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Juvenile Justice in Honduras, El Salvador, Nicaragua & Guatemala

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Juvenile Justice in Honduras, El Salvador, Nicaragua & Guatemala LEARNING FROM THE CARIBBEAN AND CENTRAL AMERICA PROGRAMME Juvenile justice in Honduras, El Salvador, Nicaragua & Guatemala October 2007 Since our arrival in Central America in 1974, Save the Chil- dren UK has contributed to the construction of a rights based framework, which has led to dramatic changes in the lives of children and young people. This case study highlights our work in the Caribbean and Central America over the last five years and the changes we have inspired, and is a record of the lessons we have learned, the challenges we have identified and the recom- mendations we have for all those involved in development work and the defence of human rights, espe- cially the rights of children. Since the closure of our pro- Imprisoned gang members who wanted out of the gangs had nowhere to go. Their bodies were gramme in the Caribbean and marked with readily distinguishable tattoos and their lives by death warrants. Their former mates Central American (CARICA) in wanted to kill them for leaving the gang, and they still were targeted by members of rival gangs, the March 2007, the legacy of our work police and vigilante death squads. for children continues through the • To develop preventative community got into trouble with the law and were ongoing work of our dedicated models of intervention to reduce vio- deported back to their homelands, taking partners throughout the region. lence among and against young people. their gang experience with them. This particular study focuses on juvenile justice in Honduras, El Sal- • To defend the right to life of young These deportees found excellent condi- vador, Nicaragua and Guatemala. victims of extrajudicial executions. tions for organizing new gang cells in poverty stricken and corruption riddled The programme Central America. The resulting gangs Why we did it spread quickly and took effective control This programme sought to contribute to Starting in the mid-1990s, thousands of of many poor neighbourhoods, which the reduction of violence committed by boys and girls facing the stark reality of they lived off of via extortion rackets and and against juveniles. It helped to define poverty and limited opportunities for edu- other forms of crime. They developed a and advocated for state policies emphasis- cation and employment joined a new type reputation for being even more violent ing prevention and worked to eliminate of youth gangs, called “maras,” that were an than their U.S. counterparts, prompting a anti-youth stigma and foment a social and offshoot of gangs based on the West Coast community based culture of prevention of the United States. Contents that respects the rights of children and adolescents who have run foul of the law This gang culture was basically deported The programme 1 or are at the risk of doing so. to Central America. Economic and political Why we did it 1 refugees from the Isthmus settled in the The specific goals of the programme were: poor, gang infested barrios of Los Angeles What we did 2 • To influence institutional policies and their children fell in with the Hispanic Our partners 3 and practices in a way that tilted the 18th Street Gang or formed their own balance away from purely punitive re- Salvatrucha gang, also known as the MS-13. Results 3 sponses and toward preventive ones. Many of these Central American youth What we learned 4 LEARNING FROM THE CARIBBEAN AND CENTRAL AMERICA PROGRAMME Juvenile justice in Honduras, El Salvador, Nicaragua & Guatemala severe reaction that included heavy handed exchanges with Salvadoran researchers; We lobbied against or supported lobby- police tactics, legal measures of question- Studies of the reform of Article 332 of the ing against a 1995 move to change the law able constitutionality and even campaigns Honduran Penal Code, commonly know governing jurisdiction over minors that of extermination by vigilante groups that as the “Anti-Gang Law”; Studies aimed at would have redefined under-aged detainees practice “social cleansing.” quantifying the extermination of suspected as juvenile penitentiary inmates; a series of gang members in Honduras; Collaboration legal initiatives introduced between 1996 In this context of extreme violence, Save the in many studies on the gang phenomenon and 2006 in an attempt to reduce the age Children identified weaknesses in the institu- for universities in the United States, the for criminal responsibility from 14 to 12 tions responsible for dealing with adolescents United Kingdom and Central America; years; a proposed reform of Article 332 of in trouble with the law. The already under and research into the impact of the Law the Honduran Penal Code that would have funded juvenile justice systems were quickly on Juvenile Delinquency on El Salvador’s increased the penalty for gang membership overwhelmed by the gang phenomenon and criminal justice system. from a maximum of 12 years in prison to authorities in Central America were slow to a maximum of 30 years in prison; reform