Sections:
Reforming juvenile justice in Malawi: Rescuing children from adult prisons
25 April, 2007
In Malawi, the law states that under 18s should not be sent to adult prisons.
However, for a long time courts and police have been sending children to
prison as an easy option. Some children have even been detained for ten years or
more, in often overcrowded prisons where they are at risk of abuse, are deprived
of education, and have little chance of growing into well-rounded adults.
Children are allowed to be detained in the country's reformatory centres, but for a maximum of six months, and only as a last resort or if the child is especially likely to re-offend. In the past, however, the reformatory centres have been underused.
In 1999, when Malawi’s two reformatories were capable of holding 210 children, only 60 out of 1770 children held within the country’s penal system were in reformatories. Children were routinely being tried in adult courts (often without proper consideration of social workers' reports), given custodial sentences and then held in adult prisons.
What is DFID doing to help?
DFID, together with Malawi's government and
UNICEF, is working to improve
justice for young people through the National Juvenile Justice Forum (NJJF). The
NJJF was established in 2002 to work with children who have been in trouble with
the law, as well as children who belong to poor and vulnerable groups within
society.
The NJJF puts the interest of the child first, ensuring that custody is used
only as a last resort and for the shortest possible time, while at the same time
taking into account the rights of the victim. The aim is to establish a fair
and humane juvenile justice system in Malawi.
DFID funds the Secretariat of the NJJF, enabling it to coordinate the work that needs to be done towards achieving this goal. Funding is also being given to establish child-friendly courts and provide extra protection for vulnerable groups. Through the NJJF, DFID has also improved the conditions within reform centres, and provided minibuses that allow children to be easily transferred from prisons to the centres.
The story so far
So far, the NJJF’s successes have been considerable. As well as reducing the overall number of children in adult prisons from almost 1700 in 1999 to 400 in 2006, the Forum’s work has helped to make the Government more accountable to the people, and encouraged it to listen more closely to the needs of marginalised communities.
The major achievements of NJJF have included:
Establishing child-friendly courts, which have had a huge impact in reducing the number of children being sent to prison. For example, one court registered 78 cases in 2006, with 68 cases completed and no prison sentences given.
Improving the conditions within prisons and reformatory centres by renovating buildings, supplying beds and mattresses, and providing essential materials such as soap, medicines, books and sewing machines.
Training magistrates, prosecutors and social welfare officers in the criminal justice process, and helping to develop the Child Justice Bill, which lays down procedures to ensure that children are not tried in the formal criminal justice process.
- Working with communities to resolve issues at the local level. This has led to the creation of local committees which screen child offenders, and to better use of community policing and village courts.
Future directions
The NJJF is planning to roll out this programme across the country to ensure
that all children in Malawi are treated fairly and humanely by the law, and in
accordance with proper procedures.
In the words of a 14 year old who had been in prison for three years and had been sexually, physically and emotionally abused by adult inmates:
“Life at the reformatory school is like life at home. It’s almost like a second home. We can move freely, play with others and learn skills. In the adult prison there is no child. The treatment is inhumane. It’s not meant for children like us. I’m happy to be here at Mpemba.”
Key Facts
- A total of £153,289.90 was spent on setting up and running the NJJF from 2002 to March 2007.
- There are 28 prisons in Malawi with a capacity of 5000. The current number of people held in prison is 11,500. Of the two reformatory centres, Mpemba boys' home is now able to accommodate 370 children, and Chilwa 120.
- DFID is in the process of consulting and designing a new three-year Safety, Security and Access to Justice (SSAJ) programme which aims to improve access to justice for the poor at community level (particularly for women) through formal and informal means.
- The NJJF is part of the Malawi Government’s Safety Security and Access to Justice (MaSSAJ) project. The MaSSAJ programme
(386 KB) works with different justice institutions including the police, the prison service and the judiciary, as well as community leaders and local organisations to promote access to justice.