Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015 with adults. The Samoan Government ensure that the Samoan Prisons and Corrections Service immediately apply the classification process of prisoners, as established under the Prisons and Corrections Regulation 2014. 11.2 Hygiene and good health 89. The NHRI has serious concerns that the government is failing to meet its obligations under Article 39 of the Convention in relation to hygiene and health at the Oloamanu Juvenile Detention Centre. At the time of the Oloamanu inspection there were two toilets, two showers and one sink in each house. Due to a water shortage these facilities were not in use and detainees were required to use an outside shower and go to the toilet in a field. Water shortages at the facility were reported to be ongoing and of a serious nature. It was found that detainees had previously gone two months without water and had to survive only on coconuts and without any showers or toilets. This water shortage had also led to a decline in kitchen hygiene standards and a subsequent outbreak of frequent gastro intestinal illness among detainees. This directly contravenes Rule 37 of the Havana Rules . 90. The NHRI believes that the standard of medical care within Oloamanu Juvenile Centre is inadequate and is in direct breach of Rules 49 to 55 of the Havana Rules. Detainees within Oloamanu are not given a medical inspection upon arrival at the facility, as per Rule 50, and there is no ongoing medical record keeping. There is no medical clinic within the facility, nor a first aid kit to cater for any minor injuries or illness. Detainees must provide their own first aid items or ask the guards for them. On the day of the Inspection there was one prisoner with a swollen boil on his leg for which he had received no medical treatment. Further, prison staff are currently not provided with awareness-raising on child development and basic training on the health care of children in accordance with Rule 33 (3) of the Bangkok Rules. Finally, there is no separate accommodation for prisoners who are suffering from ill-health, mental disorder or disability, nor process for treating prisoners with mental disorders, as per Rule 53 of the Havana Rules. The facility lacks the resources and training to be able to meet these requirements. Additional funds should be provided to the Samoa Prisons and Corrections Services to address these deficiencies. 91. The NHRI is also concerned about the health of infants within the women‘s facility at Tafaigata prison. Whilst the NHRI commends the government in allowing incarcerated mothers to stay with their infant child whilst in prison111, the accommodation is not a fit and proper place to raise babies. There is insufficient space to be shared by the mothers and the possibility of illness for babies via infection from sick detainees is high. This was evident on the day of the inspection when it was observed that one baby had a skin condition. Furthermore, there is no proper bedding or nursery for the babies. The NHRI believes that plans for the development of a new prison facility to be built in 111 See Rule 49 of the Bangkok Rules 29

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