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 Yoliswa Dube
SOCIETY perceives prison as a place of punishment, the reserve for misfits and rejects. If you ask anybody who has been a victim of crime, they will tell you that all jails should be welded shut – never mind throwing away the key.

It therefore raises eyebrows when suggestions are made to provide prophylactics to prisoners.

Speaking at the closing ceremony of the Fourth Annual Zimbabwe Uniformed Forces Health Services Conference in Victoria Falls recently, Zimbabwe Prisons and Correctional Services (ZPCS) Commissioner-General Retired Major General Paradzai Zimondi proposed mandatory HIV testing of inmates and distribution of condoms in prisons. He said distributing condoms among inmates could help curb the spread of HIV in prisons.

“As people who’re in charge of prisons, we’ve tried to issue condoms to inmates in prisons but they quizzed why we were doing so when they don’t share cells with women,” said Retired Major General Zimondi.

“We need a legal instrument so that when we say we want to issue condoms to inmates, there is a legislation to base on.

“Please, may you discuss this issue and if there is any justification then we can lobby Parliament.

“We have a problem as people who take care of prisoners…please help us make such recommendations on whether it should be mandatory and compulsory to test inmates for HIV/Aids and also to provide them with condoms.

That’s an issue that can be discussed to help policy makers and I’m giving you the expressway to discuss the issue and maybe make recommendations in this meeting or in your next year conference.

I’m glad that there’re some sister countries here…we don’t know how they do it in their countries but in Zimbabwe we wish this matter could be debated.”

The proposal was however met with mixed feelings as most felt implementing the policy would actually promote same sex relationships in prisons.

They questioned who the inmates would be having sex with considering they do not share cells with females.

The HIV prevalence rate in jails is 28 percent, almost double the national average of 15 percent.  This high rate coupled with the consequent morbidity, and possibly mortality caused by Aids-related illness puts great pressure on the already limited resources the ZPCS has.

Retired Major General Zimondi is naturally scratching his head on measures that can be taken to address the challenge and suggests mandatory HIV testing on prisoners and distributing condoms as possible solutions.

“Much of the sex in prison is for power and convenience. It means I take away your power by making you my sex mate. I also have sex with you because there is no other option; we’re stuck in here,” said Ms. Juliet Moyo, a social worker.

She said prison sex is both forced and voluntary.

“Female inmates are also raped by guards and other officials who may not bother using contraceptives. So if female prisoners had female condoms, they would be protected from STIs and unwanted pregnancies,” said Ms. Moyo.

The social worker said female prisoners may also be compelled to swop sex for food or sanitary products.

“When you have no money, sex becomes a currency,” said Ms Moyo.

But with male inmates, it’s a different ball game all together. Scientists argue that women can go for longer periods without sex compared to men.

According to experts, incarcerated males struggle with their libido and in many instances settle for the next best thing – another man.

The Constitution of Zimbabwe however specifically outlaws same sex relationships, a welcome departure from the old one that was vague on the abomination.

This was one of the more contentious provisions of the supreme law at its drafting as stakeholders demanded a section clearly outlawing homosexuality as it seeks to upset the natural order of things.

“People are different and adjust differently to prison life. I was married for close to five years when I was incarcerated.

Imagine, from having sex with my wife every day to nothing at all. Some find it difficult to withstand the pressure and although illegal, find themselves in same sex relationships,” said Mr Douglas Chauke, an ex-convict.

Having been convicted of theft, Mr Chauke spent several years in prison sharing prison cells with sex starved men.

“Although I was personally never violated, sodomy was a common phenomenon that most of us knew was taking place in the prison,” said Mr Chauke.

In other countries, married inmates are allowed conjugal visits subject to a variety of considerations such as good behaviour.

A conjugal visit is a scheduled period in which an inmate of a prison or jail is permitted to spend several hours or days in private with a visitor, usually their legal spouse.

The parties may engage in sexual activities. The generally recognised basis for permitting such visits in modern times is to preserve family bonds and increase the chances of success for a prisoner’s eventual return to life after release from prison.

Additionally, they serve as an incentive to motivate inmates to comply with the various day-to-day rules and regulations of the prison, and to avoid any infringement which might disqualify them from having a conjugal visit.

Conjugal visits are considered a privilege for prisoners who have exhibited good behaviour during their term of incarceration.

In 2015, the Punjab and Haryana High Court in India held that the right of married convicts and jail inmates to have conjugal visits or artificial insemination for pregnancy was a fundamental right.

In Australia, conjugal visits are permitted in the Australian Capital Territory and Victoria. Other jurisdictions, including Western Australia and Queensland, do not permit conjugal visits.

In Brazil, male prisoners are eligible to be granted conjugal visits, while women’s conjugal visits are tightly regulated, if granted at all.

In Canada, all inmates, with the exception of those on disciplinary restrictions or at risk for family violence, are permitted “private family visits” of up to 72 hours’ duration once every two months.

“When you commit a crime, certain rights are taken away from you.

You’ve no sexual rights when you are in prison,” said Dr Ruth Nyampinga who runs a local non-governmental organisation which advocates for the rights of prisoners.

“Giving inmates condoms will promote sexual violence because they know they’ve a condom and they’ll want to use it.

‘‘If we say giving inmates condoms is necessary, we’re admitting that sodomy and other sexual activities are happening.

‘‘Although we’re trying to protect victims by giving them condoms, we’re also promoting sodomy by empowering the perpetrator with a condom,” said Dr Nyampinga.

Turning to HIV prevalence in prisons, Dr Nyampinga said educating inmates about HIV and encouraging voluntary counselling and testing would go a long way in curbing the spread of the virus.

“Information about HIV should be shared in our prisons and HIV testing should be voluntary. As it stands, the existence of same sex relationships isn’t very clear as the system is designed in such a way that such things can’t be discussed openly.

‘‘It could be happening but it’s not for public consumption. In the three years I’ve worked with prisons, however, I’ve never heard of lesbianism taking place,” she said.

Dr Nyampinga said allowing prisoners in the country conjugal rights would remain a far-fetched dream as Zimbabwe does not have the infrastructure to allow such visits.