Latest update April 19th, 2024 12:59 AM
Jul 26, 2017 News
The fraternisation of juvenile offenders while in detention is a cause for concern. In fact the issue is one that has been so troubling that it has gained the attention of the Rights of the Child Commission [RCC].
Chief Executive Officer Amarnauth Panday’s comment regarding this situation was ventilated yesterday in response to a question posed by this publication about the general detention of youths at the Sophia Juvenile Holding Centre.
“We have recommended that some measures of separation be instituted so that persons who are charged for more serious offences such as murder, should not necessarily be kept in the same location with a child charged for wandering,” said Panday.
According to Panday too, the fraternisation situation is not only evident at the Holding Centre, but it has also been observed at the New Opportunity Corps.
The RCC’s separation recommendation is one that has been brought to the attention of the relevant Government Ministry and according to Panday, “they are aware of that need and have endorsed that…it is just a matter of the will to start realising some of these changes and recommendations”.
But Panday is convinced that if moves had been made to have the Juvenile Justice Bill tabled and passed in the National Assembly, the possibility of it being an active legislation could have long been a reality.
The Juvenile Justice Bill seeks to amend and consolidate the law in relation to criminal justice for juveniles, and generally reforms the juvenile justice system in Guyana by providing for the custody, education and rehabilitation of juvenile offenders.
“What is taking the Bill so long to be tabled in Parliament?” asked Panday, who noted that the Bill contains alternative punishment for children rather than incarceration to places such as prison and the New Opportunity Corps.
“There should be other avenues that are more reforming for the child,” Panday opined.
Although it was first initiated in 2004, a draft of the Bill was completed in 2007.
The United Nations Children Fund [UNICEF] had registered its concerns about legislation currently governing the detention of children. It had pointed out that “a national consultation hosted in early 2006 to address the report on Juvenile Justice made several recommendations which point to revision of the existing legislation and institutional strengthening so that the judiciary, social workers and all who engage children in conflict with the law use the detention facilities for children as last resort.”
It was noted too that “improved access to legal aid for adolescents in conflict with the law, communit- based mediation and alternative dispute resolution are all components of this process.”
But although Minister of Public Security, Khemraj Ramjattan, had indicated on multiple occasions that Government is serious about fast-tracking the Juvenile Justice Bill, there is still more work to be done before it can be tabled.
This was the observation made by RCC’s Investigative Officer, Mr. Andre Gonsalves.
“I am aware that before the Bill is tabled in Parliament, the Minister recommended an economic evaluation done on it, and that is currently ongoing with UNICEF and the Ministry of Social Protection…so we have to allow that process to happen before we even get into a real fruitful discussion,” said Gonsalves.
But even as the nation awaits the passage of the Juvenile Justice Bill, Gonsalves said that the RCC is recommending that consideration be given to the detention of children as contained in the Prisons Act. Currently, the Prisons Act is being reviewed by Professor Duke Pollard so that it can be amended to accommodate the modernisation of the Guyana Prisons.
According to Gonsalves, “I would like to make a recommendation for them to amend the part of the Act where persons 17 years old can be housed at Camp Street. That is part of the Prisons Act, and since Professor Pollard is reviewing, he can consider this position from the Rights of the Child Commission. In other words, I would like for them to remove or at least consider removing youth offenders out of the prison system and keep them at the Sophia holding system until they are 18 years old,” Gonsalves asserted.
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