to European Standards”, a paper
presented at Conference on Criminology, Held On 8 April 2008, in Palatul Republicii,
Chisinau, organized by the Ministry of Justice of the Republic of Moldova, the General
prosecutor of the Republic of Moldova, Institutul de Reforme Penale and the Norwegian Mission
of Rule of Law Advisers to Moldova available at
www.norlam.md/docs/ArneGunnar_adversarial_final_en.doc (last accessed on 26th June, 2010)
Masamba Sita, N., “The Uganda Prisons Act 2006: Implementation Framework and Emerging
Opportunities”, A Paper Presented at the National Prison Reform Conference, with the Topic,
Implementation of the Prisons Act, 2006: Challenges and Opportunities, from 16 – 18
March 2008, available at, http://www.docstoc.com/docs/5756592/THE-UGANDA-PRISONS-
ACT-2006, (accessed 27th
Feb. 2010).
Nkirote Rodha Igweta, “The African Commission on Human and Peoples’ Rights and the
Promotion and Protection of Prisoners’ Rights: An Analysis”, A Dissertation Submitted in
Partial Fulfillment of the Requirements of Degree of LLM (Human Rights and
Democratization in Africa), Faculty of Law University of Western Cape South African,
November 2008
Osisioma Nwolise, B.C., “Bridging the Funding Gap in Corrections: The Urgent need for
Increased Financial Vitamins in African Corrections Services”, Paper Presented At The
Biennial Conference of the African Correctional Services Association, held in Accra, Ghana,
September 13-17, 2010, Pg 3 available at
http://www.dcs.gov.za/acsa/Conf%20Papers/ACSA%20BIENNIAL%20CONFERENCE%20Bridging%20the%20fu
nding%20gap%20in%20Corrections%20PROF%20NWOLISE.doc (Accessed on 19. 11. 2010)
50
Waruguru Kaguongo, “Prisoners’ Rights: The Role of National Human Rights Institutions in
Africa”, A Dissertation Submitted in Partial Fulfillment of the Requirements of the Degree
LLM Human Rights and Democratization in AFRICA, Political Science Department,
American University in Cairo, Cairo, Egypt, November 2003
Westminster Advisers White Paper, Prisoner Rehabilitation and Offender Management,
April 2010 available at http://www.westminsteradvisers.co.uk/assets/resources/criminal-justice-
system-wa-white-paper-april-2010.pdf (Retrieved on 27th November 2010)
Commission Reports
Justice, Law and Order Sector (JLOS), Strategic Investment Plan II 2006/7-2010/11,
Consolidating Gains and Enhancing Impact, Final Draft August 2006.
Law Justice and Order Sector, Census of Prisoners in 48 Central Government Prisons, 30th
September, 2007.
Republic of Uganda, Ministry of Internal Affairs, Ministerial Policy Statement Report for the
Financial Year 2009/2010, Read in Parliament by A.M Kirunda Kivejinja, 3rd
Deputy Prime
Minister and Minister of Internal Affairs Uganda available at www.mia.go.ug (accessed on 10th
April 2010)
Uganda Human Rights Commission, 11th
Annual Human Rights Report, Presented to the
Parliament of the Republic of Uganda, 2008
Uganda Human Rights Commission, 12th
Annual Human Rights Report, Presented to the
Parliament of the Republic of Uganda, 2009
Uganda Prisons Service, Project on Rehabilitation of Prisoners in Uganda Report, 2006
Uganda Prisons Service, Prisoners’ Reintegration Project Report, 2007
List of Websites
www.kenyalaw.org Kenya Law Reports.
www.uhrc.org Uganda Human Rights Commission.
www.ups.co.ug Uganda Prisons Service.
www.namibialawjournal.org Namibia Law Journal.
www.prisonstudies.org International Centre for Prison Studies.
www.ulii.org Ugandan Laws and Unreported Cases.
51
www.google.com Google Search Engine.
www.unafri.or.ug United Nations African Institute for Prevention of Crime and the Treatment of
Offenders (UNAFRI).
52
APPENDICES
Appendix A (Questionnaire for Prison Officers)
UNIVERSITY OF DAR ES SALAAM
SCHOOL OF LAW
My name is Mpata Kalid, a student at the University of Dar es Salaam. I am carrying out
research on the topic; The Reformative and Rehabilitative Role of Prisons in Uganda: The
Law and Practice. I humbly request that you fill out this questionnaire by honestly answering
the questions below. Tick or circle the correct answer where options are provided. All the
information received is strictly for academic purposes only and your anonymity is guaranteed.
