French Version

Background

Children come into contact with the justice system in many ways, including civil, criminal, and administrative proceedings, and also in different capacities; as victims, alleged offenders, witnesses, or otherwise seeking the intervention of the law. Furthermore, it is recognized that justice systems in Africa are predominantly adult-oriented and therefore seldom cater to the needs of children. Where special rules designed particularly for children exist, with corresponding legal obligations for States, adherence thereto is limited. Indeed, despite the general acceptance of the need for child-friendly justice interventions, children’s access to justice in Africa is largely compromised. Many issues hinder the effective implementation of child justice standards in most African countries. Such issues include a knowledge gap due to the dearth of comprehensive studies on child justice in Africa, existing gaps in the legal and policy and implementation frameworks on child justice, child unfriendliness amongst institutions and mechanisms dealing with children in the context of access to justice, and inadequate support for especially vulnerable groups of children. The limited recognition, appreciation, and or underdevelopment of indigenous and other informal justice mechanisms, as well as limited awareness about child justice are also to be noted. 

In November 2011, the African Child Policy Forum (ACPF) in partnership with Defence for Children International (DCI) hosted the Global Conference on Child Justice in Africa in Kampala, Uganda.  The Conference was accompanied by a Study titled “Achieving Child Justice in Africa,” which highlighted the normative framework relevant to child justice in Africa, as well as the main challenges facing the implementation of these norms and standards. The findings of the Study as well as papers presented by various practitioners of child rights from different countries across Africa at the Conference, noted key gaps in the child justice systems in various African countries including: the absence of dedicated child justice structures in a majority of the countries, as well as systemic deficiencies in the structures meant to ensure that child rights are effectively protected. Furthermore, while African countries had ratified various legal instruments at the international and regional levels, these norms and standards were hardly translated into domestic law; with limited knowledge and technical and resource capacities of the key stakeholders responsible for the implementation.

One of the fundamental gaps highlighted by the 2011 Study was the prevalent use of informal and traditional justice mechanisms, and the corresponding challenges in ensuring the protection of the best interests of children in these contexts. It was also acknowledged that the justice systems and structures were often not inclusive enough, making it harder for especially vulnerable groups of children (such as children with disabilities or children deprived of a family environment) to access justice. 

Rationale

It has been seven years since the Child Justice Study and the Kampala Conference, and there have certainly been some positive developments in the advancement of children’s access to justice in various African countries. For instance, the Conference yielded key outputs including the Guidelines on Action for Children in the Justice System in Africa, which were subsequently adopted by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) and have served as a key framework in addressing the rights of children in the justice system. Since the Conference, the East African Community adopted and has taken cogent steps to implement its Child Policy, with access to justice as a key indicator of successor to the implementation of this policy. Furthermore, through the African Union Africa’s Agenda for Children 2040 each Member State committed to have, by 2040, a “holistic juvenile justice system in place, including a comprehensive law on juvenile justice, with provisions for diversion and efficient alternatives to the justice system.”

Notwithstanding this progress, immense challenges still remain on the path to promotion and protection of the best interests of children when involved in the justice system. To address these challenges, ACPF and DCI, undertook a follow-up regional Study to document the current status of child justice in Africa as of 2017. This Study provides an updated overview of the status of access to (formal/informal) justice for children on the continent, paying particular attention to developments relevant to protection in the context of informal and traditional justice systems as well as access to justice by especially vulnerable groups of children. What constitutes ‘vulnerable groups’ may vary from country to country, but would include children with disabilities, children deprived of a family environment, children on the move (e.g. refugees or internally displaced children), and children from marginalised communities. The Study is supplemented by documentation of good practices in the promotion of access to justice for children which have potential to be transferred to other countries beyond the African region.  

The ongoing United Nations Global Study on Children Deprived of Liberty[1] formally requested by the United Nations General Assembly’s Child Rights Resolution in December 2014[2] is a further opportunity to contribute to and respond to the knowledge gaps in relation to child justice in Africa. The Study aims at collecting qualitative and quantitative data on children in detention, while also Studying good practices that can shape more effective policies and practices. DCI co-convenes the NGO panel for the Global Study on Children Deprived of Liberty, together with Human Rights Watch (HRW), and ACPF is one of the Panel’s 140-member organizations. The NGO Panel will ensure the contribution of civil society organizations to this global initiative.

