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
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