Punished for being Poor: Evidence and Arguments for the Decriminalisation and Declassification of Petty Offences

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dc.contributor.authorMuntingh, Lukas
dc.contributor.authorPetersen, Kristen
dc.date.accessioned2019-12-05T13:39:24Z
dc.date.available2019-12-05T13:39:24Z
dc.date.issued2015
dc.description.abstractThe Ouagadougou Declaration and Plan of Action on Accelerating Prison and Penal Reform in Africa of 20031 endorsed recommendations calling for reducing the size of prison populations in Africa. The Plan of Action recommended the ‘[d]ecriminalisation of some offences such as being a rogue and vagabond, loitering, prostitution, failure to pay debts and disobedience to parents’ as a strategy to reduce the prison population. More than a decade has passed and few countries have made any progress in implementing this strategy endorsed by the African Commission on Human and Peoples’ Rights (ACHPR). Many of the offences identified by the ACHPR as ripe for repeal amount to nothing more than the criminalisation of poverty, homelessness, and unemployment. Certain offences, such as loitering and being a ‘rogue’ and ‘vagabond’, date back to colonial times and have no place in Africa anymore. They must be repealed. Their continued enforcement is disproportionately experienced by the poor and marginalised populations, including persons with disabilities. The existence of these laws, and their enforcement, are justified by proponents with unsubstantiated arguments based more on anecdote and bias than fact. Such proponents argue, for example, that arresting people for loitering prevents crime and has a deterrent effect on would-be criminals. It is similarly argued that arresting street children and persons with intellectual and psychosocial disabilities in so-called sweeping operations encourages them to return to their homes and families and relieves the public of the burden and inconvenience of such persons. There is no evidence to support these claims.en_US
dc.identifier.citationMuntingh, L. and Petersen, K. (2015). 'Punished for being Poor: Evidence and Arguments for the Decriminalisation and Declassification of Petty Offences' . Dullah Omar Institute: University of the Western Capeen_US
dc.identifier.urihttp://hdl.handle.net/10566/5126
dc.language.isoenen_US
dc.publisherDullah Omar Instituteen_US
dc.subjectDecriminalisationen_US
dc.subjectDeclassificationen_US
dc.subjectPetty Offencesen_US
dc.subjectPooren_US
dc.titlePunished for being Poor: Evidence and Arguments for the Decriminalisation and Declassification of Petty Offencesen_US
dc.typeArticleen_US

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