As children die in detention, the state `struggles’ with overcrowding

May 21, 2023 by Leave a Comment

On Wednesday, May 17, Anadith Tanay Reyes Alvarez, an eight-year-old girl born in Panama to Honduran parents, died while in U.S. border custody. She had been detained for a week — more than twice the amount of time the government generally aims to hold migrants, particularly children. On Wednesday, May 10, Ángel Eduardo Maradiaga Espinoza, a 17-year-old Honduran boy died in U.S. border custody. Here’s how these tragedies were described: “In the past week the authorities have struggled with overcrowding at border facilities.” “In recent weeks the U.S. has struggled with large numbers of migrants coming to the border.” Authorities have struggled? The U.S. has struggled? What about Alvarez’s parents, who now call for justice, who now struggle to remind the world, “My daughter is a human being, they had to take care of her”. What about Espinoza’s mother, Norma Saraí Espinoza Maradiaga, who struggles to get answers, “I want to clear up my son’s real cause of death. No one tells me anything. The anguish is killing me. They say they are awaiting the autopsy results and don’t give me any other answer.” Stories matter. How stories are told matters. Nation-states with overcrowded prisons, jails, juvenile detention centers, immigrant detention centers do not `struggle’ with the overcrowding. If they did, they would do more than take timid steps to `address overcrowding’. They would end the everywhere-to-prison pipelines that crisscross the globe. Consider the last month of overcrowding, in no special order, as an example. And here, though obvious, it must be said these reports are only from places that actually allow any sorts of reporting.

In London, Ontario, the province settled a $33 million lawsuit concerning the conditions in London’s Elgin Middlesex Detention Centre, built for a maximum of 150 people, often holding as many as 500.

In the Indian state of Bihar, 59 jails, including eight central prisons, are built for a maximum of 47,750 people. Currently, they hold 61,891 people, described as “languishing” while the state “struggles with overcrowding”. Meanwhile, the Amphalla jail, in Jammu, “against a holding capacity of 426 prisoners has more than 700 inmates”.

Cyprus’s prisons, with a maximum capacity of 100, hold 146 people, making it the most overcrowded prison in Europe. After Cyprus, in descending order, come Romania, France, Greece, Italy, Sweden, Croatia, Denmark. French prisons are designed to house at most 60,899 people. As of April 1, they housed 73,080. At 120% of capacity, that’s “an all-time record”.

In late April, in Ireland, the Dóchas Centre, built to hold no more than 105 women, housed 170 women – 162% of its original capacity. Remember the 2021 Chaplains Report on the Dóchas Centre “being used as a dumping ground”? Two years later, the state is still `struggling’.

The UN Subcommittee on Prevention of Torture visited Madagascar prisons, for the first time, and found many were “close 1000% …. With half of its prison population in pre-trial detention, Madagascar should reconsider its criminal policies and enact urgent measures, including alternatives to imprisonment, to reduce this grave level of overcrowding that constitutes cruel, inhuman and degrading conditions of detention, contrary to international law standards.”

On Friday, May 19, Zimbabwe started releasing 4000 incarcerated people. Why? With a capacity of 17,000, Zimbabwe’s prisons house over 20,000 people. Uganda was `shocked’ to learn, this week, that its prisons, with a maximum capacity of 20,036 people, currently holds 74,444 people, or an occupancy rate of 371.6%: “With the rising numbers, prison authorities are struggling to feed their daily average of 81,729 prisoners”. Authorities are struggling, incarcerated people are starving.

Kenya’s prisons at more than 200% capacity. As elsewhere, as pretty much everywhere, there aren’t enough beds to go around. People are sleeping on the floor. The answer? A new campaign: “One prisoner, one bed, one mattress”. Interior Principal Secretary in the State Department for Correctional Services Mary Muthoni is looking to acquire 60,000 mattresses and beds to address the floor sleeping crisis. This is how the state `struggles’. Meanwhile, more than 10,000 incarcerated people are serving sentences of less than three years, and 41% of the prison population are bailable remand incarcerated people. They are people who have not been tried but cannot afford bail. In Nigeria, where 82 correctional centers are over capacity, 80% of those incarcerated are awaiting trial.

When an eight-year-old girl or a 17-year-old boy dies in an overcrowded detention center; when hundreds of thousands of people are starving in overcrowded prisons and jails; when hundreds of thousands of people are sleeping on the bare floor; when millions are locked down for days; the story is not that the state is struggling. The story is torture. End torture now. Stop sending people to prisons, jails, juvenile detention centers, immigrant detention centers.

