The Independent (Banjul)
David Thoronka
9 December 2005
Banjul — The purpose and function of child activist and advocates is to ensure that children's right and welfare are protected and maintained. They serve as pressure groups to call for the upliftment and upholding of the standard of living condition of children. This latter role transcends every barrier and surround circumstances of children both free and restricted.
Children's advocates strive to maintain the dignity and prestige afforded to children by nature. Every human being is born free and has the right to the basic fundamentals of life. Whenever a child's right is violated, restricted or abused, child advocates scream at the top of their voices to correct and end the ills. They run helter-skelter to see that the authorities concerned does what they suppose to do.
The United Nations Charter on the Rights and Welfare of Children strongly condemns the ill treatment of children and calls on all to respect children's right. However, this call is difficult to adhere to especially in a society that is riddled by poverty, Hiv/Aids, under-development and all the other odds associated with the third world countries. The children who are not under any restriction from authorities, sometimes finds it very hard to uphold their fundamental human rights. Taking into consideration the supra enunciated reasons.
So, if children who are in the eyes of society are very difficult to protect then what will be the position of those in seclusion? These children are expected to be humanely treated and kept in a decent environment.
The treatment and handling of child offenders are prescribed or provided for in the Children's Act of 2005. Sections 215 to 228 of the Act, lays down the criminal procedure to follow in dealing with children who are accused of committing an offence. Sections 213, 229, 230 and 270 indicated that the children court has the jurisdiction to hear and determine all criminal charges brought against a child. To the contrary, children who are jointly charged with an adult in an offence are exceptions to this rule likewise children charged with treason.
Meanwhile the act went on to recommend a conducive atmosphere where children can be tried. The process should be as informal as possible. It should be in a form of enquiry rather than exposing the child to adversarial legal courtroom procedures. It provides that children should be tried in camera or in some instances through video links. Only the parties to the case should be present. These are parents or guardian of the child, a probative officer, social worker or anybody the court might be in need as Section 72 of the Act stipulates. Moreover, the identity of the child is of utmost importance.
The laws relating to children are not meant for punishment; rather they are geared towards reforming, rehabilitating and re-orientating children.
However, what seems difficult to comprehend by child's right advocates and activist is that since the inception of the Children's Act in 2005, which also brought into being the special children court's, no case has been heard. It seems as if everything is at a stand still. We all know that it is illegal to hold some one in custody indefinitely without trial.
This is exactly what is happening to the considerable number of children who are held in the young peoples vulnerable centres. Some of these children are victims while others are accused of committing crimes. Up still now the accused children have not been brought to children's court to be given fair hearing according to the rule of natural justice. Our laws demand that you bring a person before a court of sufficient authority to be tried for an offence he/she has been accused of within seventy-two hours or let him/her go. But this is not the case.
This situation begs to ask the question, which has always being asked. Is there no machinery to make the children's court operational or are there no resources to promote this laudable course? Child's advocates are saying that the authorities should take into consideration this matter and see how best these children can get a faster trial.
A brilliant idea can only become useful when it's turn into action.
Likewise a law becomes a law when it is applied or enforced. This is because there is no need to promulgate a law that will lie dormant or inactive. We are very hopeful to see a children's court start operating soon.
The purpose for a speedy children's court is not far fetched for numbers of reasons. It has widely held that there is an upsurge of criminality amongst the children's population in our midst. If the court is not in place then all the number of accused children would not have trial.
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