It is against the backdrop of this Regional Study that ACPF and DCI are hosting a continental conference to deliberate on recent developments on children’s right to access to justice in Africa, including children’s deprivation of liberty, and to facilitate dialogue on the policy changes that are necessary to ensure the protection of the rights of children in the context of access to formal/informal justice.

Objectives

The overall goal of the Conference is to take stock of the progress made towards achieving the protection of child rights in the context of access to justice and contribute towards further improvement of laws, policies, systems and procedures in the justice system in Africa. In addition, a day will be dedicated to a Thematic Consultation on Children in Conflict with the Law, linked specifically to the United Nations Global Study on Children Deprived of Liberty.

The specific objectives of the Conference are:

• To share knowledge on the current status of children’s right to access to formal/informal justice,
• To shed light on the protection of the best interests of children in the context of informal mechanisms of justice, as well as the protection of the rights vulnerable groups of children in the justice system in African countries,
• To facilitate dialogue and catalyse policy action on ways of enhancing access to formal/informal justice for children in Africa,
• To facilitate sharing of effective and transferable models of enhancing access to formal/informal justice for children in African countries, and
• To consult with key stakeholders in Africa on the status of children’s deprivation of liberty, to inform the Global Study on Children Deprived of Liberty in the area of Children in Conflict with the Law.

Methodology

The Conference will be presented in plenary, with individual presentations as well as panel discussions. Presenters at the conference will be drawn from renowned experts on child rights, researchers, policy makers, and child rights practitioners, mainly from the African continent. The Conference will also dedicate a third day to a structured consultation to inform the Global Study on Children Deprived of Liberty, in collaboration with the Independent Expert and other key stakeholders. 

Conference Participation

The Conference targets child rights practitioners, particularly those working within the (child) justice sector. These include representatives of the African Union particularly the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) and the African Commission on Human and Peoples’ Rights, the AU Departments of Social Affairs and Political Affairs, African governments, civil society organisations (CSOs) including international and national non-governmental organisations, UN Agencies, particularly UNICEF, and members of academia mainly from across the African continent.

The Conference will particularly target participants that are in decision making and policy influencing capacities in order to facilitate uptake of the deliberations and recommendations of the Conference. With regards to the Consultation (one day, 10 May) for the Global Study, both State and NGO representatives will play a key role in informing the Study and actively participating in the Consultation.

Date and Venue

The Conference will be held on 8 and 9 May 2018, with the Consultation for the Global Study taking place on 10 May 2018, in Addis Ababa, Ethiopia.

Conference Conveners

The African Child Policy Forum (ACPF)

The African Child Policy Forum (ACPF) is an independent, not-for-profit Pan-African centre of policy research and advocacy on the African child. It was established in 2003 out of concern about the situation of the African child and the need for Africans to recognise their responsibility to collectively ensure the realisation of all rights to all children.  The major focus of ACPF’s work is to promote State Accountability. Sustained change can come about only through vigorous state action. And this requires a multi-pronged approach, especially vigorous advocacy by Africans and African civil society. The major pillars of its work, therefore, are: knowledge-building; Policy Advocacy’ Policy Dialogue; and the creation of a stronger collective voice for children in Africa. Only by doing so can we hold governments accountable and help establish an Africa where our children will have roots to stand and wings to fly. 

Defence for Children International

DCI is an independent non-governmental organisation that has been promoting and protecting children’s rights on a global, regional, national and local level for almost 40 years. When the movement was founded in 1979, few international structures were dedicated to using a human rights-based / child-centred approach in addressing the many problems faced by the world's children. DCI was established in direct response to this void. DCI has more than 35 National Sections and associated members (in Africa, the Middle East, Asia, Pacific, Latin America and Europe) who carry out concrete programmes to promote and protect the rights of children. DCI has a commitment to maintain justice for children as one of its priority concerns, as well as commitment to the guiding principles of the UNCRC General Comment No. 10 on Children’s Rights in Juvenile Justice.