(By Dan Moshenberg)

(Photo Credit: The Guardian / Tannen Maury / EPA)

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With astronomical eviction numbers and nowhere to go, British Columbia “returns to normal”

May 16, 2023 by 1 Comment

The Balanced Supply of Housing Research Cluster at the University of British Columbia released a report last week, “Estimating no-fault evictions in Canada: Understanding BC’s disproportionate eviction rate in the 2021 Canadian housing survey”. Looking at data from the 2021 Canadian Housing Survey, researchers wanted to find out eviction rates, reasons for evictions, and what happened in the first period of the Covid pandemic. On all counts, British Columbia scored the highest, or failed the most profoundly, depending on one’s perspective. Between April 2016 and early 2021, 10.5% of B.C. renter households reported being forced to move, compared with the national rate of 5.9%. At some level, none of this was surprising or new, since British Columbia has consistently led the nation in evictions. What was new is this: “British Columbia’s high eviction rate is driven by higher rates of no-fault evictions …. 85% of evictions reported by renter households in British Columbia in the five years prior to data collection were no-fault evictions.” Paid your rent on time, the landlord never had any issues with you, you were an ideal tenant? Who cares? You’re out. And not only are you out, you have nowhere to go. They call that market-forces justice.

Here’s more market forces justice. Most provinces had some sort of eviction ban during the Covid pandemic, and yet the number of evictions remained relatively stable. How can that be? According to the report, there are at least two reasons. First, once the bans were lifted, eviction processes were “accelerated”. Second, “despite all the eviction bans that were implemented, at least 38,900 – 68,080 renter households were evicted during the first year of the pandemic in Canada.” Were landlords punished for these evictions? No. That too is market-forces justice.

In British Columbia, there is rent control for those who living in a unit. There are no controls or limits on how much a landlord can charge a new tenant. There are no real controls on no-fault evictions. A landlord simply has to claim they want to sell, inhabit, renovate, repair, or demolish the property. There’s no requirement of proof of any kind. Many of those who were evicted report that their former homes remain vacant for months, even years, afterwards. There’s no enforcement because there’s nothing to enforce.

Fiona Scott lives in Vancouver. In the past decade, she endured three no-fault evictions. The last one was over a year ago. The unit she used to call home remains vacant to this day. Meanwhile Fiona Scott lives in a much smaller apartment, for which she pays $500 more a month, and so has had to take on extra work. “You have an emotional connection to your house, it’s your safe space… and then all of a sudden it’s gone. It wasn’t an emotional journey I was prepared for.”

Linda de Gonzalez is a 70-year-old pensioner who has lived in her apartment for 20 years. This year the landlord raised the rent 43%, starting in June. But what about rent control? The landlord said that if de Gonzalez didn’t accept the exorbitant increase, he’d sell the unit. Again, there’s no requirement of proof. “It really was utterly and completely devastating. I literally felt my stomach fall out. I just sat on the floor and I cried and I cried and I cried. And I kept thinking what am I going to do? I have nowhere to go.” I have nowhere to go.

A second report, issued by Vancouver’s First United Church Eviction Mapping Project, found that 27% of evicted people had not found a place to live. 45% of Indigenous respondents had not found a place to live. 31% of people of color had not found a place to live. 34% of people living with disabilities had not found a place to live. For those in the lowest income bracket, 53% had not found a place to live. “People with an annual income of less than $50,000 were almost three times as likely to become homeless than those with an annual income of over $50,000.” Meanwhile, 12% of those earning more than $50,000 a year had not found a place to live. Of those who did find somewhere to live, for most it had to be in a new neighborhood, meaning no support systems. 80% of evicted residents reported neighborhood displacement. For evicted Indigenous residents, that was 91%.

The report notes, “For many evicted tenants, homelessness was long-term as they struggled to find a way back into the rental housing market amidst massive increases in the amount of rent landlords are charging.” Homeless was, and is, long-term.

As Anne Waldman once wrote,

“it is error it is speculation it is real estate

      it is the villain and comic slippery words

            the work of despotic wills to make money”

Nowhere to go, nowhere to go, nowhere to go.

(By Dan Moshenberg)

(Infographic: The University of British Columbia)

 

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The week in which “the surge of immigrants” did not occur and somehow that was news

May 13, 2023 by Leave a Comment

The Sulphurous Hail
Shot after us in storm, oreblown hath laid
The fiery Surge, that from the Precipice
Of Heav’n receiv’d us falling, and the Thunder,
Wing’d with red Lightning and impetuous rage,
Perhaps hath spent his shafts, and ceases now
To bellow through the vast and boundless Deep.

John Milton, Paradise Lost, Book One

The print edition of today’s Washington Post leads off with a five-column, almost banner, headline, in large bold letters: “At the border a reset but no surge”. In the United States this week, with the declared end of the Covid emergency came the end of Title 42, a Trump era cruelty which barred entry into the United States on the grounds of maintaining health protocols (where have we heard that before?). That meant that starting yesterday, the country could anticipate a `surge of migrants crossing the border’. This was not the language of rabid far right nationalists. This was the language of the mainstream press, and so, perhaps, worth noting. CNN, May 10: “Hundreds of US troops are set to begin a new mission along the southern border Wednesday as officials and a surge of migrants brace “for the unknown” after a Trump-era border restriction expires late Thursday.” PBS New Hour, May 11: “The city of San Jose is preparing to welcome a significant influx of immigrant families in the coming weeks as Title 42 expires, creating a surge in immigration along the United States’ southern border.” New York Times, May 11: “In San Diego, some had been waiting in the same spot for days. State officials are concerned that a major surge in migrants could overwhelm homeless shelters and hospitals not just in the city, but across California.” Yesterday, May 12, The New York Times tried to explain that “surge” is a term of art: “On some days this past week, more than 11,000 people were apprehended after crossing the southern border illegally, according to internal agency data obtained by The New York Times, putting holding facilities run by the Border Patrol over capacity. Over the past two years, about 7,000 people  were apprehended on a typical day; officials consider 8,000 apprehensions or more a surge.”