Feel free to leave blank a question that you are not in position to answer or not comfortable with.
Thank you in advance.
1. What is your name?.......................................................................................................................
2. What is your position?...................................................................................................................
3. What are your duties?....................................................................................................................
………………………………………………………………………………………………………
………………………………………………………………………………………………………
4. For how long have you worked with the Uganda Prisons Service?.............................................
5. What was the nature of your training and what aspects did it cover?
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
6. What are the challenges you have faced in your duties?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
7. Do you think your training has helped you to cope with the above challenges?
a) Yes b) No
8. If your answer above was No, what do you think should be done in order to solve the
challenges that you face?...................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
9. Are there refresher courses in the Uganda Prisons Service?.........................................................
10. What is your perception towards prisoners?
a) As offenders who have come to prison to serve a punishment.
b) As community outcasts who deserve strict confinement and punitive punishment to save the
community from more crimes.
c) As offenders who need to be reformed and rehabilitated so that they return community as
law abiding citizens.
53
11. Do you think recidivism is a problem among ex-prisoners in Uganda?......................................
12. If your answer in 11 above was yes, how would you rate the level of recidivism in Uganda
among ex-prisoners?
a) Very high (50% and above) b) Moderate (40%-49%) c) Low (39% and below)
13. Are you aware of programs in the prison aimed at the reformation and rehabilitation of
offenders?
a) Yes b) No
14. If your answer in 13 above is yes, list some of these programs below.
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
15. In your opinion, do you think these programs have helped prisoners get reformed?
a) Yes b) Not effectively c) Not at all.
16. If your answer in 15 above was (b) or (c) why do you think these programs have failed to
rehabilitate and reform offenders?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
17. What do you think should be done to improve on the effectiveness of these reformatory
programs, if your answer in 15 above was (b) or (c)?
........................................................................................................................................................
........................................................................................................................................................
54
Appendix B (Questionnaire for N.G.Os)
UNIVERSITY OF DAR ES SALAAM
SCHOOL OF LAW
QUESTIONAIRE (For Prison Non-Governmental Organizations)
My name is Mpata Kalid, a Bachelor of Laws student at the University of Dar es Salaam. I am
carrying out research on the topic, The Reformative and Rehabilitative Role of Prisons in
Uganda: The Law and Practice. I humbly request that you fill out this questionnaire by
honestly answering the questions below. Fill in the blank spaces or circle/tick the appropriate
answer where applicable. All the information received is strictly for academic purposes only and
your anonymity is guaranteed. Feel free to leave blank a question that you are not in position to
answer or not comfortable with.
1. What is your name?.......................................................................................................................
2. Name of the Organization?............................................................................................................
3. What is your position in this organization?...................................................................................
4. For how long have you worked with this organization?................................................................
............................................................................................................................................................
5. What are your duties and responsibilities in this organization?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
6. What are the major activities of this organization?......................................................................
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
7. At what stage does your organization help the prisoners?
a) While in Prison b) After release c) All stages
8. What do you think are the problems faced by prisoners and ex-prisoners in prison and after
release respectively?
a) Prisoners.........................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
b) Ex-prisoner....................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
9. What programs, if any, are in place within your organization to help prisoners and ex-
prisoners cope with life in and after prison respectively?
a) Prisoners.........................................................................................................................................
55
............................................................................................................................................................
............................................................................................................................................................
b) Ex-Prisoners...................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
10. What challenges do you face in the implementation of the above programs?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
11. How have your managed to cope up with the above problems?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
12. In your opinion, how would you rate the impact of imprisonment on the reformation and
rehabilitation of offenders committed to prison?
a) Reformatory and rehabilitative b) Moderate c) Makes inmates worse offenders than they
were before imprisonment
13. Do you know of the existence of any programs in the prison aimed at the reformation and
rehabilitation of offenders?
a) Yes b) No
14. If your answer in 13 above is yes, list some of these programs below.
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
15. In your opinion, do you think these programs have helped prisoners get reformed?
b) Yes b) Not effectively c) Not at all.
16. If your answer in 15 above was (b) or (c) why do you think these programs have failed to
rehabilitate and reform offenders?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
17. What do you think should be done to improve on the effectiveness of these reformatory
programs, if your answer in 15 above was (b) or (c)?
