Listen to thisOn 20 November 2003, as part of efforts to mark Universal Child Rights Day, the first East African Regional Conference on Juvenile Justice, drawing participants from Kenya, Tanzania and Uganda, was held in Nairobi, Kenya. Organised by The Child Rights Advisory and Legal Documentation Centre (CRADLE), a child rights non-governmental organisation in Kenya, the Conference featured representatives of governments, child rights NGOs, donor organisations and individual practising lawyers drawn from the three countries. It was as a result of this landmark conference that the idea of an East African Juvenile Justice Network was conceived.
Why a regional juvenile justice network?
During the discussions at the conference, participants identified some
of the common problems that transcend the implementation of children's
rights in the region with particular focus on juvenile justice issues.
It became apparent that at the apex of these common constraints was the
issue of lack of legal representation for children accused of committing
crimes or child victims of crime. This is against the background of
increasing juvenile offending in the region coupled with skyrocketing
statistics on child abuse – the bulk of which comprises cases of sexual
offences committed against the girl-child.
Participants appreciated efforts on the part of a number of civil society organisations in providing free legal services to children in the three respective countries. However, it became evident that institutionalised legal aid schemes, not only for children, but also for the general populace was markedly non-existent and still ranked low in the regional governments' priorities. This lacuna exists despite the inclusion of the child's right to adequate legal representation in the UN Convention on the Rights of the Child, the Constitutions of Uganda and Tanzania and in the recent Children's Statutes of Kenya and Uganda.
The ambivalence on the part of the respective governments towards this aspect of children's rights is made all the more glaring by the case of equally lethargic and indifferent legal professions in the three jurisdictions. Thus, in all three countries, very few lawyers are willing to take up cases on the basis of voluntary legal aid/assistance. A remarkable exception to this general position is the case of Uganda where participants were informed that it is now a requirement that before the annual renewal of practising certificates for lawyers in private practice such lawyers must have done at least four cases of pro-bono work (voluntary legal aid) which may include litigation of children's cases (albeit not necessarily).
Participants recommended the possibility of tailoring such a rule in a way that may be beneficial to the protection of children's rights, for example, by requiring that part of such voluntary legal work should entail the provision of legal services (within a certain period of time) to the cause of children's rights.
Thus, while participants acknowledged the dire need for institutionalised government-sponsored legal aid schemes for the fulfilment of the right to legal representation within the juvenile justice systems, the place of the private sector in this regard was borne in mind. It was emphasised that civil society and individual legal practitioners alike had obligations to this end.
Yet another common issue identified was that of the general lack of public awareness on the subject of children's rights coupled with the disinterest on the part of key stakeholders, particularly government officers tasked with child rights issues.
The network and its objectives
According to the Memorandum of Understanding (MOU) to be signed between
the network’s members, it is envisaged that the network will bring
together child rights NGOs, institutions (including government
departments on children's rights) and individuals working within the
child rights sector in the East African region. Already, 15
organisations, including one international non-governmental
organisation, have indicated the common desire to become members.
The objectives of the regional network include:
The identification, replication and development of best practices in juvenile justice within the region using international standards and experiences.
The coordination of juvenile justice issues within the region amongst and between members.
Undertaking of collaborative efforts on issues of juvenile justice in the region, including the provision of free legal services within the context of cross-border legal practice, training on pro-bono legal aid, and public awareness on the rights of children.
Identifying gaps in legal provisions, policies and the juvenile justice systems within the region including the need to lobby for and foster coherent child laws.
Building capacities of members, other non-governmental organisations and government agencies in dealing with juvenile justice issues including through efforts in legal and para-legal training and advocacy.
The development of joint publications on juvenile justice issues.
Conclusion
With the common constraints besetting the three countries in mind and
the regional integration under the auspices of the EAC already under
way, it must be conceded that the idea of a regional juvenile justice
network is indeed timely. It is therefore heartening to note that the
network’s gestation is just about to be completed as evidenced by the
drawing up of the MOU between the member organisations.
This MOU, inter alia, identifies the comb position of the steering committee in charge of the network’s day-to-day running and a secretariat for the network’s day-to-day operations. Further, it is noteworthy that within a short span of three months, at least 15 organisations and institutions have already expressed interest in the regional network’s membership. It is hoped that this noble idea will come to fruition for the betterment of the protection of children's rights in the regional juvenile justice systems.
This Feature: Odongo, G.O. (2004) The birth of a regional juvenile justice network in East Africa. Article 40, Vol.6 No.1, 10-11.