Words have meanings, and some words have ideological power. Often – as in the case of stampede or bruntor surge – the power of the word outweighs and obscures the word’s supposed meaning or content. What do you see, what do you feel, at the invocation of a surge? A surge is a force of nature: “A high rolling swell of water, esp. on the sea; a large, heavy, or violent wave; a billow.” Large. Heavy. And most significantly and ominously, violent.

People do not constitute a surge. People never constitute a surge. There never was going to be surge at the border, unless the Rio Grande suddenly exploded. There could have been and there still might be an increase in the number of people, fellow human beings, applying for asylum. That is not a surge. That the government, irrespective of which regime we are in, considers one number a trickle and one number a surge and, who knows, another number a tsunami is not so much irrelevant as dangerous and should be called out and rejected. The news media should be called out as well for passing the term off as somehow neutral. It is not.

(By Dan Moshenberg)

(Image Credit: “Surge” by Rachel Leising So0)

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Aisha Cleary’s mother gave birth, alone, crying for help. No one came. HMP Bronzefield … again

May 4, 2023 by 1 Comment

In England, INQUEST “is the only charity providing expertise on state related deaths and their investigation to bereaved people, lawyers, advice and support agencies, the media and parliamentarians.” On Tuesday, May 2, INQUEST issued a media release which begins thus: “Aisha Cleary was born during the night of 26 September 2019. She was found dead on the morning of 27 September after her mother, a highly vulnerable 18 year old care leaver, gave birth alone in a prison cell in HMP Bronzefield in Ashford, Surrey – the largest women’s prison in Europe. Now an inquest will open into her death after her mother persuaded the coroner to examine the circumstances of Aisha’s death and whether any failures in the care provided to Aisha’s mother or to Aisha contributed to her death.” Another inquest, another report, another slew of `discoveries’ concerning the abysmal, cruel, inhumane conditions at HMP Bronzefield, the largest women’s prison in Europe. What does it take for the State to admit that a prison is a death sentence and not only should be but must be shut down?

In 2021, we wrote, “ On September 27, an 18-year-old woman, now known as Ms A, alone in her cell, gave birth to a child. The child, now known as Baby A, died. The Director said, “We are supporting the mother through this distressing time and our thoughts are with her, her family and our staff involved.” Sodexo claimed it was “undertaking a review”. At first, the Prisons & Probation Ombudsman, supposedly the agency that investigates deaths in prisons and detention centers, did not conduct an investigation. Surrey Police investigated the death, because it was “unexplained.” End of story. HMP Bronzefield, In Surrey, England, was then and is today England’s and Europe’s largest women’s prison. Last week, two years later, the Prisons & Probation Ombudsman finally issued a report, which demonstrated that absolutely nothing has been learned.”

You know what has been learned in the intervening two years? Baby A was named Aisha Cleary. That’s it. Everything else is opacity, mendacity, cruelty.

In 2017, Petruta-Cristina Bosoanca was pregnant and a prisoner in HMP Bronzefield. Petruta-Cristina Bosoanca gave birth alone, unattended, in her cell. Her child survived. What happened to care provision in the four years since Petruta-Cristina Bosoanca gave birth? Absolutely nothing. In 2010, the Chief Inspector of Prisons found that HMP Bronzefield was a nightmare, especially for women with “complex needs”, meaning women living with drug or alcohol addiction, PTSD, and a long list of other mental and physical health issues. There was no treatment, there was no attempt at treatment, there was only solitary confinement, for years on end. When the Chief Inspector returned to HMP Bronzefield in 2013, he noted, “We were dismayed that the woman who had already been in the segregation unit for three years in 2010 was still there in 2013.” We were dismayed.

In 2021, the Prisons & Probation Ombudsman found “Ms A gave birth alone in her cell overnight without medical assistance. This should never have happened.” The report goes on to describe “wider findings”: “We consider that all pregnancies in prison should be treated as high risk by virtue of the fact that the woman is locked behind a door for a significant amount of time. In addition, there is likely to be a higher percentage of ‘avoidant’ mothers who have experienced trauma and who are fearful of engaging with maternity care.”

That was two years ago. Since then … the refusal to address any of these issues yet another articulation of the spectacularly ordinary cruelty of routine State violence against women. Here’s another example of that cruelty , from the 2021 report: “Ms A did not receive the routine bereavement and practical support that would normally be provided to a bereaved mother by the child death review nurse for Surrey.” Those who have already been stripped, time and again, of dignity do not receive bereavement support. An 18-year-old woman, traumatized throughout her youth and adolescence, abandoned in a cell, the cell covered in blood, received no sympathy or concern. What else is there to say?

