October 8, 2004 – The recent UNICEF report “Justice for Children: Detention as a Last Resort. Innovative Initiatives in the East Asia and Pacific Region” recognises the efforts of a number of East Asian and Pacific countries to bring their juvenile justice systems in line with international standards and to fully safeguard the rights of children and juveniles who come into contact with the law.
A 2001 UNICEF review of juvenile justice in the region found that despite improvements, many children continue to be arrested, found guilty, and convicted of petty crimes as first-time offenders. Children with histories of abuse at home, violence in schools and at home, substance abuse and street children often end-up in the criminal system and are not provided proper treatment and/or counselling. As an example, UNICEF found that in the Philippines, 80% of offenders were found to have previous records of abuse.
Among the initiatives highlighted in this new report are a community-based prevention and diversion programme in the Philippines, which helps keep children out of the criminal system and provides for alternative sentencing for those that are involved in it. In New Zealand, the Police Youth and Diversion Project has led to police giving 80% of young offenders warnings or diverse options instead of detention. In the island-nation of Palau, restorative justice is met through reconciliation and healing based on the traditional beliefs of the islanders.
Thailand – child sensitive courts
As a result of collaborative efforts by court officials, child rights organisations, and child advocates, Thailand has enacted progressive legislation creating ‘child sensitive’ procedures for children involved with the criminal justice system – whether as offenders, victims, or witnesses. Measures include the use of video-linked television systems for taking the depositions of children, training of key actors in the criminal justice system, and mandatory attendance of child counsels, psychologists, or social workers during proceedings.
As a result of the programme, video equipment and child-friendly rooms have been set up in all 76 provinces in the country. Twelve training workshops for 1,400 key personnel have taken place and between six to eight cases a day in each court are conducted according to the new measures. Thailand will assess the implementation of the new laws this year.
Cambodia – legal representation for all
The arrest and detention rate for child and juvenile offenders has increased in Cambodia, where the legal system does not yet adequately provide for all children. Many children and juveniles have suffered from the violation of their basic rights while detained. As a result of the legal assistance provided by the Child Protection Unit of the Cambodia Bar Association, some children and juveniles have been released from custody and acquitted, with services including education made available to them upon release.
Key activities of the programme include on-the-job training for lawyers and judicial assistants, legal representation provided for children in conflict with the law and child victims, and sensitisation of legal officials regarding the special needs of children and the law. Over 350 children in conflict with the law and child victims were provided legal assistance between May 2000 and December 2002 and the period of time for which children are detained while waiting detention has been reduced. As a result of training by the Child Protection Unit of police, abuse of children has also gone down.
Philippines: Special advocates
In the Philippines, a volunteer programme has given child advocates the means to provide necessary services to children and youth in conflict with the law since 2002. These “special advocates” interview everyone involved with their assigned case, determine how the needs of the children can be met and what resources and services are available. The volunteers may represent and plead the cases of the child involved, and make recommendations to the court as to what they believe is best for the child.
Most of the 150 trained volunteers are from Philippines child-rights NGO’s and they help children involved with the legal system to understand often complex court proceedings, including helping them to interpret legal language.
Although there has been no evaluation of the project to date, there has been a reduction in the number of children who have been ‘forgotten’ and ‘set adrift’ in foster care and institutional homes. A Manila court has appointed advocates to provide assistance to approximately 500 children every year, and the programme is being replicated in other parts of the country.
Source: Unicef.
Read further: The full report
