Sri Lanka: Study visit for the familiarisation with the community-based correctional mechanism in Kenya

Colombo, Sri Lanka/27 September 2024: The National Audit Office in Sri Lanka indicated that as of 2023, prison overcrowding in the country has reached an alarmingly high rate of 232%. Prison congestion overstretches the limited resources allocated to the prison system, leading to challenges in the adequate provision of basic needs for the incarcerated and their classification and categorization.

Based on the statistics made available by the Department of Prisons in Sri Lanka, a significant trend observed over the past few years is that over 50% of the convicted have been imprisoned due to their inability to pay the fines imposed. This results in imprisonment for minor offenses merely owing to one’s lack of financial means to pay the imposed fine and adversely adds to the issue of prison overcrowding.

To support the Government of Sri Lanka in addressing the issue of prison overcrowding, UNODC’s Global Maritime Crime Programme (GMCP) has been supporting the Department of Community-based Corrections in Sri Lanka. The Department was established in 1999 following the enactment of the Community-based Corrections Act (No. 46 of 1999), based on considerations of the increase in recidivism, prison congestion and the Government expenditure, with the objective of implementing a productive community corrections mechanism as an alternative to imprisonment.

Based on the findings from one of the legal and operational assessments conducted by UNODC GMCP, it has been discovered that the application of community-based corrections could be further improved by raising more awareness amongst the criminal justice practitioners; updating the concerned legal provisions; promoting interagency coordination and introducing more appropriate community-based initiatives for the offenders.

Against this context, UNODC GMCP facilitated a four-day study visit to Kenya, for five senior community correctional officers at the Department of Community-based Corrections in Sri Lanka from 17 to 20 September 2024.

The study visit entailed a series of high-level meetings and several field visits. It commenced with meetings undertaken with the Principal Secretary to the Department for Correctional Services, Commissioner General of Prisons, Secretary to the Department of Probation and Aftercare Services and the Chairperson and National Coordinator for the Community Service Orders (CSOs) Programme, in Nairobi. This enabled the participants to get an overview of the policy and legal framework underlying the Kenyan approach to correctional management.

In Mombasa, the participants visited community-led centers supported by UNODC and the Department of Probation and Aftercare Services, established to enhance the reintegration of ex-offenders & rehabilitation of those with substance use disorders. Simultaneously, during a visit made to the Shimo La Tewa Borstal Institution, the participants got first-hand experience on the institutional rehabilitation of youthful offenders, in alignment with the international standards and norms aimed at promoting juvenile justice.

In Kisumu, they witnessed the female offenders being engaged in activities such as tailoring at the Probation Hostel in Siyaya Probation Station and also joined hands with the offenders in a tree plantation campaign at the Muluha Primary School. This offered them with the best opportunity to understand the major role played by probation officers and the community stakeholders in the effective implementation of the probation and Community Service orders.

The key takeaways from the study visit are multifold. Amongst them, the primary learning has been the need for reinforcing coordination mechanism amongst the entities dealing with prison management, community-based corrections and probation services in Sri Lanka, which has resulted in a streamlined process across the justice system in Kenya. Alongside this, the Kenyan counterparts’ close collaboration with the judiciary was remarkable. The senior community correctional officers were determined to explore and reinforce their existing collaboration with the Judiciary in Sri Lanka.

The application of dynamic security between the officers and the offenders in the facilities that were visited was seen at a commendable level. Despite the prison congestion facing the prison facilities in Kenya, it was seen that the relevant authorities, in close collaboration with the Judiciary, were making extra efforts to release offenders into the probation and community -based corrections. This provided the senior community correctional officers an opportunity to delve deep into the significance of the role that they play in the criminal justice system in Sri Lanka. They were empowered to reflect on the community-based correctional mechanism in Sri Lanka and identify the areas which required further improvement and wider collaboration.

Apart from this, another key outcome of this study visit has been that UNODC GMCP has been able to foster south-south cooperation through the learning exchange that benefitted both Sri Lankan and Kenyan authorities. UNODC GMCP, in its efforts to continue to enhance the capacities of the entire criminal justice system, will continue to support similar initiatives in the future, especially emphasizing on regional cooperation and wider knowledge sharing on global best practices. This activity is funded by the US Bureau of International Narcotics and Law Enforcement Affairs (US INL) and contributes to SDGs 16 and 17.