a. According to Ms. Wachira, Africa does have a traditional justice
system prior to the modern justice system. Currently, the judicial
system especially in Kenya is encouraging the use of alternatives to
dispute resolution which are looking beyond the formal processes.
b. Ms. Wachira further elaborated that Justice Defenders had managed
to successfully engage in Alternative Dispute Resolution (ADR) which
are mostly mediations where prisoners who were involved in
violence or petty crimes may negotiate with complainants for
example if one is charged of stealing his neighbour’s chicken, Justice
Defenders would bring the offender to meet with the victim to return
the stolen object and to apologise so the offender will be released
from prison through this kind of agreement. Justice Defenders is
looking further into customary law and other resolutions beyond
incarceration such as community service (except for sexual offences)
to reduce overcrowding in prisons.
II.
Ms. Yoges, Malaysia stated that discussions are focused on the Mandela
and Bangkok Rules which generally refer to the treatment of both men and
women in prisons. However, there is also the existence of the third gender
in prisons. She raised her concern about how far the rights of the third
gender is recognised by authorities in the prison reform agenda. Are there
any countries which recognises the rights of third gender prisoners in
prisons?
Ms. Sharma in addressing the question mentioned that there are ongoing
efforts by the Department of Rights and Liberties, Ministry of Justice,
Thailand who in cooperation with the United Nations Development
Programme (UNDP) have conducted an internal review of the management
of transgender inmates in selected prisons. Among the findings, they found
that correctional officers, often lack of knowledge about transgender issues,
resulting in increased stigmatisation and stereotyping of transgender
inmates.
In 2018, there was a correctional workshop for correction officials conducted
jointly by the Department of Corrections, Ministry of Justice, Thailand,
UNDP, and Inspire Project in Thailand which addressed core issues related to
sexual orientation, gender identity and expression, and challenges faced by
transgender prisoners. As far as Ms. Sharma was concerned, whether in 2019
or 2020 the Department of Corrections, Thailand has actually developed a
set of guidelines to improve the management of transgender prisoners in
Thailand. Having said that, Ms. Sharma stated that there is a long way for
everyone to go when addressing the issues of third gender or people with
different sexual orientation and gender identity. She further said that there
is no one jurisdiction or country that has implemented what can be called as
good practice to address all issues faced by transgender prisoners.
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