Justice For Children Detention

JUSTICE FOR CHILDREN:
DETENTION AS A LAST RESORT

Innovative Initiatives in the East Asia and Pacific Region
For every child

Health, Education, Equality, Protection
ADVANCE HUMANITY
ISBN: 974-680-229-1
Acknowledgements
Many people contributed to the preparation of this document. The research and original drafting was
undertaken by Ms. Julie Bergeron, UNICEF EAPRO. Special appreciation is noted for the following
individuals and organisations:
UNICEF East Asia Palau

And Pacific Regional Office (EAPRO) Mr. Michael J. Rosenthal, Minister of Justice,
Ms. Margie de Monchy, Republic of Palau Ministry of Justice
Regional Adviser Child Protection
Ms. Monika Sandvik-Nylund, Philippines
Consultant, Juvenile Justice and Child Abuse Attorney Antonio C. Auditor, Executive
Mr. Stanford Smith, Consultant Editor Director, FREELAVA
Ms. Inthira Chutinthararuk, Mr. Geronimo T. Jacalan, Program Officer/Centre
Programme Assistant Director of Balay Pasinlungan
Ma. Victoria Cardona and Tricia Oco,
Cambodia Attorneys at Law, ATENEO Human Rights
Bar Association of Cambodia, especially the Center (CASA/GAL)
Legal Representation for Children in Need of Ms. Minerva Ambrosio, Attorney at Law,
Special Protection Unit: CASA/GAL Volunteer
Mr. Yim Sary, Attorney and Team Leader Judge Nimfa Cuesta-Vilches
Mr. Loung Sokha, Attorney Mr. Johnny Miranda,
Mr. Chum Sophea, Attorney President, ABAY Foundation
Ms. Keo Chea, Judicial Assistant Mr. Alberto Muyot, Project Officer for Juvenile
Ms. Sarah Mills, Consultant, Legal Protection for Justice, UNICEF Philippines
Children, UNICEF Cambodia Mrs. Mary Grace Agcaoili, Training Officer
Mr. Sokea Keo, Project Assistant, Section Child Juvenile Justice, UNICEF Philippines
Protection, UNICEF Cambodia
Thailand
New Zealand Attorney Wanchai Roujanawong,
Inspector Chris Graveson, New Zealand Police Director General, Department of Juvenile
Mr. Mark Cousins, Sergeant, Officer in Charge Observation and Protection, Ministry of Justice
Youth Services, New Zealand Police Ms. Kitiya Phornsadja, Project Officer,
Child Protection, UNICEF Thailand
2 JUSTICE FOR CHILDREN

CONTENTS
INTRODUCTION ............................................................................................... 5
CHAPTER 1 – THE LEGAL FRAMEWORK FOR CHILDREN ............................ 9

Child-Sensitive Procedures For Children – Thailand .............................................................................. 10
CHAPTER 2 – LEGAL ASSISTANCE FOR CHILDREN ..................................... 21

Legal Representation For Children In Need Of Special Protection (LRCNSP) – Cambodia ................. 22
Court Appointed Special Advocates/Guardians Ad Litem: CASA/GAL Volunteers – Philippines ....... 32
CHAPTER 3 – DIVERSION AND RESTORATIVE JUSTICE ............................. 43

Community-Based Prevention And Diversion Programme – Cebu City, Philippines .......................... 44
Police ‘Youth Aid Diversion’ Project – New Zealand .............................................................................. 54
The Restorative Justice Programme – Palau .......................................................................................... 66
Community-Based Programme And Services For Juveniles In Conflict With
The Law – Alalay Ng Bayan Foundation Inc. (ABAY) – Quezon City, Philippines ................................ 74
CHAPTER 4 – REHABILITATION AND RE-INTEGRATION PROGRAMME .... 87

Balay Pasilungan Project Of FREELAVA – Cebu City, Philippines ......................................................... 88
CONCLUSION: CHALLENGES AND LESSONS LEARNED ............................101
JUSTICE FOR CHILDREN 3

Global Facts on Juvenile Justice1
It is estimated that over 1 million children worldwide

are deprived of their liberty1
80 percent of children will only commit one offence in

their lifetime
50 to 70 percent of crimes are committed by about

5 to 10 percent of the population
It is estimated that there is an 80 percent likelihood

of deterring first-time juvenile offenders from
committing further offences, a group which represents
90 percent of juveniles who come in contact with police

INTRODUCTION
Juvenile justice is an issue that affects not only contact with the law. International standards for
children involved in criminal activities but also juvenile justice call for:
child victims of poverty, abuse and exploitation.
For example, street children and illegal child • Establishment of national legislation and
immigrants are often treated as criminals. Child programmes that foster diversion alternatives
victims of trafficking and sexual exploitation are to deprivation of liberty (with detention a
often re-victimised in criminal justice systems. measure of last resort) and restorative justice;
Improving justice for children, including juvenile
• Creating circumstances in administrative and
other government processes that are in the
best interests of the child. This refers to judicial
systems that are child sensitive and that
minimise trauma, recognising that childhood is
the most formative period of a person’s life
and the time when individuals are most
sensitive and strongly influenced;
• Fully safeguarding children’s rights, including

the most basic protection rights, and the right
to participation by children in the decisions
which affect their lives (including judicial and
administrative decisions);
• Aligning national legislative and judicial

justice laws, policies and procedures is one of programmes with international law on juvenile
the most important strategies for enhancing the justice and international good practices in this
protection of children in society. This has been area.
highlighted in several recent global documents,
most notably the outcome document of the UN In 2001 UNICEF conducted an Overview on
General Assembly Special Session on Children Juvenile Justice in the East Asia and Pacific
held in May 2002 - A World Fit for Children.1 Region in co-operation with 22 countries.2 In
UNICEF, along with partner agencies, has general, it was found that despite improvements
committed itself to supporting efforts to improve in legislation, many children continue to be
justice for children as recognised in its Medium arrested, found guilty, and convicted for petty
Term Strategic Plan 2002-2005. The document, crimes as first time offenders. Updated
UNICEF’s Approach on Juvenile Justice information also shows that children with
identifies detention as the last resort for children. previous records of abuse, violence at home and
In East Asia and the Pacific (EAP) region a in schools, substance abuse, and histories as
number of countries are making efforts to bring street children often end up in the juvenile
their juvenile justice systems in line with justice system. In the Philippines, for example,
international standards and to fully safeguard 81 percent of youth offenders were reported to
the basic rights of children who come into

Definitions
Juvenile justice refers to all the offences committed by children and young people
(below the age of 18) whether: discovered or not; reported or not to the police or any other
law enforcement agency; brought before a judicial, administrative or other body; sentenced
or not. Children may also be considered an offender for acts that would not be punishable
if committed by an adult (e.g. status offences; vagrancy). The terms ‘juvenile delinquents’,
‘juvenile offenders’, ‘children in conflict with the law’ and ‘children in contact with the law’
have the same meaning for the purposes of this document.
Restorative justice makes the offender responsible for reparation of harm caused by the
offence; gives the offender an opportunity to prove his positive capacity and qualities; tackles
guilt feelings in a constructive way; and involves others who have a role in conflict resolution
including victims, parents, extended family members, schools and peers. It also provides an
interesting approach to making diversion and de-institutionalisation fully compatible with
‘justice’ for children and in accordance with international standards.
Diversion refers to channelling children away from the formal justice system through
alternative procedures and programmes.
Alternatives to detention may refer to: a police caution or warning; a written or verbal
apology; written essays on the effects of the crime committed; community service/work;
restitution to the victim; participation in a life skills course; counselling or therapeutic
treatment for drug or alcohol abuse; or other restorative justice programmes.
Deprivation of liberty refers to placement of a child in any kind of establishment from

which he or she cannot leave at will.
Pillars of justice in this document normally refers to key actors in the juvenile justice
system: judges, prosecutors, police (law enforcers), correction and probation officers, and
civil society (also e.g. churches, religious leaders).
have previous records of abuse.3 Children are institutions are also reported to be subject to
sometimes regarded and treated as criminals criminal procedures in some countries. As a
because of their status as street children, as result, many children are being held in police
illegal immigrants or as non-citizens in the case custody and detention without sufficient cause.
of some ethnic minorities. Reports indicate that Contrary to international standards and national
these children may be locked up in custodial legislation, some children are: detained with
institutions due to insufficient welfare services, adults;4 kept in unhealthy conditions; subjected
poor liaison between police and social workers, to inhuman treatment; not provided with access
and/or lack of proper records on their person. to education; and detained for lengthy periods
of time. Three countries (Cambodia, Mongolia
Child victims of sexual exploitation, trafficking, and Papua New Guinea) reported that over 50
abuse and violence at home, school and percent of accused children are detained at the

pre-trial stage, and for periods of time that are in needed to strengthen programme interventions.
breach of international standards and national Based on various reviews, it is clear that a
law. It is also significant that children are also at holistic approach to juvenile justice should be
risk of contracting HIV/AIDS and experiencing used as the underlying strategy for programming
drug and substance abuse while in detention.5 interventions.
There has been a marked increase over the past This document highlights a number of these
few years in activities focused on improving initiatives that are promoting international
juvenile justice in the East Asia and Pacific standards on juvenile justice for children in
region. Legislation is being brought in line with conflict with the law. These programmes show
international standards and the capacity of key how governments, civil society, non-
actors is being developed to implement new governmental organisations, communities and
policies in the context of child rights. A relatively ordinary citizens are working to protect children,
new trend is the development of pilot projects provide for the needs of children, and ensure
for diversion or re-integration of juvenile offeners that their rights are respected. Hopefully the
into society, as well as the establishment of child application of new approaches, refining of
sensitive procedures and systems of legal existing mechanisms and an increased focus on
assistance for children. However, some of these juvenile justice will result in fewer children
initiatives already show signs of success. experiencing the trauma and negative
consequences of inappropriate juvenile justice
In order to reduce the juvenile crime rate and the procedures. A particular focus of the initiatives
number of children deprived of their liberty and, highlighted here are programmes that attempt to
improve the lives of these children, it is useful to reduce the number of children sent to prison or
examine past and current programmes. detention centres for petty crimes (diversion),
and those that set up community-based
The identification and promotion of ‘good alternatives to incarceration of children
practices’ for children in conflict with the law is (restorative justice).
1 A World Fit for Children, para. 44.

2 Updated information can be found in several documents including: Report to the Technical Regional Workshop on Juvenile Justice, UNICEF EAPRO, July
2002 and Towards A Region Fit for Children: An Atlas of the 6th East Asia and Pacific Ministerial Consultation, UNICEF EAPRO, 2003. See also Annex 1 of
this publication for updated information on juvenile justice projects in EAP countries.
3 “The Cycle of Violence: Child Abuse and Children in Conflict with the Law”, paper prepared by Alberto T. Muyot, UNICEF Project Officer for Juvenile
Justice, Philippines, September 2002.
4 14 EAP countries report having provisions for separation of children, though these are not always applied in practice. See updates in Towards a Region
Fit for Children: An Atlas for the 6th East Asia and Pacific Ministerial Consultation, UNICEF EAPRO, 2003.
5 Study on Children at Risk of HIV/AIDs and Drugs in Five Detention Facilities in Thailand, Save the Children UK, 2003.

Credit: UNICEF Thailand

1
THE LEGAL FRAMEWORK

CHILD-SENSITIVE PROCEDURES
FOR CHILDREN – THAILAND
As a result of collaborative efforts by court officials, children’s rights organisations and child
advocates, Thailand has enacted progressive legislation creating ‘child sensitive’ procedures for
children involved in the criminal justice system - whether as witnesses, victims or offenders. Through
the innovative use of video-linked television systems for taking depositions of children, training of key
actors in the criminal justice system, and mandatory attendance of child counsels, psychologists or
social workers during proceedings, these new laws have contributed to a process that is much more
responsive to the needs and rights of children.
KEY ACTORS AND PARTNERS

Goal and Objectives
Subcommittee on Law Reform
Goal
Founded in 1996, the Subcommittee is • Development of child-sensitive
composed of 14 members, including procedures for children which reflect
representatives from: the provisions of the Convention on
• The Office of the Attorney General; the Rights of the Child (CRC) and
• The Court of Justice, specifically the Juvenile related international standards
Family Court and the Appeals Court;
• The National Police Office; Objectives
• The National Commission for Women’s Affairs • Establish a video link system for use
(NCWA); in the justice system throughout
• The National Youth Bureau (NYB); Thailand
• The Department of Public Welfare; • Increase awareness of juvenile
• NGOs and other local groups, including Fight justice issues through advocacy
Against Children Exploitation (FACE), the • Strengthen the capacity of key actors
Centre for Protection of Children Rights in the justice system through training
(CPCR), and the Women Lawyers Association and development of training manuals
of Thailand; • Prevent children from being
• UNICEF Thailand. victimised by the justice system

PROJECT BACKGROUND According to the law, persons who are compelled
to be present either at the investigation or court
1995: Creation of the Subcommittee hearings of child offenders are:
1996-1999: Preparation of the draft • child offenders;
Act and revised Act on Child Sensitive • children’s advocate/counsels;
Procedures for Child Victims and • psychologists or social workers;
Witnesses • prosecutors; and
• the police.
Formation of this Act would not have been
possible if the Subcommittee on Law Review Only a qualified social worker or psychologist
had not taken the initiative. Between 1996 and can question children. However, a derogation
1999, meetings of the Subcommittee were held can be granted in extremely urgent cases with
twice a month to discuss provisions of the law. reasonable cause, if the inquiry official cannot
It took three drafts and three years to reach an wait for a psychologist or social worker.
agreement on the draft law, which was then
submitted to Parliament. It is worth 2003: Further revision of the Criminal
mentioning that the initial draft did not extend Procedures Act
protection to child offenders. Pursuant to
Parliament’s recommendations to extend the The mechanisms and systems set up to provide
scope of the law, the Subcommittee revised the child-friendly procedures for all children in
draft and included child offenders in the new contact with the justice system, as provided by
draft that was re-submitted to Parliament in 1999. the Act of 1999, have become over burdened.
Although children were not directly involved in The workload of courts, police, social workers
the drafting process, NGO representatives were has expanded and there is a fear that this could
present at the meetings and reported to the adversely affect the quality of interviews and
Subcommittee feedback received from children. investigation. As a result a revision of the Act is
currently underway. Under the proposed
2000: Child-sensitive procedures revision, all child victims would continue to have
included in the revised Criminal access to child-friendly procedures. However,
Procedures Act it is suggested that child-sensitive procedures
would not automatically be applied in cases of
A significant legislative change was the 1999 serious offences, even if the offender is a child.
Criminal Procedures Act, which came into force However, exclusion would only be possible
in September 2000. This was coupled with the with a court order and only if the child admitted
2000 Regulation on Protection of Children`s his/her guilt. It should be noted that under the
Rights in Criminal Cases. 1999 Constitution all children still have the right
to request child-sensitive procedures.
Procedures under the new law make videotaped
deposition of child victims, witnesses, and Efforts to reform juvenile justice laws by the
offenders compulsory and allow the Court to subcommittee also include: revision of the
arrange for video-links. In addition, it prevents Law on the Establishment of the Juvenile and
the child from enduring repeated questioning Family Court; relevant civil and penal codes; and
and suffering the trauma of having to give the Draft Child Protection Act replacing the Child
his/her testimony repeatedly and having to face Welfare Act of 1973; as well as development of
the abusers. national standards for the ‘protection of children
deprived of their liberty’.

PROJECT DESCRIPTION Problems encountered
Key Activities In the implementation of the Act, a number of

challenges and difficulties have been encountered.
Advocacy
In the area of legislative advocacy, children’s • Delays were experienced for implementation
rights organisations and proponents were very of activities under the Act due to restructuring
active in lobbying for the enactment of child- within the Ministry of Justice and lingering
sensitive procedures in the justice system. budget effects of the economic crisis of 1997.
Since the adoption of the Act, the Office of the
Attorney General and UNICEF Thailand have • Technical and structural challenges also
emphasised the need to raise awareness among delayed implementation such as difficulty in
the key pillars of justice, including civil society, installing equipment and in arranging
for effective implementation of the law. This has interviewing rooms and courtrooms
been addressed through mass media, use of appropriately.
posters and brochures, meetings and training,
and various other means. • A lack of professional psychologists and social
workers resulted in having to reduce the
Training and Development of Manuals qualifications for eligibility to undertake the
In order to enable the key pillars of justice, 21-day training on child-sensitive procedures
especially courts and police, to more effectively and become registered with the justice system.
implement this Act, specialised training was also
considered necessary. Since September 1999, • Courts have been reluctant to use the new
the Office of the Attorney General, the National system, primarily because they did not believe
Youth Bureau (NYB) and UNICEF Thailand have in its sustainability. However, the situation has
provided assistance for multi-sectoral training improved over the years due to strong
for all the key pillars of justice; and specific advocacy efforts and training.
training for social workers, family court judges;
prosecutors and police. Training materials and • Police have made complaints regarding the
manuals for Training of Trainers (TOT) have been new procedures, primarily because they have
developed for Family Court Judges, Office of resulted in increased caseloads. Although in
Attorney General, Department of Public Welfare, some cases the social worker or psychologist
and the National Youth Bureau. manages to make the environment more
suitable for children, it does occur that police
Installation of video-link equipment continue to ask questions in a very
To fully implement the new law, it was investigative and ‘tough’ manner.
necessary to install television video-link
equipment in courtrooms. Installation of the • Contrary to the best interests of the child and
equipment in all provinces of Thailand was the law itself ‘consultants’ are sometimes
completed in January 2002. Initial sets of used to film investigations, including the
equipment were made available to all 76 questioning of the children. These
provinces with UNICEF’s support. In some of ‘consultants’ have yet to be trained sufficiently
the provinces a second set of equipment was on ways to raise questions appropriately when
procured with government funding and/or dealing with children.
publicly-raised funds.

IMPACT RESPONSIVENESS AND
RELEVANCE
There has been no impact assessment yet on the
implementation of the revised procedures, This law is in compliance with international
though UNICEF Thailand is planning to conduct standards on juvenile justice. Article 2 of the
an assessment in 2004. However, some initial CRC which states that every child, whether boy
achievements for implementing the new or girl, should be ensured their rights without
procedures can already be seen as follows:6 discrimination. While the law lays the ground
for non-discrimination as required by the CRC,
• Video equipment and child-friendly rooms it remains to be seen to what extent the Act
have been set up in all 76 provinces in will also be sensitive to the needs of children
accordance with the Criminal Procedures belonging to minorities (e.g. hill tribes and other
Amendment Act for Children. This process was ethnic groups). The law also reflects Article 3 of
completed gradually over an 18-month period. the CRC related to the ‘best interests of the child’
as being of primary consideration. Article 40(3)
• Over 12 multi-sectoral training workshops for of the CRC emphasises that “State parties shall
about 1,400 key ‘pillars of justice’ have been promote the establishment of laws, and
conducted throughout Thailand, including procedures […] specifically applicable to children
police. Training was conducted by the National alleged as, accused of, or recognised as having
Youth Bureau with UNICEF support. infringed the penal law […]”. The question can
be raised whether Thailand will still be in full
• Approximately 720 prosecutors received compliance with Article 40 if a current proposal
Training of Trainers courses. Training was to revise the Act (in which case some categories
conducted in 12 separate regions of the country. of child offenders would no longer automatically
be covered by the Act) is passed.
• Approximately 90 Family Court judges
attended a national Conference on Child- The police, and particularly the Family Court, do
Sensitive Procedures. play an important role in ensuring that these
statutory principles and objectives are achieved.
• Over 400 professional and paraprofessional Their role in determining outcomes is twofold:
social workers and psychologists in interviewing; and providing hearings for all
(approximately 6 or 7 per province - with a children in a ‘child-friendly environment’.
higher number in Bangkok) received a
three-week training course. Those who passed In Thailand, society is more and more recognising
the course received accreditation to allow the benefits of providing special judicial
them to assist children during investigations procedures for children. They see that victims
and court hearings. especially can be shielded from being further
victimised, and that if they are treated in a
• Between 6 to 10 cases per day in each court sensitive way by the police and judiciary,
are dealt with using the new child-sensitive they are more likely to recover from the
procedures. trauma of abuse.

Flow chart of child-friendly judicial procedures under the
1999 Criminal Procedure Amendment Act
Child rescued
Child victim Child witness Alleged accused

child (as offender)
Assistance from social

worker / psychologist
(counsel provided)
(counsel provided)
Assistance
Assistance
Right to request / reject
Same assistance /
whom to be with during
counsel provided
the inquiry process
Prosecutor participates
Inquiry done in a
suitable location
(separate private room)
Inquiry / investigation
Statement made with

social worker /
Inquiry process
psychologist present
process
Same procedures applied

Statement recorded on
videotape
(for early deposition)
Testimony given via

videolink with
social worker /
psychologist assistance
Identification of the
offender in a separate
room without
face-to-face contact
Source :
Economic and Social Commission for Asia and the Pacific: “Good Practices in Combating Sexual Abuse and
Sexual Exploitation of Children and Youth in Asia”, 2001

The participation of well-respected judges7 in
Reactions to the New Act the Subcommittee, training workshops and
conferences contributed tremendously to
• Since the creation of this law, court
demonstrating the benefits of this law - not only
officials can ‘see’ with their owneyes
for children but also for the whole society.
what child victims have been
going through. Courts no longer deal
SUSTAINABILITY
with a piece of paper, which
summarises, sometimes incorrectly,
Although initial external funding was necessary
the statements of child victims
to support establishment of the video link
[Attorney Wanchai, Roujanawong,
equipment, sustainability of this project no
Director General, Department of
longer depends on external funding.
Juvenile Observation and Protection,
Remuneration for psychologists and social
Ministry of Justice]
workers is provided through a regulation of the
• For the community, there is a clear Ministry of Justice with the consent of the
benefit from the use of these Ministry of Finance.
procedures for child victims and
witnesses. Yet the assumption that The current cost is about 500 Baht (US$ 12) for
child offenders are just ‘bad boys’ each case. The remaining participants in the
and would be better off detained is process (police, court officials and attorneys)
still too common. do not receive additional compensation when
[Kitiya Phornsadja, UNICEF Child they have to adhere to this process.
Protection Officer, Thailand]
The Office of the General Attorney in each
• Children are less afraid to make
province is now responsible for expenses
declarations when they are not on
related to (re)installation of interview rooms, video-
their own to face interrogations from
taping and related equipment (particularly
the police.
batteries for microphones). These batteries are
[Attorney Wanchai Roujanawong,
extremely expensive, so it has been decided that
Director General, Department of
they will be replaced by electric equipment. This
Juvenile Observation and Protection,
will be fully covered by the Government, as
Ministry of Justice]
electricity costs are already included in the
Government budget.
INNOVATIVENESS
Sustainability of the procedures is directly linked
Thailand is one of the first countries in the to the strong involvement of the Advocate for
region, with the Philippines to have established Children and other supporters who assisted in
‘child-sensitive’ procedures for children in the developing and promoting the creation of this
justice system. This was possible because the law. There is a continuous need to revise the law
Subcommittee did not wait for the Office of the in order to reflect the changing needs of children
Attorney General to take the lead in drafting the and the community, and the capacity of the justice
Law on Child Sensitive Procedures. The creation system.
of this Subcommittee was initiated by children’s
advocates based on their concern, good will and
role as advocates.

