SIERRA LEONE CHILD JUSTICE SYSTEM

1. SIERRA LEONE CHILD JUSTICE SYSTEM

2. Child Justice System in Sierra Leone Accessible Understandable Affordable Quick Formal Justice System (Colonial Laws) Informal Justice System (Customary Law) 10% Juvenile Justice 70% Weak link No procedures for children Could be arbitrary Not always up to human right standard Retributive Inaccessible Poor quality justice services Weak social welfare

3. SystemsMapping result on Justice • The Child Protection Systems Mapping highlighted significant issues regarding child justice • The Child Rights Act (2007) relies heavily upon British laws • The majority of children’s cases never reach the formal justice system • Many Sierra Leoneans prefer traditional systems of justice • The chieftaincy remains the most legitimate / important system of authority in rural areas • The police is seen to have the greatest responsibility for protecting children from abuse and exploitation • Child protective services are primarily viewed as a legal response to harm that has already occurred.

4. Opportunities • The National Justice Sector Reform Strategy and Investment Plan 2011 - 2014 includes specific focus on child justice and also focuses on diversion, informal justice and community based mechanisms than the previous plan. • National Child Justice Strategy that gives a vision to Child Justice • The Child Rights Act 2007 provides legal framework for diversion & community based processes. • E.g. Family Support Unit & Child Welfare Department of councils • The leadership group responsible for inter-agency policy coordination • Justice Sector Coordination Office responsible for day to day coordination and evaluation of justice sector reform process

5. Challenges • Linkage between formal and informal systems is weak • Some structures stipulated by the Child Rights Act are unrealistic • Few key players in the child justice system - many child protection agencies do not work on child justice. • The new Assess to Justice and Security programme does not have a specific juvenile justice focus

6. Way Forward to Building the Child Justice System • Strengthen link between the formal and informal justice systems • Examples:- MOU between FSU, Chiefs and Child Welfare Committees • - Referral protocol on sexual Gender Based violence and child Justice • 2. Emphasize diversion processes/mechanism that are tailored to the cultural context • Example: Review of TIMAP’s Paralegal manual • 3. Designing, piloting and assessing key aspects of the child justice system before undertaking comprehensive law reform. • Diversion - Majority of cases are minor • Case management • Alternative to detention - Alternative care centres • Age determination model

7. Way Forward contd. 4. Main Streaming Child Protection and Child Rights in wider initiative of the justice sector reform 5. Review the Child Justice Strategy to reflect recent laws and policies. The policy will guide the process 6. Document and monitor all that is been put in place

8. Key Lessons Learnt • Capital intensive laws and policies are not realistic and sustainable in low income countries. • Traditional justice system is preferred by the majority of Sierra Leoneans. • Laws and policies should be based on piloted models and processes rather than research or borrowed experiences. • It is also better (easier and sustainable) to mainstream child right and child protection issues into existing mechanism than building/developing new structures and mechanisms.