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Prosecuting Child-Related Cases in Uganda a HANDBOOK FOR

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Prosecuting Child-Related Cases in Uganda a HANDBOOK FOR Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS i ii Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS iii PROSECUTING CHILD-RELATED CASES IN UGANDA A Handbook For Directorate Of Public Prosecutions REPUBLIC OF UGANDA iv Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS v Message from the Director of Public Prosecutions The Government of Uganda has ratified the major International and Regional instruments regarding children in contact with the law. Additionally, laws that address violence against women and children, such as the Children Act, the Penal Code Act, the Domestic Violence Act, the Prevention of Trafficking in Persons Act and The Prohibition of Female Genital Mutilation Act were passed. Notwithstanding the good legal framework, the implementation of the law remains limited due to inadequate capacity amongst prosecutors and other actors in the criminal justice system, among others. International, Regional and National standards encourage the use of alternatives to judicial proceedings, such as diversion. However children charged with minor offences such as theft, assault, criminal trespass, malicious damage to property, whose cases should have been handled by Local Council Courts have ended up over crowding the few remand homes and the Kampiringisa National Rehabilitation Centre. Regarding child victims and witnesses, up until now there were no protocols or specific guidelines on child friendly procedures for prosecutors. Interviewing witnesses, using child-friendly, culturally sensitive language and preparing witnesses for the courtroom experience, to name just a few, should be standardized procedures that all prosecutors are familiar with and are mandated to undertake in order to minimize the risk of re-traumatization of children in contact with the law. Most investigators, prosecutors, defense counsel as well as adjudicators are not adequately trained to handle child victims and witnesses. The legal system has trained them to handle cases in a combative and adversarial manner. This is the major reason why many child witnesses fail to testify in courts of law, leading to dismissals and acquittals. This handbook is intended to assist Prosecutors and the other actors in the criminal justice system in the investigation, prosecution and adjudication of child related cases in a manner which is child friendly and gender sensitive. It focuses on a practical approach and references the international regional and national legal and policy frameworks as well as best practices that protect children’s rights. It provides relevant actions to be taken at each stage of the case, principals of case management in dealing with cases involving children, record keeping and documentation as well as appeals and post - trial remedies. I wish to thank the following organizations and individuals for their contribution to this Handbook: UNICEF for their technical support and their hands-on approach to the partnership; Ms. Sudha Murali, Child Protection Specialist for her technical inputs. JLOS for supporting the implementation of the regional consultative meetings that preceded the production of the Handbook. vi Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Ms. Laura Nyirinkindi and Dr. Monica Twesiime Kirya for developing the Handbook. The Task-Force of Senior Prosecutors led by Mr. Michael Wamasebu, Assistant DPP, for conducting regional consultations leading up to the development of the Handbook and for reviewing the handbook. Last but by no means least, Ms. Susan Okalany Senior Principal State Attorney/Head of the Gender, Children and Sexual Offences Department, for initiating and coordinating the activities for the production of the Handbook. Hon. Justice Mike J. Chibita Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS vii Message from the UNICEF Representative The UN Convention on the Rights of the Child (CRC) guarantees the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth. This should take into account the child’s age and the principle of restorative justice and ensuring that the Best Interest of the child prevails. Fundamentally, the rights and unique rehabilitative potential of children in conflict with the law demand special consideration, to ensure that children are deprived of their liberty only as a last resort and for the shortest appropriate period of time. Restorative justice approaches merit particular attention as they seek to address the root causes of offending behaviour rather than simply examine the events surrounding an offence in isolation. Regional (African charter) and National legislation (Children’s Act) uphold the need to protect and uphold the rights of children to obtain legal protection in conditions of freedom, dignity and security. The Children Act puts in place crucial guarantees and mechanisms for child care and protection, including Family and Children’s Courts, approved homes, a national rehabilitation centre and the Local Council Courts. It is critical to build and consolidate on the standards agreed and ratified by the Government of Uganda so that resources both human and financial to achieve these goals are prioritized. I am happy that the Directorate of Public Prosecution(DPP ) in collaboration with UNICEF has taken a lead on this issue recognizing that child sensitive court room processes including asking questions, recording of evidence, protection of victims and witnesses are the foundation of a child friendly justice system The DPP is critical in handling the sexual and gender based (SGBV) cases in a child friendly manner. I look forward to seeing the child friendly practices integrated into the justice system in Uganda thus ensuring both the protection of children and promotion of a child friendly justice approach. Aida Girma viii Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS ix Abbreviations and Acronyms x Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS xi xii Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Abbreviations and Acronyms CID Criminal Investigations Department CRC Child Rights Convention DPP Directorate of Public Prosecutions FCC Family and Children Court ICCPR International Covenant on Civil and Political Rights ICGLR International Conference on The Great Lakes Region JLOS Justice, Law and Order Sector LC(s) Local Council(S) LCC(s) Local Council Courts PCA Penal Code Act PSWO Probation and Social Welfare Officer SGBV Sexual and Gender-Based Violence UN United Nations UNICEF United Nations Children’s Fund Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS xiii Acknowledgements The Directorate of Public Prosecutions wishes to thank the following people and organisations for their contribution to this handbook: UNICEF for their technical and financial support and their hands-on approach to partnership; Sudha Murali Specialist for her technical inputs. Ms. Susan Okalany, Senior Principal State Attorney and Head of the SGBV and Children Taskforce provided leadership to the initiative and coordinated activities for the production of the handbook. The DPP SGBV Taskforce members in their various capacities are also acknowledged for their comments and contribution. The Directorate thanks Ms. Laura Nyirinkindi and Dr. Monica Twesiime Kirya for developing the handbook. xiv Prosecuting child-related cases in Uganda A HANDBOOK FOR DIRECTORATE OF PUBLIC PROSECUTIONS Preface Scope of the Handbook The handbook covers children who come into contact with the law as victims of crime and witnesses to crime; as well as those who are in conflict with the law as accused persons. With regard to children in conflict with the law who have been accused of committing crimes, the handbook provides information regarding diversion of cases away from the criminal justice system; and for non-divertible (capital) offences, it provides information on child friendly court proceedings and appropriate orders that may be made in such cases. There is a significant focus on sexual and gender-based violence due to its prevalence and the paradox that children are often victims, and yet sometimes perpetrators of sexual and gender-based violence. The handbook therefore aims to give prosecutors a guide on how to handle the sensitive nature of SGBV related crimes and child-to-child sex. The handbook also alerts prosecutors to the hidden forms of child abuse and the tendency of abused and neglected children to end up in the criminal justice system as perpetrators of crime rather than as children in need of care and protection. Prosecutors can help to offset this blurring of the lines between the social welfare and criminal justice systems if they are aware of the issues. They can work with the Probation department to ensure that a thorough
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