“Mandela rules” (United nations)

 

In the resolution A/RES/70/175, the General Assembly decided to extend the scope of Nelson Mandela International Day, observed each year on 18 July, to be also utilized in order to promote humane conditions of imprisonment; to raise awareness about prisoners being a continuous part of society; to value the work of prison staff as a social service of particular importance.

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Wie het kon raai of ooit kon dink dat daar so iets in die Verenigde Nasies bestaan?

Vir ‘n persoon wat nie weet waaroor alles gaan nie, sal dalk dink is “cool” maar omdat daar uitsprake in ‘n hof gegaan het oor sabotasie, bomplantings waar lede van die publiek hul lewens verloor of verwoes het, maak dit eintlik nie net ‘n ontnugtering nie, maar is eintlik ‘n goedkeuring wat op sabotasie en bomplantings geplaas word.    En soveel lande behoort aan die Verenigde Nasies wat ook steun verleen het aan die ANC, maar dit wat na 1994 plaasvind, soos swart bemagtiging, regstelaksie ensovoorts, word eenvoudig verbygeblaai.
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In 2015 toe hierdie “aanvaarbaar” was, het daar nog lede hul gevoeg by die Verenigde Nasies.

Egypt, Japan, Senegal, Ukraine, and Uruguay

The Security Council, which has five permanent members — China, France, Russia, the United Kingdom, and the United States — is responsible for responding to world crises and maintaining peace through cease-fire orders, collective military action, sanctions, and peacekeeping operations. It is the only U.N. body with the authority to take legal action. Brazil, Germany, India, and Japan have advocated time and again for permanent seats, bids that have been repeatedly vetoed by the general assembly.
https://foreignpolicy.com/2015/10/15/meet-the-five-newest-members-of-the-u-n-security-council/

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Members

https://www.un.org/securitycouncil/content/countries-elected-members

https://www.un.org/securitycouncil/content/current-members

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A/RES/70/175 not only adopted the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, but also approved that they should be known as the “Nelson Mandela Rules” in order to honour the legacy of the late President of South Africa, who spent 27 years in prison in the course of his struggle referred to above.

https://www.un.org/en/events/mandeladay/mandela_rules.shtml

 

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Resolution adopted by the General Assembly on 17 December 2015 [on the report of the Third Committee (A/70/490)]

70/175. United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)
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5. Adopts the proposed revision of the Standard Minimum Rules for the Treatment of Prisoners, annexed to the present resolution, as the United Nations Standard Minimum Rules for the Treatment of Prisoners;

6. Approves the recommendation of the Expert Group that the Rules should be known as “the Nelson Mandela Rules”, to honour the legacy of the late President of South Africa, Nelson Rolihlahla Mandela, who spent 27 years in prison in the course of his struggle for global human rights, equality, democracy and the promotion of a culture of peace;

7. Decides to extend the scope of Nelson Mandela International Day, observed each year on 18 July, 27 to be also utilized in order to promote humane conditions of imprisonment, to raise awareness about prisoners being a continuous part of society and to value the work of prison staff as a social service of particular importance, and to this end invites Member States, regional organizations and organizations of the United Nations system to celebrate this occasion in an appropriate manner;

8. Reaffirms, in the context of paragraph 5 above, the preliminary observations to the Nelson Mandela Rules, underscores the non-binding nature of the Rules, acknowledges the variety of Member States’ legal frameworks, and in that regard recognizes that Member States may adapt the application of the Rules in accordance with their domestic legal frameworks, as appropriate, bearing in mind the spirit and purposes of the Rules;

9. Encourages Member States to endeavour to improve conditions in detention, consistent with the Nelson Mandela Rules and all other relevant and applicable United Nations standards and norms in crime prevention and criminal justice, to continue exchanging good practices in order to identify challenges faced in implementing the Rules and to share their experiences in dealing with those challenges;   

10. Invites the Commission on Crime Prevention and Criminal Justice to consider, at its upcoming sessions, reconvening the open-ended intergovernmental Expert Group on the Standard Minimum Rules for the Treatment of Prisoners for the purpose of identifying the lessons learned, the means to continue to exchange good practices and the challenges faced in the implementation of the Nelson Mandela Rules;

 

Annex

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)

I. Rules of general application

Basic principles

Rule 1

All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.

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E. Persons arrested or detained without charge

Rule 122

Without prejudice to the provisions of article 9 of the International Covenant
on Civil and Political Rights,29 persons arrested or imprisoned without charge shall
be accorded the same protection as that accorded under part I and part II, section C,
of these rules. Relevant provisions of part II, section A, of these rules shall likewise
be applicable where their application may be conducive to the benefit of this special
group of persons in custody, provided that no measures shall be taken implying that
re-education or rehabilitation is in any way appropriate to persons not convicted of
any criminal offence.     

read more
https://undocs.org/A/RES/70/175

 

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Standard Minimum Rules for the Treatment of Prisoners

Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 .
Basic principle
6. (1) The following rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

MUCH MORE …

https://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf

 

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Implementation of the UN Minimum Standard Rules for the Treatment of Prisoners

Joint round table organized by the General Prosecutor’s Office of Uzbekistan in partnership with UNODC Regional Office in Central Asia

 

With the memory of Nelson Mandela in mind, who himself spent 27 years of his life in prison, the General Assembly adopted the United Nations Standard Minimum Rules for the Treatment of Prisoners in December 2015 as ‘ the Nelson Mandela Rules’. The rules resulted from five years of inter-governmental consultations, and represent a landmark harmonization of the original version (1955) with international law and good prison management practices.

UNODC established  the ‘Group of Friends of the Nelson Mandela Rules’ to provide an informal and open-ended network of like-minded Member States who have joined forces to promote the practical application of the Nelson Mandela Rules, to facilitate expert consultations, and to support  prison reform initiatives. 

On 28 July 2017 General Prosecutor’s Office of Uzbekistan in partnership with UNODC Regional Office in Central Asia conducted the roundtable on implementation of the UN Minimum Standard Rules for the Treatment of Prisoners to promote humane conditions of imprisonment and to value the work of prison staff. The event gathered 70 participants from Tashkent and more than 100 participants from five regions of Uzbekistan through the video conferencing.  Discussion focused specifically on reduction of the scope of imprisonment,  prison conditions, rehabilitation programmes in prisons and post-release services aimed to ensure, as much as possible, that prisoners are willing and able to lead law-abiding lives upon release.

Representatives of the General Prosecutor’s Office, National Centre on Human Rights and Ombudsman’s Office reiterated Uzbekistan commitment in applying the Mandela Rules, implementation of penal reform, revision of relevant legislation, procedures, policies and practices in line with the Rules. Participants agreed that the revised Nelson Mandela Rules  provide the significant momentum to work together to preserve human dignity in prisons, thereby making a real difference for prisoners, prison staff and society at large.

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ebook PUBLICATION

https://www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf