In addition to the response by Mr. Tanaka, Ms. Sharma mentioned that there
are a number of human rights instruments both international and regional
containing provisions relating to prison officers and their working conditions.
They outline requirements for example the selection process of prison staffs,
recruitment, standards, adequate remuneration, and benefits. These are
provisions founded in Mandela and Bangkok Rules, Rules for the Protection
of Juveniles, basic principles in the use of force and firearms for law
enforcement officials, international treaties such as the Convention of the
Elimination of Discrimination Against Women (CEDAW) and the International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
There are references to provisions to ensure safety and security as well as a
level of expertise of prison officials and staffs and basic prerequisite of them
having both technical and substantive knowledge in prison management.
IV.
Mr. Ganesan, National Anti-Drug Agency, Malaysia had raised a question
about guidelines on the management of transgender prisoners in prison or
places of detention.
Ms. Verma reiterated that the Mandela Rules do not explicitly spell out
transgender prisoners.66 However, they recognise the principle of nondiscrimination and that she would be happy to guide the audience through
provisions, rules and standards that refer or address the rights of
transgender people in prisons,67 but she fears that it will take the entire
session by itself. She expressed her willingness to connect with the audience
after the discussion to find some way of looking at good practices applied in
jurisdictions and where specific references be made to address needs and
challenges and identity of transgender people.
V.
Ms. Celia, Department of Prison, Malaysia addressed her question to Ms.
Wachira about paralegals among prison inmates to assist other inmates
regarding legal matters. What made Justice Defenders come up with the
idea to train paralegals among prison inmates in Kenya?
Ms. Wachira in her response said that Justice Defenders work closely with
the Prison Service, Kenya. Earlier in 2010, a minister in-charge of the prison
department came out with the open-door policy which allowed NGOs to
offer various services to prisons so the Prison Service, Kenya is very open to
NGOs contributing or offering services to prisons. Justice Defenders conduct
interviews and trainings for both inmates and prison officers and facilitate
digital justice or virtual quotes. According to Ms. Wachira, more prisons can
be trained with virtual trainings.
66
At the time when Mandela Rules were drafted and followed by the Bangkok Rules, the question of different
identity or sexual orientation were not even considered at that point of time. Keeping in mind that it was drafted
during a time when the majority of the prison population being male.
67
There are the Yogyakarta Principles and other UN Standards and Guidelines which look at ensuring and
promoting access of justice for individuals regardless of their sexual orientation and gender identity.
35