What else is there to say? The coroner will determine if there were `failures’. There were no failures. HMP Bronzefield has always worked like this, and continues to do. The failure, if that’s the right word, was sending a pregnant woman to jail. Stop sending pregnant women to detention, to prisons, jails, and immigrant detention centers. At the same time, shut down the prisons, starting with HMP Bronzefield. Begin the journey towards justice by closing the largest women’s prison in Europe.

(By Dan Moshenberg)

(Photo Credit: SurreyLive)

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Domestic workers are organizing. Call them, simply, workers

May 1, 2023 by Leave a Comment

 

Lebanon 2023

“Yesterday was May 1, 2011. Around the globe, millions marched. Among the workers marching were sex workers, domestic workers, other denizens of the informal economy. Today is May 2, 2011. What are those workers today? Are they considered, simply, workers or are they `workers’, part worker, part … casual, part … informal, part …shadow, part … contingent, part … guest? All woman, all precarious, all the time.” Today is May 1, 2023. What will tomorrow bring for sex workers, domestic workers, care workers, and other denizens of the informal economy? Twelve years later, after so much organizing, where exactly, and who exactly, are we?

Much has happened over the past twelve years, and much has remained the same. Nation-states have recognized domestic workers as formal, or actual, workers. On June 16, 2011, the ILO ratified the ILO Convention Concerning Decent Work for Domestic Workers, which came into force on September 5, 2013. In 2013, the ILO estimated the Convention could affect the lives of 53 million domestic workers, not including child domestic workers. At that time, the ILO estimated there were 10.5 million children working as domestic workers. Those numbers have only grown in the interim. At last count, 39 countries have ratified ILO Convention 189. Many more have not, including France, the United Kingdom, and the United States. Spain ratified this year.

Recently, The Monitor, in Uganda, has been running a series entitled “Maid in Middle East”, focusing on individual stories of Ugandan workers difficult lives, and often tortured deaths, as workers in various countries across the Middle East. From 2016 to 2021, approximately 24,100 Ugandans, mostly women, went each year to work in the Middle East. In 2022, that number was just shy of 85,000. Meanwhile, today, according to The Monitor, seven out of ten employed Ugandans work without a contract or any job security. As Filbert Baguma, General Secretary of Uganda National Teachers’ Union, UNATU, today noted, “We don’t have what to celebrate because workers continue to be marginalised as their employers pretend to be paying them. If you pay me whatever you want and you continue to use words like, you can take it or leave it and go, be patient, up to when?’’ Up to when? Uganda has not ratified ILO Convention 189.

Across the world, workers and allies have protested various forms of abuse, exploitation, and violence. Domestic workers have figured prominently in some of those demonstrations, in others, not so much. In Hong Kong, 340,000 so-called migrant domestic workers have faced abuse and exploitation “for decades”. For decades, domestic workers in Hong Kong have taken to the streets, courts and embassies to demand and seize dignity, respect, autonomy, recognition and power. Women like Nancy Almorin Lubiano, Erwiana Sulistyaningsih, Evangeline Banao Vallejos, and so many others went to court to challenge both employer and State physical, emotional, psychological and structural violence. During that same period, Baby Jane Allas, Milagros Tecson Comilang, Desiree Rante Luis suffered terrible abuse at the hands of employers and State, while, like so many other migrant domestic workers, Sophia Rhianne Dulluog died “under mysterious circumstances.” China has not signed ILO Convention 189.

In 2015, domestic workers in Lebanon organized a union. Today, with supporters and in the midst of national economic and social crisis, they marched through the streets of Beirut, demanding an end to violence against domestic workers. As did their sisters in Bangladesh and Jamaica, along with calling out the violence itself, they noted that many of the so-called protections exist on paper only. There is less than no enforcement; violators and predators are effectively encouraged to go on about their business undisturbed. Lebanon and Bangladesh have not ratified ILO Convention 189; Jamaica has.

For the past twenty years, in the larger DC – Maryland – Virginia metropolitan region, a group of Latin American immigrant women who fled their homes and homelands to escape violence. They are Madre Tierra, Mother Earth, and they have connected around 500 people seeking asylum or legal status with attorneys. They have provided support and community to survivors of domestic violence, sexual assault, human trafficking, forced marriages, and persecution for their sexual identities. The group itself numbers around 80. Many, if not most, work as house or office cleaners, at exploitatively low pay. The members realized that for them to address the violence, they had to build power, and that included economic and worker power. And so, they are forming a cleaners’ cooperative, Magic Broom. Magic Broom currently has 12 members. Jean Carla Paloma, originally from Bolivia, explained, “This will allow us to come together and make a living and hopefully get the means to be able to sustain ourselves … [It will] teach women about their rights so they can know when they’re being discriminated against and how to prevent violence.” Consuelo Barboso, originally from Colombia, agreed, adding, “Unification is what brings us power.”

From massive marches to cooperatives of 12, unification is what brings us power. Unification is a process, not a single place nor a single day. Unification means mutual recognition in the formation and sustenance of solidarity. Unification itself is work, as are mutual recognition and solidarity. Unification brings us power; call them, simply, workers.

