Adapting Current Correctional Facilities For Gender Diverse Citizens Like Cross Dressers Et Al- The Bob Risky Imbroglio
The word Transgender and Gender-Diverse (TGD) people have resonated traction in the western world and it’s tempo is increasing in most developing nations especially African nations like Nigeria where it is illegal to be Transgender or gay. There are several reasons, mostly being the culture of the people which have little place for it and the criminal code currently forbids it. On the other hand, according to the current Nigerian constitution being a cross dresser is not illegal or not punishable
Even in Western nations, TGD people are disproportionately impacted by incarceration, interpersonal violence, HIV and other sexually transmitted infections, substance use disorders, and suicidality. Little is known about successful approaches to improve health outcomes for TGD individuals impacted by incarceration and criminal justice (CJ) involvement (Grant et al., 2011; Jones, 2021;
It has been observed that TGD groups constantly experience extreme social marginalization, homelessness, and poverty as a result of the interpersonal, social, and structural stigma they experience due to their gender identity and this stigma had been shown to contribute to health disparities for TGD people.
There are Global existing standards for the prison management of incarcerated Transgender people. Carceral policies varies from country to country. For example,, across Australian jurisdictionspolicies vary in their availability, breadth, and appropriateness. Trans populations in prison represent a vulnerable population, having specific needs surrounding their health, safety, and wellbeing such that contemporary prison practices fall short of meeting these specific needs.
In a review examining their coverage of issues including healthcare access, placement decisions, and classification systems against international standards and prior Australian recommendations.
It was found that different Australian jurisdictions varied widely on the coverage of the reviewed areas. No jurisdiction met every benchmark and the use of administrative segregation was identified as the area in most need of policy reform.
It can thus be postulated that, Trans and non‑binary people in prison face high risks for their wellbeing, health and safety. These include the risks of physical, sexual and psychological violence from both staff and their peers. The harassment and
discrimination that trans people then experience in prison reflects wider stigma and discrimination .
In Peru a South American country for instance the statistics by the National Preventive Mechanism showed that 44% of LGBTQI+ people interviewed
by the country’s National Preventive Mechanism had not completed their basic level education, and 9% were unable to read or write. This signifies that they are from both educational divide.
I will mention at this juncture 3 core international and regional human rights-based standards relating to prisons or correctional centers – the UN Nelson Mandela Rules, UN Bangkok Rules and the European Prison Rules, among others . It should be noted that these all do not make any specific reference to LGBTQI+ people or the issues they face in prison and provide no guidance for states on how to approach their placement issues. However, their provisions for non-discrimination require the prison administrations to ‘“take account of the individual needs of such prisoners, in particular the most vulnerable categories in prison settings” and are underpinned by the need to tackle structural violence and prevent discriminatory practices and social norms.
So what are the approaches to placement outcomes?
The approaches are based on whether they are legally recognised in that Country or they are not legally recognised. For Nigeria, we know they are not legally recognised so we will look at such outcomes. For the non recognised, the most common placement outcomes are,
1. Unidentified
The trans or non‑binary person conceals their identity – due to concerns for their safety or treatment – and as
a result is housed among people who share their legal gender rather than their self-identified gender. This is particularly likely to be the case in prison systems
that operate on discretion or informal criteria, but also occurs in prisons with policies that do not effectively protect the rights of trans people.
2. Held in a facility that corresponds to their legal gender rather than their self-identified gender but in one of the following ways:
• Held in solitary confinement, often on the grounds of protection.
• Living openly, sometimes among a protective group, but subject to harassment and abuse.
3. In a separate facility away from the main population
– sometimes held together with other trans, LGBTQI+
or other groups of “vulnerable” prisoners, sometimes in a separate wing that may or may not be attached to the prison that corresponds to their gender identity.
4. In a facility that corresponds to their assumed gender identity – in a few instances (eg Canada and Catalonia) policies expressly facilitate placement
decisions to be made regardless of legal gender recognition.
In a larger number of states, this is
a possible outcome of case-by-case decision making processes.
Inferring from above especially number 3 and 4, it can be deduced that for CROSS DRESSERS LIKE BOB RISKY, IT may not be OUT OF PLACE TO PUT HIM IN A SEPERATE ACCOMMODATION BECAUSE OF SEVERAL REASONS OUTLINED ABOVE and based on International Best Practices.
The Correctional services if they separated him, should not be vilified especially if there is no corrupt undertone and free access but be supported for their International perspective in handling such a case. An investigation will reveal the perspective in which this was carried out This case should generally not be seen as a preferential treatment for a Cross dresser or any gay person. Of course most probably if he was placed with other prisoners, they could probably have pounced on Him in several ways. Like it is said locally in Nigeria, If you know, you know!! If you dont ,Forget about it.
I thus pontificate that prison or correctional Centers reforms are really needed in handling Trans Gender Diverse people to serve their sentences in Nigeria.
Dr Wealth J. Obibi
CCE Foundation.
NOTE:
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