CASE STORY
In March 2002, a 14-year-old boy visiting a temple fair was lured by a man who at the time
was a Buddhist monk. The man took the boy to his quarter and sexually assaulted the boy
throughout the night. The following morning the victim went to see the police, which led to
the arrest of the monk. At the inquiry level, the prosecutor’s questioning of the boy in the
presence of a psychologist was officially video recorded. At the court hearing, the prosecutor
only submitted a medical report stating the boy might have had anal sex and a confirmation
from the inquiry official that the boy had reported so. The prosecutor would not bring the
boy to the court hearing in person because his father had not granted permission. The father
feared further humiliation for his son. The Court also concluded that the defense cannot
bring the boy to the Court for testimony, as it would be unbeneficial to the child and cause
further distress. Therefore, under the Criminal Procedures, Section 133 bis and Section 172
bis 3, the Court ordered the attorney and the plaintiff to bring forward the video of the boy’s
interrogation to be viewed in Court. The video testimony was considered together with other
evidence submitted. The offender was found guilty and received a prison sentence.
LESSONS LEARNED
Justice systems for children should respect the they feel intimidated by the offenders and by the
rights of all children. process they may have to go through with police
Children who come in contact with the law, and/or the courts. Especially for child offenders
whether as offenders, child victims or child there is a need to build their trust in the police.
witnesses, should be treated equally. This does
not imply one system of justice for all children Multi-sectoral training promotes co-ordination
but recognises that within different procedural and commitment from all key actors or pillars
rules for various categories of child cases, the of justice involved in bringing about changes to
rights of each child must be respected. law implementation.
Partly as a result of multi-sectoral training
‘Good laws’ and regulations are not enough. co-ordination among the pillars of justice has
Laws and regulations can only address a small improved. They now work together, and discuss
part of the problem. Advocacy and training on and plan appropriate responses to children’s
juvenile justice, the CRC and the entire system issues. In addition to multi-sectoral training
of legal protection for children in Thailand is more specific training is needed for some of
necessary for strengthening implementation the justice pillars (i.e. social workers, police and
of the law. court officials). To make the law more effective,
training should be integrated into each
Awareness raising and education activities for department/ministry’s internal training
parents and community members are necessary programme.
in order to improve attitudes, especially towards
child offenders. It is important to be flexible in the process of
Civil society needs to be educated on child rights selecting social workers and psychologists.
in order to support appropriate justice for children. It became clear that there is a lack of
Children also need to be educated. Too often professionally trained psychologists and social
victims are afraid of reporting their cases because workers in Thailand. Therefore, it became

necessary to be more flexible in determining Further training of police in child questioning
qualifications for those psychologists and social techniques is needed.
workers who could be considered eligible for Children, especially child offenders, have
training and certification to support children in difficulty trusting the police, and the fact that the
court. Under the new procedures, it was decided police do not always use appropriate language
to extend the selection process to all social with children does not help this situation. If
workers and psychologists, both professional questioning is done incorrectly, the process of
and para-professional recognising that they all questioning and taking statements can have
have to pass the training programme to become serious impacts on the mental health of children,
certified. and may result in incorrect statements during
the inquiry.
Child-sensitive rooms and equipment should
also be widely available. It is important to ensure the confidentiality
The Office of the General Attorney should not be of cases.
the only place where child-sensitive rooms are The confidentiality of cases needs to be ensured
established. In some cases, it was very and improved. For example, no ‘consultants’
inconvenient for children who lived far away to should be invited/admitted during the filming of
come to the provincial centre for their interviews. child investigation and questioning.
Thus, child-sensitive rooms and equipment
should be available in as many locations as Structural changes are needed to improve the
possible/feasible. implementation process.
Police are still reluctant to fully endorse the child
Continued capacity building is needed to ensure protections encompassed by the new law. There
effective use of video equipment. is clearly a need to promote behaviour change in
Although the capacity of professionals to this area. Therefore, it is proposed that a Special
manage the process has been increased, much Police Unit be created. The staff of this Unit
remains to be done. There is a special need to would receive special training on child rights.
ensure that video equipment (video-link cameras The police seem very receptive to this idea.
and microphones) are used effectively.

CONTACT INFORMATION
Contact: Mr. Trakul Vinitnaiyapak,

Director General, Department of International
Affairs, Ministry of Justice
Country: Thailand
Name of Organisation: Office of The Attorney General
Address: Ratchadapisek Road

Na Huppei Road, Bangkok 10200
Telephone: +66 2 222 8121
Fax: +66 2 221 0858
Area of Work: Legal Protection
6 Based on interview with Attorney Wanchai and Kitiya Phornsadja of UNICEF Thailand.
7 Justice Wacharin Patchekvinyuskul and Justice Jaran Pakdithanakul.

Credit: Cambodia’s Child Protection Unit

2
LEGAL ASSISTANCE

LEGAL REPRESENTATION FOR
CHILDREN IN NEED OF SPECIAL
PROTECTION – CAMBODIA
In Cambodia, children in conflict with the law and child victims do not always receive appropriate
legal representation.8 This includes the right to have access to justice, to obtain redress, and to have
legal assistance in the preparation of their defence.
As the arrest and detention rate for juvenile offenders has increased over the years, many children
have suffered from violations of basic rights while in detention, including violence and abuse, poor
health services and food supplies, and high risk to contract HIV/AIDS and/or other sexually
transmitted diseases. Recently, as a result of the legal assistance provided by the Child Protection
Unit of the Cambodia Bar Association, some juveniles have been released from custody or acquitted,
and important services are being made available for them, including education. The assistance these
juveniles are receiving can make the difference between freedom and independence, and months or
even years of being “forgotten” within the criminal justice system.
Bar Association of Cambodia, UNICEF Cambodia

Special Unit With a view to improving legal protection for
The Cambodia Bar Association was created by children, especially children in conflict with the
law in 1995. All lawyers practising in Cambodia law, UNICEF Cambodia has been involved since
must be registered by the Bar. It is headed by a 2000 in the area of juvenile justice through a
President and governed by a Bar Council. As of number of projects. One of UNICEF’s main
November 2002, there were 222 practising lawyers activities in this field is to provide support to the
registered as members of the Bar. The Legal Aid Bar Association of the Kingdom of Cambodia to
Department of the Bar Association is established provide proper legal protection for children in
by law and is devoted to the legal representation conflict with the law.
of the poorest. The Child Protection Unit is set up
within the Legal Aid Department. Other partners
The Ministry of Justice; LICADHO (human rights
NGO); provincial and municipal courts; the
higher courts; the Child Protection Network at
the provincial and municipal level; the Ministry
of Interior - Law Enforcement against Sexual
Exploitation of Children project (LEASEC); and
the newly established Lawyer Training Centre of
the Bar Association of Cambodia.

the right to have access to justice, to obtain
Goal and Objectives redress, and to have legal assistance in the
preparation of their defence.
Goal
• To improve access to justice for
Many children are arrested illegally by police,
children in conflict with the law and
charged by prosecutors and then sent to the
child victims, and provide proper legal
investigating judge. Investigating judges
representation for these children.
generally issue detention warrants immediately,
without considering the details of the case. It is
Objectives
generally observed that laws are not fully
• To increase awareness among NGOs
respected by judges, prosecutors, the judicial
and government institutions working
police and local authorities. For juveniles
with and/or for children regarding legal
accused of criminal offences, the following
services available to children in conflict
problems are especially important:
with the law and child victims - in
• There is currently no special law on child
order to refer approximately 15 cases
justice;
monthly to the lawyers’ team.
• Children are sometimes treated as adults by
• To encourage and enable the Child
law enforcement;
Protection Networks to refer cases to
• Judicial police arrest the child suspect without
the lawyers’ team whenever necessary.
proper evidence;
• To provide children accused of
• Judicial police arrest or place the child
criminal offences and child victims
suspect in police custody without indictment
with free legal representation and
from the prosecutor;
access to justice, including release of
• Too often suspects or the accused children
children from police custody whenever
are detained for several months beyond the
possible.
limited period indicated by law; and
• To produce and distribute a
• In many instances, police, prosecutors, judges
specialised publication regarding
and prison officers do not make sufficient
court cases on children’s rights to all
efforts to inform the child’s parents that he/she
professionals so that: they become
has been arrested and detained.
sensitised to children’s rights issues;
a debate on children’s rights and
Based on increasing reports of children in
juvenile justice is made possible; and conflict with the law9 and child victims not
doctrine and jurisprudence on these always receiving proper representation, UNICEF
matters is further developed. supported the creation in May 2000 of a Child
Protection Unit within the Bar Association, and
PROJECT BACKGROUND signed a Memorandum of Understanding to run
the project “Legal Representation for Children in
Legal protection for children in contact with the Need of Special Protection”. This project started
law in Cambodia is not sufficient. Due to a with two lawyers providing legal representation
shortage of funds for legal aid lawyers, lack of in 7 provinces. This project now has nationwide
lawyers specialising in children’s issues, low coverage (24 provinces) and is composed of 3
interest in handling such cases, and in some well-trained lawyers and one judicial assistant
circumstances judges not appointing lawyers as with a specialisation in child protection, including
required by law, children in conflict with the law juvenile justice and issues relating to exploitation
too often have their rights denied. This includes and abuse of children.

PROJECT DESCRIPTION lawyers to represent both child victims and
child offenders when both are involved in the
Structure same case) have also been developed. Due to a
The structure around the Child Protection Unit heavy workload and conflicts of interest, the
can be outlined as follows: Child Protection Unit sometimes must refer
cases to other legal aid or defence
organisations.
Bar Association
• Maintains a database on the numbers of cases
received, accepted and referred, and
documents cases referred to and handled by
the Child Protection Unit. In order to prepare
Legal Aid Department
cases, the Child Protection Unit conducts
investigations by lawful means, including
interviewing witnesses and local authorities.
The Child Protection Unit also requests
Child Protection Unit
medical examinations and opinions by
1. Lawyer and Team Leader medical specialists whenever required.
2. Lawyer
3. Lawyer
4. Judicial Assistant • Visits detained children in prisons to monitor
their situation, including gathering case
statistics such as the number of children in
detention.
Key Activities
• Liaises with NGOs (working with and/or for
On-the-job training for the team lawyers and children), existing child protection networks,
judicial assistant. prison authorities in Phnom Penh and Kandal
UNICEF experts, including experts in juvenile provinces, police, and Social Affairs
justice and children’s rights, continue to provide authorities. This is necessary in order to
training to the Child Protection Unit team encourage these groups to refer children to
members and facilitate networking with, and the appropriate social services (including
training by, other relevant NGOs and psycho-social support when necessary),
government agencies. ensure contact with their families, and collect
information related to juvenile detention.
Legal representation of children in conflict with the Social workers in particular might also be
law and child victims. involved in interviewing the child, visiting
The Child Protection Unit undertakes a number incarcerated children and introducing
of activities in relation to legal representation, psycho-social information to the Court.
including:
Sensitisation of law professionals and other
• Receives cases of and represents children actors in child justice.
accused of criminal offences and child victims. The Child Protection Unit publishes and
Only poor children, children from poor families distributes a leaflet in Khmer and English
or children in the care of NGOs or Government describing the Unit and its activities in order to
institutions are eligible. Criteria to avoid increase awareness among NGOs and
conflict of interest (such as requests by government authorities (e.g. Ministry of Social

Affairs, Faculty of Law, Senate, National impacts of the Legal Representation for Children
Assembly, Constitutional Council, police) in Need of Special Protection project can be
regarding legal representation of children. To drawn from interviews with the project
date, 2,150 copies of the leaflet have been implementers as well as documents made
distributed to all court levels. available.10 Based on these sources, some key
impacts of this project are as follows:
The Child Protection Unit also publishes a
quarterly journal which aims to disseminate Over 354 children in conflict with the law and
court decisions related to children’s issues, with child victims have been provided legal assistance
commentary from lawyers and a list of articles between May 2000 and December 2002.
related to children’s rights. The journal ensures This figure represents 260 cases of children in
that the identity of the child is protected. The conflict with the law and 94 cases of child
publication is distributed free of charge to: all victims. 200 children have been represented/
courts; legal organisations; members of the Bar defended before the Court and the remaining
Association; the Council of Jurists; concerned cases were in process as of the end of 2002.
Ministries; the CNCC; National Assembly and Most of the cases for which representation is
Senate; the Dean, interested professors and the provided to children in conflict with the law are
library at the Faculty of Law; Ministry of Justice related to the following offences: theft, robbery,
Library; NGOs; Committee on CRC; Legal Aid of battery with injury, and rape. It is worth
Cambodia; Cambodian Defender’s Project; and mentioning that the objective of 15 cases per
the National Library. month is sometimes exceeded; amounting to 25
in some months.
Documentation Centre
Legal books and other reference documents The number of cases of children in conflict with
relating to children’s rights, juvenile justice and the law and child victims reported and referred
child victims have been collected and are to the Bar Association has increased since May
deposited with the Child Protection Unit. The 2000, rising from 57 in 2000 to 150 in 2002.
documents are an important resource for the This seems to indicate that the service is known
Child Protection Team as well as for other and recognised as being beneficial. It is
lawyers and practitioners. interesting to note that the majority of cases of
children in conflict with the law referred by the
IMPACT Courts and in some cases by a representative of
the Cambodia Office for High Commissioner for
There has been no project evaluation to date. Human Rights. However, child victims are more
However, some understanding regarding the often referred by local human rights NGOs such
CASE STORY
A boy was accused of committing petty larceny and beaten by security staff in the Central
Market in the capitol of Phnom Penh. The Child Protection Unit intervened in this case
following an order to provide legal assistance. The Unit lawyer negotiated with the head of
the market to reach a settlement such that the boy was released. Some financial
compensation was provided to the boy in order to help him with medical costs. This is one
successful example of diversion that resulted from legal assistance provided by the Child
Protection Unit.

as, the Cambodian League for the Promotion and and provide medical services and health checks
Defence of Human Rights (LICADHO), for them. The Child Protection Unit works to
Cambodian Human Rights and Development secure these children’s release from prison.
Association (ADHOC), Cambodian Women’s
Crisis Centre (CWCC), the community-based Child witnesses have received legal protection
Child Protection Network, as well as by friends through this project.
and family of the victim. Although the project does not generally provide
assistance to child witnesses, if a child witness is
Among the children represented to date, 26 involved in a case in which a child victim receives
juveniles have been acquitted and 8 released on legal assistance from the Child Protection Unit,
bail thereby avoiding detention. the child witness may also receive legal protection.
Keeping these children out of institutions means
that they can stay with their families in their
communities and continue to go to school. The
Child Protection Unit actively encourages
juveniles to go to school following acquittals.
The often lengthy period of time for which

children are detained while awaiting trial has
been reduced as a result of the legal
intervention of the Bar Association.
Some children, languishing in jail because they
were ‘forgotten’, were provided free legal
assistance by the Child Protection Unit. The Child
Protection Unit monitors children who are held The Child Protection Unit of the Cambodia Bar Association:
pending trial and makes representations where Mr. Loung Sokha, Mr. Chum Sophea, Mr Yim Sary (Team Leader)
and Ms. Keo Chea. Credit: Cambodia’s Child Protection Unit
children are kept detained over the limit of time
proscribed in the law. As a result of frequent training provided to the
Child Protection Unit, physical and other abuse
Some children suspected of committing a by law enforcement officers toward children has
criminal offence have been diverted from the been reduced.
formal criminal justice system. However, children are still facing violations of
In some cases diversion is used; however, this is their rights by members of law enforcement
very limited in practice, as there is currently no agencies, and a change in police approach and
legal basis to keep children away from the justice behaviour remains relatively limited at present.
system. UNICEF’s plan to include child justice in its
training of police officers commencing in 2004
Innocent children who are incidentally kept in should be able to effect more of a change in
prison with their convicted mothers have also this regard.
been assisted by NGOs.
When a pregnant mother is sentenced to Relevant national and international laws
imprisonment and gives birth to a child, the child applicable to children, especially the CRC, are
is also raised in jail. Too often this incarceration invoked before the courts and consequently
is for a lengthy period of time and adversely more and more children are ensured a proper
affects the child’s mental and physical health. trial in line with national and international
Human rights NGOs keep track of these children standards.

The Child Protection Unit has assisted the judges
and court officials to better understand the CRC. Reactions to the Project
However, awareness raising on this issue is fairly
new, and more advocacy is needed to continue • The court is grateful to have the
to encourage the judiciary to fully comply with services provided by the project, and
the CRC’s provisions in the court’s handling of often calls on the Child Protection Unit
children’s cases. UNICEF’s discussions with the lawyers to represent children in need of
new School of Judges and Prosecutors will see assistance. They have recognised that it
all these law professionals in Cambodia trained is often easier to ask the children
on child protection issues, including child justice. questions if a lawyer is representing
them.
RESPONSIVENESS AND
RELEVANCE • NGOs and social services welcome
the assistance of the lawyers in the
This project is in compliance with international representation of children, as it is
tandards on juvenile justice, in particular Article difficult to find lawyers for children.
40 of the CRC which “recognises the right of Children do not generally know their
every child alleged as or accused of having rights, so NGOs refer children who
infringed the penal law”… “to have legal or come in conflict with the law to the Child
other appropriate assistance in the preparation Protection Unit lawyers.
and presentation of his or her defence”.
Although not all children can be provided legal • The Community’s understanding of
assistance due to limited number of staff and the benefit of having children legally
project budget, the free legal assistance provided represented has increased.
is helpful to safeguard the rights of some of the
poorest children.
As a result of the legal representation children SUSTAINABILITY

feel more confident about the court process and
feel more comfortable telling the truth. The Bar Association has established a Legal Aid
International standards on legal assistance have Department composed of 10 lawyers (not
also been incorporated into national law, such counting the Child Protection Unit). It is funded
as Article 10 of UNTAC Criminal Law11 of 1992 by contributions from members of the Bar and
which guarantees the right to legal assistance for by the Royal Government of the Kingdom of
any child (or adult) accused of a misdemeanour Cambodia. Lawyers at the Legal Aid Department
or crime. However, as mentioned below (see may represent clients anywhere in the country.
Lessons Learned), the national legislation for
protection of children is still weak and needs to The Bar Fund is derived from dues paid by all
be reformed in order to provide full protection members, as well as other contributions. A
for children (e.g. child-sensitive procedures for special account has been established for
children need to be established). providing income to lawyers who defend the
poor. This special account may receive donations
or aid from private or international organisations
as well as foreign governments in order
to provide for the defence of poor people.

Funds required to sustain the project are very because they feel scared. Within this context it
reasonable, about US$ 25,000 to 30,000 per year. is suggested that child-sensitive procedures be
Since the creation of this project, UNICEF has established. UNICEF Cambodia plans to support
been the primary sponsor with an allocation of a pilot project on child-friendly courts starting in
approximately US$ 102,000 for the initial phase. 2004 if funding permits.
In order to make the project fully sustainable
however, it would be necessary to institutionalise Law reform is needed to promote that
this project or attract additional donors. recommendations for services be included in
Court decisions involving youth offenders and
LESSONS LEARNED child victims.
In Cambodia, courts do not include in their
Legal representatives for children find it difficult decisions specific recommendations on services
to advocate for diversion and restorative justice to be offered to child offenders. It would be
approaches as they do not yet exist in the law. helpful to advocate for inclusion of such
Continued advocacy for law reform on juvenile provisions and require courts to seek advice
justice is critical. from social workers/NGOs to identify what
There is no diversion system currently available services are available. Appropriate
under Cambodian law. Due to a lack of legal recommendations from judges would mean that
basis, it is difficult for lawyers to argue that a services would depend on the court directives,
child should be dealt with outside of the court not on people’s voluntary assistance. It is
system. It is clear that a greater impact on important that any new legislative provision
reducing the number of children in detention requiring adequate services for youth offenders
would be achieved if diversion were legally and child victims be workable in the Cambodian
established. As for child victims, it has been context, given that currently there are limited
pointed out that approximately 40% of children services available for these children.
are sometimes unable to testify before the court
CASE STORY
“Mok”, a 16 year old boy, was on his way to visit relatives with some of his friends. They
noticed a crowd of people demonstrating outside a hotel and stopped to watch. Suddenly,
he and his friends were arrested by the police and accused of participating in the
demonstration. They were also accused of attempting to steal hotel property. Another young
man, 17 years of age had a similar experience. The boys told the police that they didn’t
participate in the demonstration, in fact did not know the reason for the demonstration, and
had no intention of stealing hotel property.
They were accused by the prosecutor to the Phnom Penh Municipal Court of attempted theft
contrary to the Criminal Law. The investigating judge issued a warrant of temporary
detention 3 days later. The Team Leader of the Child Protection Unit, who represented the
boys, successfully argued to get them out of temporary detention.
At the trial, the Team Leader said that the boys did not attempt to steal property, arguing that
there was insufficient evidence to convict them in this case and that according to the
Constitution, any case of doubt shall be resolved in favour of the accused. The Court
acquitted the boys of any criminal wrongdoing.

Judges are not always responsive to the instruments. With the establishment of the new
recommendations of children’s advocates, School for Judges and Prosecutors, it is hoped
especially in child victim cases. that professionalism, skills and knowledge about
More efforts are needed to strengthen children’s protection issues will increase.
relationships among key justice actors. Multi- Although there are some judges that understand
sectoral training, for instance, could help in and respect the CRC, their actions are
strengthening their collaboration and constrained by the limits of current criminal law
understanding of each other’s roles and provisions.
responsibilities - including the special needs of
child victims and children in conflict with the law. Transportation costs for getting children to the
This may also result in a reduction in the number court has been a problem in some cases.
of children abused in jail. This problem occurs mainly in the case of child
victims. Generally, child offenders who are
Visits to youth offenders in prisons are essential awaiting trial and receive legal assistance are
to strengthen the relationships and trust detained in prisons or youth rehabilitation
between youth and children’s advocates. centres in the court’s vicinity. There is no funding
This also allows monitoring of human rights allotment for this cost at the moment.
violations of children in detention, such as the
right to: be free from violence and abuse; health More advocacy work is needed to reach children
problems (including HIV/AIDS’ threats); and the in remote areas who are in need of special
right to receive sufficient and proper food. Too protection and legal assistance.
often children’s advocates are powerless in this To date, children in some provinces have not
respect. received any legal assistance because not
enough advocacy has occurred in these areas,
Progress is linked to political will and economic particularly in remote areas. In order to fill this
circumstances. gap, it is suggested that communication be
Current high-ranking officers of the Ministry of further developed and more linkages made with
Justice are very supportive of the idea of having NGOs working for the benefit of children.
new legislation on child justice. It is unknown, UNICEF Cambodia has recently applied for
however, whether the new leaders will have the supplementary funds to create a Bar Association
same position after the national election in July Child Protection Unit satellite office, which if
2003. It will be important for UNICEF to advocate successful would see better access for children
if necessary with the new leaders the in other parts of the country.
continuation of the drafting process.
There is a need to encourage passage of the
The success of the cases represented by the proposed Penal Code, especially the provisions
Child Protection Unit depends on court related to corruption.
professionalism and independence, as well as Corruption in the courts and among government
adherence to the principles in the CRC. staff means that justice is not always served. The
In practice, courts are not independent and proposed Penal Code will have stronger
training of judges and prosecutors has been provisions on corruption, and the proposed Law
limited. In general, courts do not pay much on Judges should also help to address this
attention to the CRC or other human rights problem.

