OVERSIGHT MECHANISMOPERATIONAL PRISONS MANAGEMENT COURSE

11 -22 NOVEMBER 2013

HPSS,Embakasi, KenyaBy Solomon Aina

Outline

Objective Introduction Definition of Oversight Mechanism Types of Oversight Mechanism Ombudsman Challenges of Oversight Mechanism Benefits of Oversight Mechanism

Objective

By the end of this module, participants will be able to know what is Oversight Mechanism, types of Oversight Mechanism and their essential functions.

Introduction

All public institutions need and benefit from strong Oversight Mechanism.

Prisons are closed institutions and a combination of factors create a significant risk of mistreatment

There is a growing recognition internationally particularly after the second world war, that prisons and places of detention must be transparent, have strong accountability mechanism and be open to monitoring

According to UNODC (2009 ) definition accountability is a system of internal and external checks and balances aimed at ensuring that prisons and other law enforcement institutions carry out their duties properly and are held responsible if they fail to do so.

What Is Oversight Mechanism ?

Oversight Mechanism is not finding fault, it is not about springing surprise to catch an organization in the act. It should be seen as part of an organization process of identifying gaps and addressing them for better service delivery.

Oversight Mechanism is an oversight body established to ensure long term compliance to institutional policy, national and State laws, client needs and changes in the system.

Oversight in prison context is a means to achieving twin objectives of transparency of public institution and accountability for the operation of a safe and humane prison

According to Mitchell Dietch, a leading authority on Oversight Mechanism, robust system of prison oversight involves:

-sound internal audit and accountability measures complemented by

-credible and effective form of external scrutiny

CHARACTERISTICS OF A CREDIBLE OVERSIGHT MECHANISM

It must have a legal mandate IndependentExpertise-the quality of the

oversight must be respected by the audience to which it reports,

Impartiality-the oversight must maintain neutral stance and apply principles and standards in an even- handed manner.

Power of access to any detention site any time unannounced and to information

Common value-the body of principles and standard for custodial institutions must be shared and accepted.

ESSENTIAL OVERSIGHT FUNCTIONS:

Essential oversight functions include:-audit –to ensure performance indicators

are met -management advise -inspection -monitoring

-general oversight-operational and policy compliance review

-assessment of prison facility. -direction setting-policy input and priority

setting

TYPES OF OVERSIGHT: INTERNAL AND EXTERNAL

Inspection of prisons are an important safeguard against malpractices and abuse in prisons as recognized by international standard.

They also protect prison management and staff against unfair accusations or reports.

There are two types of Oversight Mechanism: internal and external oversight

Internal Oversight provide advise on internal controls and management practice based on a systematic and independent review of an organization's operation.

Internal oversight e.g prison inspectorate is an important tool of an organizational leadership for fulfilling their management responsibilities.

External oversight is a comprehensive structure for effective compliance monitoring and accountability to ensure an organization meets its obligation to the public. They safeguard against improper practices,

While both complements each other, there are fundamental difference

Internal oversight can only be effective as the commitment of the management and they could be biased being influenced by espirit de corps

External oversight are more credible in the eyes of the public and are unbiased

CLASS CTIVITY

Identify examples of internal and external oversight bodies in prisons service

OMBUDSMAN

The term derived in 1809 from Swedish office of Justiceombudsmannen

Ombudsmen consists of individuals or agencies with general powers that allow them to receive nd consider a wide range of complaints.

They provide several important functions: -they provide means of obtaining impartial and

independent investigation of complaints against government agencies and their employees

-they educate government officials about appropriate standards of conduct.

-they raise awareness among the population about their rights to prompt efficient and honest public service

International Oversight

There are bodies that carry our international oversight. These are:

-special rapporteur on human rights-United Nations High Commissioner for

Human Rights

BENEFITS OF OVERSIGHT MECHANISM:

Oversight Mechanism increase public awareness of prison related issue

It challenges prison administrators and help to avoid complacency

Regular oversight activity keeps the quality of correctional services high.

It promotes public confidence It enhances transparency and accountability through

external scrutiny

CLASS ACTIVITY

What are the challenges you have seen or you envisage in Oversight Mechanism function in South Sudan