(By Dan Moshenberg)

(Photo Credit: Bilal Hussein / AP / HJ News)

 

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Landmark case: In South Africa, ALL pregnant women, women who are lactating, children under age six are entitled to free health services at any public health establishment. ALL. Period.

April 22, 2023 by Leave a Comment

Section 27 of the Constitution of the Republic of South Africa states, “Everyone has the right to have access to health care services, including reproductive health care.” Section 28 of that same Constitution states, “Every child has the right to basic nutrition, shelter, basic health care services and social services.” This week, the High Court of South Africa, Gauteng division, confirmed those sections, in no uncertain terms, in a landmark decision brought by the law and advocacy organization, Section27, and three women: Kamba Azama and Nomagugu Ndlovu, denied free health services while pregnant, and Sinanzeni Sibanda, whose child under six was denied free health services. While the judgement is a decided victory, many question why it had to come to this in the first place.

In 2020, the Gauteng Department of Health issued the Policy Implementation Guidelines on Patient Administration and Revenue Management, which was written and interpreted to allow Gauteng public hospitals to deny free services to pregnant women, lactating women, and children under six. Hospitals began charging exorbitant fees up front before offering any services. They believed provincial policy superseded the national Constitution; effectively, they believed the Constitution was, at best, an interesting document. Section27, Kamba Azama, Nomagugu Ndlovu, and Sinanzeni Sibanda said NO! to that policy and notion, and took the Health Department to court.

Over the last three years, reports of such abuse have increased. For example, “Julian” and his wife and child moved from Maratane Refugee Camp, in Mozambique, to South Africa, seeking, among other things, health care for the infant daughter, who lives with cerebral palsy. As an undocumented resident, “Julian” found only impediments: demands for identity documents, demands to pay upfront as a private patient. Today, he and his family struggle with the R40,000 debt that was imposed on him. Suffer little children …

“Grace Jean”, an asylum seeker from the Democratic Republic of Congo was eight months pregnant and suffered from high blood pressure. After consulting a clinic, she was referred to Charlotte Maxeke Academic Hospital. She went twice to the hospital. Each time, she was told to pay R20 000 to obtain a hospital file number and be treated. Unemployed, Grace and her husband could not come up with the money. She lost the baby.

“Fezal Blue”, an asylum seeker living with HIV, was in labor. She approached three hospitals. None would take her, because she couldn’t provide South African identity card and wasn’t carrying her asylum seeker permit. “Fezal Blue” gave birth in the back of a car, going to a fourth hospital. Mother and child survived, and the baby did receive nevirapine, preventing mother-to-child transmission of HIV.

In his decision, Deputy Judge President Roland Sutherland declared Gauteng’s policy to be inoperative and generally an incoherent mess, not to mention a violation of the Constitution. Additionally, he gave all health establishments, across South Africa, until July 17th to post in a clearly visible place, the following: “ALL pregnant women,

ALL women who are lactating, and

ALL children below the age of six

Are entitled to free health services at any public health establishment, irrespective of their nationality and documentation status.”

ALL is capitalized in the Judge’s orders.

The Gauteng policy targeted the most vulnerable: asylum seekers, undocumented persons and persons who are at risk of statelessness. It did more than declare them persona non grata, it declared them nonpersons, unworthy of rights, dignity, or simple human decency. As Mbali Baduza, legal researcher at Section27, explained, “The effect of this court order is that it applies across the country… Medical xenophobia or health xenophobia has been on the rise in certain provinces, and this court order makes it clear that all pregnant women and children under six — regardless of their status — can access hospital care for free… and that’s an important precedent”.

Sharon Ekambaram, head of the Refugee and Migrant Rights Programme at Lawyers for Human Rights and a spokesperson for Kopanang Africa Against Xenophobia, Kaax, noted, “It is concerning that our government needs to be reminded of their constitutional obligations as set out in our Constitution and in our policies. This situation is but one component of a much broader crisis of institutionalised xenophobia”. Dale McKinley, also of Kaax, added, “We should be angry that we’ve had to go this far and that we have to continue to force our government to do the most basic things in terms of what our law says”.

Medical or health xenophobia is nationwide, across South Africa, as it is worldwide, and it’s spreading. Celebrate the victories, such as this landmark decision; and be concerned and angry. Part of the decision was to enforce the rule of law and the power and responsibility of the Constitution, and aprt of the decision was to emphasize the map. No assault on persons’ dignity is unique or individual, they are always part of a pattern of viral growth, and so every response must also be expansive. What happens in Gauteng does not stay in Gauteng.