CONTACT INFORMATION
Country: Cambodia
Name of Organisation: Bar Association of the Kingdom of Cambodia,

Child Protection Unit
Address: #231, Street 63 P.O. Box 1587

Phnom Penh, Cambodia
E-mail: [email protected]
Telephone: +855 23 21 7575
Fax: +855 23 21 3658
Area of Work: Legal Representation of Children
8 According to the law, a “child in conflict with the law” or “child victim” refers to a person below the age of 18 years of age.
9 According to LICADHO and the Department of Prisons of the Ministry of Interior, the number of arrests and detention of youth offenders is reported to
have increased between 1995 and 2002. The average population of minors in the Youth Rehabilitation Centre and Prison totalled 188 in 1997 and increased
to 632 in 2002.
10 Legal Representation for Children in Need of Special Protection, a project presented to UNICEF by the Cambodia Bar Association, Phnom Penh, 2003.
See also Legal Representation for Children in Conflict with the Law, Reporting Document from January 2000 to December 2002. See also Progress Report
to the German National Committee for UNICEF, Cambodia Child Protection Programme: Programme Against Trafficking of Cambodia Children in Thailand,
March 2002.
11 Full title: Provisions Relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period.

COURT APPOINTED SPECIAL
ADVOCATES/GUARDIANS AD
LITEM : CASA/GAL VOLUNTEERS
– PHILIPPINES
This volunteer programme provides a mechanism for skilled and trained child advocates to provide
services to children and youth in conflict with the law. The “special advocates/guardians” interview
everyone involved with their assigned case, ascertain how the needs of children can be met and what
resources and services are available. These volunteers may also represent, and plead the case of the
child as well as make recommendation to the court, as to what they believe is best for the child and
providing the judge with information that will help the court make an informed decision.
“CASA/GAL is a laudable programme, but it is only we who can give it real meaning for children.
Children who, when they find themselves in courts for the first time, cry out for help, but whose
voices we do not hear because we are not there! Thanks to CASA/GAL for being there!”
(Judge Nimfa Cuesta-Vilches)
KEY ACTORS AND PARTNERS Ateneo Human Rights Center

The Child Rights Desk of the Ateneo Human
CASA/GAL (Court Appointed Special Rights Center, located in Manila, houses the
Advocate/Guardians Ad Litem) secretariat for the CASA/GAL Foundation. The
Although the CASA/GAL programme was Centre has a legal aid programme that litigates
created in late 2000, it was formally incorporated cases, and one of its priority areas is children’s
in July 2002 to provide leadership in issues. The Centre is also a pioneer in legal
implementing the programme. CASA/GAL research and provision of legal training on
volunteers are used and appointed by the Family children’s rights. Its vast resources, and the
Courts. Volunteers must be over 18 years of age fact that it is a law school-based organisation,
though they are generally between 35-60 years enhances its capability to effectively aid the
old. Technically, they may come from different Agency in its goal of developing quality CASA/
backgrounds, but in practice most come from GAL programmes and services.
non-governmental organisations. Some
volunteers work full-time and others part-time, Philippines Judicial Academy (PHILJA),
helping child offenders or child victims on an CASA/GAL implements its project in
individual basis. No legal experience is required collaboration with the Philippines Judicial
to work as CASA/GAL volunteers. However, a Academy, which is a separate component of the
high level of commitment is necessary as some Supreme Court of the Philippines. Before being
programmess require a commitment of more assigned by a judge, CASA/GAL volunteers
than a year. receive specific training from PHILJA and other
partners.

Family Courts Other Partners
The Family Courts have exclusive jurisdiction to The Bar Association and UNICEF Philippines are
hear and make judgements on criminal cases partners of CASA/GAL and PHILJA. To date,
where the youth accused is between 9 and 18 PHILJA and its partners have organised training
years of age, and where children are victims of seminars for both trainers and volunteers of
abuse, neglect, exploitation and discrimination.12 CASA/GAL in Manila Luzon, Visayas and
Judges of the Family Courts have direct control Mindanao. The Children’s Legal Bureau of Cebu
and supervision of the youth detention home City and Children and Family Services Inc. (CFSI)
and alternatives to detention and institutional of Baguio City have also organised training,
care.13 Training continues to be provided for though the CASA/GAL system is not yet
family court judges and the ‘pillars of justice’, formalised in these cities.
contributing to the creation of a network of
officials who now handle children’s cases PROJECT BACKGROUND
collaboratively and with more sensitivity.
The first comprehensive court for children and
families was set up in the Philippines in 1925. It
became the forerunner of the Juvenile and
Goal and Objectives Domestic Relations Court and then Family
Courts. What is the situation 75 years later? In
Goal terms of youth offences, a high estimate of
• To advocate for the best interests of 10,749 cases involving child victims and 10,117
children in court by promoting and cases involving children in conflict with the law
supporting the development, growth have been documented.14 Although the
and continuation of quality CASA/GAL Philippines ratified the CRC in 1990, the courts’
programmes and services throughout responses to these children did not change at
the Philippines. that time, mainly because children were not
heard personally or even through a
Objectives representative. Nevertheless, when the Child
• To represent the best interests of the and Youth Welfare Code (Presidential Decree
child, including the well-being of the 603, 1974) and the Child Protection Act
young person (promoting his/her (Republic Act 7610,1992) were enacted, the
health and happiness), and reasonable concept of guardians ad litem (GAL)15 existed to
responses by authorities in proportion help children. However, the role of GALs were
to the child’s circumstances and/or the not clearly defined and the impact on children
nature of the offence said to have been was less than adequate. Because the
committed. representation of children was still a problem in
• To talk with a wide variety of people the Philippines, they decided to look at similar
involved in children’s cases and programmes for Court appointed advocates for
support objectivity in their children in the United States.
recommendations.
• To present written reports to the The CASA/GAL programme was launched in
court, and when appropriate, speak in Manila at the end of year 2000 based on the
the courtroom on behalf of the child’s models seen in the United States. The launch
best interests. coincided with the adoption by the Supreme
Court of the new Rule on the Examination of
a Child Witness, which provided for the

appointment by courts of a guardian ad litem for appointed by a Family Court in Manila, and their
a child who is a victim of, accused of, or is a intervention resulted in the release of two
witness to, a crime. The Rule was the first of its detained children.
kind to clearly define the role of a court
appointed guardian ad litem. CASA/GAL volunteer training has also been
conducted in the island groups of Luzon (July
Since December 2000, over 150 CASA/GAL 2001); Visayas (September 2001); and Mindanao
volunteers and trainers have been trained in (October 2001). People from Cebu City have been
Manila through seminars and training of trainers invited to attend the CASA/GAL training, and the
(ToT) courses.16 A two-volume CASA/GAL Children’s Legal Bureau (CLB) has carried the idea
training manual was developed to support these further by training more people from NGOs. It is
in-depth training courses focused on: the expected that CASA/GAL will be replicated in Cebu
national legal system, understanding court City as well, probably in 2003.
processes, interview techniques, and
confidentiality; roles of volunteers; and learning PROJECT DESCRIPTION
about children and their families and child
development. Those who receive training hear Structure
from all the pillars of justice and social workers CASA/GAL has an organisational structure that
on many related subjects. As early as December clearly describes job hierarchy and chain of
2000, the fist two CASA/GAL volunteers were command; nevertheless all work together as a
CASA/GAL Organisational Structure
Board of Directors
Executive Director
Programme Directors
Development Director
Regional Directors
Administrative Assistant
Case Case
Coordinator Coordinator
Support Clerical
Case Managers Staff or
Volunteers
(as per needs)
Event
CASA Volunteers Volunteers

team with the aim of making a difference in Advocacy and Representation
children’s lives. The structure of CASA/GAL has CASA/GAL volunteers speak up for, represent,
undergone some changes over the years, and plead the case of the child even during
especially through the expansion of the mediation, then make reports to the court,
programme. The chart above illustrates recommending what they believe is best for the
the current structure. child and providing the judge with information
that will help the court make an informed
Key Activities decision.
The use of a conventional courtroom may be Monitoring

intimidating to children. In addition, the language CASA/GAL volunteers can be instrumental in
used in court is often too complex for children to ensuring that a child or his/her family receives
understand. Because they are specifically services that the court has ordered - such as an
appointed to respond and advocate for the independent background review, counselling, or
interests of particular children and their families special education testing. During the lifespan of
in court, CASA/GAL volunteers are regarded as a case, a CASA/GAL volunteer monitors the
one of the most important forms of assistance to child’s situation. Hence, CASA/GAL volunteers
children and their families. CASA/GAL volunteers may be the only constant the child knows as he/
have become a powerful voice for children, she moves through the complex justice system.
representing the best interests of the most
vulnerable group of children, whether victims IMPACT
or those in conflict with the law. By representing
children in court, the CASA/GAL volunteers have Although there has been no evaluation of the
significantly helped family court judges in project to date, some insight regarding the impact
handling children cases. from the use of volunteers can be drawn from
interviews and available documents such as donor
Once screened and trained, CASA/GAL or progress reports. Based on this information, the
volunteers are assigned to a case by a judge. following impacts of the CASA/GAL programme
Their main activities are described below. have been identified:
Investigation A reduction in the number of ‘forgotten’ and

Volunteers research thoroughly the background institutionalised children.
to the case, review documents, and interview A review of out-of-home placements indicates
everyone involved, including the child offender that the programme has contributed to: a
or abused child. The volunteers are very helpful reduction in the number of children ‘forgotten’ and
in that they often bring to the attention of the the number of children ‘set adrift’ in foster care or
court hidden facts and interests.17 institutional placement. It was noted that
a Manila court (Branch 98) has appointed CASA/
Facilitation GAL volunteers to provide assistance to
Volunteers ascertain how the needs of the approximately 500 children every year (about
children can be met and what resources and 350 child victims and 150 children in conflict
services are available. In some occasions they with the law).
also provide transportation to government
offices in order to obtain services or evaluations
which otherwise would be unavailable.

CASE STORY
”Flor“ (not her real name) is a 14 year old girl who was helped to file charges against her
abusive stepfather. Her parents separated several years ago and since then Flor has had no
contact with her father. After the separation her mother began living with another man.
According to Flor, her ”stepfather” was cruel and often beat her, her mother and her
half-siblings. In her sworn statement, Flor said that he repeatedly raped her at home.
He also threatened to kill her, and because of these threats Flor did not immediately disclose
her ordeal to anyone. Finally she told a neighbour who accompanied her to the Barangay
office. The Barangay officials then reported the matter to the Department of Social Welfare and
Development (DSWD) in Manila.
A rape charge was filed against her ”stepfather”. The case is now pending before the
Regional Trial Court of Manila, Branch 48. In May of this year, a Family Court Judge asked
a social worker to volunteer her services as a CASA/GAL volunteer for the minor. The Court
instructed the CASA/GAL volunteer to determine what other services or assistance could be
extended to Flor.
Initially Flor was uncooperative. She denied the abuse, and refused to divulge details about
the rape because she was embarrassed. A psychological evaluation found Flor to possibly
have a schizophrenic disorder. She underwent psychiatric treatment and was given
medication, but she had adverse reactions to the medication.
After some time, Flor showed marked improvement. When she was able to talk to her
half-siblings by telephone, they became her support group. She started interacting with the
other children in the community, participated in the activities, showed interest and initiative
in doing chores, ate her meals regularly and improved her personal hygiene. She learned to
put her trust in her CASA/GAL volunteer and gradually started talking about her experiences.
The CASA/GAL volunteer social worker is working to assess available resources within the
family and community to provide for Flor’s needs. Flor wants to be reunited with her mother
and siblings. Unfortunately this does not appear feasible at this time as the volunteer learned
that the mother was still afflicted with a mental disorder and is incapable of taking car of her
children. Flor’s biological father is not interested in taking custody of her as he has another
family now. Despite earnest efforts to locate the grandparents and other relatives, the social
worker was unable to do so. The CASA/GAL volunteer has developed a set of recommenda-
tions to protect and promote Flor’s best interests. These included:
Custody Flor should remain in the custody of the DSWD for the duration of the legal
proceedings and thereafter, a suitable home for her is found. Her siblings should also
remain in the custody of the DSWD until a suitable placement for them is also secured.
Visitation contact Supervised visitation between Flor and her half-siblings should be
arranged on a regular basis.
Treatment Flor should be referred as soon as possible to the CPU-PGH for counselling and
treatment of her various emotional and psychological illnesses. Her mother’s mental illness
should be treated at an appropriate institution.
Other recommendations Home study of the father and other relatives should be
undertaken to determine the best placement for Flor and her half-siblings. DSWD social
welfare services should continue to seek and assess other placement options such as foster or
adoptive families.

A reduction in the number of children being to child rights. Children are not just objects of
traumatised by their experience in Court. pity but are seen as active persons with rights.
CASA/GAL has reduced this problem through the The children need CASA/GAL and community
use of alternative methods of having children volunteers to protect, promote and advocate for
testify, such as using video and audio-taped their rights. One example is that children who
depositions and/or live-link television. may be abused by their own families are now
offered help by the community. In the past,
The experience of children in institutions has been domestic violence and child abuse were often
substantially improved. seen as family matters, which should be solved
Most of the youth in detention are there for petty by the family without community interference.
crimes and tend to be first time offenders.
Experience shows that if these children are The programme has already been replicated in
treated appropriately they are unlikely to commit other areas of the country.
a crime again. However, it is also true that more CASA/GAL has been replicated to date in three
impact is likely to be seen on children that are major Islands of the Philippines including Luzon;
first time offenders. Interviews indicate that Visayas and Mindanao.
children often face a terrifying experience in
detention, which can make them feel victimised RESPONSIVENESS AND
again. RELEVANCE
The project is in compliance with international

standards on children in conflict with the law and
child victims, especially: Articles 12(2), 19, 37, 39
and 40 of the CRC; the Beijing Rules; the Riyadh
Guidelines; and Rules for Juveniles Deprived of
their Liberty. International standards have been
incorporated into Philippines national standards.
Section 15 of the Rules on the Apprehension,
Investigation, Prosecution and Rehabilitation of
Youth Offenders requires that a GAL be
appointed for children in conflict with the law
during trial if the parent or guardian of the child:
(i) is not present or; (ii) will not cooperate with
Participants at a CASA/GAL Awareness Seminar. the child or; (iii) the interests of parents/
Credit: CASA/GAL Foundation
guardians and those of the child are in conflict.
The network of law enforcement officials, social For child victims, under Section 19 of the
workers, NGOs and communities providing Implementing Rules and Regulations of Republic
support to children has been strengthened, and Act No. 7610, when a case is filed for the crime
these key actors have become more sensitive to of child abuse or exploitation, or when there are
the rights and needs of children. child witnesses or child subjects in court cases,
Credit for these developments has been given to a GAL is appointed to represent the child’s best
the multi-sectoral training for the five ‘pillars of interests. In particular, the Rule on the
justice’. Involvement of the community and Examination of a Child Witness provides for
NGOs working closely with children has also appointment of guardians ad litem for a child
assisted the Court in handling cases of children in victim or a child accused of a crime. Under this
a more sensitive manner. Training has shifted the Rule, the guardian ad litem ‘shall promote the
community’s perspective from child welfare best interests of the child’ (Section 5).

Gender perspectives are included in the training SUSTAINABILITY
modules. The regional training is also designed
to ensure that cultural differences are reflected. The fact that CASA/GAL depends on volunteers
Participants in the training generally represent drafted from NGOs and community groups that
both sexes and a broad range of ages, already work on children’s issues has helped
educational and professional backgrounds, to ensure sustainability. Thus limited funds are
religions and cultural backgrounds. needed to support the programme. The major
costs include the operational costs for
CASA/GAL and funds for training. To date
UNICEF has funded the development of training
materials and the Training of Trainers while the
Reactions to the CASA/GAL
Assisi Foundation, a local NGO, funded the
Programme
operational costs of the national CASA/GAL.
At the local level, the CASA/GAL volunteers rely
• “Judges more or less know what their
on local NGOs. While they are doing volunteer
role is, but they must receive the
work they may also shoulder other financial
information they need about the child.
costs, such as helping a child. Family Court
While the entire system seems to be well
Judges are also tapping local resources and
represented, nobody actually spoke up
rely primarily on these resources. Signs of r
for the vulnerable children. CASA/GAL
ecognition in one way or another are also
became a friend of the court.”
(Judge Nimfa Cuesta -Vilches) important and have certainly encouraged
volunteers to stay in the programme.18
• “When I applied to be a CASA/GAL
volunteer I was persuaded of its
INNOVATIVENESS
importance. I immediately appreciated
the usefulness for the humanitarian treat
ment of children who had to be in the The CASA/GAL is a unique programme based
judicial process“ (Maria Isabel G. Ong on the new Rule on the Examination of a Child
pin, CASA/GAL) Witness. This was the first time that a Filipino
organisation adopted such an ‘evolving
• “I am struck by our luck! The CASA/
concept’.19 While Court Appointed Special
GAL programme was launched in
Advocates have been mentioned in previous
Manila at the end of 2000 and
coincided with passage of the Rule laws, there is more focus on this in the Rule on
on the Examination of a Child Examination of a Child Witness, which took effect
Witness.” (Alberto Muyot, Attorney, in December 2000. The new provisions provide
UNICEF Philippines) for a comprehensive and clearly defined role for
guardians ad litem to represent the best interests
• “CASA/GAL has made a substantial
of children in conflict with the law, child victims
difference on these children’s lives.
I have seen it with my own eyes!” and child witnesses. The timing was
Judge Nimfa Cuesta-Vilches). right for the CASA/GAL. The programme was
welcomed as a support for implementation of
• ”This programme has already
these new provisions.
gained momentum and will continue
to prosper as more citizens and
courts learn about it.” (Maria Isabel The reliance on volunteers from the community
G. Ongpin, CASA/GAL) has increased understanding and commitment to
children. The CASA/GAL programme is a
voluntary project open to anyone. However, it

requires an investment of the necessary time Volunteers need to be given some leeway; there
(within a flexible structure) and a strong is no need to create a rigid system.
commitment. Nevertheless, even people with It is important to have a flexible system for
heavy work schedules have decided to get CASA/GAL. Questions have been raised whether
involved in this project. there is a need to put into place a system of
accreditation. While some believe that a system
LESSONS LEARNED of accreditation would be helpful in recognising
the volunteers’ commitments, others believe
The CASA/GAL volunteers have played a key that it may be risky to have a rigid system, as
role in implementing the Rule of Examination of this might encourage volunteers to feel it is their
a Child Witness. “If you take them ‘right’ to ask for funding. It should be noted that
[the volunteer] out, there is nothing”.20 currently CASA/GALs work on a voluntary basis
Court judges respect the autonomy of the without regular compensation or salary.
CASA/GAL volunteers and their understanding Reimbursements are given only for expenses
of children’s problems and needs. CASA/GAL incurred in the work. Certificates of appreciation
volunteers know best the services and or reward could also be used to recognise the
programmes available, and can properly assess volunteers’ commitments, as well as improve
which of these services are most appropriate for public relations and recruitment of new
a particular child. volunteers.
Court personnel and other key justice system

actors dealing with children need to be
introduced to the CASA/GAL programme.
While some court personnel have become
familiar with the programme and the principles
of child rights and the new procedures, others
still need more information. One way to do this
is through multi-sectoral training for the ‘pillars
of justice’ and related training on children’s rights.
It is important to implement activities carefully

in order to avoid further victimisation or abuse
of children.
Newly arrested children in a police detention cell where This includes careful screening of potential
conditions are very poor. Credit: CASA/GAL Foundation
volunteers, as well as some form of quality
control (e.g. in the form of impact assessment)
It is important to involve community actors and of the training and services provided. Further
NGOs in the work of the court to ensure that victimisation may also occur if children are
children are handled properly and provided with handled by individuals who do not understand
appropriate services. children’s needs.
Members of their own community are closest to
the child and know best the needs of the child
and of the child’s family. The community is part
of the ‘pillars of justice’ system, and it is
important that community level actors are given
an opportunity to guide and assist children
throughout the entire judicial process.

CONTACT INFORMATION
Contact: Sedfrey M. Candelaria

President, CASA/GAL Foundation
Ma. Victoria Cardona

Ma. Tricia Oco
Attorneys at Law, ATENEO Human Rights Center
Minerva Ambrosio
Attorney at Law, working as CASA/GAL
Country: Philippines (Manila)
Name of Organisation: CASA/GAL Foundation

ATENEO Human Rights Center
Address: G/F ATENEO Professional Schools

20 Rockwell Drive, Rockwell Centre
Telephone: +63 2 899 7691 to 96, local 2109 to 2117
Fax: +63 2 899 4342
12 Family Court Act No.8369, Section 5.

13 Family Court Act No.8369, Section 8.
14 “Setting the Context for CASA/GAL Volunteer Advocacy”, Judge Nimfa Cuesta-Vilches, Manila, Philippines, April 2001.
15 Ad Litem means “referring to the case at law”. “Guardian ad litem” refers to a person who acts on behalf of a minor who is a defendant in a court case.
16 According to Judge Nimfa Cuesta-Vilches.
17 Judge Nimfa Cuesta-Vilches.
18 Prof. Sedfrey Candelaria, PHILJA.
19 Prof. Sedfrey Candelaria, PHILJA.
20 Judge Nimfa Cuesta-Vilches.

Credit: FREELAVA

3
DIVERSION AND

COMMUNITY-BASED PREVENTION
AND DIVERSION PROGRAMME –
Cebu City, Philippines
The Community Based Prevention and Diversion Programme serves the community and children of
Cebu City in two ways: as a prevention measure in keeping children away from the justice system,
and in providing support to the reintegration process of children in conflict with the law. More
specifically, peer facilitators (who work closely with the Children’s Justice Committee) provide an
opportunity for children in conflict with the law to share their experiences, circumstances and
difficulties - leading to an exchange of ideas on how to help one another and ways of being useful to
the community. FREELAVA is also developing a system of data collection and monitoring based on this
prevention and diversion programme.
Free Rehabilitation, Economic, Children’s Justice Committee (CJC)

Education and Legal Assistance This Committee was formed in April 2002,
Volunteers Association, Inc. (FREELAVA) primarily to work for the settlement,
FREELAVA is a non-profit organisation reconciliation, and mediation of reported cases
established in 1983 in Cebu City, Philippines. It is involving children in conflict with the law. It is
an umbrella organisation for community-based composed of a chairman and co-chairman (both
organisations, government organisations, and members of the Barangay justice system), and
academic and civil minded individuals pooling nine other members which may include the
their resources together to achieve a common police, Barangay councillors, city social workers,
mission. Its coverage is limited to the province youth confederation members, the Barangay
of Cebu, including the cities of Cebu, Mandaue, secretary, community volunteers, and peer
Lapulapu, Danao and Toledo. It supports three educator and child development officers.
major projects: free legal assistance;
rehabilitation of offenders; and a prevention and Partners
diversion programme for offenders. Together Government agencies (including the
these projects cover 22 Barangay. At present, the Departments of Interior, Justice, Social Welfare
projects are run by 28 staff members, 150 and Development, Education, Culture and Sport,
community volunteers, 100 education local government officials, Philippine National
programmes volunteers, 50 peer volunteers and Police, the Commission on Human Rights),
22 area coordinators. UNICEF Philippines, NGOs (including Save the
Children, the Cebu Task Force on Street Children,
and the Stop Abuse of Minors Association), the
media, churches and schools.

