A programme that seeks to have issues involving children who come in conflict with the law resolved outside of the formal court system is expected to be operationalised soon.
In continuing to implement the provisions of the Juvenile Justice Act 2018, the Ministry of Public Security and the United Nations Children’s Fund (UNICEF) will sign a Memorandum of Understanding (MOU) which will formalise partnerships between state and non-state actors in providing “diversionary measures” for children who come in contact with the law.
The MOU, which Minister of Public Security Khemraj Ramjattan described as a “model one,” will be signed next Tuesday by UNICEF and Director of Juvenile Justice, Orin Boston.
On Thursday, a formal event was held at the Ministry of Public Security to introduce the MOU and the players who will be involved in ensuring that its provisions become a reality.
The programme will involve youths who come into conflict with the law being diverted away from the formal court procedures into informal procedures.
According to Ramjattan, the diversions can range from an apology to compulsory attendance to a specified vocational institution or education centre. Other diversion alternatives include community service, compensation to the victim in an amount that the juvenile’s family can afford even before commencing procedures to go to court, warnings and referrals.
The minister also announced that remote court participation, which is going to be piloted in Region Four shortly, will see the establishment of a safe place to use technology for the delivery of justice. The remote court participation devices are going to be set up at the New Opportunity Corps and the New Amsterdam and Lusignan prisons for “purposes of saving money and time in relations to getting things done under the Act.” The minister said this will lessen the need for transportation as justice is accessed.
“These diversionary measures and options for children in Guyana [are] very timely,” Chief Magistrate Ann McLennan said. She observed that the Juvenile Justice Act was passed in 2018 and since then, the Ministry of Public Security was instrumental in appointing the Director of Juvenile Justice and the Juvenile Justice Committee was formed, all requirements under the Act.
She explained that the 2018 Act has made provision for alternative and diversion measures for juveniles in conflict with the law, both pre and post-trial, and emphasises education, rehabilitation and reintegration measures. The chief magistrate said it also provides alternative sanctions which can be imposed on culpable youths in conflict with the law. The judiciary, she said, has been in compliance with the Act and magistrates have developed a new posture in dealing with such matters. The support agencies, such as the police, probation departments, the Childcare and Protection Agency and non-governmental organisations (NGOs), have adjusted accordingly.
But there have been challenges such as the suitability of alternative and diversion measures, according to the chief magistrate, who said there is need to get the general public and victims to understand that children “must be treated different from adults whenever they come into contact with the law.”
McLennan commended the magistrates for using their initiative in some instances to ensure that some measures and non-traditional means were put in place to ensure that the children who appeared before them were given access to education, rehabilitation and prepared for reintegration into society. This was done in collaboration with UNICEF, NGOs and other agencies.
“All this was done ensuring that the best interest of the child was of paramount importance,” she said. The judicial official added that the judiciary is pleased that this stage has been reached where the programmes which will be in place are concretised and available to magistrates so that they can make the appropriate order.
Transformative justice
Speaking more about the Act, Ramjattan said that following its passage, the government wanted to see a framework that saw professionals in the forefront supporting juveniles rather than prison wardens. They also wanted to minimise the harsh punishment meted out to young offenders, something that could stigmatise them for the rest of their lives.
“We want to maximise their education, their rehabilitation and reintegration into society,” he said, adding that they wanted alternatives to imprisonment and detention. “Jails are not the place for our children and a substantial majority of our young people who have committed offences must not be there,” the minister said but he quickly added that for very serious crimes and if an alternative cannot be found, the youth will have to be imprisoned.
He said they see the diversions and alternative measures as creative methods for young people who would have broken the law.
Meanwhile, UNICEF’s Representative in Guyana, Sylvie Fouet, described the event as part of the journey “towards transformative justice.” She noted that the legislation does not “indicate that children and youth should not be held accountable.” But what it does indicate is that there are standards of accountability in that children must be treated fairly and there is a window for a second chance approach, she observed.
“Support and the leadership from partners are instrumental in changing the narrative and the reality for youth (especially for minor offences) with option from the judicial system to refer children to positive mentorship, legal aid and psychological help…” Fouet added.
Regional Health Officer of Region Four Dr Quincy Jones spoke of growing up among young men who later became criminals, some of whom were his childhood friends. As a result, he believes the programme’s diversionary measures and alternative sentences offer a gateway from the effects of imprisonment and loss of liberty. Jones said they recognise that health is more than the absence of disease but rather it is a complete state of mental and social wellbeing. As such, they have initiated a programme which offers youths a second chance by becoming a community health worker without having Caribbean Secondary Education Certificate subjects, he said.
The youths must be 18 years and over and are trained for six months and according to Jones, it opens up real opportunities that changes the lives of boys and girls. The programme is being done through the Ministry of Public Security and UNICEF and come next month, the first batch of 40 students will graduate.
The NGOs and other agencies that will be involved in the diversionary measures process are the Board of Industrial Training and Council for Vocational Education, Blossom Inc, ChildLink, Borrowes School of Arts, Guyana Legal Aid Clinic, Help & Shelter, National Parks Commission, Region Four RDC, Red Thread, University of Guyana, Pastor Wendell Jeffery, Association of Psychologists, Central Islamic Organisation of Guyana and United Bridge Builders
