by abdul manaff kemokai- dci sierra leone. background legal framework- international, regional and...

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By Abdul Manaff Kemokai- DCI Sierra Leone

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Page 1: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

By Abdul Manaff Kemokai- DCI Sierra Leone

Page 2: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

Background Legal framework- international, regional and

national Alternatives to detention Laws vs common practices Implication Child friendly justice- elements Conclusion and recommendations

Page 3: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 4: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 5: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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.

Page 6: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 7: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

Best interest ParticipationAccess to information and advice

Protection including privacyNon-discrimination

Page 8: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 9: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 10: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 11: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 12: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 13: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 14: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 15: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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 

Page 16: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

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

Page 17: By Abdul Manaff Kemokai- DCI Sierra Leone.  Background  Legal framework- international, regional and national  Alternatives to detention  Laws vs

Thank you for your attention