The number of children with parents in prison is increasing in many countries worldwide. Theory and qualitative research suggest that parental imprisonment might contribute to child antisocial behavior and mental health problems, because of the trauma of separation, strained child-care arrangements during parental imprisonment, loss of family income, other stressful life events such as moving home and school, and the stigma of parental imprisonment.

The typical description of prisons in Africa can be found in the 1995 Resolution of the African Commission on Human and Peoples Rights (ACHPR) on this subject. The Resolution highlights the following inadequacies plaguing the African penal sector: high congestion, poor physical health and sanitary conditions; inadequate recreational, vocational and rehabilitation programmes, restricted contact with the outside world, large percentages of persons awaiting trial, among others.  Sadly, Africa is believed to have some of the world’s most overcrowded prisons. With a total inmate population of at least 903534, the average of awaiting trial inmates in Africa is about 45 per 100,000 while the global rate is 44 per 100,000.

In a continent with so many social needs, protection of prisoners is far from the top of many priority lists, especially when the consensus of opinion is that prison is a locus for detention, punishment, and deterrence as opposed to rehabilitation and reintegration.  Whenever an offender is arrested or punished by the State for crime presumably committed there are three major parties affected: The Offender, the Crime Victim and the dependents of the Offender. Of these three parties, the least recognized are the Dependents and especially the children of the offenders who are left to suffer the stigma and deprivation caused by that very criminal act.

The incarceration of the parents of minor children is an issue whose impact affects not only those sentenced to prison, but is also detrimental to the children, their caregivers, the prison system, the welfare apparatus of the state, and the law.  From the arrest of an offender to his or her conviction and imprisonment, the individual’s children who have done no wrong are subjected to the stigma of criminality, yet they are practically ignored within several criminal justice systems in Africa. In the words of Oliver Robertson, they are the invisible victims of crime and the penal system.

Every Child has the right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.  When the State responds to the criminal action of a parent through imprisonment, the children’s rights to a stable family environment are affected. This situation is compounded by the fact that there are very few governmental or civil society organizations that actually recognize and treat these children as individuals with peculiar challenges, risk exposure and needs. There are five major categories of risks faced by the children of incarcerated persons: The risk of deprivation of basic necessities and opportunities; the risk of danger of secondary victimization and depersonalization; the risk of deterioration of overall situation of a child; the risk of distance from incarcerated parent; and the risk of descent into antisocial behavior.

When parents are separated from their children there is usually the tendency for the children to be left in the care of the second parent or extended family members. In patriarchal societies, there is a high probability for the men to be the major income earners in the home. Men account for the largest percentage of inmate population within the continent while the population of incarcerated women in Africa falls between 1 and 6 percent of the total population.  The imprisonment of the breadwinner of a home automatically impacts the standard of living of that home. This will affect the accessibility of the home to basic necessities like food, shelter and water; and will also affect that child’s access to quality education and the amenities necessary for his or her development. When these children are left in the care of an extended family member or guardian, who guarantees the safety and respect for the rights of these children while in their care? Does the Court take impromptu visits by the State Welfare department to the residences of these guardians into consideration? Is there an effective data management system in place to ensure that the development of these children is not only monitored but that at the expiration of their parent’s sentence, the family will be re-united? Even upon the conviction or sentencing of the parent, is there a family member available to provide explanations to the child on the implication of the parent’s imprisonment? Is there a counselor available to ensure that the psychological impacts the imprisonment might have on the child are addressed promptly?

When a State is unable to adequately answer the above stated questions, then there is a very high probability for such children to be at risk of secondary victimization, at the mercy of their guardians and the society at large. The absence of an adequate mechanism that handles the impact of parental incarceration on a child can result in the overall deterioration of that child especially when he or she is facing financial difficulties, difficulties in visiting the incarcerated parent, educational and behavioral problems at school, or neglect, abuse and victimization. Without an adequate parental protection such children are also highly at risk of being exposed to criminal activities, thereby presenting a vicious cycle that brings additional costs to the society.

The Preamble of the 1989 Convention on the Rights of the Child, to which 52 African States are parties,  upheld a provision of the Declaration of the Rights of the Child which states that, “the child, by reason of his physical and mental maturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”

The United States Center for Disease Control and Prevention has recognized parental incarceration as an  “adverse childhood experience” (ACE) which possesses a unique combination of trauma, shame, and stigma and increases the likelihood of long-term negative mental and physical health outcomes like obesity, heart disease, diabetes, tobacco use, alcohol use, among others.

It is important to note that:

i.            An estimated 2 million children currently have a parent(s) incarcerated in African prisons.

ii.            527,143 children under 5 years have their parents incarcerated and 24% of incarcerated parents have more than 3 children.

iii.            849,917 children are dependents in households of incarcerated parents at the time of arrest and detention of the caregiver.

With the celebration of Children’s day in Nigeria on 27th May 2014, PRAWA wishes to emphasize that there is need for better state mechanisms for the protection of the rights of such children. When the State in the performance of its duties of administering justice, imprisons an offender who is a parent as a first or only option, it automatically takes on the responsibility for the welfare of the children who will be affected by such action. As the former Secretary General of the United Nations- Kofi Annan- once said “There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace.”