Juvenile Justice Reform in Pakistan
Introducing a Pilot Diversion Program
Brief Introduction
Project Brief
Juvenile Justice Reform in Pakistan
Duration: 30 Month (Commence from 1st Jan 2009)
Geographical Coverage: Peshawar, Mardan, Haripur
Overall objective:
Support the development of a comprehensive juvenile justice system in Pakistan to address and prevent juvenile delinquency while respecting the dignity and rights of children.
Specific objectives
- Develop structures for diversion of juveniles from the formal criminal justice system;
- Juvenile justice law and policy reform to promote higher standards of protection for children in conflict with the law; and
- (Provide rehabilitation support to children at risk of offending or reoffending.
Partners:
- Dost Welfare Foundation
- Provincial Home Departments
- Provincial Directorates of Jails
- Provincial Departments of Social Welfare and Women Development
- Provincial Departments of Law, Justice and Human Rights
- Just Peace International
- Probation and Reclamation Department
- Provincial and District Police
- Pakistan Society of Criminology
- Provincial Commission for Child Welfare and Development
Target Groups: Children; Prisoners; Women; Young People.
Direct Beneficiaries
Children and juveniles in prison; children at risk of offending or re-offending; government authorities, police and prison officials, the judiciary and civil society groups.
Estimated Results
Mainstreaming of Diversion into the juvenile justice system; law and policy reform; rehabilitation of 4,000 children in conflict with the law.
Objectives and Intended Package of Activities
Objective: 1: Develop structures for diversion of juveniles from the formal criminal justice system;
Key Interventions:
- Introducing a Pilot Diversion Program , Family Jirga Conferencing as an alternative to criminal prosecution
- Introducing a Pilot Diversion Program , Community service as an alternative to custodial sentences
- Juvenile Justice Training
Support the Probation Departments in NWFP to meet juvenile justice requirements
Develop a pool of master trainers to conduct a country-wide/Province- wide roll out of juvenile justice training for law enforcement official in diverting children from arrest, detention and prosecution
Institutionalize juvenile justice training as a compulsory part of the curricula in police, prison, criminal justice and judicial academies,
- Develop and institutionalize a juvenile justice Management Information System
Implementation Strategies:
- International and national expertise to design non custodial measures programme
- International and national expertise for training manuals (already prepared)
- Training sessions/workshops (including some which have already been conducted: UNICEF Regional Training for South Asia for Governments and NGOs, SPARC training for Probation Officers in NWFP)
- Training of trainers
- Supplies
- Support to the data collection system
- Community awareness campaign involving media, civil society and government information networks
Expected Outcomes/Results
A pilot family jirga conferencing scheme introduced in place of formal criminal trials for 200 children in three districts of NWFP
A pilot community service program in place of custodial sentences for 300 convicted juvenile offenders in three districts of NWFP.
Juvenile Justice Training, including:
> Supported Probation Departments to monitor and provide Social Investigation Reports on the pilot diversion programs;
> Developed a pool of 40 highly trained master trainers from police, prison, judicial and legal academies to conduct a country-wide roll-out of juvenile justice training with technical support from UNICEF;
> Institutionalized juvenile justice training as a compulsory part of the curriculum in police, prison, parole and probation academies;
> A Juvenile Justice Management Information System is developed and institutionalized.
Objective: 2: Bring Pakistan’s Legislation and Policy into line with International and EU Standards
Key Interventions:
- Consultative review of juvenile justice legislation( Provide technical assistance to review the JJSO, Probation of Offenders Ordinance and draft Provincial Child Protection Bill and advocate for the establishment of specialized juvenile Courts Pursuant to that legislation)
- Research on the informal justice system in Pakistan ( Action research to assess the informal justice system in Pakistan)
- Development of a comprehensive Juvenile Justice Policy ( Support the NCCWD to draft a juvenile Justice Policy and develop Minimum Standards of Care of children and juvenile deprived of liberty, including referral of pregnant women, those with infants and female juvenile to welfare homes, Establish linkages with shelter homes to support the children of prisoners, facilitate family visits and improve after care for juveniles after their release)
- Establishment of a country-level Juvenile Justice Working Group ( Create a Juvenile Justice Working Group with its Secretariat in the Federal Law and Justice Commission of Pakistan)
Implementation Strategies:
- International and national expertise in legislation
- Round tables/events – high level advocacy event in Lahore
- Studies and research (including joint study between UNDP and UNICEF on the informal justice system)
- Publications (including some already commissioned – e.g. SPARC’s forthcoming manual on the Probation of Offenders Ordinance)
Expected Outcomes/Results
1: A high-level advocacy event is held in Lahore under the auspices of the Law and Justice Commission with technical support from UNICEF to commence a consultative review of juvenile justice legislation;
- The minimum age of criminal responsibility is increased to 12;
- The minimum age of criminal responsibility is extended to apply to the Anti-Terror Act;
- The death penalty is abolished for juveniles tried under the Anti-Terror Act; and
- The National Child Protection Bill is passed by the National Assembly.