Barangay Council for the Protection of Children
(BCPC) to promote community level prevention,
Goal and Objectives diversion and mediation measures for children in
conflict with the law.
Goal
• To reduce the number of youths
FREELAVA provides assistance to the CJC’s
re-offending and children in detention
members through guidance for implementing
through community-level prevention,
the project in their own localities. FREELAVA is
diversion and mediation programmes
in the process of developing a manual on the
for children in conflict with the law.
Community Diversion Programme for children in
conflict with the law and a system of referral for
Objectives
cases and other psycho-social interventions
• To promote awareness of the need
targeted toward children in conflict with the law.
for well-trained child’s rights advocates
Psycho-social interventions include: legal and
and/or community volunteers (CV’s).
medical services; counselling; formal education;
• To increase public awareness of the
temporary shelter (if necessary); values
needs for community level goverment
formation; and provision of basic needs.
officials to respond to the needs of
Seminars and training sessions are also being
children, in particular through the
provided to the members of the Children’s
proper administration of justice
Justice Committees to enhance skills and
among children in conflict with the
knowledge in handling children in conflict with
law.
the law.
• To enhance awareness among
children in conflict with the law and
Through the CJC, proper procedures for
others regarding their ability to
handling the mediation process are followed
participate in providing support and a
with the participant (youth offender), the parents
positive influence on the values of
or guardians, and the complainant. The CJC
children of their same social level and
advocates diversion and mediation even more in
economic status.
cases when the complainant favors the arrest of
• To design, formulate and initiate an
minors. In addition to responding to reported
appropriate mechanism in the
cases, the CJC also plans and implements crime
community that will properly
prevention activities for children.
administer the disposition of cases of
children in conflict with the law -
PROJECT DESCRIPTION
preventing children in conflict with the
law from entering formal judicial
Key Activities
procedures, their subsequent
detention in jail, and re-offending.
Response to a Report or Arrest
When a case is referred to the CJC by the
community or the police, the Committee
PROJECT BACKGROUND members convene to verify the facts of the
complaint, report or arrest and verify the
The Children’s Justice Committee (CJC) was whereabouts of the victim and the child in
formed in April 2002 as a community-based conflict with the law. Community volunteers
structure established by NGOs and FREELAVA. immediately inform the parents of the child and
The CJC serves as a mechanism within the explain the mechanisms of the diversion

programme to the complainant. CJC members undertaken by the youth offender. Community
refer the children in conflict with the law to the volunteers continue to monitor the child in
community scouts for safekeeping and conflict with the law through center/family visits.
counselling while settlement/mediation is The secretariat of the CJC keeps track of records
on-going. through a system of data collection and
monitoring.
Settlement/Mediation
The CJC members summon both parties to Crime Prevention and Diversion Programmes
discuss possible settlement/mediation of the FREELAVA offers a number of programmes to
case and to schedule subsequent meetings support crime prevention and children in conflict
(normally cases are processed straight away). with the law who have been diverted from the
Usually a 15 day ‘cooling off’ period for both formal justice system. This begins with
parties (if agreeable to all parties) is suggested. community mobilisation or ‘organisation’ in
Community volunteers intervene by visiting the order to identify and select community volunteers
offended party to explain the purpose of the and Peer Educators (PEs), establish a structure
diversion programme for children in conflict with and provide training. With the support of these
the law. If all parties agree to the mediation, the community members the following activities are
offender is asked to present his/her written or offered:
oral apologises to the victim and/or verbal
reasons explaining why he/she committed the • Skill training is provided to out-of-school youth
crime(s). in co-ordination with other government and
non-governmental organisations. The most
Mediation must be heard in a private room, common training activities where children
usually in one of the rooms of the CJC’s Centre. participate include practical electrical training,
It is not necessary that all CJC members be plumbing, automotive repair, refrigeration,
present, with the exception of the arresting carpentry, and culinary arts among others;
officer who is responsible for conducting the • Livelihood programmes are targeted to
mediation. In practice, however, 10 persons, parents of the children to augment family
including involved parties and members, are income. These include micro loans to fund
normally present, including a social worker livelihood activities such as small-scale
whenever possible. In case no settlement is vending, pig raising, dressmaking, etc;
reached a formal filing of the case takes place. • Educational assistance through the provision
In these cases community volunteers continue to of school supplies, school uniforms and
provide necessary assistance to the child offender. enrolment fees is supported by FREELAVA to
almost 400 children every year. Many PEs and
Post-Settlement/Mediation high risk young adults have benefited from the
Where settlement is reached, CJC members programme, particularly those endorsed by the
recommend steps for further psycho-social members of the CJCs;
intervention for the child offender through a • Value formation seminars and informal group
center-based or family-based approach. It is up discussions are conducted and facilitated by
to the discretion of the CJC to make the community volunteers to address ways to
recommendations as there are no guidelines improve parenting skills; to discuss diversion
available for the decision-making process and restorative justice; to provide information
regarding programmes available for youth on the rights of children, based on the UN
offenders in light of their profile. Neither is there Convention on the Rights of the Child; and to
any written agreement on programmes to be educate people on local laws and ordinances

pertaining to children. Participants are interventions needed by each minor.
primarily parents and relatives of children in
conflict with the law, as well as youth IMPACT
beneficiaries;
• STD & HIV/AIDS education and awareness Children’s Justice Committees have been
activities are conducted by FREELAVA staff established and are now functioning in nine
especially in red-light areas of Cebu City to Barangays. These include the Barangays of
address the protection, prevention, and proper Ermita, Tingo, Pasil, Suba, Dulj-Fatima, Carreta,
treatment of sexually transmitted diseases San Roque, Pahina Central and T. Padilla. Within
(STD) and HIV/AIDS; this context, the following impacts of the project
• Group counselling is organised by peer have been noted:
facilitators and community volunteers as a
means of follow-up for children in conflict with Reduction in the numbers of child offenders sent
the law who are back in the community (there to detention.
are currently 120 community volunteers Over 72 children reported to have committed
operating in all target areas of the project). The petty crimes between October and December
peer facilitators link the identified children in 2002 were prevented from institutionalisation
conflict with the law with other minors in the and detention due to the assistance of the CJC.
community in order to invite them to Instead of facing detention, these children
participate in group discussions. The peer entered into a process of mediation. Diversion
facilitators and community volunteers receive options were made available to all of these
training in order to facilitate these discussions children. For instance, 52 of these children
in an appropriate and supportive manner; and were asked to do community service and
• Psycho-social interventions provided the community volunteers ensured regular
include, counselling; case management monitoring of their cases.
support; educational, legal and medical
assistance; and referrals to other institutions Reduced crime rate.
for further psycho-social interventions. Before this project started, 150 cases were
reported to the police or Barangay, and some of
Monitoring children in conflict with the law hese were prosecuted through the court system.
In collaboration with three pillars of justice - Less than one year after the beginning of the
namely, the police, the Bureau of Jail project, only 30 to 40 cases were reported to the
Management and Penology (BJMP) and the Barangay and subsequently settled.
community, FREELAVA innovated a system of
data collection and monitoring of children in Indications of reduced risk of youth re-offending.
conflict with the law. The records of minors in jail In December 2002, the CJC mediated 53 cases.
from a specific Barangay are checked and tallied According to CJC’s members, of these only 4
with Police records as well as with records kept individuals had committed another offense as of
by the Barangay Tanod and the Lupon March 2003.
Tagapamayapa. This procedure is reviewed
every six months. In the process, FREELAVA Increased self-confidence among peer educators.
carefully examines the possibility of aliases used The children organised as peer educators/
by some of the minors. Once finalised, the BCPC facilitators have already exhibited
receives a copy of the data of juveniles in conflict self-confidence through active participation in
with the law in their Barangay. This serves as a various activities in the communities.
baseline for the provision of appropriate

Increased interest in community volunteering. The primary reason for the remaining 12 children
Twelve new individuals have been recommended to drop out of school was reportedly due to
to be active community volunteers for the financial need. This indicates the need to expand
project. They would similarly undergo a series of financial support for access to education.
seminars and training sessions, particularly in Nevertheless, these children continue to be
the areas of diversion, restorative justice and active participants of the FREELAVA project, and
sensitivity to children. are provided with some other programmes to
help them to not re-offend.
Increasing numbers of children in conflict with
the law returning to school. Development of a monitoring system with
Because FREELAVA encourages the child database on cases diverted by the CJC.
offenders to continue their schooling, several This was an unintended and very positive
children have decided to do so. Of the 27 former outcome of the project. The activity started in
child offenders enrolled in formal June 2002, a few months after the establishment
education for 2002-2003, 15 continued studying. of the diversion project.
CASE STORY
Carlo, a 17 year old out-of-school youth from Barangay Ermita, Cebu City, was caught by the
local police after he snatched a necklace from a woman riding a public utility vehicle. The
arresting officers brought him to the police station while waiting for the victim to arrive to
file appropriate charges.
In the police station, the head of the Child and Women’s Desk, also a member of the
Children’s Justice Committee of Barangay Ermita, interviewed both the child and the victim.
The officer suggested the case be settled through the CJC instead of the Barangay Hall,
considering that Carlo was a minor. The police officer informed the CJC in Barangay Ermita
about Carlo’s case and advised the chairman and the secretary to contact Carlo’s mother to
tell her to go to the police station immediately.
Together with Carlo’s mother, the CJC chairman and the secretary went to the police station
and explained to the arresting officer and the victim about the role of the CJC in the
community with regards to children in conflict with the law. Both the arresting officer and
the victim agreed to bring the case to the CJC.
In the Barangay Hall, mediation took place between Carlo and the victim, together with the
arresting officer. Carlo was informed about the conditions of mediation and that he was
required to ask for forgiveness from the victim. He also had to return the necklace he had
taken from her.
During the mediation, Carlo promised the members of the CJC, in the presence of the victim,
the arresting officer and his mother, that he would attend the various activities of the CJC
and that he would join the group of peer facilitators in his community.
Carlo is now an active peer facilitator and has been helping the community volunteers
in conducting activities, particularly related to crime prevention and rehabilitation among
children and youth likely to commit crimes.

RESPONSIVENESS AND RELEVANCE services and programmes; interdisciplinary
cooperation; and youth participation in
The importance and relevance of the CJC is prevention polices and policies in process. It is
recognised. The project staff encountered no also in line with Article 40(3b) of the CRC, which
difficulty in organising the CJC in the nine indicates that States Parties shall promote the
Barangays. Almost all of the newly-elected establishment of diversion systems instead of
Barangay officials have shown support to the recourse to the formal court system.
project. Furthermore, most Barangay chiefs have
recognised the CJC as the most active The project is also gender sensitive.
sub-committee of the Barangay Council for the The programme would contribute to local
Protection of Children. government officials becoming more sensitive to
children and making officials more gender-fair in
According to CJC members, the mediation their approach to children in conflict with the law.
process responds to the needs of all parties.
The project primarily receives referrals from the
police and community for minor crimes (mainly
Reactions to the Project
for snatching, sniffing glue and a few cases of • “I am selling ‘rugby’ (a soft drug,
theft). To date, over 200 youth offenders, mainly similar to glue) and most of my
boys and mostly first time offenders - though customers are children. After the
30 percent are repeat offenders - were mediated informal group discussion on
through this process. It is reported that no one diversion, I will think twice and most
has rejected the diversion process to date, and probably stop my activity.” [adult’s
all parties involved appear to be satisfied with statement]
the outcome. Given that the CJC is dealing • “We are happy that you have this
with several youth offenders with drug-related kind of project and beneficial
problems, they plan to establish a special drug activities, but why only now?” [adult’s
counselling programme to respond to the special statement during a group discussion]
needs of these children.
• “I certainly learned many things,
especially about the rights of my
The Peer Educator programme serves the children. Now I realise that I am also
community in two ways: as a prevention neglectful to my children.” [adult’s
measure; and also in providing support to statement]
the reintegration process of the children in
• “Many times I envy my classmates
conflict with the law. As mentioned above,
when they have money to buy things
the programme provides an opportunity for
they like in school. I also thought
these children to share their experiences,
of stealing so that I could also have
circumstances and difficulties, which leads to an
money of my own. But every time
exchange of ideas on how to help one another
I think of stealing, I stop because
and ways of being useful in the community.
I always remember the staff of
FREELAVA who are helping me and
This project is in compliance with international the other children.” [child’s statement]
standards on juvenile justice, in particular Article
9 of the Riyadh Guidelines on institutionalisation • “I joined to become a Peer Educator
of comprehensive prevention plans at all levels, because I like to assist the other
children just as FREELAVA assisted
including: monitoring and evaluation;
me.” [child’s statement]
community involvement through a wide range of

INNOVATIVENESS The buy-in of police officers is key for making
community-level diversion a success.
The project is the first of its kind in the Philippines Police officers are the first point of contact with
that is building a model for community law enforcement and the justice system for
diversion. Formalising the concept through the children in conflict with the law. The decisions
organisation of the CJCs, peer education, and made at this level are decisive for whether a
involvement of community members are seen child will be diverted or channelled to the formal
as distinctive features of the project. Another justice system. Thus, the support of the Police
innovation of is the proactive effort to gather Force as well of individual police officers for
data and monitor cases of children who are in diversionary practices is of key importance.
conflict with the law. Having police officers who are members of the
CJC has also proved useful in advocating for
SUSTAINABILITY diversion in concrete cases.
Funds required to sustain the project on

diversion are very reasonable, at about
US$ 16,000 per year. In order to make it fully
sustainable, however, FREELAVA would like to
institutionalise the project.
Although most of the current funding will finish

at the end of 2002, there are commitments
to fund this project for the next 2-3 years. At
the moment the sponsors are Caltex, the Path
Foundation, Foundation Wash, and UNICEF.
The pool of potential community volunteers

does not seem to be abating. Instead, the
growing interest among community members Credit: FREELAVA
to become volunteers is very encouraging and
crucial for the continuation of the project. It takes some time for the community to
understand the importance of the project and
LESSONS LEARNED support its implementation.
Community views on this project were rather
The support of the general public is important negative in the beginning, but key actors have
for crime prevention and for the promotion of now become more receptive. At first Barangay
diversion. Tanods tended to turn over children in conflict
It is not enough to just improve the juvenile with the law to the Police Station, which
justice system. The general public has to support automatically led to filing of formal cases.
and be involved in the change process. After Project staff approached Barangay chiefs
The sources of problems faced by children in with their concerns, the Chiefs of the Barangay
conflict with the law are in families, schools and Tanods were invited to become permanent
the community. Additionally, diversion and member of the CJCs. Since then, the number of
restorative justice need to be accepted and short cuts used in the handling of child offenders
supported by communities. that result in detention have diminished.

It is important to ensure and recognise the views with other youth. Peer counselling seems
participation of community volunteers. to be particularly helpful for repeat offenders.
The CJC has agreed to summon a community Peer educators who were once offenders also
volunteer whose case is up for mediation. may have more credibility and often encourage
Identification cards are issued to make them the children in conflict with the law to do
feel that they are recognised and valuable to the worthwhile activities and become good citizens
process – and especially to children in conflict in their community.
with the law.
Positive media coverage promotes the
The quality of community volunteers and peer importance and beneficial effects of diversion
educators needs to be monitored. projects.
Although most of the peer educators and Inviting former children in conflict with the law
community volunteers fulfil their tasks in an to participate in media forums has proven to
acceptable manner, some less positive be valuable. Children are given the chance to
experiences have also been reported. Potential explain how they were able to cope with life after
their offence through the assistance of the many
new Peer Educators and community volunteers
sectors of the community. This can also bring
need to be carefully screened and criteria
high levels of satisfaction for youths, parents and
for disqualification of volunteers need to be
teachers and encourage their efforts.
established. The community volunteers and
project staff decided that if a community
The Project must to be prepared to respond to
volunteer is found to be involved in illegal
increasing expectations and needs of ‘clients’.
activities or fails to attend programme activities,
For instance, some diverted young offenders
he/she should no longer be a part of the project.
asked for financial support to cover their health
Similar guidelines should be established for peer
expenditures. Because FREELAVA did not have
educators.
sufficient funds to respond to such a situation,
project staff decided to create an emergency
Further consideration needs to be given to the
fund where all adult beneficiaries (parents) are
development of diversion guidelines. encouraged to deposit 1 peso every day. This
Currently, there are no guidelines to help the CJC small fund has allowed FREELAVA to respond to
members identify the best diversion options for urgent needs, which has proven to be very helpful.
their cases and it has been questioned whether
this is satisfactory. While most cases before A centralised system for data collection and
the CJC are petty crimes and easy to address, monitoring of the justice system is needed.
they tend to seek the advice of law enforcement At the programme level, monitoring is mainly
officials for more serious cases, on a case-by-case the responsibility of the organisation or agency
basis. There is current discussion as to whether that handles each particular project. FREELAVA,
it would be helpful to develop basic guidelines for example, has decided to collect its own
for the CJC on diversion options and processes. data for the cases it handles. More systematic
data collection would improve monitoring and
Youth peer educators are important in order to programming.
reach out to children in conflict with the law.
Most peer educators really want to make a The membership of Gender and Development
difference. Young people can benefit each other Officers is a positive factor for the project.
in many ways, because they speak the same The GAD Officers are trained in dealing and
language, and may feel more comfortable reaching out to children. They are already
tackling specific issues and exchanging their sensitive to the rights and needs of children.

CONTACT INFORMATION
Contact: Anthony C. Auditor, Executive Director
Country: Philippines (Cebu City)
Name of Organisation: FREELAVA
Address: Rm. 207, 2/F, Mingson Building

Cebu City, Philippines 6000
Telephone: +63 2 256 2718
Fax: +63 2 254 7739
Area of Work: Prevention and Diversion Programmes
6 Based on interview with Attorney Wanchai and Kitiya Phornsadja of UNICEF Thailand.
7 Justice Wacharin Patchekvinyuskul and Justice Jaran Pakdithanakul.

POLICE ‘YOUTH AID DIVERSION’
PROJECT – New Zealand
In New Zealand, the police deal with 80 percent of youth offenders (under 17 years)21 through
warnings or diversion options. Of these, more than 75 percent do not recommit following the police
intervention. In order to have the greatest impact and reduce the likelihood of repeat offenses, police
interventions must be made in an appropriate manner that involves the youth’s family. This also
implies that risk factors be addressed, and that services and programmes are available for youth
offenders and their family as identified. In addition, interventions should be based on good practices,
teaching new skills in an active way and addressing the ‘four corners’ of young people’s lives.
Police Youth Aid Youth Courts

Police Youth Aid is a programme implemented Youth Courts hear charges brought against
by the national police service, known as the young persons. The Court is presided over by a
New Zealand Police, throughout the country. It Youth Court Judge who is a District Court Judge
deals with the majority of young people who are selected to sit on the Youth Court through a
apprehended or who are considered “at risk of warrant granted for this purpose. When a young
offending”. Youth Aid Officers are not present at person appears in the Youth Court they are
the incident but receive reports regarding youth assigned a ‘Youth Advocate’ who is a lawyer
offences. The police also run youth education selected to undertake this role. Lawyers cannot
and youth development programmes, which decide to be a Youth Advocate on their own. In
have been successful in reducing offences by the opinion of Youth Aid Officers, young people
young people. whose family engages their own lawyer are
disadvantaged by not having a specialist Youth
Youth Justice Co-ordinator Advocate to represent them.
The position of Youth Justice Co-ordinator was
created under the Children, Young Persons and Other Partners
Their Families Act of 1989 (hereafter referred to Actors in the Social Service sectors, especially
as the ‘Act’). The Justice Co-ordinator is in the fields of health and education;
employed by the Department of Children, Youth Department of Child, Youth and Family; Ministry
and Their Families and has the responsibility for of Justice; and Ministry of Social Development.
convening Family Group Conferences (FGCs).
When the Youth Justice Co-ordinator holds a
FGC he/she acts as the facilitator and records
what is agreed to. Youth Justice Co-ordinators
also perform other duties as prescribed in the
Act.

new scheme dealt with young offenders and also
Goal and Objectives undertook a limited ‘talk in school’ programme.
Goal 1968: The Youth Aid programme established

• To reduce the number of youth The Juvenile Crime Prevention Section was
repeat offenders and children dealt by given responsibility for the Youth Aid programme
the Youth Court through promotion and the first national co-ordinator of Youth Aid
of prevention, diversion and Family was appointed. Police retained the authority to
Group Conferences (forms of restorative make the final decision regarding whether or not
justice for children in conflict with the to prosecute the offender although consultations
law). with all parties were an important part of the
Objectives process.
• To create, promote and support a
safety net of effective, easily accessible The basic objectives of the section were related
and culturally appropriate youth to crime prevention; rehabilitation of offenders;
services. provision of specialised services to assist other
• To try to become involved with members of the service with their work; provision
youth and child offenders as early as of specialised services to supplement other
possible in order to prevent escalation police services; and public relations/community
of problems. relations (as Youth Aid expanded and gained
• To try to avoid overreaction in the experience).
responses given to youth offenders,
and deal with situations in the most The General Instructions for Youth Aid at that
effective but yet least intrusive and time stated: “The underlying purpose of the
disruptive way possible. police scheme shall be to keep the welfare of
• To strengthen and empower children and young people at the forefront when
children, young people and their dealing with delinquency, and [….] efforts are to
families in order to ensure that all be directed towards steering them away from
young people are properly protected […] bad behaviour and generally assisting them
and cared for. to develop into good citizens.[…].” Operational
• To properly administer the police were encouraged to exercise their
disposition of cases of children in discretion and, where possible, avoid arresting
conflict with the law through warning young offenders. Instead, reports were
and diversion options, thus preventing forwarded to the Youth Aid section for
children in conflict with the law from recommendation as to further action.
entering into the formal judicial
process and re-offending. After making enquiries into the young offender’s
background, decisions regarding how to deal
with the offender were made after discussions
PROJECT BACKGROUND22 with the various network members. The family
of the offender and the victim of the offence did
1957: ‘Juvenile Crime Prevention Section’ not participate in this decision-making process
scheme established by police but their views, if known, were considered.
Two members of the police were appointed in Actions to deal with the offenders were aimed
Christchurch to establish a pilot scheme known at rehabilitation, with less emphasis on holding
as the ‘Juvenile Crime Prevention Section’. The the offender accountable for his/her actions.

