The role of NPMs in the protection of
LGBT people in detention
Presentation for 6th thematic
workshop for NPMs, Baku
October 2011
Dr Peter Dunn
This presentation addresses:
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The experience of LGBT people in detention
(mainly drawn from UK)
The specific needs of LGBT detainees
Some initiatives designed to support LGBT
people and challenge homophobia or
transphobia
What the role of NPMs can include
Discussion and action
Context
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T is always put with LGB – yet the issues are different: ‘LGB’
refers to sexual orientation, whereas ‘T’ refers to gender
The numbers of LGBT people in detention
LGBT people may be over-represented in places of detention,
like ethnic minorities are
Most LGBT people in detention will have experienced
homophobic or transphobic abuse or violence and will be
fearful of experiencing it in custody, possibly from staff and from
other detainees
It is homophobia not homosexuality that is troubling to most
LGB people
The experience for LGBT detainees
“Our biggest fear is falling into the hands of the criminal justice system”
(transgender woman)
“In my experience prison is one of the most homophobic environments it
is possible to experience” (bisexual male prisoner)
“I would encourage anyone to come out in prison so that they can be
themselves and not have to act straight... I’m glad I came out (prisoner
LGBT representative)
Quotes 2 and 3 from Bent Bars newsletter
“Once I was comfortable with saying ‘I am gay’ out loud I came
out to my personal officer on the wing. That was not such a
good idea as he was homophobic and told the whole wing. I
cannot explain the hatred that some prisoners and staff had for
me. Everyday I was told I am a disgrace to my culture and that
I should kill myself. Unfortunately I got very depressed and
tried to kill myself, but thankfully I didn’t succeed. I still get
threatened every day but I will never let them get to me again.
I am a gay man and I am proud of it no matter what they do to
me. I will never be ashamed of how I am again.”
From Bent Bars newsletter.
The concerns of LGB detainees
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Homophobic attitudes and behaviour from other detainees
Homophobic attitudes and behaviour from staff
Staff not taking action when detainees report being threatened
Staff have no training about (or awareness of) LGBT issues
Concerns about same sex relationships in detention
Concerns about the rights of LGBT people in detention (e.g.
protection from harassment, availability of civil partnerships)
Fears about deportation to countries where being gay can
result in prosecution or persecution.
The functions of homophobia in
places of detention
In male prisons, homophobic or transphobic abuse is a
resource that is used to uphold aggressive
masculinity
This is because as well as affirming heterosexual
men’s masculinity, abuse also punishes gay men (or
trans women) for performing their male gender roles
in ways that challenge masculine norms and
expectations
So, combating homophobia and transphobia is a
difficult task.
The cycle of invisibility
Invisibility of
LGBT
detainees
No
possibility of
consultation
with LGBT
detainees
No support
or services:
“we don’t
have any
here”
Detainees
feel unsafe
and will stay
hidden
Even greater
invisibility
LGB detainees’ needs
Confidentiality (staff must not pass on information about sexual orientation
without consent)
LGBT prisoner representatives to talk to, who will take problems to staff
for action
Information about organisations outside the prison that detainees can
contact for support or information
A group or forum for LGBT prisoners that meets regularly
Visible positive role models / celebrations of LGBT culture, LGBT media
Talks or visits from gay men’s health worker
A means of reporting homophobic abuse - and action taken to stop it
All policies to be equality impact assessed
(from HM Prison Winchester GB&T group).
Particular needs of trans people in
detention
Allocation to an establishment of their preferred gender
Reception staff must be trained about how to receive and support a trans
detainee on arrival
A process for exploring needs and preferences immediately on arrival
concerning searching, clothing, special equipment needed
(prostheses, equipment for dilation, wigs etc), protection from
harassment, use of detainee’s preferred name and title etc
Procedures that respect the detainee’s preferred gender role; instead of
focusing on their biological gender, which can be demeaning
Policies include the needs of trans detainees, and they are consulted
about them
Accessible information about support and help
A clear commitment to challenging transphobia.
Some successful initiatives to
support LGBT detainees
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A young offender institution asks all young men on arrival if they are
interested in joining the gay support group
A prison that runs a monthly LGBT support group
A prison where LGBT prisoner representatives attend the support
group and senior management meetings
A police force that has a policy on how police officers search
transgender people (they are offered a choice about whether male or
female officers search them)
A regular focus group to consult LGBT detainees about policies
LGBT community groups attending the prison to give talks, especially
about resettlement and health issues.
Some successful initiatives to
tackle homophobia / transphobia
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Visible positive images of LGBT culture and relationships
A policy on safeguarding LGBT detainees that includes an action plan.
Progress on implementing the action plan is monitored and reviewed
monthly at senior management meetings
All new detainees are told on arrival that homophobic / transphobic
abuse will not be tolerated
Detainees invited to provide information about their sexuality if they
wish, and trends are monitored
A clear procedure for staff on how to prevent and respond to
homophobic bullying - with all staff trained on how to use it and
detainees consulted about it
Thorough investigation of homophobic / transphobic abuse with
serious incidents reported to the police.
So, what might the role of NPM
organisations include?
Examples of poor practice that
NPMs should challenge
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No policy. Or policies that are not backed by action plans
Action plans that are not regularly monitored and reviewed
Senior management who never discuss homophobic or transphobic
abuse and bullying
No clear statement to all detainees that homophobic or transphobic
abuse is not tolerated
Invisibility of LGBT detainees: no policy, no monitoring, no accessible
information about LGBT culture or organisations, and staff who claim
that “we don’t often have them here”
Condoms not available because detainees “are not allowed to have
sexual relationships”
Assumptions made, instead of preferences asked about.
Poor practice that NPMs should
take up:
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The prison collects information about racist incidents and it is
discussed regularly by senior managers, but there is no information
about homophobic incidents, so there is no discussion about them
A letter from the Diversity Officer to a detainee: “If I can be of any
further help to you with problems arising from your homosexuality
please do not hesitate to ask...”
A prisons inspector who recommends that a prison should “provide
staff with training on how to deal with gay people”
Prison staff simply give out the address of a support organisation
instead of inviting detainees to talk about their concerns
Discrimination against LGBT detainees is excused by reference to
religious teaching or ‘cultural’ norms that cannot be questioned.
Discussion and action plans
Thank you...
Peter.dunn@hmiprisons.gsi.gov.uk