respond to the challenge. National advocacy of Article 198 of the Youth Code aimed at We also identified state policies and prac- We provided technical and financial sup- increasing detention periods for juvenile tices that contributed to creation of the port to the formulation of a Youth Code in offenders to as much as 15 years; reform of problem rather than helping to resolve it. Honduras and to lobbying for its approval the Penal Code and the national consti- Far from attacking the root causes of the and implementation; the development of a tution of Honduras with regard to legal gang problem, these policies were oriented National Police proposal for working with detention and periods of inquiry; proposed toward repressing any youth expression juveniles under the auspices of Hondu- constitutional reform that would have that resembled gang customs. In doing so, ras’ National Youth Forum; the Forum reinstated capital punishment in Honduras; the policies actually generated discrimina- on Juvenile Delinquency and Community criticisms of the UN Convention on the tion and, with it, more violence, especially Security in Honduras; training and mo- Rights of the Child; and efforts to repeal or against under-privileged youths. bilisation of community resources in 20 reform articles in the Youth Code related to urban barrios working with Communities juvenile offenders. In civil society we discovered a vacuum for Peace (COHAPAZ) to demand the end of support for young people, character- to violence against youths in those poor International lobbying ized by the lack of vigorous responses to neighbourhoods; a legislative work group In the international arena we provided the killing of hundreds of adolescents in that elaborated the proposed “Law for the technical and financial support for: the the poor neighbourhoods. We also found Prevention, Rehabilitation and Social Rein- elaboration of independent reports by the existence of innovative experiences in sertion of Persons Involved in Gangs”; the non-governmental networks in Honduras prevention at the non-governmental level Collective for Life and the Roman Catholic for presentation to the United Nation’s that demonstrated notable success in the Church in their campaigns against the Children’s Rights Committee in Geneva; reduction of gang related violence. murders of youths; the mobilisation of the Central American working groups and national Youth Forum with regard to the networked NGOs that pushed for approval What we did Framework Juvenile Law; debate forums of Youth Codes in Guatemala, El Salvador and co-sponsored with other international Nicaragua; and the presence of independent Research agencies (FES, GTZ, etc.); and a reconcilia- representatives from Central America in the Save the Children programming conducted tion effort between members of the 18th assembly of the Inter-American Commission its own research and supported counter- Street gang and the government. on Human Rights (CIDH), New York office. parts that carried out studies on a variety We provided technical support for: formula- We also participated in interchanges with of topics related to the gang phenomenon. tion of the Organic Law of the Honduran Amnesty International on the summary Those include: Institute for Childhood and Family (IHNFA), execution of minors; lobbing of Amnesty Contribution to the elaboration of inde- and its strategic plan; design of the National International HQ in London to obtain sup- pendent reports on youths and violence programme for gang prevention in Hon- port for a campaign against those killings; (produced by counterpart the Coordina- duras; awareness raising campaigns carried consultations between the Inter-American tion of Organisations Pro Children’s Rights, out by and with civil society on the issue Commission on Human Rights (CIDH) and COIPRODEN) for the UN Children’s of widespread murder of young people; senior Honduran officials; relations with Rights Committee in Geneva; Financing and lobbying for creation of the Inter- human rights organisations in Los Angeles, of two field investigations into the gang institutional Commission for the Physical California, USA; and support of the Latin phenomenon in Honduras carried out by and Moral Integrity of Youth and the Unit American Network on Children’s Rights. nationally recognised experts; Scientific for the Investigation of Murders of Minors within Honduras’ National Police. LEARNING FROM THE CARIBBEAN AND CENTRAL AMERICA PROGRAMME Juvenile justice in Honduras, El Salvador, Nicaragua & Guatemala Community mobilisation training about the Inter-American System We supported mobilisations of Commu- of Human Rights, funded its research and nities for Peace (COHAPAZ) and Casa supported its organisational development. Alianza, the Central American branch of We also co-founded and provided exten- Covenant House, against the extrajudicial sive logistical support to the Collective for execution of minors; and provided support Life, Peace and Justice in Honduras. to the National Youth Forum of Honduras in its struggle for effective implementation Supporting youth participation of the Youth Law in that country.
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