2: A research report is produced on the informal justice system in Pakistan detailing possible links between the formal and informal justice system and recommendations for policy reform;
3: The NCCWD developed a comprehensive Juvenile Justice Policy including:
- Minimum Standards of Care for children and juveniles deprived of liberty
- Standard Operating Procedures for the referral of women with infants, pregnant women and female juveniles to shelter homes rather than police custody or imprisonment, and links established between shelter homes and prisons to encourage family visitation;
- Standard Operating Procedures for the transfer of children arrested on terrorism charges from army to police custody.
4: A country-level Juvenile Justice Working Group created with its Secretariat and nerve centre within the Law and Justice Commission of Pakistan.
Objective: 3: Provide rehabilitation and reintegration support to children in conflict with the law, those at risk of offending and reoffending
Key Interventions:
- Rehabilitation for children in conflict with the law (Support 4000 children deprived of liberty through legal assistance, psychosocial support, vocational training and recreational activities. Install surveillance cameras to improve security for women and children
- Develop and institutionalize an independent complaint mechanism in prisons/jails
- Prevent juvenile delinquency by addressing the causes of child offending through community- level sports and recreational activities for children at risks.
Implementation Strategies:
- Partner with local NGOs to replicate previous education and vocational programs
- Experts for case management
- Training sessions
- Supplies and didactic materials
- Experts to design community-based prevention project and peer mentoring scheme
- Social mobilization
- Behavior Change Communication
- Expertise in curriculum design
- Training
- School-based interventions and collaboration with existing UNICEF Child Centers
Expected Outcomes/Results
> Legal advice, basic literacy, vocational training and psychosocial support are provided to 4,000 children in conflict with the law. Nursery facilities are provided for infants in prison and inmates’ security is improved through the installation of security cameras in jails.
> An independent mechanism for complaints to be resolved is introduced in prisons, and linked to the external development of a Child Ombudssystem;
> Prevention of juvenile delinquency through community-level sports activities and peer mentoring programs for former juvenile offenders and children at risk of offending
Technical and Specialized Support:
> Technical assistance for institutions aims to strengthen key policy-making units, such as directorates responsible for juveniles in conflict with the laws in the Ministries of Justice, Interior, Social Affairs and Labor.
>Expertise from international, regional and national experts to conducting assessment, conduct training and assist in drafting legislation, rules, regulations and guidelines, as well as case management standards, and training manuals.
>Training of trainers workshops to ensure local capacity to continue and expand the training programme.
> Training seminars and workshops help development of professional skills. Workshops that bring together professionals dealing with all aspects of juvenile justice create common understanding on major policies and core principles. Particular emphasis will be accorded to the teachings of Islam with regard to the protection of children.
> Studies and research on key areas of the juvenile justice system, including the informal justice system.
> Service provision by modeling new and supporting existing successful interventions in the field. This aims to provide care models and non custodial measures programs to be transferred into national policies; service provision is especially important in legal protection, psychosocial care, reintegration and rehabilitation.
> Publication and dissemination aim at creating easy reference to all professionals dealing with juvenile justice, and increase community awareness about the need to protect children at risk.
> Translations make important texts and information accessible, so they can be used as a tool for training activities and seminars.
> Study visits to relevant countries provide first-hand experience to complement theory and help conceptualize changes and developments in policies and practices.
> Supplies and didactic materials for juvenile courts, juvenile centers and jails.......................
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