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By Abdul Manaff Kemokai- DCI Sierra Leone. Background Legal framework- international, regional and...
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Transcript of By Abdul Manaff Kemokai- DCI Sierra Leone. Background Legal framework- international, regional and...
By Abdul Manaff Kemokai- DCI Sierra Leone
Background Legal framework- international, regional and
national Alternatives to detention Laws vs common practices Implication Child friendly justice- elements Conclusion and recommendations
A worldwide movement for Children’s Rights Founded in 1979 Has 40 sections worldwide Contributed to the drafting of the UNCRC Has consultative status with ECOSOC Mainly focus on Juvenile Justice and violence
against children at international level
Over one million boys and girls are behind bars worldwide, too often in horrific, degrading, overcrowded and violent conditions
According to UNICEF and UNODC, Millions of children spend substantial periods of their lives under the control and supervision of care institutions or justice system
Include offenders, asylum seekers, children with their mothers, status offenders, child soldiers & others
At risk of violence from staff and officials
The UNCRC, ACRWC and Beijing Rules emphasized the following:
Deprivation of liberty- a measure of last resort and for the shortest possible time
Institutionalization be avoided to the greatest extent possible
Children should be held separately from adults given account of their age
Absence of residence status not a justification for detention of asylum seekers, separated children, refugees etc.
Should not lead to cessation of any other rights e.g access to education, food, contact with family, health care, leisure and recreation
Special attention be given to personal needs and problems especially for girls, and children with disability
Girls and children with disability shall by no means receive less care, protection, assistance, treatment, training than boys
Best interest ParticipationAccess to information and advice
Protection including privacyNon-discrimination
Most countries have ratified the UNCRC and ACRWC and attempted to upgrade their legislations to be in line with UNCRC and ACRWC
Prohibiting detention, (except as last resort and for the shortest possible period) appears to be a norm in most African States
Principle applies to both pre-trial and post trial detentions
Some countries e.g Uganda, have further limited the period of detention: Sec 91(5) of the Children’s Act states that “ a child may not be remanded for more than 6 months in case of an offence punishable by death and for not more than 3 months in case of other offences”
Similar provisions can be found in other children’s legislations from Ghana, Tanzania, Sumaliland, Kenya etc
Most national legislations make provision for alternatives to detention including bail, conditional release, on his/her own recognizance
Some have also provided for remand in other type of dwellings (e.g South Africa, Zambia and Sierra Leone)
Proviso such as- “release will defeat the end of justice” ; “ remove the child from undesirable circumstances” ( e.g in Malawi and Sierra Leone) undermine limitations of deprivation of liberty
Laws not generally adequately implemented because: Structures and personnel very limited Inclined to focus more on legal proceedings with
little attention to social support Orientation of formal justice system is largely
retributive and deprivation of liberty is often the ultimate goal
Lack of mechanisms and clear procedures to use alternatives to detention
Age verification often a challenge Child protection units within the police not
sufficiently utilized
Most children on trial are still in detention in many countries
Children still held for excessive long period of time often in contravention with the very local/national legislations
Delay in trial- sometimes children forgotten or abandoned in the system
Many children still missed out on access to other important rights e.g education- threat to MDG
Platform for recruitment of many future criminals
Takes into account special care and needs of children in contact with the law (offenders, victims and witnesses
Strategies to adapt a legal proceeding to the particular circumstances of the child
Takes into account socio-cultural traditions and legal system of the state
The legal system is able to positively shape children’s live
Prevent additional trauma for children
Empowers children to enforce their rights
Multidisciplinary approach Training of professionals Provision and access to legal assistance for all children
Child friendly legislation should have provisions for full enjoyment of legal rights and clear procedures
Well developed mechanisms for alternatives to detention, diversion and social support for rehabilitation and reintegration
Responsible structures should be adequate and well resourced
Child friendly detention facilities should have educational and integrated programmes
Enforce rule of law
Monitoring and Accountability mechanisms for law enforcement officials, professionals and traditional rulers that administer justice for children
Effective linkage between the formal and informal/traditional justice systems
Strengthen child protection units within the police Compulsory, affordable and accessible birth
registration- including mainstreaming of comprehensive guidelines for age verification at every institution
Thank you for your attention