Although the discussion process was important, section of the Youth Aid; Child Abuse Teams
police still retained the authority to make the instituted in 1988.
final decision on whether or not to prosecute the This led to a reduction in Youth Aid involvement
offender. especially with the introduction of the physical
and sexual abuse teams. Social workers now
1974 – 1975: The Children and Young Persons dealt with victims without the need to refer to
Act passed Youth Aid. The physical and sexual abuse teams
This act formalised discussion procedures and are now known as Child Abuse teams, with
required police to consult with a Department of detectives, social workers and other professionals
Social Welfare social worker prior to prosecution working together co-operatively.
and before a summons could be issued against
a young offender (between 4 and 17 years of A sergeant was appointed as a coordinator, a
age). Child offenders (under 14 years) could not first step towards recognising that the various
be charged with an offence (except murder and sections required different skills and should
manslaughter) but instead were warned, referred operate as independent units.
to Children’s Boards or a complaint was lodged
against their parents indicating that the child was 1989: The Children, Young Persons and Their
in need of care, protection or control. Families Act adopted, signifying a move to an
‘accountability model.’23
Youth Aid officers did not sit on Children’s The new Act separated care and protection from
Boards. This task was delegated to a police Youth Justice and introduced procedures to
sergeant or senior sergeant - in some cases ensure that they be treated separately. The Act
appointed because of availability rather than placed great emphasis on involving family
suitability. Children’s Boards had some success members (including extended family members)
but were weak in the sense that decisions tended in decision-making regarding appropriate
to be made by ‘experts’. Families and victims interventions for young offenders. Youth justice
were not involved in the process and consultation placed an onus on police to deal with offenders
was not required at all if a young offender was by way of diversion unless it was inappropriate
arrested. in consideration of the seriousness of the offence
and the nature and number of previous offences
In arrest cases, the consultation process and committed by the young person. The new
Youth Aid were completely bypassed. Youth Aid system holds the offender accountable and seeks
dealt with only minor offences by child offenders. reconciliation with the victim. The Act also had a
Unfortunately, the powers given to police and major impact on police, Youth Aid and all other
the Social Welfare Department by the 1974 Act agencies dealing with young people.
were on occasions used for wayward behaviour The changes to Youth Justice were primarily a
rather than for care and protection or criminal move from a ‘welfare model’ to an
behaviour. Courts continued to make decisions ‘accountability model’.
regarding detention, and boys and girls continued
to be detained, often for long periods of time Roles and Functions of Police/Youth Aid Officers
in Social Welfare facilities. This was justified as Youth Aid officers play a key role in the youth
being for ‘their own good’ yet often for quite justice process, including seeking appropriate
minor matters. solutions through warnings, diversion and other
methods of dealing with offenders (including
1976 – 1988: The Law Related Education those committing serious offences) without
Programme established in 1976 as a separate resort to youth court or Family Group Conference.

The law does not preclude any offence from children and young persons, when requested;
being dealt with in this way. The Youth Aid • Providing input to in-service training, as well
officer decides if there is an alternate way of as guidance and assistance to other police
handling the case, taking into consideration the force members when they deal with children
attitude of the young person and of the family, and young persons; and
toward the offender. The majority of offences • Prosecuting or supporting prosecutors in
dealt with through this process are property Youth Courts, and appearing on behalf of the
offences such as shoplifting, property damage, police in application for declaration
offences involving motor vehicles, burglary and proceedings initiated by police in the Family
driving offences. Court. Police in New Zealand prosecute in the
court except in serious cases in which the
When the offence involves more than minor accused has pleaded not guilty, or when the
violence, Youth Aid officers believe it is important matter is being deliberated before a jury. The
that the victim be able to confront the young Youth Court judges prefer Youth Aid Officers to
person. Therefore a number of these types of prosecute in Youth Court as the officers are
cases are dealt with by a Family Group Conference familiar with all aspects of the case and, most
and may not proceed to Youth Court. The fact importantly, they understand and work to
that Youth Aid officers agree to keep such achieve the objectives and principles of the Act.
matters out of Youth Court is strong evidence
that the programme is dealing with serious
youth offences by alternative means.
A Youth Aid officer is a fully qualified police

officer who had chosen to specialise in dealing
with young people and their families. It is his/her
responsibility to manage matters pertaining to
children and young people, including:
• Implementing alternative methods of dealing

with young offenders, other than through
criminal proceedings, where appropriate;
• Representing police at Family Group
Conferences under the ‘Youth Justice’ and Youth undertaking community services.
Credit: Youth Aid New Zealand Police
‘Care and Protection’ provisions of the Children,
Young Persons and Their Families Act of 1989; Stages in Police Diversion for Youth Offenders
• Liaising with schools, government agencies Channeling juvenile offenders away from the
and organisations concerned with the care, court system can be done at different points of
protection and rehabilitation of children and the justice process, though decisions by the
young persons who have come to notice of the Police and Youth Aid Officers must consider a
justice system - in particular Youth Justice number of factors before determination of the
Coordinators, Care and Protection Coordina most appropriate action (section 209).
tors, and Care and Protection Resource Panels; These include:
• Providing guidance and assistance to parents,
schools and/or other persons and • Nature and circumstances of the offence;
organisations on matters related to the care • Previous offences committed by the child or
and protection of, or offences committed by, young person;

• Degree of involvement of the child or young Statistics show that most children and young
person; people will only come to the notice of police for
• Attitude of the child or young person toward one offence. Unless there is a need to keep the
the offence; young offender in custody or bail is required,
• Response to the offence by the child or young they are released. Police are able to release a
person’s family; young person on bail to appear in Youth Court at
• Attitude of the family to the child or young a later date, which means that young people are
person; not kept in police detention while having to wait
• Proposals to make reparations or apologise to for a court appearance. In fact, money is not put
the victim(s); up for bail. In the place of bail there is
• Effect of the offence on the victim(s); consultation with the young person and their
• Victim’s views on the proposed method of family in which the young person agrees to
disposition; abide by certain conditions.
• Effect of previous sanctions or punishment
imposed on the child or young person; Warning
• If the public interest requires criminal A verbal warning can be given by any police
proceedings. officer or Youth Aid Officer, or any other person
authorised by the police. When a child or young
person commits a minor offence, police are
encouraged to consider giving a verbal warning.
If the victim is satisfied and the young offender is
not considered to be a persistent offender, the
officer issues a warning on the spot and the
parents of the offender are advised in writing.
Reports are available which provide information
on 1,794 youth offenders from 16 areas (all dealt
with by Youth Aid), indicating that almost 50
percent of these are dealt with through verbal
warnings.24
Diversion Options
For more serious offences, or when it is
Youth Aid Officers are key actors in making police-level diver- determined that the young person needs to take
sion effective. Credit: Youth Aid New Zealand Police
more responsibility for what he/she has done,
diversion options may be used. This is generally
Arrest done through a specified plan, in some cases a
Under the 1989 Act, police retain the power of written contract between the Youth Aid Officer,
arrest when the arrest is required for specific the accused youth and his/her parents.
reasons. However, once the situation is under Essentially, the plan is any action that tries to
control police generally prefer to release the “put right” the damage done and prevent it from
young person into the care of their parents and happening again. It may include one or more of
look at other less serious options as appropriate. the following options:
The criminal justice system and the Youth and
Family Courts are only used as ‘last resorts’ after • Verbal or written apologies to victims;
other options, such as warnings, diversion, and • Repairing or paying for stolen or damaged
Family Group Conferences have been exhausted. property;

• Working directly for the victim or for a Conference is the start of more formal
community group; proceedings and can be called for in two ways:
• Making a donation to charity;
• Curfews; • From the Youth Court
• Restriction from associating with co-offenders Statistics show that 20 percent of youth
or other ‘bad influences’; offenders commit more than one offence. As
• Counselling for the offender to address some of these are serious and/or repeat
underlying causes of the offending behavior; offenders, they are channelled to the Youth
• Sport activities or increased hobbies to prevent Court. After appearing before the Youth
boredom that may lead to committing offences; Court, the Judge will order that a FGC be
• Improvement in school attendance and convened. The FGC will develop a plan to
homework; prevent repeat offending, will hold the young
• Writing an essay to shows that the offender person accountable for his/her offences, and
has understood what he/she has done wrong. will make recommendations on a range of
issues. These include bail conditions such as
Statistics show that under this programme 32 curfews, restriction of personal associations
percent of young offenders are diverted through and residential clauses often made by the
one or more of the options above. Of these, judge that can lead to arrest if not followed. If
providing an apology is the most common the young offender completes the plan, the
diversion option (65%), followed by work in the judge may reward him/her with a ‘discharge
community (33%), reparations (21%), attendance without conviction’. When a Youth Court judge
at a cultural, school or training programme is sentencing a young person they are required
(19%), curfews and other restrictions (11%), to take into consideration decisions,
donations (4%) and others (15%).25 recommendations, or plans that may have
been made or formulated by a Family Group
Family Group Conferences (FGC) Conference. The Family Group Conference can
A FGC is a meeting organised and conducted by thus have a significant influence on the course
a co-ordinator from the Child Youth and Family of action taken by judges in these cases, and
Courts. It involves the young person, their family, for youth who has not previously been before
the victims, the police, usually a Youth Aid the Youth Court this can mean a discharge
representative and other relevant individuals without conviction.
such as teachers. The young person is asked to • Directly from Youth Aid
admit to the charges and the conference members Statistics indicate that 8 percent of cases dealt
consider the offence. Then everyone works by Youth Aid Officers are diverted to FGC.
together to help the family put forward a plan to When a Youth Aid Officer receives a report of
prevent the youth from committing the offence an offence and believes that it is in the public
again, as well as to make restoration to the interest for the young offender to be
victims. These options are similar to those prosecuted, the officer will consult with a
imposed under the diversion options listed Youth Justice Co-ordinator. In a case where the
above, except in cases where the Youth Court co-ordinator believes the police have no other
is involved. appropriate diversion options available, a FGC
will be convened by the co-ordinator, and
In these situations, involving the Youth Court Youth Aid will represent the police. Family
could result in more serious conditions being members are allowed to present a plan that
imposed, such as supervision orders and would give the offender one more chance and
prohibition from driving. A Family Group keep them out of the Youth Court (this

principle is also stipulated in the Act). The The FGC system has reduced remands and
authorities should only disregard the plan if it summons appearances at Youth Courts.
is impractical, unreasonable, and inconsistent The warning and diversion process has
with the Act, and if so they should be prepared significantly reduced the numbers of young
to negotiate with the family to modify any people being processed through the formal
unsuitable aspects of the plan. In practice, very Youth Justice system. The FGC system allows all
few FGCs end in disagreement. For example, it parties, including the young person’s family, to
was reported that only 62 out of 1,465 FGCs provide input, and agreement by participating
ended without agreement in 1991. In case of a parties is required. Thus, the specialist Youth
disagreement, the police may commence Advocates process is not viewed as being
proceedings to have the matter heard in a adversarial, and as a result there are very few
Youth Court. hearings based on ‘not guilty’ pleas.
IMPACT 83 percent of the juveniles are diverted away

from the court system.
An impact assessment was conducted, called Of these, 75 percent of the juvenile cases are
Achieving Outcomes in Youth Justice26 which handled by the police alone. The remainder
focused on FGCs and included publication of is dealt with by way of FGCs and/or the Youth
several reports on the Youth Aid Project.27 The Court. Successful outcomes from police
assessment highlighted the following impacts: diversion have been observed.
The arrest rate of young offenders dropped The risk that a first time offender will commit a
dramatically after the implementation of the Act second offence is reduced. This is primarily
from 450 per month to 150 per month. because the family is empowered through
The fact that the Act has been accepted and used diversion to deal with the offender in a timely
by the police has clearly contributed to the manner. The young person is thus kept out of
reduction in the number offences committed by the formal youth justice system, reducing the
youth. likelihood of repeat offending.
Diversion options, FGCs and cautions were RESPONSIVENESS AND RELEVANCE

reported to have a greater impact on young
offenders than traditional methods. Youth Aid Officers are responsive to the needs of
Interventions that focus on getting tough with young offenders, as well as the need for
young offenders almost always fail (e.g. random accountability to the victims and the community.
curfews are not effective except if combined with They also assist parents who seek advice
appropriate rehabilitation services).28 Reports regarding the recent behaviour (or related
show, for instance, that FGCs appear to be problems) of their child after they have been
associated with reduced likelihood of repeat advised of their child’s behaviour. With more
offending because it deals with young people serious offences, the Youth Aid Officer has to
and their parents in ways that do not shame seek other ways to hold the offender
them or give them the message that they are accountable, if possible without resort to Youth
bad people. Consequently, 60 percent of youth Court. This may involve visits to the home of the
coming into contact with the law have only one offender, a check on their personal history,
FGC.29 However, it seems that the more FGCs obtaining the view of the victims, and
a young person has, the less effective they considering a set of factors related to the nature
become. of the offence and the attitude of the offender.

CASE STORY
Three youths, aged 14, 15 and 16, broke into a rugby club which was to be used for a wed-
ding the following day. The youths took some of the sound system as well as four crates of
wine set aside for the wedding table. Luckily, the offenders were located early on the follow-
ing morning and all property was recovered and returned just before the wedding was to
commence. However, the incident caused great distress to the bride’s parents and the bridal
party, and turned their wedding plans into chaos.
The three youths were all first-time offenders and the matter was dealt with by alternative
action. First, a meeting was held at the police station with all the officials of the wedding,
including the bride, groom, and the three accused boys and their parents. The youths were
given a full grilling on the problems they had caused and how they had nearly ruined a very
special day. The offenders then explained to all present how they became involved and
apologised to the victims. They also made commitments regarding where they wanted to be
in 3 years’ time.
They also signed a contractual agreement to:

• Provide a written apology;
• Undertake 20 hours of community work (painting a fence at a local school);
• Provide a $30 music voucher from each offender to the bride and groom; and
• Agree to be grounded unless in the company of parents and until all tasks were
completed.
In the end, all actions of the contract were completed and the victims were very happy with
the actions taken.
The police who exercise powers under this Act with at the lowest possible level, and should
must exhibit due regard for gender and ethnicity. emphasise restorative and rehabilitative responses
The Maori are over-represented in the Youth and accountability for actions in ways that are
Justice system, as are Pacific Island young offence-related. They should be done within time
people, in statistics on violent crimes. A serious frames that are related to the age of the child or
problem is the high proportion of young men young person and consideration should be taken
who do not have positive adult male role models of other relevant factors before determination of
in their lives and commit offences. the best options.
This project is fully in compliance with INNOVATIVENESS

international standards on juvenile justice - in
particular with Article 40(3b) of the CRC which This project is unique in the East Asia and the
indicates that state parties shall promote the Pacific region, and has also been viewed as a
establishment of diversion systems instead of model from other parts of the world. Family
going through the formal court system. This Group Conferencing, for instance, was initiated
principle has been incorporated into the 1989 in New Zealand in 1989 and since then several
Act, which states that offences should be dealt countries within and outside the region have

expressed great interest in replicating this Residential interventions are more costly and
approach. Thailand has already started require greater effort to succeed compared to
designing a pilot project based on the Family diversion and non-residential interventions. In
Group Conferencing model. only in a few instances, such as those involving
very serious crimes, institutionalisation may be
Diversion options and plans developed within necessary in order to protect the public. Custody
FGC require imagination, innovation and good on its own has no impact on rates of repeat
management skills - especially by the Youth Aid offending and can slightly increase it. While a
Officer - to ensure that young offenders are held diversionary response for a low risk offender has
accountable in a manner that is appropriate to been estimated to cost up to NZ$1,000 per young
the offence and contribute to reconciliation with person, the most expensive court-based process
the victim. It must also provide them with the has been estimated to cost over NZ$27,000.
opportunity to develop in a responsible,
beneficial and socially-acceptable way. LESSONS LEARNED
Assessment of risk factors in each individual

case contributes to more effective intervention.
Reactions to the Project The better these risks are addressed, the greater
the likelihood of successfully preventing further
• “To deal with young people, you offending. Because the police officers are often
need infinite patience, infinite wisdom familiar with the youths or children they are
and infinite experience.”30 dealing with, there is a risk that some of them
under-diagnose risk factors and assume they
• The majority of young people ‘know’ the case. Consideration could be given to
respond very well to the project the development of an assessment tool to aid in
interventions, and are involved in the assessing the needs of the young persons.31
decision-making process. The
agreement of the child is required in Positive outcomes require quality staff.
any diversion or FGC plan. Youth Aid Officers are key actors in making
diversion options successful. Police staff who
• A survey of the workload for Youth relate well to young people are able to establish
Aid Officers shows that despite an warm and friendly relationships, and yet also set
increase in work, 94 out of 101 Youth limits and enforce the rules.
Aid Officers consider the youth justice
provisions of the Act an improved Further discussion is needed regarding the
method for dealing with most young development of national standards for diversion.
offenders. The lack of national standards for decision-
making on diversion options may lead to
inconsistency. On the other hand, the current
situation is more flexible and allows more room
SUSTAINABILITY for taking family and community factors into
account.
The main cost of the Youth Aid Project is the
funding of police positions to carry out the Diversion and FGC can also be used for more
project activities. Other costs involved are office serious crimes.
expenses and use of vehicles to enable home The Act does not put any restriction on the use
visits and proactive work with the community. of diversion options, including using FGC for

more serious crimes, such as cases of abuse and authorisation to issue warnings beyond the
rape. The final decisions about whether to use police force, for instance to a teacher, coach or
the court system or not should be made on a grandparent.
case-by-case basis.
A first-time juvenile offender must be viewed
Co-ordination between Youth Aid Officers, Youth first and foremost as a young person in the
Justice Co-ordinators and other agencies is process of growing up and not a criminal.
essential. Experience has shown that many children and
All practitioners in the youth justice process
young people commit petty offences as a normal
must work together and should meet on a
part of growing up. This understanding should
regular basis to discuss cases and agree on
be reflected in our dealings with first-time
an appropriate course of action when an
offenders. However, this must be combined
intervention is required.
with interventions appropriate to the level of
the offence.
The Youth Aid Section benefits from the support of
the police force.32
An independent Advisory Group would be
It is reported that on-going education for police
beneficial to improving the Youth Offending
officers regarding the role of Youth Aid can be
Strategy.
helpful in strengthening recognition and
understanding within the police force as a whole. Establishment of an independent Advisory
Group would provide a forum for discussing
Family and other significant adults can have a great initiatives and developments in the Youth
impact on young offenders. Justice Sector for implementing the Youth
Efforts should be made to identify key support Offending Strategy. The Group could also
persons and significant adults in each case. provide feedback and advise on policy from the
Parents and community members can be very community and practitioners to senior
helpful to young persons in trouble with the law. government officials in the Youth Justice
In addition, warnings issued by adults significant Sector.33 The Group should include several key
to the juvenile can have a great impact. actors dealing with young offenders, such as
Consideration should be given to extending the social workers and police officers.
CASE STORY
“I was 14 years old when I sexually abused a young girl, mainly because I wanted to prove to
my peers that I was not gay. I was invited to go to the police for mediation. The girl’s family
expressed their anger; it was a very hard process for them and for me. We all cried very
much. I regretted it, and at the end of the mediation, I presented my apology to the family of
the victim, who accepted it. They did not want me to go to jail, but insisted I undergo a lot of
therapy.
“Several years have now passed, and I have done well in my life. I am in the Navy and am
happy. I am still very sorry about what I did and I will never do it again. Thanks to the youth
police officer, and to the victim’s family who gave me the chance to show that I could put
things right”.

CONTACT INFORMATION
Contact Person: Inspector Chris Graveson
Country: New Zealand
Name of Organisation: New Zealand Police
Address: Office of Commissioner of Police

180 Molesworth Street, Wellington
Telephone: +64 4 474 9499
Fax: +64 4 470 7140
Area of Work: Diversion (police level)
21 According to the 1989 Act on Children, Youth and Families, a ‘child’ is a boy or girl under the age of 14 years and a ‘young person’ is a boy or girl of or
over the age of 14 years but under 17 years of age at the time of the offence.
22 A History of Youth Justice in New Zealand, Emily Watt (commissioned by the Principal Youth Court Judge Becroft), New Zealand, January 2003.
23 Unfortunately, the 1989 Act still does not recognise a child as a person below the age of 18. All persons above 17 years can be prosecuted in adult
courts (Youth Courts are available only for youths between 14-16 years). However, it is worth mentioning that New Zealand is presently reviewing its
obligation to those aged 17 years of age.
24 Police Youth Diversion: Report to Youth Aid Officers, Institute of Criminology Research Team, December 2001.
25 Police Youth Diversion: Report to Youth Aid Officers, Institute of Criminology Research Team, December 2001.
26 The report is available at the Social Police website (www.msd.govt.nz) under “Publications” (as of July, 2003).
27 See also: Final Report: Police Youth Diversion, prepared for the New Zealand Police Ministry of Justice, by the Crime and Justice Research Centre,
Victoria University of Wellington through Victoria Link, New Zealand, January 2002; and Counties Manukau Youth Crime Trend Analysis 1994-2001, Alexa
Van Straaten, New Zealand, September 2002.
28 Tough is not Enough ‘Getting Smart about Youth Crime’, a research review on what works to reduce unlawful behaviour by young people, Ministry of
Youth Affairs, New Zealand, June 2000.
29 The Youth Justice Plan for Child Youth and Family, Department of Child Youth and Family, Wellington, April 2002.
30 Judge Lovegrove, a Wellington Youth Court Judge.
31 Youth Offending Strategy: Preventing and Reducing Offending and Re-offending by Children and Young People, Ministry of Social Development,
Wellington, New Zealand, April 2002.
32 Youth Justice in Focus: Conference Proceedings, Wellington, New Zealand, 1998.
33 “Court in the Act”, a newsletter co-ordinated by the Principal Youth Court Judge (Judge Becroft), Wellington, New Zealand, No.6, May 2003.