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
56
Appendix C (Questionnaire for Ex-prisoners)
UNIVERSITY OF DAR ES SALAAM
SCHOOL OF LAW
My name is Mpata Kalid, a student at the University of Dar es Salaam. I am carrying out
research on the topic, The Reformative and Rehabilitative Role of Prisons in Uganda: The
Law and Practice. I humbly request that you honestly answer the questions below by providing
the relevant information. All the information received is strictly for academic purposes only and
your anonymity is guaranteed. Feel free not to respond to a question that you are not in position
to answer or not comfortable with. Thank you in advance.
1. What is your name (Optional)?......................................................................................................
2. How many times have you been sentenced to prison?
a) Once b) Twice c) More than twice (specify)......................................
3. How long was your first sentence of imprisonment?.....................................................................
4. What was the offence for which you were imprisoned?
i) At first...................................................................................................................................
ii) The second time (where applicable)…..................................................................................
iii) The subsequent times (where applicable)..............................................................................
5. What was your level of education at the time of your first imprisonment?
a) None b) Primary c) Secondary d) Advanced Level e) Tertiary f) Others (specify)......................
6. Were you employed at the time of your first imprisonment?
a) Yes b) No
7. If your answer in 6 above was yes, what was your main occupation?.........................................
8. How can you describe your feeling on the first day of being admitted to prison?
a) Deeply shocked and surprised b) Sorrowful and regretful
c) Indifferent d) others specify...................................................................................
9. If you were admitted to prison for another time, how can you describe the feeling upon
readmission to prison?
a) Deeply shocked and surprised b) Sorrowful and regretful
c) Indifferent d) others specify...................................................................................
10. What was the impact of imprisonment on your life?
a) Reformatory and Rehabilitative b) Influences criminal behavior c) None
11. If your answer in 10 above is a), name some of the reformatory and rehabilitative programs
in prison….........................................................................................................................................
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
12. What was the impact of imprisonment and its programs on your education and occupation?
57
a) Education...............................................................................................................................
................................................................................................................................................
b) Occupation.............................................................................................................................
................................................................................................................................................
13. Do you think the reformative programs in prison helped you to get reformed?
a) Yes b) To some extent c) Not at all
14. If your answer is b) or c), what do you think are the challenges to effectiveness of these
programs?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
15. What do you think should be done to achieve full reformation of prisoners using these
programs?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
16. What were the major challenges you faced upon release from prison?
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
17. How did the respective prison programs help you overcome the above challenges?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
58
Appendix D (Questionnaire for General Public)
UNIVERSITY OF DAR ES SALAAM
SCHOOL OF LAW
My name is Mpata Kalid, a student at the University of Dar es Salaam. I am carrying out
research on the topic; The Reformative and Rehabilitative Role of Prisons in Uganda: The
Law and Practice. I humbly request that you honestly answer the questions below by providing
the relevant information. All the information received is strictly for academic purposes only and
your anonymity is guaranteed. Feel free not to respond to a question that you are not in position
to answer or not comfortable with. Thank you in advance.
1. Name (Optional)…………..…………………………………..……………………………
2. What is your occupation?.......................................................................................................
3. Do consider recidivism to be a problem amongst ex-prisoners in Uganda?..........................
4. How would you rate the level of recidivism amongst ex-prisoners in Uganda?
a) Very high (50% and above) b) Moderate (40%-49%) c) Low (39% and below)
5. What is your attitude towards prisoners and ex-prisoners?
a) Criminals who deserve to be cast away into strict confinement for all their sentences,
b) As deviants who need to be reformed while in prison so that they become law abiding
citizens.
6. What do you think is the role of prisons in relation to offenders?
a) Reformation and rehabilitation,
b) Retributive institutions that should be used to punish prisoners for their offences.
7. If your answer in 6 above was a), do you know of the existence of some programs in
prisons for reformation of prisoners?
a) Yes,
b) No.
8. If your answer in 7 above was yes, list some of these programs below.
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
9. Do you think these programs have helped in the reformation of prisoners?
a) Yes,
b) No
10. Suggest some measures to ensure that these programs help in reformation of offenders if
your answer above was No.
………………………………………………………………………………………………
………………………………………………………………………………………………
11. Do you know about remission of prison sentence?
a) Yes, b) No
59
12. If your answer in 11 above was yes, what is your perception towards remission of prison
sentence?
a) It encourages prisoners to be remorseful and ready to reform,
b) It encourages prisoners to act like they are reformed and secure an earlier release so
that they continue their criminal tendency so it should be removed,
c) It is a scapegoat by the prison authorities to ensure that offenders do not serve their
sentences as pronounced by the courts because they fear overcrowding in prison so it
should be removed.
