An evaluation of the child justice systems dealing with children in conflict with the law
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Date
2013
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Abstract
The main purpose of this study was to evaluate the child justice systems dealing with children in conflict with the law. The research venue was the C-Court at the Katutura Magistrate Court and the duty stations of the key informants were in Windhoek. The researcher used qualitative and quantitative research approaches in conducting the study. The qualitative research approach applied the summative evaluation and the quantitative method utilized the survey design. A structured questionnaire was administered with 70 respondents at the Katutura Magistrate Court to obtain detailed knowledge of the specific needs of children. The data captured from the questionnaires were analyzed using the statistical package for social sciences (IBM SPSS Statistics - 19). Results are presented in frequency tables, bar charts, pie charts and other forms of graphs for interpretation.
The findings for the quantitative approach were based on the extent and distribution of the problem such as the protection of the rights of children during arrest, detention, screening and rehabilitation offered by the diversion programs.
In-depth interviews with the 20 key informants were conducted because of their expertise in child justice and the power they wield in decision making. Data was gathered through a semistructured interview guide. A tape recorder and field notes were used. A profile of the personal information of a child in conflict with the law reveals that boys are more likely to commit crime than girls aged 14-17 across four cultural and ethnic groups: Damara/Nama, Afrikaans, Oshiwambo and Otjiherero. They were mostly out of school and repeat offenders. Generally all crimes committed had a bias towards meeting the economic needs of the child offender.
The services available for children in conflict with the law were found not to be adequately aligned with the United Nations Convention on the Rights of the Child. Detention was invariably applied at the expense of alternative measures to deal with children in conflict with the law. Several children were detained with adult offenders and in addition there were limited opportunities for assessment before the first court appearance. Cases were not speedily finalized or held “in camera”. Services to children in conflict with the law are provided in a fragmented
manner and the Inter-ministerial Committee on child justice which is supposed to coordinate services is not fully functional. The study recommends that minimum guidelines be developed for the pre-trial process on how children should be treated during assessment, arrest, detention and pre-trial diversion. The development of a structure for child justice is imperative as well as the enactment of the Child
Justice Bill. Programmes on resilience should be offered to boys so that they can acquire skills and capabilities on how to deal with life’s difficulties. Multi –model crime prevention strategies at primary, secondary and tertiary levels, with the involvement of the parents should be offered to children. The extension of restorative justice approaches should be supported. Finally capacity building of key stakeholders should be prioritized to give sufficient backing to the activities leading to the achievement of the recommendations made.
Description
A thesis submitted in fulfilment of the requirements for the Degree of Master of Arts in Social Work.
Keywords
Child justice system