 

(By Dan Moshenberg)

(Photo Credit: Jana Hattingh / Spotlight) (Image Credit: Section27)

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Where are the women? In Ireland, and beyond, incarcerated and sleeping on the floor

April 16, 2023 by Leave a Comment

Dóchas Centre

Perhaps April is indeed the cruelest month, but when it comes to prison overcrowding, abuse, and general disregard for human dignity or life, it’s just another month. Take Ireland, for example. Reports started circulating at the beginning of the month that Irish prisons were dangerously overcrowded. On April 10, The Irish Times reported, “Fourfold increase in prisoners sleeping on floor as officials warn of safety risks in Mountjoy”.  Since the beginning of the year, the number of prisoners sleeping on the floor has increased by 400% … in a mere three months. The pandemic must be over, and this must be what `return to normal looks like’. The epicenter of this increase is Mountjoy Prison, which is at 110% capacity. In response, prison administrators are planning to buy bunk beds. That should take care of the problem, right? No. People sleeping on the floor presents a safety hazard to both incarcerated people and staff, according to an internal memo. But here’s the thing. This article is 20 short paragraphs long. It isn’t until the seventeenth and eighteenth paragraphs that the reader learns who exactly is being endangered: “Overcrowding is worse in the Dóchas Centre women’s prison which, with 172 prisoners, is operating at 118 per cent capacity. Limerick men’s prison, which was recently expanded, is at 130 per cent capacity (274 prisoners) while Limerick women’s prison is at 175 per cent (49 prisoners).” Where are the women? Sleeping on the floor and reduced to the margins of their own stories.

As of the most recent prison census, on April 13, Dóchas Centre, the women’s section of Mountjoy, remains at 118%. The Limerick women’s section is currently at 179%. Bunk beds won’t fix that, and everyone knows as much. Building more jails won’t address the situation either.

Chaplains who service Ireland’s prison release regular reports. The most recent one for Dóchas Centre, in 2020, reported, “Most recently a prisoner was remanded to the Dóchas Centre after having spent over a year in a psychiatric facility. The prisoner was clearly unwell and confused to the extent that after a few days in custody the prisoner wanted to know what hospital she was in. From as soon as she arrived in the Dóchas Centre the prisoner remained in bed all day. Prison was obviously not the place for that prisoner, yet the prisoner had been charged, arraigned in Court and remanded to prison. After considerable intervention by the Governor and Health Care Staff, the prisoner was removed back to the psychiatric facility that she had come from …. While Staff were dealing with this prisoner two other prisoners on the same landing were even more difficult to deal with: both were self-harming and both were violent. Both of the prisoners had been treated for mental illness before coming to prison. One of the prisoners had been brought to the Dochas Centre infected with Covid 19. The other prisoner was returned to the psychiatric facility where she had been a patient. That prisoner however was returned to the Dochas after she behaved in the same violent way that she had behaved in when she was being held in the Dochas previously. Obviously she had been referred to the psychiatric facility for specialist treatment. How was she expected to receive that treatment when she was returned to the Dochas? This is a clear example of the Dochas being used as a dumping ground.”

 “The Prison Service is too well aware of how prisons are constantly being used as the dumping ground for other agencies’ problems. Offenders whose offence is rooted in mental illness invariably get sent to prison because the State cannot accommodate them elsewhere. This imposes a duty of care on the Governor and his Staff which the normal exercise of their duty was not designed for. Prison Officers are not trained to handle psychiatric cases …. Covid has preoccupied all our thinking for almost a year. Hospitals filled to capacity are part of everyday discussion. At this time of terrible fear and anxiety in the community, no one is going to be surprised to hear that the Central Mental Hospital has no bed space available either. The difference however is that the CMH had no available space before the Covid 19 pandemic. Most prisons have prisoners suffering from mental illness who have been waiting for a bed in the CMH for over a year.” According to the Chaplain’s Report, the situation is “soul destroying. No one seems to care.”

The Chaplain concludes, “Government could find the resources to rescue the collapse of the banking system. Government could find the resources to pay workers to stay at home during the pandemic. Government could find the resources to protect the vulnerable from a life of addiction, homelessness and petty crime. Government instead sends the weakest and most vulnerable in society to prison at the cost of the taxpayer and the fabric of society.”

What has happened in the intervening three years? Women are no longer dumped into beds. Now, they’re dumped on the floor. Further, women have been even more deeply erased from the public record. They’re there, somewhere near the end of the rare account, as an afterthought. Where are the women? Dumped on the floor, dumped from their own stories. The Prison Service is too well aware …

(By Dan Moshenberg)

(Photo Credit: Irish Examiner)

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A Western Australia prisoner transport van forced Anna to endure hours in urine-soaked clothes. Why? Because she’s Aboriginal.

April 6, 2023 by Leave a Comment

Hegel remarks somewhere that all great world-historic facts and personages appear, so to speak, twice. He forgot to add: first as tragedy, then as farce.

                                                            Karl Marx, The Eighteenth Brumaire of Louis Bonaparte

According to a report, “The transport of regional and remote prisoners”, released Monday, April 3, by the Office of the Inspector of Custodial Services of Western Australia, history repeated itself recently. The report describes “Anna’s journey”, a “transport welfare fail”. It then notes that the exact same failure happened to another incarcerated woman … two weeks earlier. The report opens, “This review was prompted by a few recent incidents that raised questions for us about the conditions under which prisoners were being transported across regional Western Australia. It was also undertaken against a historical backdrop of the tragic case of Mr Ward who died during a prisoner transport in 2008. We set out to seek assurance that the gains made since 2008 have been sustained.” The report ends, “There is a clear gap in the monitoring of … movement services at regional locations, which should be addressed by the Department. This aligns with the findings of the Coroner following the death of Mr Ward, and a recommendation for the Department to conduct regular reviews of transport contractor services in regional locations (Hope, 2009).” What does it mean that a failure in 2022, reported in 2023, “aligns” with findings and recommendations, issued in 2009, concerning an incident in 2008?

