This year’s theme for Day of the African Child is: Access to Child Friendly Justice Systems in Africa. This occasion provides an opportunity to reflect on how our country is treating some of its most vulnerable, neglected and marginalised children – and to collectively pledge to do better for them. Immediate action is required to prevent uncontrollable spreads of COVID-19 in juvenile detention facilities. The poor conditions, overcrowding and limited health facilities pose a grave risk to the children held in detention. They should immediately be considered for release through use of measures such as bail, early release, pardons or suspended sentences. This pandemic does not discriminate; together we must ensure no child is left behind.
Children and Juveniles Behind Bars
In Sierra Leone’s justice system, children and youth are usually not treated any differently than adults. They often spend excessive time behind bars without charge – considered guilty until proven innocent. Detention is too often the first resort for offences committed by children.
AdvocAid’s monitoring visits to the Bo Remand Home shows the conditions experienced by the boys and girls detained there. At present 29 children currently under the age of 18, including one girl, are held in a dark, poorly maintained construction with poor sanitation facilities and insufficient food supplies. In the past 5 months, 8 young girls have been detained at the remand home, but there are no female members of staff and the girls’ sleeping area is not secure which is a serious safeguarding risk.
The remand home is severely under-funded and staff members stated that they lack the resources to refurbish the facility. Because the outer compound walls need repair and are not secure, the children are not allowed to spend any time outdoors. The boys and girls share access to 2 toilets with inadequate hygiene products.
The conditions in the Bo Remand Home clearly violate the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nation Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules) as well as procedures for child protection outlined in Sierra Leone’s 2007 Child Rights Act and the Children and Young Persons Act 1945.
Improving Conditions and Preventing the Spread of Coronavirus
The German Embassy has provided funding for AdvocAid to improve the detention facilities in the Bo Remand Home and to put in place basic protection measures for COVID-19.
To mark the Day of the African Child 2020, we organised events at the Bo and Freetown Remand Homes to highlight the need for a child-friendly justice system in Sierra Leone and the need to protect children in detention from COVID-19. The event at the Freetown Remand Home included statements from representatives from the Ministry of Gender and Children’s Affairs and the German Embassy Freetown and the distribution of lunch and welfare packs to the juvenile detainees.
Through this project, we are establishing and equipping a quarantine area at Bo Remand Home as well as repairing the ceiling and toilets, and repainting the interior walls. We are also securing the girls’ sleeping area by building a full height wall. We will be supplying new mattresses, mosquito nets, solar lamps and other welfare and recreational items for the juvenile inmates. We are also providing essential welfare and hygiene supplies to Freetown Remand Home and Approved School.
We are providing legal advocacy and welfare support, including COVID-19 sensitisation, for the children held in detention to ensure their basic needs are met during this challenging period. But improving the physical conditions is not going to change the context that enables neglect of children behind bars. The need for improvements to the long-term care and legal aid for children in the criminal justice system is clear.
Stories of Some of AdvocAid’s Juvenile Clients
Hannah freed after 10 years in remand home
Hannah* was 12 years old when she was arrested for defending herself in a fight with a much older woman. It took the court two years before eventually sentencing Hannah to 25 years in prison. Hannah came from the provinces but, as the court decided that she was to spend her sentence in the Freetown remand home, she went years without seeing any of her family members. Whilst in the remand home, AdvocAid worked hard to ensure Hannah could continue her education. Our social worker was able to build a strong relationship with Hannah through weekly visits and our legal team kept on pursuing her case. Through our advocacy Hannah was finally released after receiving a Presidential Pardon. She is now studying for the WASSCE, with hopes of one day becoming a lawyer.
Legal intervention resolved Aminata’s case at the police station
Aminata* was 16 years old when she was arrested for larceny of a mobile phone and held in a police cell with other adults. AdvocAid took on her case and by following up the investigation, the phone was recovered and returned to the complainant. Instead of being held in detention for months awaiting trial, all charges were dropped and Aminata was released from the police station.
Conclusion and Recommendations
Young women like Hannah and Aminata make up a majority of AdvocAid’s clients. We provide dedicated legal representation, social support and rehabilitation services to young girls in contact with the law. Access to justice is fundamentally important for the advancement of children’s rights and for defending the legitimate interests of children.
We welcome the Minister of Gender and Children’s Affairs recent announcement to review the Child Rights Act of 2012 in order to improve child protection measures and to review the Child Justice Policy to include the Hague Convention commitments. We recommend that government and justice sector partners work together to achieve the following:
- Children held in detention should be immediately considered for release to prevent the spread of COVID-19 – This can be through use of measures including bail, early release, pardons or suspended sentences.
- Treat children in the criminal justice system as children – not adults – Children in contact with the law need protection and care, separate from adults, and speedy trials are crucial to ensure successful rehabilitation and reintegration. Court procedures should be designed to take into account the specific needs of children.
- Implement non-custodial sentences for juveniles where possible – AdvocAid strongly urges the judiciary to always consider alternative sentencing for juveniles. Imprisonment should only be a measure of last resort, especially in light of the COVID-19 pandemic.
- Allocate funding to child justice – The conditions in the Bo Remand Home, where staff struggle to ensure a safe environment for the detainees, highlights the urgent need for allocating additional resources to child justice to ensure a functional legal system and humane conditions for children in detention.
- Improve rehabilitation and reintegration services – Children and young people, who have been in conflict with the law, are often faced with stigma and prejudice when they are released. This makes reintegration difficult and hinders rehabilitation. Education, social welfare provisions, family support and community mediation should be an integral part of the management of juvenile cases.
- Ensure age is accurately and transparently determined – Before initial charges are raised and the legal process begins, ensure that an individual’s age is accurately determined to the best extent possible. This will help prevent faulty sentencing that is difficult to undo or change later.
As we commemorate the day this year, AdvocAid calls on all stakeholders in Sierra Leone to join and support all efforts to protect under-age detainees in the justice system and advocate for their legal rights.
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About AdvocAid
AdvocAid provides access to justice, education and empowerment for women and girls in Sierra Leone. For more information about our work, please visit our website.
For Media Enquiries Contact
Lydia Kembabazi, Legal Manager: 075 142 524, legal.manager@advocaidsl.org
Suna Kumba Tucker, Programme Manager: 076 851 104, programmes@advocaidsl.org