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Regional Workshop Report on Justice for Children in the Middle East And

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Regional Workshop Report on Justice for Children in the Middle East And TABLE OF CONTENTS n 3 TABLE OF CONTENTS INTRODUCTION . 4 LEGAL And POLICY FRAMEWORKS . 6 MAndATES And FunctionS OF THE SPECIALISED UnitS . 9 StructurES, MODELS And DECENTRALISATION OF THE SPECIALISED POLICE FAMilY And CHild ProtECTION UnitS . 12 LinKS/REFErrAL PATHWAYS to SERVICES PROVidED BY OTHER ActorS . 14 HuMAN RESourcES, TRAininG And BudGET . 16 TYpoloGIES OF CHildrEN SERVED And InforMATION MANAGEMENT SYSTEMS . 20 CONCLUSION . .. 22 GloSSARY . .. 23 AnnEX 1: Collaboration Mapping . 24 AnnEX 2: National Action Plans . 33 AnnEX 3: Table 1 - Country Profiles . 44 AnnEX 4: Table 2 – Legislative Comparison . 47 AnnEX 5: Table 3 - State of Ratification of International Conventions and Treaties Relative to the Promotion and Protection of Children’s Rights in the Middle East and North Africa . 50 AnnEX 6: Table 4 - Reports submitted to the United Nations Committee on the Rights of the Child, on the status of implementation of the Convention on the Rights of the child and its two optional protocols . 52 AnnEX 7: Table 5 – Pre-Workshop General Questionnaire . 56 AnnEX 8: Table 6 – Pre-Workshop Specialised Questionnaire . 70 AnnEX 9: List of acronyms . 76 AnnEX 10: List of Participants and Contact Information . 77 AnnEX 11: Workshop Agenda . 78 AnnEX 12: About UNICEF. .. 81 AnnEX 13: About IBCR . 83 AnnEX 14: Other recent IBCR Publications . 86 4 n JUSTICE FOR CHILDREN IN THE MIDDLE EAST AND NORTH AFRICAN REGION, ESPECIALLY THE FAMILY AND CHILD PROTECTION UNITS INTRODUCTION The Convention on the Rights of the Child entitles all that a regional analysis of the situation is paramount children the right to be protected from violence, exploi- for moving forward with more strategic and long-term tation and abuse. To this end, UNICEF is working with perspectives. partners to strengthen child protection systems, inclu- In May of 2013, UNICEF’s Regional Office entered into a ding legislations, policies and services and to promote partnership with the International Bureau for Children’s positive social norms that will help protect and prevent Rights (IBCR) to conduct a study that would pave the children from being victims of violence, exploitation and way for a new wave of collaboration with the specialised abuse. police units. The IBCR has been active for several years in Justice for children seeks to provide all children that building the capacities of police and gendarmerie forces come in contact with the law with better services and in over a dozen countries in Africa and the Middle East. more protection. Many justice systems lack child-sensi- It has organised five regional workshops to consult with tive procedures due to limited resources or lack of poli- security forces on the best way to integrate child-friendly tical will. As such, child development services may not approaches in the daily practices and work of security be available to promote rehabilitation and reintegration forces personnel. Among other things, the partnership into society. In addition to limited resources and lack of between UNICEF and the IBCR helps to promote results political will, legal, social and cultural norms as well as by directly working with relevant line ministries and political constraints may also complicate issues of justice national learning institutions within the security forces. for children. By reviewing and documenting different models of spe- cialised police child and family protection units or juvenile The need to strengthen all components of the child pro- police and gendarmerie units in the region, the project tection system, including in the justice sector, has been aims to produce action-oriented guidelines for future pro- emphasised by UNICEF. To this end, UNICEF has pro- gramming, directly feeding into on-going assessment and moted alternatives to detention, such as diversion, as programming efforts at the country level. well as restorative justice that emphasises repairing the harm caused by a criminal behaviour. It has worked with In partnership with the IBCR, UNICEF began by exami- traditional or customary justice mechanisms and has ning the state of collaboration with specialised police supported the training of police officers, prosecutors, units in the various interested countries in the region. It judges, lawyers, social services and health professionals then developed and circulated a detailed questionnaire on how to effectively protect children in contact with to each participating country in order to collect compa- the justice system. More specifically, UNICEF encourages rable data to help better understand the current state the establishment of child-sensitive courts and police of affairs. These data would also