PRI has been working in the region since 1993. It currently manages programmes in Benin, Mali, Niger and Senegal. PRI does not have an office in the region. The programmes are managed directly from our London office.

Socio-political context

In spite of popular support for democratisation across West Africa, there has been a gradual but steady decline in the demand for democracy within the region. Significant progress has been made on human rights issues. However, the commitment of governments to implementing and respecting the rule of law can still be questioned in a number of countries. A lack of transparency with regard to human rights violations in places of detention is a common problem. Civil society organisations often face challenges in maintaining their independence from the state.¹

Poverty reduction remains a serious challenge in the region. Key challenges include access to basic education, HIV/AIDS prevention, the eradication of tuberculosis and malaria and the development of sustainable food security.

Criminal justice in West Africa

Countries in the region adopt both French civil law and common law systems, depending on their colonial past. Parallel customary law systems are also widely used. National constitutions generally declare the independence of the judiciary.

In some countries, the prison administration falls under the Ministry of Justice, while in others under the Ministry of the Interior. Legislation frequently dates back to colonial or early post-colonial times.

The death penalty was abolished in Senegal in 2004. It remains a legal provision in most countries in the region, although it is rarely applied.

Penal reform challenges in the region

West Africa’s post-independence history of military coups and dictatorial regimes has left the region with weak legal and judicial institutions. In recent years, democratic reforms have emerged across the region. However, serious challenges remain.

For the majority of West Africans, access to formal justice is almost non-existent. Courts are too far away to reach, and defendants lack the financial means to pay for legal representation and other associated costs.

Although some improvements have been made over the years, lack of food and medicines, spread of infectious diseases, human rights abuses, overuse of pre-trial detention, violence and corruption remain a reality in most prisons. Most governments still rely on antiquated and physically decaying prison facilities. A lack of trained personnel in the prison and justice systems has resulted in poor detention conditions and human rights abuses. The treatment of women, juveniles and mentally ill prisoners are all issues of concern.

How PRI is addressing these challenges

PRI is currently engaged in activities aimed at improving conditions of detention, reducing prison numbers through the promotion of alternative sentencing and facilitating prisoners’ reintegration within the community.

In order to support the effective management of prison administrations, PRI is providing specialised training to prison staff and expertise for the revision of prison legislation. PRI delivers training programmes that address all areas of prison management and enhance national training capacity. Training initiatives are designed to ensure the integration of human rights issues into general prison management practices, develop management and administrative capacity of senior staff and facilitate the implementation of best practice.

In order to reduce the prison population, PRI has been supporting the introduction of alternatives to imprisonment, namely community service, in Mali, Niger, Burkina Faso and Senegal. This has been achieved by helping to draft the legislative reforms required to enable the wider use of alternatives to imprisonment. PRI has also been specifically promoting community service through awareness raising and training activities.

As part of PRI’s commitment to improving prison conditions in the region, PRI has helped establish income-generating activities and skills-training workshops for prisoners. This has been undertaken in partnership with local NGOs in Benin and Senegal.

PRI resources and publications

Reducing Pre-Trial Detention: an index on good practices developed in Africa and elsewhere

Kampala Declaration on Health in Prisons in Africa

Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa

Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa

Access to Justice in Sub-Saharan Africa  

1. Economic Commission for Africa, African Governance Report 2005