THE RESTORATIVE JUSTICE
PROGRAMME – Palau
The traditional systems of Palau appear to play an important role in the acceptance and success of a
new Restorative Justice Programme based on practices developed over thousands of years. The
Restorative Justice Programme has provided a means of reconciliation and healing for both the victim
and the accused, fostered problem resolution, settled disputes, and provided a degree of restoration
to victims of crime.
“I strongly believe that increased involvement by traditional leaders will benefit the criminal justice
process.” Minister of Justice Michael Rosenthal

Goal and Objectives
The Republic of Palau Goal
Palau is one of the countries known as Pacific To teach the skills of reconciliation,
Island Countries, and is governed by a national forgiveness and spirituality to all
government, and sixteen state governments. participants.
Each state has its own form of constitutional
Objectives
government that includes roles for traditional
• Promote respect for the law;
leaders. The national government has an
• Address the fundamental problems
executive, judicial and legislative branch.
leading to criminal activity which are
The President, Vice President, and twenty-five frequently not addressed through
members of the bicameral legislature are all the current justice system practices
popularly elected. of arresting criminals and punishing
offenders;
The Ministry of Justice • Provide a means of reconciliation
This is one of eight cabinet level ministries in the and healing for both the victim and the
executive branch, and contains the Office of the accused;
Attorney General, Bureau of Immigration and • Teach problem resolution;
the Bureau of Public Safety. The Ministry of • Settle disputes and address root
Justice is responsible for most law enforcement problems which cause criminal activity;
in the country, including investigating and • Satisfy and provide a degree of
prosecuting crimes and incarcerating prisoners. restoration to victims of crime;
• Reduce recidivism;
Palau Restorative Justice Programme • Encourage respect for the law and
This programme was established by the Ministry society by personalising the justice
of Justice without legislation as an alternative system processes;
to criminal prosecution. It has a separate office, a • Save time and money for the court
co-ordinator who is in charge of the overall and prosecutors by reducing the
number of cases that proceed to trial;
programme, two part-time mediators who assist
• Improve the educational, spiritual and
in running mediation conferences, and three
social conditions of offenders.
support staff.

PROJECT BACKGROUND form of sharing fish or other food, or providing
assistance to the victim and his/her family. In
In June 2001, the Ministry of Justice established determining the punishment for infractions, one
the Palau Restorative Justice Programme (PRJP) chief serves as a prosecutor and two other chiefs
as an alternative to criminal prosecution. The sit in judgement. Decisions are final and cannot
programme was established without legislation be appealed. While a fine is the most common
following a Pacific Conference on Juvenile result of a violation, punishments include loss
Justice held in May 2001, supported by UNICEF, of property, exile, and in the past even death. In
at which the concept of restorative justice was cases of murder, a male who murders another
presented. The Minister of Justice of Palau, male may be required to act as the son of the
Michael J. Rosenthal, attended the conference family who has lost their son. Even today the
and initiated the PRJP on his return with traditional system imposes punishments for
a specific but not exclusive focus on youth infractions of customary law.
offenders. The Programme has been modified
from time to time to best meet the needs of the A critical component of the traditional system is
persons served by the Programme. respect (Omengull). Youth are taught to respect
chiefs (Rubaks), as well as older women
In Palau, traditional practices and attitudes play (Mechas) and men. This type of respect is also
an important role in the acceptance and success taught through the Restorative Justice
of restorative justice activities. These traditional Programme. Judicial power is vested in the
customs have developed over thousands of Palau Supreme Court, which consists of a trial
years and continue on today. Villages are at the and appellate division. Criminal cases are
heart of the traditional Palauan social system. brought through information prepared by the
Each village has from seven to eleven ‘clans’, Office of the Attorney General, and some
ranked from the highest to the lowest. Each clan individuals accused of misdemeanours are given
has a chief, who is almost always male, and is criminal citations issued by police officers.
chosen by the women of the clan. Matrilineal Punishments range from a fine and several days
members have the most power in the use of land in jail to life imprisonment, but do not include
and the selection of the chiefs. The four highest the death penalty. Persons under 11 years of age
clans are considered the ‘corner posts’ of the are presumed incapable of committing a crime.
village. The chief of the highest-ranked clan Persons between 11 and 18 years of age may be
leads the village council of chiefs, which tried as an adult depending on the severity of
historically meets in a Bai, a traditional Palauan the crime and the maturity of the individual.
structure. The fundamental role of the council of The Palau Restorative Justice Programme (PRJP)
chiefs is to maintain harmony in the village with a is now providing an alternative to criminal
focus on showing respect for chiefs and elders. prosecution for many of these cases.
In the past this included bowing to chiefs and
stepping off a footpath to allow an oncoming PROJECT DESCRIPTION
chief or elder to pass.
Some general parameters have been set for the
The council of chiefs sets rules for each village types of cases that are referred to the Restorative
and if a person disobeys, that person and his/her Justice Programme. Cases that are usually not
entire family could be called upon to address the referred to the Programme include those
infraction. Sometimes fines are levied against involving a sexual offence or substantial
the chief or elder of the clan. Fines can be in the violence; cases where the offender has a felony
form of Palauan money but is most often in the conviction within the past three years; cases with

pending felony charges; and/or cases involving • Conferencing.
crimes without a victim. However, a case-by-case After the parties agree to participate in the
determination is made on each matter and programme, a conference is held at the
special consideration is given to youth offenders. Ministry of Justice with traditional leaders,
In cases channelled to the Restorative Justice family members and community
Programme, the following processes are representatives. The conference proceeds
employed: under the leadership of the Restorative Justice
Co-ordinator or one of the mediators. At the
• Parties agree to participate in the conference the offender must acknowledge the
Restorative Justice Programme. improper actions, accept responsibility, and
If a case appears appropriate for the the victim must have the opportunity to tell the
Programme, the victim and the offender are offender about the consequences of the
contacted independently to determine if they criminal act. All participants at the conference,
are willing to participate. More than 95 percent including the offender and the victim,
of the parties agree. Cases that are initially determine the appropriate terms to provide
determined not appropriate for the programme restoration for the victim and society.
• The terms of the written agreement.

The terms of the written agreement, which all
participants sign, specify actions that the
offender must complete within one year or
less. If community service is assigned the
person supervising the offender is requested
to advise the parties involved when the
offender completes the terms of the
agreement, or if he/she fails to complete them.
To date, there have been few cases in which
the offender has failed to perform the terms of
the agreement. During this part of the process
children have a chance to speak and be
involved in the juvenile justice process, as is
In Palau’s Restorative Justice Programme the offender and the
victim meet face-to-face with members of the community. provided by the Convention of the Rights of
the Child.
are sent to the Attorney General for • Consequences of compliance or

prosecution, but can later be referred to the non-compliance by the offender.
Restorative Justice Programme. This may If the offender fulfils the terms of the
happen, for example, in cases of domestic agreement, no criminal case is filed and the
violence, where the victim of the abuse offender does not receive a criminal record. If
expressly states that she or he is the offender fails to fulfil the terms of the
unwilling to go to court. Thus, cases that agreement, or commits another crime during
would otherwise have gone unrecognised by period of fulfilling the terms of the agreement,
the justice system get processed through the the case may be referred to the Office of the
PRJP. The PRJP provides an opportunity for Attorney General for prosecution. No
the accused and the victim to identify and statements or evidence obtained in the
acknowledge the abusive behaviour and to restorative justice process is used against the
address the problems associated with the abuse. accused in any subsequent prosecution.

• Making the victim “whole”. beneficiaries. While this is one measure of
Each Restorative Justice Programme success, it will take time to judge the ultimate
agreement requires that the offender complete impacts of the Programme. A database for
several actions. When there has been a loss to tracking cases has recently been established, in
the victim, the offender will be required to part, to assist in measuring the impacts of the
“make the victim whole” through payment of Programme.
restitution or replacement of damaged or
stolen items. The offender is often required to The Programme has been accepted by the court, the
give something back to the community. prosecutors and the community.
Instead of imposing a fine, which would be The Restorative Justice Programme has been
sent to the National Treasury, offenders make a accepted as a logical part of the justice system
contribution equivalent to a certain dollar by members of the Justice profession and by
amount in food or supplies to a group such as the community especially as it draws upon
the Senior Citizens or the Belau National many aspects of traditional systems for dispute
Hospital. resolution. If the Programme can teach people
problem resolution skills and lead to dispute
• Religious and behavioural health
settlement, the Programme will have significant
The majority of agreements also include a
long-term success in reducing criminal activity
religious and behavioural health component.
and improving the quality of life in Palau.
For example, as part of community service,
some youths attend church, though this is not
RESPONSIVENESS AND RELEVANCE
required. Some youths in the programme also
attend mandatory meetings on addiction
The restorative justice approach seems to fit very
(similar to the Alcoholics Anonymous
well with Palau culture. As Palau is a small
programme). The PRJP is not intended to be a
country, and many victims and offenders are
free ride, and sentences imposed by the Court
related through family and clan, healing wounds
are considered for comparison. However, it is
and resolving conflicts is critical. In the court
important that the members of the conference
system the accused may never speak and
have the latitude to decide the correct
restorative activities. instead has a hired or appointed advocate act on
his/her behalf. A basic precept of the PRJP is that
IMPACT the offender and the victim meet face to face
with members of the community to begin a
As the Palau Restorative Justice System was healing process. In the majority of cases, victims
initiated just one and a half years ago, the long- appear to genuinely forgive the offenders and let
term impacts cannot yet be assessed. However, go of their anger. Often agreements include a
there are already some positive results. religious and behaviour health component.
About 50 percent of all criminal cases have been The Palau Restorative Justice Programme fully
referred to the Restorative Justice Programme. complies with the CRC and all other relevant
More than 300 cases have been referred to the international instruments on juvenile justice
Palau Restorative Justice Programme during the including diversion and restorative justice. The
past one and one half years. Prior to the launch Programme also fulfils participatory rights of
of the Programme there were approximately 400 children – whether victims or offenders – who
criminal cases processed each year by the Office are always given an opportunity to express their
of the Attorney General. Offenders, victims, views and to be heard. The PRJP was
family members, participants and society are all established without national legislation.

A number of cases referred to the PRJP have includes the Ministry of Education, Ministry of
also involved women who had been assaulted or Health, Ministry of Community and Cultural
battered by males. Many of these women would Affairs, state and national youth affairs
have declined to pursue the matters if the cases organisations, and the Palau Supreme Court. It is
had proceeded through the normal criminal hoped that a process can be established
court process. Had it not been for the PRJP, these to follow youth involved in PRJP to ensure
matters would otherwise not have been continued support from the community and
resolved. government.
SUSTAINABILITY
Reactions to the Project
• “The [PRJP] has given me a second Unfortunately, the Programme has experienced
chance in life and I would like to thank constraints and is currently not operating at this
the Co-ordinator and the Minister of time. This is the result of three factors. First, the
Justice for letting me join the Palau National Congress enacted the Speedy
programme.” Trial Act which requires that individuals accused
of crimes be charged within thirty days of arrest.
• “I would like to express my sincere
This eliminates the time required to complete the
thanks for all these respected
Programme in cases of arrest. Second, there has
gentlemen who have joined in [the
been an increase in the types of crimes dealt
PRJP] to bring us this important
with by criminal citations, such as minor assault
moment of our life to learn to forgive
and battery. These were the types of cases that
and forget, and teach us and restore
were generally referred to the Restorative Justice
once again the friendship that parted
Programme. Lastly, the Restorative Justice
ways a long time ago.”
Co-ordinator has ended his employment with
• “I thank God almighty, for I feel I was the Ministry of Justice.
given a second chance in life, and
now, I will work to better myself for my Given the success of the Programme, options to
family and prove that I am a good overcome this problem are currently being
person and responsible citizen.” assessed, and it is hoped that necessary staff will
be put in place shortly. As mentioned above, the
reduction in cases sent to the Palau Supreme
INNOVATIVENESS Court reduces the costs of the Court and
prosecutors. With fewer inmates, the costs to run
Because the project has been established a prison can be reduced as well.
without legislation and builds upon customs and
traditions, it was implemented quickly. This has Because the Programme was established
also, for now, resulted in no external funding without legislation and is not codified in the law,
for the programme, and only minimal funds and it will require the commitment of people in the
resources have been diverted from other parts of community and the Executive Branch to ensure
the Ministry of Justice to run the project. its continuation. However, not being codified in
law also makes the Programme very flexible.
Criminal Justice issues are multi-dimensional. Thus, it may be possible to modify the Programme
Thus the PRJP has been co-ordinating with other in response to changes in the Justice system,
agencies involved in youth affairs and drug such as the enactment of the Speedy Trial Act
prevention to ensure a holistic approach. This and the increased use of citations.

CASE STORY
An individual was arrested for placing rocks in a neighbour’s vehicle gas tank. The
individual performed community service for a local church and has continued to attend
church every Sunday. The youth recently received final confirmation, graduated from High
School and will be attending the Palau Community College in the fall of 2003. She has had
no problems since. Below is the letter she wrote in regard to her participation in the PRJP.
October 16, 2002
To: Mr. Rosenthal Minister of Justice
First, I want to thank our Lord above for guiding me to the right choice of life.
Second, I’m glad this programme changed my life.
In past years, I did many bad choices and I didn’t think about going to church. I always
disobeyed my parents and thought that they were wrong and I was right. But on October
2nd 2002, the panel judges made me realise that I was making lots of bad choices for the
past years and my parents were right all along.
On October 2, 2002 in the conference room, I was angry and embarrassed at the same time.
But the panel judges touched my deepest heart. I was so sad that day, but that day I made
up my mind to do what they all had to say, and invite God to come in to my heart and guide
me to make the right choice. When I was in this programme, I was glad to learn many
things from the judges and the most important thing I learned from one of them is,
“Success in life is equal to success in school.”
Now, I have 96 hours to complete my community service. Maybe it will take longer time to
complete, because I’m an athletic person and I’m involving in many kinds of sports. So, I
will try to go to church on weekdays, but I’ll never miss the first mass on every Sunday.
Today, I’m a changed person. My friends keep questioning me about my new appearance of
life, especially my personality. I’m doing well in school, except my U.S. History class, but
I’m doing my best to catch up. I’m listening to my parents and I’m proud of myself. I’m glad
I’m making the ‘Right Choice’.
I want to thank you for coming up with a good programme for a people like me, when I was
a bad decision maker. I hope it will continue to help others who will make a bad choice.
Thank you again and a special thanks to the panel judges who were there to give me
special, important information and advice. Thank You! May the precious Lord above bless
us all and guide us in every path...
Love,
(Name Withheld)

LESSONS LEARNED Longer-term gains can be reached as the
Programme seeks to get to the root of the
Traditional customs play an important role in the problem.
acceptance and success of restorative justice. The Restorative Justice Programme allows
The reported success of the Restorative Justice the parties involved to address root causes,
Programme is partly due to the fact that it has deal with these issues and to reach a correct
built upon values, such as healing wounds, that restorative solution. This increases the likelihood
are inherent to the Palau society. that the situation will not recur in the future.
Consideration of the needs of the victim and the A competent and respected staff is necessary for
offender, as well as, of their families and the this type of programme.
community are critical to success. Respect (Omengull) is an important component
The Programme has focused on dealing not only of the Programme. It is necessary that the staff
with children in conflict with the law but also themselves be respected and be committed to
with the victim, the families and the community the outcomes.
as a whole. It is a learning and healing process
that necessarily involves all affected parties. This Back-up for staff should be considered.
should lie at the core of any replications of the It may be appropriate to utilise more than one
Programme. Children are also always given the individual to implement this kind of programme
right to voice their opinions and to provide input. and to plan for back-ups in order to ensure
sustainability and avoid delays in
implementation in case staff are unable to
continue their assignments.
Some situations cannot be resolved through this

Programme.
Not all cases can be resolved through the
Restorative Justice Programme. Some young
people are unwilling to participate in the
Programme and other persons fail to complete
the Programme. For now, those who do not
complete the Programme are referred to the
Office of the Attorney General for prosecution. If
more resources were available, the Programme
could work to follow up with these youth and
The Restorative Justice Programme takes into consideration
both the needs of the victim as well the offender. work to ensure successful resolution.
The process needs to remain flexible.

The added value of the Restorative Justice
Programme also lies in the fact that the project
allows for more flexibility than the Court and
prosecutors.

CONTACT INFORMATION
Contact Person: Michael J. Rosenthal, Minister of Justice

Republic of Palau Ministry of Justice
Country: Republic of Palau
Name of Organisation: Ministry of Justice
Address: P.O. Box 6067

Koror, Palau 96940
Telephone: +680 488 3198
Fax: +680 488 4567
Area of Work: Restorative Justice

COMMUNITY-BASED PROGRAMME
AND SERVICES FOR JUVENILES IN
CONFLICT WITH THE LAW – ALALAY
NG BAYAN FOUNDATION INC. (ABAY)
Quezon City, Philippines
ABAY is a unique, church-based initiative that endeavours to help juveniles in conflict with the law by
promoting restorative justice through community-based alternative programmes and services. It is
envisioned as a positive catalyst to restore broken personal and social relationships, and continuously
promotes the ideals of human development. ABAY acts as a steady anchor in the lives of young people
who are often in an environment of turmoil and indifference.
ABAY Partners
A church-based, multi-sectoral association, UNICEF Philippines; the Philippine National
organised by representatives from the UP Police – National Capital Regional Police Office
Church of the Risen Lord, Puno United Methodist (PNP-NCRPO); Family Courts; the Department of
Church and the Village United Methodist Church, Justice and the Judiciary; the Bureau of Jail
as well as members from other local Churches Management and Penology; the Department of
in Quezon City district in the Philippines. Social Welfare and Development; Churches;
Its purpose is to undertake comprehensive NGOs; and communities.
protection and integrated development
programmes for juveniles in conflict with the
law. The initiative covers the City of Quezon and
recently extended its coverage to Manila and
the 11 cities and 4 municipalities of the National
Capital Region. ABAY has eight staff members
and 200 volunteers.

non-institutional/community-based rehabilitative
programmes and services, Family Courts in the
Goal and Objectives
National Capital Region of the Philippines can
Goal now readily access these services in order to
• To help juveniles in conflict with the law effectively address the special needs of the
by promoting restorative justice through juveniles in conflict with the law. The
community-based alternative programmes and services provide support for
programmes and services. youth offenders from the moment of arrest/
Objectives pprehension, or issuance of a warrant of arrest/
• To support implementation of the summons, up to the time of his/her full
Rule on Juveniles in Conflict with the re-integration into the community as a
Law (JICL) by providing stakeholders of responsible and productive individual. In short,
the juvenile justice system with a wide the project covers not only the whole juvenile
range of community-based rehabilitative justice process, but goes beyond to address the
programmes and services. causes of many problems plaguing society.
• To work hand-in-hand with government
and non-governmental organisations The project attempts, as far as possible, to
in building the social infrastructure that adequately address the needs of the juveniles i
can support diversion programmes for conflict with the law throughout the rehabilitative
juveniles in conflict with the law. period - up to their full re-integration into the
• To provide information and education so community. As this project is implemented, it
that all the children in the country know
will eventually become a permanent feature in
and understand their right to diversion.
the social milieu of the community. The project
• To assist advocacy efforts aimed at
was originally introduced in Quezon City in the
encouraging the proper authorities to
latter half of 2002. In April 2003, the project was
provide separate detention cells for
extended to Manila and was further extended to
juveniles in conflict with the law from the
the 11 cities and 4 municipalities of the National
moment of initial contact up to the time
of transfer to the Department of Social Capital Region in May 2003.
Welfare and Development facilities.
• To work for the full integration of the PROJECT DESCRIPTION
project into the overall development
programs of the Local Government Units Key Activities
(LGUs) in the country.
Implementing Diversion Programs for Juveniles
in Conflict with the Law.
In the Philippines, diversion of juveniles can be
PROJECT BACKGROUND initiated at three levels, namely through the
Barangay34; by the police35; or at Family Court
The Community-Based Programmes and level (see flowchart over). To date, ABAY has
Services for Juveniles in Conflict with the Law, only received referrals from the Family Court,
and specifically the diversion programmes, were primarily because the Rule on Juveniles in
created in 2002. The project grew out of a Conflict with the Law is intended for the Family
national policy articulated by the Supreme Court Courts. The ABAY project is still in the process of
in the Rule on Juveniles in Conflict with the Law. building the social infrastructure to support
The projects use a holistic strategy that is diversion at the police and Barangay levels in
focused on putting into action and making reality various communities. Many stakeholders in the
of the intent of the new Supreme Court Rule. Juvenile Justice system are still acquiring basic
Through establishment of a wide range of knowledge and understanding of diversion

Diversion Flow Chart for Juveniles in Conflict with the Law
There are 3 stages in the Juvenile

Justice Administration where diver-
sion programmes can be initiated
A) Barangay
Initial Contact
B) Police
C) Family Court
A) Barangay (B)
Tanod (BSDO) Police (PNP)
Barangay Police
State Prosecutor
Restorative Justice Restorative Justice
(DOJ)
Advocates Advocates
Family / Family / (C)

Community RJA Community RJA Family Court
Family Court
Family Court
Diversion
Processing
Communities
Family / Guilty DWSD

Acquittal – Family T-Center Suspended
Community RJA
Sentence

procedures through training and seminars groups may include professionals, businessmen,
conducted by ABAY. church members, schools, media, national
government agencies, Barangays, youth groups
ABAY applies diversion approaches for disputes and families. The formation of a cohesive
of a non-serious nature, as the law dictates that community is a continuing activity and challenge
diversion is possible only in cases where the in the process of development. This is a
maximum penalty for an offence by a juvenile component of the programme that involves
is imprisonment of not more than 6 months.36 tremendous effort and manpower resources.
Offences committed by diverted juveniles thus
include, petty-theft, vagrancy, substance abuse,
violation of city ordinances etc. Helping these
juveniles is the immediate objective of the
diversion programme under the Rule of
Juveniles in Conflict with the Law.
As soon as the Family Court Diversion

Committee completes conferencing, and the
proceedings are signed by all parties (the
juvenile, guardians/parents and complainants),
the Family Court social worker refers the juvenile
to ABAY for community-based rehabilitative
services (the Family Court provides ABAY with a
ABAY Volunteers, April 2002 in Quezon City,
copy of the document signed by all the parties). the Philippines
ABAY immediately conducts a home visit and
orients the juvenile and his/her family regarding Problems Encountered
the programme to be provided by ABAY for the
juvenile. These services include: ABAY has faced some difficulties in implementing
diversion for juveniles in conflict with the law at
• Legal/para-legal assistance; the Quezon City Family Court. Specifically:
• Educational assistance (formal and non-formal
• Frequent delays in processing diversion cases
education);
due to busy schedules of prosecution and
• Health care;
defence lawyers as well as difficulty to
• Counselling (individual and family);
simultaneously convene all other relevant
• Support for moral and spiritual development;
parties (victim, offender, parents/guardians) for
• Livelihood and entrepreneurial support;
court proceedings.
• Job-referral and placement;
• Social life skills and character formation; and • Some defence lawyers do not ‘value’ cases
• Recreation and leisure. that could qualify for diversion and are
therefore not interested to accept such cases,
Building the Community Social Infrastructure to which often tend to deal with petty offenders.
Support Diversion. • While in general receptive, the Family Courts’
Diversion as an alternative to incarceration or Diversion Committees are still in a learning
institutionalisation through community-based mode in relation to implementation of diversion.
programmes and services requires the formation
of support groups involving individuals, groups • Local NGOs and local government units
and institutions within the community. These (LGUs) are not well-informed about diversion

approaches, and therefore are not able to • Negative attitudes among community
establish community-based programmes and institutions such as schools, Barangays, and
services that support implementation of neighbourhoods against juveniles that have
diversion practices. LGUs are also generally been in conflict with the law poses an extra
not prepared to support diversion programmes challenge to the implementation of diversion.
due to lack of understanding regarding The idea of restorative justice is also very new,
diversion. Local and national leaders are more and due to lack of understanding of restorative
focused on politics than on novel solutions to justice, organisations and entities have
social ills plaguing the country. problems putting the idea into practice.
Community Continuum
Families of
Juveniles in
Conflict
with the Law Community
Philippines
National Police Social
(PNP) Workers
(DSWD)
National Schools &

Government Educational
Agencies (NGA’s) Institutions
Barangay Council
Civil Society
Organisations The Church
Press / Business &

The Media Professional
Groups
Youth
In the Barangay all the various Restorative Justice Resource Centres converge to form one social structure,
complementing each other in implementing a Comprehensive Protection and Integrated Development
Programme for Juveniles in Conflict with the Law (JICL).