serve to identify the procedures that give primary consideration to the child’s needs, opportunities and challenges to strengthening right to protection and which are consistent with the the protective and preventive role of specialised police Convention on the Rights of the Child and other non- child and family units within the national child protection binding international standards, guidelines, and rules. system. The recent work by the IBCR and UNICEF in Iraq, Jordan and Yemen also allowed the IBCR and UNICEF In 2013, UNICEF’s Regional Office for the Middle East to ask those countries to complete a second detailed and North Africa (MENA) reviewed existing collabora- questionnaire in order to further available knowledge on tion with specialised police family and child protection the functioning of their specialised police units. units. The initial consultation involved Iraq, Jordan, Lebanon, Libya, Morocco, the State of Palestine/oPt, From 16 to 19 September 2013, 23 delegations from Sudan, Tunisia and Yemen. This consultation shed light the nine abovementioned MENA countries were invited on the absence of a long-term strategy regarding the to attend a regional workshop held in Amman, Jordan. critical role these units play in the child protection sys- The focus of this workshop was on justice for children, tem. All the countries that were consulted agreed on especially in the family and child protection units, and the importance of UNICEF establishing a partnership sought to strategically examine the role and work done with the specialised police units, and further stressed by these units. INTRODUCTION n 5 Combining results of the literature review, workshop justice and the structures of these units. A section of discussions and data provided in the questionnaires, this report will discuss links and referral pathways to the report not only intends to shed light on matters other actors, including standard operating procedures, related to justice for children and the mode of colla- followed by a discussion on human resources, training boration with the specialised police child and family and budget as well as typologies of children and infor- units in the region, but also to become the reference mation management systems. point on which participating countries can build their respective strategy for the way forward. As a result, this The annexes in this report will give the reader an over- report seeks to present the main trends in the MENA view of the inputs of the nine participating delegations. region’s juvenile justice systems, highlighting the com- The annexes also illustrate the mappings of current par- monalities, the obstacles and the solutions on how to tnerships in the participating countries as well as their provide better justice for children. For each topic, the respective national plans of action. It also presents a report will draw conclusions and will make specific series of reference tables used by the delegations during recommendations. the workshop for comparative purposes, a list of acro- nyms used in this report, a list of workshop participants The report will first present an overview of the legal and and the workshop schedule. policy frameworks of the analysed countries, including laws that are relevant to children and the court system. The IBCR and UNICEF are confident that this report will The mandates and functions of specialised units which provide an insightful analysis for all actors interested were presented at the workshop will then be analysed, in improving access to justice for children in the MENA particularly focusing on aspects related to restorative region. VIew of Amman’s city centre. Photo IBCR 6 n JUSTICE FOR CHILDREN IN THE MIDDLE EAST AND NORTH AFRICAN REGION, ESPECIALLY THE FAMILY AND CHILD PROTECTION UNITS LEGAL AND POLICY FRAMEWORKS Legal frameworks refer to legislations pertaining to child special measures are taken to protect children in conflict protection. They typically include child protection laws, with the law. For example, Iraq pays particular attention juvenile justice laws, as well as penal codes, codes of cri- to respecting confidentiality of information regarding the minal procedures, family codes, among others. Various child by restricting access to case files and protecting international legislations provide standards and prin- information about the child from being revealed. ciples in the field of children’s right and protection. Of A search for key child protection issues in existing legal particular interest is the Convention on the Rights of the frameworks identified the following trends: Child (CRC), particularly articles 37, 39 and 40 which define the principles related to the protection of children in justice systems; a subject that is further developed Recruitment of Children in the Committee on the Rights of the Child General Comment #10
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