In 2022, Anna entered Greenough Regional Prison, for the third time. The staff at Greenough knew Anna. Flagged as living with schizophrenia, Anna was known to have an extensive psychiatric history, including frequent episodes of self-harm and suicidal behavior. This time, in her first week or so, Anna was reported twice for uncooperative and erratic behavior. She stopped taking her medications. Despite her non-compliant and erratic behavior, it was decided to move Anna to Bandyup Women’s Prison. The pre-transfer report described Anna as “satisfactory – no major concerns”. When staff tried to place Anna on a plane headed for Bandyup, Anna urinated on herself in the transport vehicle and refused to wear a mask. The trip was cancelled. As Anna was being returned to Greenough, staff issued a new plan, with no mention of schizophrenia or any other issues. The new plan was to transport Anna by van the 400 some kilometers to Bandyup.

A week later, Anna was bundled, shackled and handcuffed, into the security pod of an escort van, and off they went. The journey was 4 hours and 35 minutes. During that trip, early on, Anna, still handcuffed and shackled, urinated. There was no CCTV footage or cell phone call recordings. There was no documentation of anything out of the ordinary. Perhaps that’s because there was nothing out of the ordinary. Two hours in wet clothes, shackled and handcuffed in a so-called security pod. All in a day’s work … if the person is an Aboriginal woman.

Anna’s story ends in redundancy: “Prior to Anna’s transfer, another female prisoner departed Greenough in early April 2022 and urinated in the vehicle. Upon arrival to Bandyup, staff were made aware that this prisoner had urinated in the pod during the journey. Many of the issues we identified with Anna’s experience were also present in this earlier case …. It is concerning, and disappointing, that staff failed to learn from this earlier incident and implement measures, such as bringing a change of clothes or a towel, that would have helped protect the dignity and welfare of Anna during her journey a few weeks later.”

It is concerning and disappointing, and altogether predictable. Staff did not fail to learn, they did not even have to refuse to learn, because there has been no reason to. Throughout the report, the Inspector invokes the tragic case of Mr. Ward, who died in a prisoner transport in Western Australia. In January 2008, Mr. Ward, 46 years old, a respected elder, was taken on a 220 mile ride across the blistering Central Desert to face a drunk driving charge. Mr. Ward had represented the Ngaanyatjarra lands across Australia and at international fora. The people who drove Mr. Ward threw him into the back of a Mazda van, into the security “pod” with metal seating and no air conditioning. All male remand prisoners are considered dangerous, or “high risk”. That Mr. Ward was known to be cooperative and congenial was irrelevant. For his own safety and welfare, he had to go in the back. The trip took almost four hours. The temperatures that day were 40 degrees Celsius, 104 degrees Fahrenheit. Mr. Ward died of heatstroke. He died with third degree burns. Mr. Ward cooked to death, slowly and in excruciating pain.

In a 2001 government study, identical Mazda `pods’ were described as “not fit for humans to be transported in.” They were seen as “a death waiting to happen.”  In the intervening decade, there were other major reports, two in 2005, in 2006. In 2008, Mr. Ward was dumped into the oven of the back of that Mazda. When asked about the implications of Mr. Ward’s story, Keith Hamburger, the principal author of the 2005 report, responded, “That’s a matter of great concern because this is not rocket science, we’re dealing here with duty of care.”

A duty of care. In 2022, that duty of care meant two Aboriginal women, separately, abused. The list of Aboriginal women who died in custody, in Western Australia alone, is long: Maureen Mandijarra, 2012; Ms. Dhu, 2014; Cherdeena Wynne, 2019; JC, 2019. Many die in police custody, others in prisoner transport vans, others in their cells. Year after year, the Inspector of Custodial Services for Western Australia has described Anna’s ultimate destination, Bandyup Women’s Prison, the only women’s prison in Western Australia, as a hellhole. Speaking of Bandyup, the Inspector said, “I wanted to know how such an event could occur in a 21st Century Australian prison and to prevent it happening again.” First as tragedy, then as farce does not mean the second time is funny. For those forced to suffer, the pain is new, and yet not new, each time. The farce is in the expressions of surprise, discovery, concern of the perpetrators. It is concerning and disappointing … and happening somewhere right now.

 

(By Dan Moshenberg)

(Image Credit: Ngayarta Kujarra by Jakayu Biljabu, Yikartu Bumba, May Chapman, Nyanjilpayi Nancy Chapman, Doreen Chapman, Linda James, Donna Loxton, Mulyatingki Marney, Reena Rogers, Beatrice Simpson, Ronelle Simpson, and Muntararr Rosie Williams / The National Gallery of Victoria)

 

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“The death of four-year-old Langalam Viki in a pit toilet should never have happened”

March 20, 2023 by Leave a Comment

“Suffer little children, and forbid them not”

A boy-child was forced to drown in shit.
The Elders expressed shock, then promised
Change, then did nothing, less than and worse
Than nothing. Then a girl-child was forced
To drown in shit. The Elders expressed
Shock, promised great change, and did nothing.
Less than and worse than nothing. This month
A girl-child was forced to drown in shit.
The Elders expressed shock, then promised
Change, then did nothing, less than and worse
Than nothing. This poem, this story,
This song, we call this education.