IMPACT The number of youth offenders being held at
Molave Youth Home has been reduced.
No impact assessment has been undertaken as At the start of the diversion programme in
this project is relatively young. However, some Quezon City, the number of youth detainees was
effects resulting from ABAY’s diversion as high as 180, but has gone down to the current
programme can already be seen. Diversion is level of 145. Thus, more children are being
being implemented in many Family Courts in released from Molave Youth Home of Quezon
Quezon City, Manila and some other cities and City due to diversion approaches. It is projected
municipalities in the National Capital Region of that in the National Capital Region, the diversion
Manila. Furthermore, diversion at police-level is programme, if implemented and promoted
being implemented in many police stations in vigorously, could prevent more than 500 juvenile
Metro Quezon City District, Manila and in other cases yearly from entering into the formal justice
police stations all over the National Capital system due to diversion.
Region. Multi-sectoral training in these areas
conducted in 2002-2003 is believed to have The ABAY re-integration programme provided
contributed to the wider implementation of services in the cases of over 50 children.
diversion for juvenile offenders. Of these, 22 were provided with formal
education, and 28 with non-formal education. All
Other positive effects of the programme include: underwent individual and family counselling and
received health care assistance. In addition, 11
Interest shown in public schools. parents were referred for job placement since
Public school administrators and principals have the beginning of the programme.
shown significant interest in the diversion
programme and are now developing their own In Quezon City 18 police station officers
special education programmes for this sector of participated in the police training in April 2002
the student community. and another 78 police officers participated in the
September 2002 training.
Business and professional groups are positively In Manila, 18 police Women & Children’s Desk
responding to this new programme, Officers participated in a three-day, multi-
incorporating the principle of restorative justice. sectoral training course, conducted in April 2003.
In the entire National Capital Region, shopping Other pillars of the criminal justice system also
mall owners are discussing ways to handle participated. The training was focused on
juvenile shoplifters in accordance with the Rule juvenile and restorative justice and diversion.
on Juveniles in Conflict with the Law, with Both training were organised by ABAY and
diversion approaches in mind. They are supported by UNICEF Philippines.
formulating specific interventions in coordination
with police and community social workers. RESPONSIVENESS AND RELEVANCE
ABAY arouses the academic community. This project is in compliance with international
The project has aroused the interest of the standards on children in conflict with the law, as
academic community from Quezon City and outlined in the Convention on the Rights of the
other parts of the country. ABAY has become Child and the JDL’s Rules 79-80. International
a resource for academic research activities. standards have also been incorporated into the
Diversion has been the subject of masters and Philippines national standards, that promote
doctoral theses and researchers have requested reparation, reconciliation and reassurance
material and information about diversion and through preventive measures and appropriate
the experiences of ABAY with this new project. sanctions at the community level. The ABAY

programme supports enforcement of the the juveniles are also asked to provide feedback
Philippine’s Rule of Juveniles in Conflict with the on the programmes and services offered, as well
Law (2002), that provides for diversion in minor as on the juveniles’ rehabilitation and
cases37. These include a provision, which aims development during the diversion period.
to ensure that juveniles in conflict with the law
are spared traumatic experiences during arrest, This project also responds to the needs of the
investigation and detention in the hands of the Family Court as diversion cases reduce the
police. ABAY, together with the community backlog of cases, leaving the Family Courts to
volunteers, tries to prevent the police from concentrate on more serious cases, since petty
committing abuses, harassment, intimidation, offences which qualify for diversion no longer
extortion, illegal detention and other unlawful require court trials. Through ABAY the Family
acts as enumerated in the new Rule. Below are Court is assured of an after-care rehabilitation
more specific examples. programme for diverted juveniles in conflict
with the law through support groups within the
In principle every child, boy or girl, can be community, and social workers no longer need
referred to ABAY by the Family Courts and be to formulate separate diversion programmes for
provided alternative services as listed above. each juvenile in conflict with the law. Monitoring
However, to date, only boys have been sent to of juvenile cases is also done by ABAY through
ABAY. This is mainly because 90 percent of regular monthly monitoring reports, a function
juvenile cases reported are committed by boys, previously assigned to court social workers.
and only 10 percent by girls.
The project is not gender discriminating. It Reactions to the Project

responds to all kinds of cases involving either • To children in conflict with the law
gender. In terms of ethnicity, the project respects ABAY allows them to have a second
customs and traditions, especially in the area of chance in life.
restorative justice where indigenous ethnic
• To the staff and volunteers, ABAY is
practices are abundantly manifest: the Barangay
perceived as an agent of change in the
Justice System is indigenous in origin and its
individual, family and community lives
features are restorative in character.
of people.
The services offered to assist children to
• To the Family Court, ABAY is
re-integrate into the society are in compliance
considered a welcome assistant and
with a child’s right to participate and express
service provider of rehabilitation and
their views. Children’s views are respected and
after-care services for juveniles and
considered to be of paramount importance.
their families.
Demonstrating respect is in itself important for
the child’s personal rehabilitation and
• In the community, ABAY is
development. Children provide feedback
considered a strong educational,
regarding programmes and services made
unifying agent that arouses civic
available to them during a monthly monitoring
consciousness and engenders
report. The juvenile is asked by the judge to
interconnectedness among community
discuss the kind of services he/she has received
members. To church members, who
and to make comments about these
operate ABAY, the diversion
programmes and their effects. In this way, the
programme for juveniles in conflict
juvenile participates in the proper
with the law is a novel avenue for
implementation of the programmes and
undertaking outreach activities for
services, to ensure they are acceptable and
youths, families, and communities.
beneficial to his/her well being. The parents of

INNOVATIVENESS Police Office (NCRPO), making the police
part-owner and implementers of diversion
The project is innovative in that it was initiated programmes at the police level. To achieve this
by an NGO but in response to a national policy goal, ABAY conducts capacity-building sessions
issued by the Supreme Court. While the policy is with the police all over NCRPO. The police have
articulated in the Rule on Juveniles in Conflict made diversion a community-based approach to
with the Law, a non-governmental organisation peace and order problems in the community.
developed the project concept for its
implementation, without waiting for the Regular feedback is provided by ABAY to the
government to come up with guidelines. As a Committee on the Revision on the Rules of
result of this unusual situation, ABAY was able to Court (of the national Supreme Court). These
offer the Department of Social Welfare and reports aim to help the committee evaluate the
Development a project concept for national programme’s impact in order to consider future
implementation. In this aspect the project is developments related to diversion. This could
trend-setting and a pioneering initiative in the eventually lead to some improvement or revision
country. of the Rule on Juveniles in Conflict with the Law.
The humane approach of the project is unique in

the criminal justice system, which is typically
retributive. This innovative approach to
implementing the Rule on Juveniles in Conflict
with the Law is a welcome development in the
search for an effective strategy to promote a
holistic juvenile justice programme.
The ABAY project, the first of its kind in the

Philippines and in Southeast Asia, is unique as a
church-based, multi-sectoral association of
volunteers offering programmes and services to
juveniles in conflict with the law. The volunteers’ Children acting the National Anthem at the launching of the
ABAY Programme in Quezon City, Philippines April 2002.
dedication, competency, tenacity and respect are Credit: ABAY Foundation
well-recognised by all the pillars of justice,
especially the courts and civil society. ABAY has initiated dialogues and meetings with
different sectors of the community, informing
The programme has initiated a unique working them about diversion, with the ultimate purpose
relationship with the Family Court Diversion of establishing diversion activities in their
Committees by offering various community- communities. Through this process, community
based programmes and services in lieu of members are encouraged to assist with the
institutionalisation. ABAY representatives attend rehabilitation of juveniles in conflict with the law
regular Diversion Committee meetings and in their communities, and not simply rely on
Family Court judges’ monthly meetings. ABAY is government interventions or institutional care
the only NGO that provides services directly to provided by the government or NGOs.
individuals involved with the Family Courts.
The project is participatory in practice, involving
ABAY has entered into a Memorandum of all stakeholders of the criminal justice system,
Agreement with the National Capital Regional especially the community pillars in which the

burden of rehabilitation and re-integration of the However, ABAY has to struggle with financial
juveniles in conflict with the law rests. As a constraints to support the many services needed
consequence of this programme, civic that are not available within the community. The
consciousness, mutual concern, co-operation, size of this project mainly depends on availability
and interconnectedness among community of funds. US$ 100 per year for each child is
members is fostered - conditions which are needed to support a comprehensive programme
considered indicators of peace and development. over a period of at least 5 years (2004-2009).
During the initial phase, UNICEF has assisted
SUSTAINABILITY through sponsoring activities such as training
of the pillars of justice and other implementers
The project design is cost-efficient because of diversion programmes in the community.
ABAY does not have to maintain a residential UNICEF has also provided educational supplies
centre for the rehabilitation of juveniles in to juveniles in the diversion programme.
conflict with the law. Residential centres are
expensive to maintain. In contrast, the home The ultimate strategy for sustainability is the
and the community are the normal environment for integration of this programme into each city’s
the growth and development of a child whether development plans. At present, ABAY is a
he/she is in conflict with the law or not. ABAY member of the Quezon City Development
recognises the international standards Council. Hopefully, within the next two years, the
concluding that institutionalisation should be the diversion programme will be adapted by the city.
last resort in the rehabilitation of juveniles in In Manila, ABAY is being asked to draft a city
conflict with the law. ordinance creating a Comprehensive Protection
CASE STORY
Pogi, a 17 year old high school drop-out living in the slum areas of Quezon City, was arrested
for illegal possession of a deadly weapon, which he claimed he was carrying for a friend. After
being brought to the police station, a criminal charge was brought against him by Barangay
officials. He was put in jail with adults whose cases ranged from drug dealing to arson.
During the three weeks of incarceration Pogi said the adult inmates beat him and gave him
“tasks” to do. When Pogi’s mother found him after one week and tried to provide bail, she
was told to “keep the money so the boy would learn his lesson”. Pogi was transferred after
three weeks to the Molave Youth Detention Center, a prison facility for minors. Inmates at
Molave are educated through an in-house public school and engage in activities supported
and organised by several NGOs.
Prior to his first hearing, the Barangay official who filed the cased dropped it on the
recommendation of the Diversion Committee of Quezon City Regional Trail Court. Two
months after the initial arrest, Pogi was released and put under the care of the ABAY
programme, which reintegrated him into society. He was given support to return to his
family, deal with his prison experience, learn new skills, and focus on education.
Pogi feels that the stay in the detention centre and his experience with ABAY have made
him a better person. Since his release he has helped his mother with household chores, and
is now selling sliced pineapple at a market in Quezon City. He no longer hangs out with his
old friends, and is learning to play the guitar with the support of ABAY. His sister, who was
unable to afford college, is now attending with support from ABAY, and Pogi says he now
also has school to look forward to. Pogi is a good example of how ABAY can provide
opportunities for juvenile offenders to have a new lease on life.

and Development Programme for juveniles in Increased resource mobilisation is needed in
conflict with the law. In the meantime, in other order to expand the caseload capacity and reach
cities and municipalities, the groundwork for of ABAY.
such efforts are still being worked out with the ABAY cannot afford to increase the number of
various political interests. Consequently, the cases it receives under the current conditions. To
need for external funding assistance is necessary do otherwise could undermine the sustainability
to sustain the programme and to establish it of the project. Thus, ABAY should strengthen its
more firmly. Within the next five years, ABAY own internal resources in order to sustain this
will have to struggle to make this programme project, and solicit external funding support.
acceptable to the various political interests
within the prevailing political atmosphere. A broad-based coalition is important for an
effective response to juvenile offenders.
LESSONS LEARNED Everyone has a role to play in supporting,
improving and expanding community-based
Promotion of dialogue among the key pillars of initiatives for children in conflict with the law.
justice through training and workshops has Concerted efforts must be undertaken with all
resulted in greater unity in promoting the ‘best stakeholders to improve community life in
interests’ of the child. general as well as ensuring the availability of
The training workshops have created an increase important basic services and services specific to
in co-operation and understanding of the best reintegration of juvenile offenders.
interest of the child. However, despite progress,
it is clear that continuous efforts to train
stakeholders are still very much needed in order
to eliminate undesirable prejudicial practices
relating to juveniles in conflict with the law.
A community-based reintegration programme

can contribute to a reduction in societal bias and
animosity towards juvenile offenders.
Interaction with other community-level actors
promoted a greater understanding for the
humane features of diversion. In spite of
progress being made, there is still a need to
address prejudice against and improve
understanding of children in conflict with the law
among the stakeholders of the Juvenile Justice
Administration, as well as the community at
large.
Institutionalisation of the programme requires a

massive information/education campaign.
In order to sustain and further develop the
diversion programme, there is a need to inform
the public about the Rule on Juveniles in Conflict
with the Law, and promote diversion and
restorative justice at the national and local levels.

CONTACT INFORMATION
Contact Person: Johnny Miranda, President
Country: Philippines (Quezon City)
Name of Organisation: Alalay Ng Bayan Foundation, Inc. (ABAY)
Address: UP – Church of the Risen Lord UP Campus

Dliman, Quezon City, Philippines
E-mail: crl@sfi.com.ph & [email protected]
Telephone: +63 2 928 7674
Fax: +63 2 920 4502
Area of Work: Diversion Programmes
34 The Barangay refers to a local judicial administrative unit and is the result of a long tradition of settling disputes and conflicts among members of
Filipino communities. The Barangay Justice System has been institutionalised and is still functioning.
35 According to ABAY, the police could begin using diversion approaches sometime in 2003. Training is still needed in order to make sure that the
concepts of diversion and restorative justice for juveniles are well understood.
36 Section 20 of the Rule on Juveniles in Conflict with the Law, 2002.
37 Section 20 of the Rule on Juveniles in Conflict with the Law, 2002.

Picture: FREELAVA

4
REHABILITATION AND
REINTEGRATION

BALAY PASILUNGAN PROJECT
OF FREELAVA – CEBU CITY,
PHILIPPINES
The Balay Pasilungan programme is a processing centre for released youth offenders that provides
temporary shelter and a continuing rehabilitation programme to support their return to normal life.
The programme offers various youth development activities prior to reintegration with families and
mainstream society. It is the first project of its kind in the Philippines, founded in Cebu City in 1996. It
is run by an NGO catering mainly to male former young offenders in a homelike environment.
FREELAVA - The Free Economic The Cebu City Task Force on Street
Education, Legal Assistance of Children (CCTFSC)
Volunteers Association Inc.
An umbrella organisation operating in Cebu City
A non-profit organisation established in 1983 in with a membership of 22 government and
Cebu City, Philippines, FREELAVA is an umbrella non-government organisations, managing both
organisation of community-based organisations, community and center-based programmes
government organisations, and academic and and services. Balay Pasilungan maintains close
civil minded individuals. Through FREELAVA collaboration and networks with many of these
these groups pool their resources to achieve a organisations, including the Public Attorney’s
common mission. The organisation’s coverage Office, Prosecutors Office, various Courts,
is limited to the province of Cebu, including the Department of Social Welfare, Integrated Bar of
cities of Cebu, Mandaue, Lapulapu, Danao and the Philippines, Barangay Councils for the
Toledo. FREELAVA supports three major projects: Protection of Children, the Parole and Probation
free legal assistance; rehabilitation of offend Office as well as many academic institutions and
ers; and prevention and diversion programmes non-governmental institutions.
for offenders. Together these projects cover 22
Barangay. At present, the projects are run by 28
staff members, 150 community volunteers, 100
education programmes volunteers, 50 peer
volunteers and 22 area coordinators.

The Project was initiated out of concern for the
Goal and Objectives lack of community support for released youth
offenders. It was observed that a significant and
Goal
widespread segment of society continues to
• To reduce the number of repeat
hold the view that children and youths who have
youth offenders.
experienced prison life are undesirable elements
Objectives of society, despite the degree of modernisation
• To provide basic residential care and that has been achieved in the Philippines. A
continuous rehabilitation services to released youth offender is usually subject to
youth offenders. criticism and ridicule in the community. Even
• To enhance the capacity of these worse, he/she automatically becomes the prime
children to cope with the trauma and suspect in any case of misconduct and crime that
negative impact of incarceration and may occur in the community.
stigmatisation.
• To provide these children with The stigma of being an ex-offender is usually
activities that are geared toward their attached to him/her in whatever he/she does and
development, commensurate with wherever he/she goes, hindering any attempt at
their capacities and interests. possible self-development and other worthy
• To provide a venue for children to endeavours. The chances of living a normal life
reflect on their lives and their futures. are more or less denied to him/her. This situation
• To re-establish the relationship sometimes influences the ex-offender child to
between society and these children become involved again in illegal activities that
after the children’s release from prison may result in him/her going back to jail or even
or from diversion programmes. committing more serious offences.
• To help society understand the
situation of these children and prepare The centre’s capacity is normally limited to 30
society to accept these children youth offenders, though it currently provides
through family intervention and shelter and assistance to 36 children.
community education.
• To assist these children to reintegrate
into the community through
PROJECT DESCRIPTION
re-establishing their relationship with
society, building their self-capacity and
Key Parameters
preparing them to face the possible
Balay Pasilungan primarily serves boys who tend
consequences as an ex-offender after
to come from the major jails of Cebu City and
their release from prison.
Cebu Province. A judge permits the boys to stay
at the centre either because of suspended
PROJECT BACKGROUND sentences or through the centre’s application of
release on recognisance (for cases in which the
The Balay Pasilungan Project was established in court trial is ongoing and the centre accepts
1996 as a home (temporary shelter) for released responsibility to present the youth in all court
youth offenders of Cebu and services to support hearings). Sometimes the community-based
their reintegration into society. The initiative was diversion programme of FREELAVA and Task
supported by Attorney Valenzona who was a Force on Street Children of Cebu City also refer
member of the FREELAVA Board of Directors at children to the centre.
the time.

The criteria of selection of the clients of Balay Programmes and Services Offered
Pasilungan are: The activities proposed to youth offenders vary
• boys 18 years of age or younger; and depending on the phase of the child’s case and
• a released first offender from any of the major are implemented gradually. The general objective
jail facilities of Cebu. is to provide a continuing rehabilitation
programme in the centre as the children return
Priority is given to those who qualify under to normal life through various child/youth
these criteria and are willing to be admitted in development activities prior to reintegration into
the centre. In some exceptional cases the centre the mainstream of society. The different phases,
agrees to also consider applications from other approaches and activities available for youth
children, such as second-time offenders; girls offenders in relation to their goals are as follow:
offenders (14 cases so far); and ‘walk-in’ clients
who are not offenders.38 Phase 1: Pre-admission activities
(while still in prison)
Minors stay in the centre while their cases are
pending in court or while serving suspended Objective:
sentences up to a maximum of six months. To identify qualified minors and prepare them for
However, services may be continued depending admittance to the centre.
on the readiness of the child and the family. For
example, it was reported that some children Activities:
had to continue with the programme for more • Jail visitation;
than the maximum six months. Children who • Case follow-up;
stayed in the centre longer include children • Rehabilitation: The Jail Coordinator conducts
whose court hearings are pending due to rehabilitation activities, such as group
the relatively slow judicial process in the discussions and value formation activities, in
Philippines or children whose parents/families jail in order to observe the behaviour of the
are incapable of providing support during boys and gather information to determine
reintegration. which boys are qualified to be transferred to
the centre;
Offered programmes will be terminated if the • Information dissemination; and
child has served his/her suspended sentence • Family/community orientation and counselling:
and shows behaviour that qualifies them to The Jail Coordinator contacts the offender’s
be integrated to the family and community or family to ask for permission to provide
if the child exhibits inappropriate behaviour orientation for the centre programmes and
that would be risky for the safety of the other services, and facilitates their support to the
children. To date, only three clients have fallen child who is to be admitted to the centre. If a
under the latter category. In these cases, it is the child has no parents or guardians the Jail
procedure of the centre to report to the court Coordinator seeks advice from the Department
the observations of the rehabilitation team via of Social Welfare.
the social worker. It is then up to the court to
revoke the order of suspension. The court may Phase 2: From admission to preparation
have the child serve his/her sentence in a penal for social reintegration (1st – 4th month)
institution or other options that the court may
find appropriate. In most of these cases, the Objective:
court pronounces judgment and has the children To provide rehabilitation activities that allow
serve their sentence in a penal institution. the child to recover emotional strength, build

capacity to restore social functioning, and usually conducted twice a year; and
possibly achieve a change in values and • Health education: including information
behaviour. sharing about adolescent sexuality; seminars
on personal hygiene, safety and first aid; and
Activities: techniques to quit smoking.
• Counselling sessions: conducted by the social
workers, psychologists and centre Phase 3: Rehabilitation Programmes
administrators to assist the minor to (5th – 6th month)
understand and accept the reality of the
situation and facilitate his/her decision making; Objective:
• Psychosocial testing, analysis and treatment in To provide rehabilitation activities that allow the
order to identify minor behaviour that will child to recover his/her emotional strength, build
become the basis for individual therapy and capacity to restore social functioning.
intervention. Priority is given to those who are
in need of psychosocial treatment, close Activities:
supervision and management; • Preparation for school programmes;
• Medical testing and management; • Enrolment in formal/non-formal education
• Case handling and management: social courses;
workers support the minor by representing • Skills training (such as basic photography,
him/her in court during court hearings and by silkscreen printing, basic furniture and house
submitting reports to the court about the painting, wielding and machine shop, cooking
child’s behaviour in the Centre. They also and culinary arts, tailoring, high speed sewing,
gather information about the minor through refrigeration, car repair, food processing and
interviews, counselling and home visitations. preservation, and basic electronics);
Based on the information gathered the • Job seeking/hiring support system
problems and needs of the child are analysed (assistance provided by social workers);
and the appropriate intervention designed; • Career assessment programme;
• Values formation seminars: the rehabilitation • Family reintegration;
team conducts individual and group • Referral to other institutions for long-term
counselling; guided group interactions; assistance programmes; and
reflection sessions; workshops; behavioural • Follow-up care and communication.
monitoring; structured learning experiences;
community shows; community service; and Phase 3: Self-supporting programmes
the ‘Kool Adventure Camp’. They also facilitate (5th – 6th month)
spiritual activities based on local traditions in
order for the clients to learn some positive Objective:
values and appreciate the value of life; To provide self-supporting activities that can
• Social and cultural programs such as ‘videoke’, be used by the minor as a resource for income
family day and family interaction, summer generation even after his/her stay in the centre.
camps, centre visits, historical field trips,
Christmas conventions, formation of modern Activities:
and cultural dance groups, and interactions • Preparation for school programmes;
with students and organisations; • Enrolment in formal/non-formal education
• Sports (based on the choice of the child and courses;
available resources); • Skills training (such as tailoring, sewing,
• Drug education/awareness and treatment, candle making, basic agriculture, basic

electrical technology, automotive repair, basic • Job seeking/hiring support system (assistance
electronics, refrigeration and air-conditioning, provided by social workers);
computer literacy, culinary arts and cooking, • Career assessment programme;
plumbing, silk screening, painting, cooking, • Family reintegration;
and backyard gardening). These skills assist • Referral to other institutions for long-term
the child/youth in developing self-esteem and assistance programmes; and
affirming that he/she can do something; • Follow-up care and communication.
ORGANISATIONAL STRUCTURE OF BALAY PASILUNGAN PROJECT
Board Of Trustees of Freelava, Inc.
Executive Director
Finance
Centre Administrator
Cashier Bookkeeper
Social Homelife Administrative

