The Problem

The criminalization of people living in poverty coincides with intersectional oppression based on such factors as race, ethnicity, class, sex and gender identity. As a result, most people who are socially marginalized for any other discriminatory reasons are also economically and politically excluded, which relegates them to a life of poverty.

Globally, the prison population has reached an unprecedented 11.5 million people as of 2021, marking a 24% increase since 2000. Africa alone has seen a 38% rise, while other regions like Central America (77%), Oceania (82%), and South America (200%) have similarly troubling increases. Compounding this issue, 121 countries operate prisons above capacity, with 13 of these (seven in Africa) exceeding 250% occupancy levels. Overcrowding exacerbates already harsh conditions, including limited access to healthcare, inadequate hygiene, and restricted rehabilitation opportunities (Penal Reform International, 2022).

Discriminatory laws and practices further entrench systemic inequality within justice systems, disproportionately affecting marginalised groups. For instance, in 42 African countries, colonial-era laws criminalise life-sustaining activities such as loitering and vagrancy, targeting the poorest communities. Penalties for vagrancy range from six months to two years, while begging offences can result in imprisonment for up to seven years.

Punitive drug policies contribute significantly to prison overcrowding. Over 2.2 million people are imprisoned globally for drug-related offences, with laws often failing to distinguish between minor possession and large-scale trafficking. Children involved in drug markets due to economic necessity also face harsh sentences, despite international calls for alternatives to imprisonment, such as rehabilitation and education.

The COVID-19 pandemic has further highlighted the disproportionate impact of criminal justice systems on vulnerable populations. Many individuals from financially disadvantaged backgrounds were imprisoned for breaching quarantine measures while attempting to access food or work, leading to further economic hardship.

These systemic inequities disproportionately affect women, children, ethnic minorities, and LGBTQ+ individuals. For example:

• Women in prison globally have increased by 33% over the past 20 years, compared to 25% for men (UNODC, 2021).
• Ethnic minorities and indigenous people often represent up to 50% of prison populations in some regions, exemplifying systemic racism.
• Around 261,200 children are detained globally, with North America (137 per 100,000) and Latin America and the Caribbean (77 per 100,000) showing the highest rates.
• LGBTQ+ individuals are disproportionately arrested and face heightened violence in detention, even in countries where same-sex conduct is not criminalised.

IBJ’s Solutions

IBJ recognises that addressing the root causes of over-incarceration and the criminalisation of poverty requires systemic, inclusive, and human rights-focused interventions.

Impact in Focus

In Myanmar, IBJ defenders are working to provide legal protection to ethnic minorities in areas such as Mandalay, Taungoo, Hpa-an, Taunggyi, and Naypyitaw. Our work in Myanmar also includes defending the rights of women, children, persons with disabilities, and sexual minorities. In India, IBJ is the primary organization working to provide free legal services to the minority Muslim population, which constitutes just under 14% of the country’s population. Muslims in India have, in effect, been criminalized, and despite being a minority, are almost 20% of the country’s pre-trial detention population, while in some states like Assam, Muslims constitute 47% of convicted persons and 52% of pre-trial detainees. In Turkey, IBJ is spearheading an EU-funded ‘Advancing Justice for Syrians in Turkey’ project aimed at providing legal protection to the over 3.7 million Syrian refugees currently in Turkey who are faced with structural racism in the criminal justice system manifested in unlawful deportations, arbitrary detention, coerced returns, and beatings. In Zimbabwe, IBJ deployed defenders to secure the release of mostly indigent individuals arrested for violating COVID-19 related laws as they pursued life-sustaining activities such as vending to fend for themselves and their families.

Our work extends beyond simply providing legal protection to marginalized individuals, including those living in poverty and all minorities who find themselves in conflict with the law. We aim to address the power imbalance between the state and vulnerable individuals. We make use of the normative force of due process rights to demand equal protection under the law for all persons, regardless of race, ethnicity, class, sex, gender identity, or any other factor. Through ensuring systematic early access to a lawyer for all, particularly for those who cannot afford it, IBJ works to break the cycle of poverty. We rescue individuals from police cells and detention facilities, preventing them from being subjected to torture or other abuses while incarcerated. Most importantly, the legal protection provided by IBJ’s defenders significantly reduces the time incarcerated individuals spend in custody, ensures fair trials, and mitigates against wrongful conviction and unduly harsh sentences.

Alignment with SDGs

• SDG 16: IBJ contributes to SDG 16 by promoting access to justice for all and building effective, accountable, and inclusive institutions.
• SDG 10: IBJ’s efforts to provide legal representation to marginalized individuals help reduce inequalities within and among countries.
• SDG 1: By addressing the legal needs of the impoverished, IBJ supports the eradication of poverty in all its forms.

Our Call to Action

IBJ urges governments, donors, and stakeholders to support efforts in combating over-incarceration and criminalisation of poverty. By fostering inclusive justice systems and dismantling systemic inequities, IBJ envisions a future where dignity and equality prevail over marginalisation and exclusion.

Useful Resources