| Guidelines for Advocacy
If you have come to help me,
You are wasting your time
But if you have come because your liberation
is bound up with mine
Then let us work together.
Lilla Watson
(Australian Aboriginal Woman)
Introduction
Who is an Advocate?
An Advocate
can be any person or any group who seeks justice for another –one
who for various reasons is disabled in their ability to act for themselves.
An advocate may:
- uphold the cause of
another through support or pleadings
- defend by argument and/or
- intercede
on behalf of another
What should the
governing principles of any prisoners’ advocate entail?
- To a pursuit of justice
that is seen to be done
- To understand that any
information collected and/or given by a prisoner
is confidential unless told otherwise
- To use a
vocabulary which reflects at all times the reality of imprisonment
(see Section I)
- To uphold the focus
on truthfulness and normative legitimation (see Section III)
- To reject
any means/ends rationality which
is indifferent
to culture,
society, personality and Constitutional entitlement in
particular the
guarantees under section 15 of the Charter of Rights and Freedoms
of the Constitutional
Act of Canada.
When confronted with a
problem concerning the rightness or wrongs of “treatment” and
the willingness or unwillingness of an advocate to speak for the
cause of the prisoner, one needs to ask the questions:
Advocates wish to strengthen
bonds of human solidarity. Decreasing the dominance of systems is one method.
How
does a prisoners’ advocate work?
Upon the acceptance of
assistance offered to those with no voice or those whose voice is not heard,
enabled or accepted
to be legitimate, the
advocate works by seeking justice on their behalf:
- By showing the same
respect to the prisoner as you would to any person you were acting on behalf
of
- By asking the prisoner
what s/he thinks could remedy the situation before making suggestions of
your own.
Sometimes
the prisoner knows what to do, but doesn’t know how to begin
the process. Often the prisoner may not have any ideas, but
it shows respect to
ask first.
- By assisting
the person
to become productively pro-active in his or her
own situation through
education
and example. The most help you can provide to
any prisoner is to assist them in building on their own strengths.
Often the prisoner
simply
does
not understand
that s/he does have strengths and therefore can
make choices positive to her or his existence. Most prisoners
need
help in understanding
that
for the time
being, prison is their existence but no matter
how long or how short a time, it is mainly in their hands
how the
time is spent.
- By understanding that
you are not expected to know the many nuances involved in the prison experience.
Use
care when using
descriptive
terms.
If
you
are unsure of the application of any descriptive,
refrain from using it until you
are sure.
(see Appendix I – Language)
- By acting as a resource
person in the capacity that you are most
comfortable with. The needs
of prisoners encompass
all
aspects of existence, however
each prisoner has her or his own priority
list.
- By always asking permission
of the prisoner to request the assistance of
another person and/or group
If you are referring any
question or request
to another
person,
ask
the prisoner if that is acceptable before
involving anyone else.
- By quickly
acting to
refer the matter to another advocate,
specialist or group when in an emergency situation
i.e.: If the person you are assisting
is held incommunicado causing you concern
- By returning
phone calls
and requests by prisoners
as soon
as possible
even if not being able to help immediately
- By
leaving a message on your answering service stating return time when
out of the area and
preferably leaving
someone else
to reference
58. The purpose and justification of a sentence of imprisonment
or a similar measure deprivative of liberty is ultimately to protect
society against crime. This end can only be achieved if the period
of imprisonment is used to ensure, so far as possible, that upon her/his
return to society the offender is not only willing but able to lead
a law-abiding and self-supporting life;
60. The regime of the institution
should seek to minimize any differences between prison life and life
at liberty which tend to lessen the responsibility of the prisoners
or the respect due to their dignity as human beings.
61. The treatment
of prisoners should emphasize not their exclusion from the community,
but their continuing part in it…
United Nations Standard Minimum Rules
for the Treatment of Prisoners New York,
1984 |
An advocate does not:
- ask
the prisoner what s/he is doing time for (considered by prisoners to
be extremely rude)
- betray anything considered
by the prisoner to be confidential
- ask a prisoner anything
about any other prisoner
- seek counsel from prison
authorities
- make promises s/he cannot
keep
When agreeing to find information, etc. give yourself a reasonable
amount of
time to obtain results and communicate the length of time required
in a clear
manner.
I.e. “This may take (specified period of time) to find out for
you. I will get back to you on this (day & date).”
- reinforce the
ideal of penal authority
- rationalize punishment
particularly when euphemized as “treatment”
- assist in the control
of prisoners
- accept any oral or written
statements concerning a prisoner and/or her/his behaviour as the complete
and unmitigated truth
of
the matter without first
listening to the prisoner’s perspective in privacy
- participate
in the searching of a prisoner and/or her/his belongings
- speak “down” to
a prisoner (It will be obvious and your attempts
at helping may be rejected. On the
other hand, don’t expect that
all prisoners will understand terms that you use. If
you are unsure, affirm
their understanding
from time
to time when in dialogue.)
Effective Advocacy
- Understand
yourself and your motivations for involvement.
- Understand that every
situation in all of our lives is “political”
- Be realistic but maintain
a strong focus. Understand that the prison regime is a very complex
and complicated one. It is most unlikely that you
could help any prisoner in all of the areas of need.
If the entire gamut
of needs by prisoners seems overwhelming, you might consider a selection
of particular
areas
of personal
interest.
Would your advocacy interests,
talents and focus be better used as a therapist
or a teacher? a counselor or a leader? a spiritual guide or a meditation
partner? a housing advocate and liaison? a First Nations advocate? Women
of colour advocate?
community liaison? Post-secondary education advisor? assertiveness trainer?
transportation coordinator? volunteer crisis intervenor? liaison in family
relationships? legal
inreach? vocational assistance? health and fitness counselor? Fine arts
or applied sciences?
- Try to be thorough in a
general way or in a specific way if you have selected a specific area of
advocacy (see Section IV for specific
needs of prisoners).
-In researching and in
keeping updated on new legislation and correctional policies.
-In clarifying
to yourself
the differences between “privileges” and “rights”,
between “treatment” and “punishment”,
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