Services Services
Psychologist 2 House 3 House
Social Cook Volunteers
Jail
Rehab. Officer
Skills
Training
Coordinator/
Tutor

IMPACT 66 children received skills training and a
capability-building programme.
Since the creation of this centre the FREELAVA Of these, most completed the training
staff have collected information (including successfully. The skills were personally chosen
compilation of case studies) and data on children by the children during consultation, and in fact,
who have received the services of the the children presented themselves to the staff to
programme, and the staff continue to monitor be included in the programme. According to the
carefully all cases. Interviews with staff39 and children, they believe that these courses will give
review of donor reports40 highlight the following them the advantage over others in finding jobs
impacts: after their stay at Balay Pasilungan.
Reduction in the number of youth offenders

being held in detention centres.
Since 1997 more than 700 children have been
referred to FREELAVA and received rehabilitation
and re-integration services. Since the beginning
of the programme, 507 children in conflict with
the law have been admitted to the centre and
benefited from its programmes and services.
Reduction in the number of children living away

from their families by over 200 since 1996, due
to reintegration into their families.
The centre has helped in the reintegration of 201
children with their families since the creation of
this programme. Some other children
(generally 13-15 years of age) were also referred Values formation and sport programmes proved
to non-custodial institutions for long-term to be successful in many ways.
assistance. As a result of the enrolment in this programme,
children’s respect for others increased, Filipino
Over 81 children were provided with formal values were restored, relationships with family
education and 152 with non-formal education members improved and social skills were
(from August 2000 to the end of enhanced. Reports indicated that as a result of
December 2002). the spiritual enhancement programme, children
FREELAVA’s staff helped children re-enrol in have increased their self-esteem and confidence,
public schools (located nearby the centre) during learned how to appreciate people and have
their stay at the centre. It has been observed that improved their social skills.
these children have responded positively, and
in fact most of them received average marks for The health programme enabled the centre to
their academic performance. At present four identify individuals with health problems, in
children from the centre are also successful particular those having developed problems
trainees at the Cebu State College of Science, while detained.
Arts and Trade, enrolled in vocational courses. For example, coughs and skin infections were
Even those who have returned home after detected through this programme. Findings
the end of the programme are reported to have indicated that while previous chronic sniffing
continued to go to school. FREELAVA’s of volatile substances may explain coughs, skin
volunteers are still monitoring them. disorders may have resulted from time spent in
jail centres.

CASE STORY
‘John’ was only 16 years old when he was admitted to Balay Pasilungan in 1998. He is the
eldest son of Florencia who lives in a reclaimed area in Cebu City. John is an illegitimate
child and has never seen his father. When he was 10 years old, his mother moved in with
another man to whom she bore 3 children; 2 girls and 1 boy. John’s stepfather works at the
pier as a labourer. His mother stays at home and occasionally accepts laundry work. The
family house is very small and made of scrap materials that John’s stepfather gathered from
the pier.
Despite the meagre income of the family, John’s mother has managed to send him to school
and take care of him. According to John, his mother cared for him and loved him the best
she could. However, when he started high school he met some friends that had a bad
influence on him. John says he got bored at home since his mother was too busy taking care
of her other children and because most of his needs were no longer met. The family ate
barely twice a day and there were times that they had nothing to eat at all. With his friends,
he could eat, drink liquor and use drugs. The only way John and his friends knew how to
purchase these things was by stealing. By then John had stopped school and rarely went
home. John defined himself as a very bad person and a disgrace to his mother and his
family. Then, in December of 1998, John and his friends were arrested for allegedly robbing
a store.
According to John, his arrest was a blessing in disguise. When he reflects on that fateful
incident, he feels that he was better off than his friends. Some of his friends have been shot
by the police for no apparent reason while others are now inside maximum security prisons.
John considers himself fortunate because from detention he was transferred to Balay
Pasilungan to continue rehabilitation. John found out that his stay at Balay Pasilungan was a
very worthwhile experience. At the centre he saw a brighter and better side of life.
In Balay Pasilungan he says he was able to find a conducive atmosphere that supported him
in his decision to change for the better. He was able to find himself and explore his potential
as a result of the warm support offered him by the staff. His values were strengthened and
he was able to plan for his future by way of finishing his studies. In fact, John has received
many awards for his active participation in various extra-curricular activities in school -
achievements which made the staff of Balay Pasilungan very proud.
In March 2001, John was returned to his family after finding that he was ready to go home
and his family was ready and able to accept him. John is currently a second year college
student studying for a bachelor degree in criminology at one of the Universities of Cebu
City. His dream is to become a policeman in order to help street children. He is also active in
many community projects, advocating for the rights of children. John hopes that his story
will serve as an inspiration to other children.

RESPONSIVENESS AND NGO partners for further rehabilitation/
RELEVANCE re-integration and temporary care.
This project is in line with international standards Activities offered seek to respect the right of
relating to children in conflict with the law, children to participate and express their views.
especially articles 12(1); 37; and 40(4) of the CRC Children are given the opportunity to provide
and JDL’s Rules 79-80. International standards feedback regarding programmes, activities and
have also been incorporated into national services through a questionnaire that they are
standards in the Philippines, including invited to fill out. As far as possible, staff take
Presidential Decree 603 and Republic Act 7610. into account the feedback provided by children
in order to make appropriate changes to the
Through the project children are given a chance programme. Furthermore, opportunities have
to restore the damage caused in non-custodial also been given to some children in the centre
settings. In line with international standards, the to share their views - not only with other
centre aims to put an end to the use of punitive children, but also with representatives of
approaches and custody of children. The government, local organisations and the
environment in which children are placed community. Between August and December
encourages them to respect others and not 2002, for example, some of the children in the
use violence against others. In a few rare instances programme were invited to participate in
children have had to be taken out of the activities organised with FREELAVA’s partners.
programme because they were considered a risk This included: a national workshop on street
to others. However, separate facilities and children and juvenile justice; the National
services for children awaiting their sentences Children and Youth People’s Forum; and the
and those sentenced are not yet in place due to Cebu City Summit on Children.
lack of staff and funds.
SUSTAINABILITY
At present the Balay Pasilungan Centre does not
respond to girl offenders, although some legal While financial needs are relatively limited,
assistance has been provided. The decision to external funding is necessary to maintain the
focus primarily on boys was made based on the delivery of the programmes and services. Less
results of a study conducted which indicated that than US$100,000 was required to sustain the
a child in conflict with the law in the Philippines three-year programme from 1997-2000. Terres
is generally a male between the ages of 14 and des Hommes and Caltex provided the
17. In Cebu City, the population of male necessary funds for the whole operation of the
offenders is much greater than females. In one Centre and the skills training. UNICEF Manila
year, for instance, there may be between 200-250 has also assisted in providing equipment (such
male offenders committed to the city jail as as computers) and sponsoring integrated
compared with only 20-25 female offenders. The activities such as the ‘Kool Adventure Camp’
design of the programme was also a result of and vocational training programmes.
brainstorming sessions, discussions and
consultations between and among the staff of The project is fully funded until 2003, and
the centre. It can be noted that when a girl project proposals have been drafted for the
offender is released from prison, if there is no next phase and are ready to be sent to possible
chance for her to go back to her family, she is donors. It is expected that the next phase will
automatically referred to the Department of be funded again by Terres des Hommes of the
Social Welfare and Development or placed with Netherlands. The possibility of

one-of-a-kind project include:
Reactions to the project • A home-like facility. It is part of the design of
the project that the structure or building
• “I’ve found hope in the Centre.” should have the appearance and features of a
[statement from a child] typical Filipino house;
• A home-like atmosphere. The staff assume the
• “We treat our children with respect titles and responsibilities of parents and kin.
in considering their needs and Staffs are called Nanay (mother), Tatay (father),
encouraging them to strengthen their as well as “uncle” and “aunt”;
relationships with their families. Every • A neighbourhood setting. The facility is
child is treated with humanity and purposely situated in the community where
respect by the staff and peers in a constant interaction of children in the
manner which takes into account his neighbourhood and the society is ensured.
needs. This is in line with CRC Art.37c. Children can go out to attend school, hear
They are not labelled as criminals mass regularly and participate in community
but as children in need of assistance. activities;
The centre encourages family visits • An open facility. The children can go out of the
on a daily basis and as a result, centre. They are allowed to accept visitors
relationships between parent-child everyday and go on home visitation if their
have been strengthened.” [statement parents are unable to pay them a visit; and
from a staff member] • A rights-based approach. The United Nations’
Convention on the Rights of Child and the
• “We thought at first that who we
Child and Youth Welfare Code of the
have as neighbours are criminals, but
Philippines serves as the guiding principles of
when we learned about the centre’s
the project.
objectives, we wanted to involve
ourselves in helping the children.”
This model has already inspired interest from
[statement from a neighbour/
several countries in the region. Following visits
community member]
by representatives from these countries several
mentioned their interest in replicating the
‘institutionalising’ the project with government programme.
funds is also being discussed among the
members of the board. FREELAVA is also hoping LESSONS LEARNED
that another funding agency located in Germany
will offer support for setting up a permanent Open dialogue with representatives of the
home for the project. community can result in a shift to more
supportive, child-friendly attitudes towards
INNOVATIVENESS children in conflict with the law.
The dialogues and consultations with members
This project is the first of its kind in the of the communities and schools, initiated by
Philippines run by an NGO catering to male Balay Pasilungan to address the negative
former young offenders. The project is also attitudes towards children who have experienced
unique in the sense that the concept of the Balay prison life, proved to have some positive affects.
Pasilungan programme was to establish a home They also encouraged the children from the
atmosphere, “a home before home”. Using this centre to participate in activities held in schools
approach, the following features of this and communities. With these strategies and

activities the children are gradually able to of the rehabilitation programme.
gain the support and the understanding of the Sports activities can provide an opportunity for
community. the children to regain confidence, self-esteem
and improve their camaraderie and
Most children are resilient, and able to go on sportsmanship. Screening of carefully-selected
with their life upon being released from the films is a good activity which can help reinforce
centre. learning.
The centre provides support and hope for
these children. At the same time, the staff The adventure camp proved to be a worthwhile
explain to them that the services provided are activity for the children.
temporary. This understanding is necessary, The camp helps children to feel more inspired
otherwise their reintegration into the society and allows them to share their experiences and
may be difficult. views with their peers. Adventure camping is an
activity where children have to undergo a series
Psychological testing, counselling and of obstacles and problems-solving challenges in
therapy have been very helpful for children order to pass and become a certified adventure
who had suffered from abuse and violence. camper.
It is reported that between 30 and 40 percent
of the children brought to the centre have
suffered from abuse (mostly physical)
or violence at home prior to committing
crimes. The health education programme
was very useful in detecting cases of abused
children and providing appropriate services
to them. In most of the cases, as a result of
this programme, the children became more
involved socially.
Children who are violent towards other

children in the centre need to be referred to
another centre.
The security of other children must not be The FREELAVA Peer Facilitator programme at work. Credit: FREELAVA
jeopardised. Maintaining a violent child at the
Discrimination against children in conflict with
centre can also be harmful to the child who
the law at school is far from eliminated, and
exhibits violent behaviour.
advocacy for behaviour change is still needed.
The centre must continue its advocacy in schools
Community service is one way of establishing
to encourage school staff and school principals
rapport with neighbours near the centre.
to adopt positive attitudes toward children
Community service undertaken by the
in conflict with the law, and foster their full
children at the centre proved to be a way
inclusion into the school system.
of showing people that despite of their past
experiences, the children still have the chance
Skills training programmes should be offered
of changing their behaviour for the better if
in-house.
given the right opportunity.
Many children under the responsibility of the
centre need phased programmes for integration.
Recreational activities are an important part
Some may commit petty crimes again when on

their own without supervision. This has occurred productive activity with supervision and would
when children are on their way to training support an improved rate of completion. At the
programmes located outside the centre. In-house moment, only about 50 percent of the trainees
training programmes provide the opportunity for complete this programme.
CONTACT INFORMATION
Contact: Tony C. Auditor,

Executive Director, FREELAVA
Country: Philippines (Cebu City)
Name of Organisation: FREELAVA
Address: 899 C. Caimito Street

Brgy. Basak, San Nicolas
Cebu City, Philippines 6000
Telephone: +63 2 262 1796 & 254 7739
Fax: +63 2 254 7739
Area of Work: Rehabilitation and reintegration programmes
38 Social workers normally refer these children to other agencies/institutions that cater more appropriately to their needs.
39 Interviews with Mr. Antony C. Auditor, Mr. Gerry Jacalan and other staff.
40 See especially Progress Report Aug-Dec 2002 on the Balay Pasinlungan Project, submitted to ‘Terre des Hommes’ (Netherlands), prepared by
FREELAVA, Cebu City, Philippines, January 2003.

Picture: Restorative Justice Programme, Palau

CHALLENGES AND LESSONS
LEARNED
A number of innovative initiatives focused on promoting juvenile justice have been featured in this
document. Various pilot projects for diversion and restorative justice models for child offenders are
beginning to show some results. When it is necessary that children/young people become involved in
the formal justice system child-sensitive procedures and appropriate legal representation are proving
to be beneficial.
However, there are still many challenges facing juvenile justice systems in the region to bring them
in line with international standards that support the rights of the child. It is hoped that the sharing
of experience through the projects presented in this document will inform continued efforts towards
improving systems of justice for children. In this context, the following key challenges and lessons
learned have been identified, especially for promoting ‘detention as the last resort’.
Using diversion not only reduces the number of dialogue, whenever possible, between victims
children deprived of their liberty, but also and offenders also appears to be a promising
decreases the rate of repeat offending by young approach to juvenile justice.
people.
Early and/or inappropriate involvement of youth Laws and policies that recognise child-sensitive
in the criminal justice system has been procedures and diversion for juveniles are
recognised globally to have long-lasting negative important.
impacts on them, as well as on society. Initiatives Good laws are needed for effective diversionary
in the region have reinforced this fact with a and restorative justice practices for young
demonstrated reduction in repeat offending. offenders. While informal diversion is still
With child-sensitive procedures and proper possible in the absence of laws, advocacy for
support, young offenders can change their a child sensitive juvenile justice system and
behaviour and become contributing members of support for its implementation is more effective
society. if the legal basis for diversion exists. However, it
has also been noted that having good laws is not
Greater impact is likely to result from enough. Awareness raising and training is crucial
non-custodial interventions, which have also to ensure that individuals and institutions that
proven to be less costly. come in contact with children in conflict with the
Juveniles who have benefited from programmes law make use of established juvenile justice
based on constructive, community-based and practices. Lack of understanding for the gains of
restorative responses rather than punishment restorative justice and diversion can render good
and retribution are more likely to accept laws obsolete.
responsibility for their actions and understand
the impact of their actions on others. However, Multi-sectoral training on juvenile justice helps
this process is useful only if parents, civil society to strengthen collaboration and co-ordination
and others assist them, and at the same time among the key pillars of justice including civil
empower them to take responsibility for their society.
own behaviour. Encouraging meetings and Multi-sectoral training of the key pillars of

justice, initiated to raise awareness and of poverty and/or family dysfunction to coping
strengthen skills, has also proven to promote with peer pressure in relation to risk-taking
an increased collaboration between the various such as minor theft and substance abuse.
actors and stakeholders in juvenile justice. The Interventions need to be holistic to achieve
different actors need to be aware of the roles maximum and sustainable impacts. They must
and responsibilities of each other in relation to recognise the root causes of a child’s criminal
juveniles in conflict with the law. A broad-based behaviour and identify appropriate services to
coalition involving the judicial, law enforcement help the young person address the problems.
branches and the community is key for effective Services needed may include support for basic
responses to juveniles in conflict with the law. education and skill training, employment, drug
Public-private sector partnerships can also be rehabilitation and family counselling.
important to increase the number of services
available to young offenders. Prejudice and discriminatory attitudes towards
young offenders are deep-rooted and need to be
The support of police officers is fundamental to addressed.
the success of diversionary practices. Despite training and awareness raising, negative
Police officers are often the first point of contact attitudes toward young offenders persist. They
for juvenile offenders. Decisions made at this continue to be regarded as ‘bad boys and girls’
‘lower-level’ of law enforcement are often critical and treated accordingly by government officials,
in determining whether a child/young person members of society and school systems. Greater
will be diverted away from or channeled into efforts are needed to explain to the public the
the formal justice system. In order to ensure underlying causes of inappropriate juvenile
that front-line police make decisions that are behaviour, promote responses which involve
in the best interest of the child, they need to communities and civic groups, and strengthen
be equipped with awareness of international commitment to children’s rights articulated in
standards related to child rights, knowledge of the CRC and other international agreements.
national policy on juveniles in conflict with the Community-based diversion and reintegration
law, and an understanding of the wide range programmes have helped to build bridges and
of issues that relate to juvenile delinquency. reduce animosity towards the young offenders,
Screening and quality control of staff is also especially through community service activities
important to avoid further victimisation of and open dialogue.
children. It has been noted that diversionary
practices are more successful when police Children and young people need to be consulted
officers involved can relate easily to young in juvenile justice programmes.
people and know how to be fair and respectful, The right of children to be heard is reflected in a
while at the same time, able to set limits and number of projects presented in this document.
enforce rules. Their views can be sought, for instance,
in the development of individual plans for
Effective interventions must address the rehabilitation and reintegration. Former young
multiple root causes of a young person’s offenders also participate in some projects as
criminal behaviour. peer educators and seem to be particularly
Experience has shown that most young people effective in reaching out to children in conflict
who come into conflict with the law are with the law. However, more efforts are needed
struggling with multiple social and economic to involve and consult with young people in
issues in their homes and/or communities. These the overall design and development of juvenile
issues range from being on the streets as a result justice initiatives.

More strategic interventions are needed to deal stages of judicial proceedings, especially during
with young offenders who are repeat offenders police custody and detention. Special efforts are
and/or commit more serious crimes. needed to promote gender-sensitive procedures
Increased attention is needed to develop in advocacy and programming activities.
effective strategies and models for appropriate
procedures for young offenders who commit Monitoring systems are needed to evaluate and
more serious crimes. There are indications that assess the impact of pilot initiatives in juvenile
restorative justice can also be used in cases justice and to support advocacy for legislative
where more serious crimes are committed reforms.
by young people if interventions are well-designed Comprehensive systems for monitoring the
and implemented early. It is, however, situation of juveniles who come in contact with
recognised that for a small group of child the law are limited or non-existent in the region.
offenders diversion from detention may not be Information is collected by various key actors
possible, especially if they are determined to be in the enforcement of justice for juveniles, such
a danger to themselves and others. Juvenile as police stations, detention centres, courts and
justice systems that recognise diversion and targeted juvenile justice projects supporting
restorative justice for young offenders must also diversion and restorative practices. However,
ensure that child-sensitive procedures are this information is often not accessible and/
applied in all cases. or not assessed inter-relationally in view of
the situation as a whole. In order to ensure a
Increased attention is needed to address the successful, cost-effective response to juveniles
specific needs of girl offenders. in conflict with the law in line with international
Because girls do not represent the majority of standards on child rights, a more comprehensive
youth in contact with the law, the programming approach is needed to monitor the situation, to
process does not always recognise their specific evaluate and improve the impact of diversionary
issues and they are often left out when piloting approaches, and to advise policy change as
diversion initiatives. It should be kept in mind required.
that girls are especially at risk of abuse at all

United Nations Children’s Fund
East Asia and Pacific Regional Office 19
Phra Athit Road
Bangkok 10200, Thailand
Tel: 66 (0) 2356 9425 [email protected]

Fax: 66 (0) 2280 3563/4 www.unicef.org

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JUSTICE FOR CHILDREN:

DETENTION AS A LAST RESORT

For every child

UNICEF East Asia Palau

2 JUSTICE FOR CHILDREN

CHAPTER 1 – THE LEGAL FRAMEWORK FOR CHILDREN ............................ 9

CHAPTER 2 – LEGAL ASSISTANCE FOR CHILDREN ..................................... 21

Court Appointed Special Advocates/Guardians Ad Litem: CASA/GAL Volunteers – Philippines ....... 32

CHAPTER 3 – DIVERSION AND RESTORATIVE JUSTICE ............................. 43

Police ‘Youth Aid Diversion’ Project – New Zealand .............................................................................. 54

The Restorative Justice Programme – Palau .......................................................................................... 66

Community-Based Programme And Services For Juveniles In Conﬂict With

CHAPTER 4 – REHABILITATION AND RE-INTEGRATION PROGRAMME .... 87

CONCLUSION: CHALLENGES AND LESSONS LEARNED ............................101

JUSTICE FOR CHILDREN 3

It is estimated that over 1 million children worldwide

80 percent of children will only commit one offence in

50 to 70 percent of crimes are committed by about

It is estimated that there is an 80 percent likelihood

4 JUSTICE FOR CHILDREN

• Fully safeguarding children’s rights, including

• Aligning national legislative and judicial

JUSTICE FOR CHILDREN 5

Deprivation of liberty refers to placement of a child in any kind of establishment from

6 JUSTICE FOR CHILDREN

1 A World Fit for Children, para. 44.

JUSTICE FOR CHILDREN 7

8 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 9

KEY ACTORS AND PARTNERS

10 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 11

Key Activities In the implementation of the Act, a number of

12 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 13

Child victim Child witness Alleged accused

Assistance from social

Statement made with

Same procedures applied

Testimony given via

14 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 15

16 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 17

Contact: Mr. Trakul Vinitnaiyapak,

Name of Organisation: Ofﬁce of The Attorney General

Address: Ratchadapisek Road

Telephone: +66 2 222 8121

Fax: +66 2 221 0858

Area of Work: Legal Protection

18 JUSTICE FOR CHILDREN

20 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 21

KEY ACTORS AND PARTNERS

Bar Association of Cambodia, UNICEF Cambodia

22 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 23

24 JUSTICE FOR CHILDREN

JUSTICE FOR CHILDREN 25