In the Daily Maverick, Zukiswa Pikoli wrote, “The death of four-year-old Langalam Viki in a pit toilet should never have happened. The people who work for the Department of Education at the school, provincial and national level, who are responsible for this negligence and neglect should hang their heads in shame.”  Another South African, Melanie Verwoerd, wrote, “Thinking of the fear these little children must have felt and their desperate struggles for air in the last minutes of their lives is almost unbearable. Of all the things the government has neglected to deliver on, this is without doubt the most shameful.” On Saturday, March 18, in the town of Buffelsdoring in the Eastern Cape, four-year-old Langalam Viki was laid to rest. Langalam Viki drowned in a pit latrine at her school. When Langalam Viki did not show up at her home, her mother, went looking for her. Langalam Viki’s body was finally located and “retrieved”. What else is there to say?

On January 20, 2014, when five-year-old Michael Komape drowned in a pit latrine at his school, in Limpopo, James Komape, Michael’s father, said, “They should have helped. My son was going to school. I did not send him to die.” I did not send him to die, and yet he was sent to his death, by a State that refuses to replace the certain death sentences of schoolhouse pit latrines with safe and secure school toilets.

On March 12, 2018, when five-year-old Lumka Mketwa drowned in a pit latrine at her school, in the Eastern Cape, Lumka Mketwa’s family had serious questions. They asked who was responsible for their daughter’s death? They asked, who is responsible for children’s education, safety, wellbeing, when they are at school?  They asked, why is this not a national emergency? How many more children must die, how many more families must be haunted? Michael Komape’s family is haunted. Lumka Mketwa’s family is haunted. The State is not haunted. If it were, it would have acted.

Since the unending tragedies of Michael Komape and Lumka Mketwa’s respective and combined deaths, studies have “strongly argued for the total eradication of pit latrines in all South African schools, especially those located in the rural areas and informal settlements.” Anything less would be a gross violation of the Constitution of the Republic of South Africa. Others have noted, with a sense of urgency, “The right to basic education of a child is a requirement of human dignity. South Africa, through its new dispensation and conformity with human rights laws, is expected to transform and be consistent with the provision of the Constitution of 1996 that promotes and protects the best interest of the child.” Pit latrines are not in the best interest of the child. Meanwhile …

Zukiswa Pikoli concludes, “The name Langalam means “my sunshine” in isiXhosa. The Department of Basic Education should hang its head in shame for taking away grieving mother Nangamso Viki’s sunshine.”  The Ministers lie, the children die, the parents ask why … and the world, such as it is, moves on, and the cycle we pursue begins and ends in shame, or at least its invocation.

(By Dan Moshenberg)

(Image Credit: Lady Skollie: “Papsak Propaganda III: And I Was Really Far Out And You Thought I Was Waving, But I Was Drowning” / Everard Read)

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In India, Maharashtra’s women’s jails are at almost 500% capacity. Set the women free.

March 13, 2023 by Leave a Comment

Last July, India’s prisons were at 155% capacity. 80% of the `residents’ were remand prisoners, people awaiting trial. Maharashtra prisons were at 105.8% capacity. Maharashtra has 60 central and district jails. Of them, one, Byculla Women’s Jail, is the only one dedicated for women and children.  On March 31, 2020, Byculla, capacity 200, held 352 women. That’s 176% occupancy rate.  In September 2021, as Covid raged through Byculla, the jail held close to 300 women. Today, Byculla holds 414 women. So, it’s gone from a `scandalous’ 105.8% … to a perfectly reasonable 200.1%?

Meanwhile, today, Maharashtra’s state prisons department reports that the situation in jails is equally catastrophic, if not worse. For example, the Thane district jails have a capacity of 3,794. They currently house 9,284. Among those jails, the Kalyan jail has a capacity of 540. It houses 2,061 people. The Thane Central prison has a capacity of 1,105. Today, it holds 5,057.

And then there’s this: “Although the jails in the district can accommodate only 60 women inmates, they were holding 290 women.” Women’s jails are at 483% capacity. Of course, the response of the state is to build more prisons. Not to question the process, not to wonder at what crimes, other than that of being women, these women have supposedly committed, not to wonder what happens to the concepts of law, justice, punishment even, when almost five people are crammed into spaces designed to hold at most one.

Activists, many of them formerly incarcerated women, have said that the government should consider decongesting prisons and jails. The government did just that, and the numbers soared to historic highs, especially for women. For women in Maharashtra and beyond, the process – rule of law, due process, presumption of innocence, innocence itself, justice itself – is the punishment. Often, it’s a death penalty. Cry cry cry, set the women free.

(By Dan Moshenberg)

(Image Credit: Smithsonian)

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