THE involvement of families and the community is essential to
ensure that children in conflict with the law do not re-offend
after they are released from correctional institutions, a senior
official with a UN committee said in Yangon last week.
“Some children re-offend because they are rejected by
their families and society,” said Professor Jaap Doek, the
chairperson of the Geneva-based UN Committee on the Rights of
the Child.
“It
is really important to help children to get back into society
and reintegrated into their families,” Professor Doek told
Myanmar Times on the sidelines of a workshop on juvenile justice
and child protection at the Sedona Hotel on July 12 and 13.
The workshop was organised by the Supreme Court and the United
Nations Children’s Fund.
Professor Doek said most children in conflict with the law were
first-time offenders who had committed petty crimes.
Professor Doek said socio-economic conditions, a child’s
character, inadequate parental attention and care and a lack of
emotional support from parents and teachers were the main causes
of juvenile delinquency.
He said research by the committee had shown that long terms
in correctional institutions were not an appropriate response
to children who committed serious crimes. Professor Doek said
there should be more alternatives to imprisonment for children,
including non-custodial sentences and community-based programs.
He said correctional institutions should provide education and
vocational training to young offenders so help them build better
lives after they are released.
The number of children in custody should be kept as low as possible
and there was also a need to speed up investigations and court
cases, he said.
Ms Carroll Long, the UNICEF resident representative, said in
an opening address at the workshop that one million children were
in detention worldwide and most had committed petty crimes or
were awaiting trial, sometimes for extended periods.
Ms Long said most children in conflict with the law have a history
of abuse, including violence at home and at school, sexual exploitation,
drug addiction and poverty.
“They need care and support such as drug rehabilitation
and family counselling, rather than punishment in a criminal justice
system designed for adults,” she said.
Myanmar enacted a Child Law in 1993, two years after it became
a signatory to the UN Convention on the Rights of the Child.
The Child Law sets the age of criminal responsibility at seven.
It also states that a child under 12 who can prove no understanding
of the consequences of an offence shall be acquitted.
U Htin Zaw, a director of the Supreme Court, told the workshop
that special juvenile courts had been established in Yangon and
Mandalay.
U Htin Zaw said all juveniles found guilty of criminal offences
other than those for which the maximum penalty is death or life
imprisonment may be placed on probation of discharged conditionally
or absolutely.
A child who commits an offence that carries the death penalty
will be sentenced to up to seven years in jail, he said.
U Htin Zaw said 1386 young offenders appeared before the courts
in 2003, of whom five received jail terms, 143 were fined and
159 were discharged or acquitted.
The rest received warnings, were entrusted to the care of parents
or guardians or sent to training centres, he said.
The Department of Social Welfare runs eight training centres
that provide education, vocational training, counselling and reintegration
programs for children in need of special protection, including
those who have broken the law.
The department’s deputy director, U Sein Win, said the
programs include meetings at the centres with parents or guardians
to make it easier for children to reintegrate in society after
they are released.