Malawi Child Justice System Program

Content Introduction Objectives Background Project description Planning Organization Costs, revenues and funding Reporting & Control Risks and measures

Introduction Byounique is a Dutch-Malawian social enterprise specializing in

personal development projects in a wide number of settings for young people in conflict with the law.

This document describes the resocialization project that Byounique executes in Mikuyu Young Offenders Prison, to help prepare the young people in this institution to re-integrate into society.

Byounique executes this project because it has been proofed that resocialization programs help in reducing the chances on recidivism.

Our project serves both the boys and their families and the community as the boys after their release will use their unique qualities to contribute to society in a positive way.

The resocialization project is part of Byouniques’ larger program in Malawi aimed at creating a truly restorative and rehabilitative Child Justice System.

Objectives 2012 Execution of a resocialization project for boys in Mikuyu Young

Offenders Prison.

Delivery of a feasibility study on a broader Resocialization Program for the boys at Mikuyu, including vocational skills training, internships, job opportunities, entrepreneurship and self-sustainability.

Delivery of a detailed implementation plan for the Resocialization Program.

Identification of Practical Improvements needed in Mikuyu.

Delivery of an implementation plan for these Practical Improvements.

Awareness building in the community on the Child Justice System.

Our activities

Background: MALAWI By signing and ratifying several international human

rights documents, the Malawian government has committed itself to the promotion and protection of child’s rights.

In the Constitution of the Republic of Malawi, the government aspires to advance Child Justice and Penal Reform, wanting to adopt a restorative and rehabilitative approach to child justice.

In July 2010, the Malawian government has accepted the Child (Care, Protection and Justice) Bill, aiming to increase the Care and Protection for children and young persons in Malawi.

The challenge in Malawi is to make sure that what is set out in formal laws and policies is actually implemented.

Background: U.N. Convention All children and young persons in conflict with the law in

Malawi should be treated by the guidelines set out in the UN Convention on the Rights of the Child. In article 37, the Convention states on children in conflict with the law:a) No child shall be subjected to torture or other cruel, inhuman or degrading

treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Background: NGO’s Several local NGO’s are

helping to improve the Child Justice System.

Examples are Eye of the Child, YONECO and CCC Trust, who works directly in the Young Offenders Prisons.

None of them focuses merely on the Child Justice System.

By doing this, Byounique serves as an umbrella organization on Child Justice.

Background: Young Offenders Prisons

Young offenders in Malawi are detained in poor conditions and efforts to prepare them for re-integrating in society on release are limited: Young Offenders Prisons are overcrowded and facilities are not

able to serve these number of boys. There is a lack of food, water, hygiene, medical support and

legal support. The sentences of the boys are long and often the boys are

imprisoned without any sentence (they are on remand). There is no working evaluation system to judge if a boy has

changed and could qualify for probation or release. There is hardly any contact with the families. Boys do not know

if they are welcomed home, families are not prepared for the return of a boy.

There is no possibility for the boys to prepare themselves for life after imprisonment. The necessities like education, skills training or support at re-integration are lacking.

Poor conditions

Project Description: Resocialization Project

Byounique offers a resocialization project to the boys in Mikuyu, to help them re-integrate successfully into the community.

The project start about 6 months before the boys are released and includes a follow up for at least 6 months.

Our trained team of social workers offers: Individual counselling on a weekly basis; Group counselling; Family counselling; Community counselling; Specific support at finding a place to live, job or education; Follow up care

Counselling

Project Description: Resocialization Project

Our trained team of social workers also offers:

Civic education to all boys at Mikuyu every 3 months

Civic education to the staff at Mikuyu every 3 months

Open office to new boys and boys on remand Small practical improvements Contacts with other partners like PASI

Improvements & Civic Education

Project Description:Resocialization Program

• The feasibility of a Resocialization Program will be studied by mapping the needs, the strengths and weaknesses of:• the boys, their families, the community and the government

• Various fields will be covered in the study, like:• education, • training, • living, • internships, • work projects• earning- and savings projects,• legal procedures

• Together with NGO’s, Governmental Departments, Companies and other local stakeholders, Byounique will make a detailed Implementation Plan, including the costs and timelines to implement the Resocialization Program.

Project Description:Practical Improvements

• Practical improvements in Mikuyu will be mapped by:• Interviewing boys, social workers, wards, directors, and NGO’s to

get a good idea of the most useful and necessary improvements in the prisons.

• Asking quotations of local or international (building) companies and suppliers for the realization and maintenance of the proposed improvements

• Together with international and local organizations and companies, Byounique will make a detailed Implementation Plan including the costs and timelines to realize and maintain the improvements.

Project Description:Awareness building

• Awareness building activities will be carried out in 2 areas:1. Activities related to the resocialisation project and the implementation

plans2. Fundraising activities

• The community and responsible professionals will be informed on the situation in the Young Offenders Prisons; the Reformatory Centres and of the Child Justice System;

• The community and the professionals are invited to take responsibility to create necessary improvements by donations, volunteer work or supporting the work of Byounique in petitions or other advocacy activities;

• The community and the professionals will be informed on the positive results following the improvements, for the boys and the community, both socially and economically.

Planning: subprojects

Organization

Team Malawi & Netherlands

Costs, Revenues and Funding Non-financing:

(Cash Out) Expenditures: Fixed assets

Computers, phones, Operating expenses

Salaries, office, transport, communication, specialists, unforeseen Fundraising activities

(Cash In) Revenues Training of other NGOs, sales, office Fundraising revenues

(Balance) Net Cash Flow Financing

In cash In kind

Reporting & Control According to international standards, a minimum of 75% of

the money donated is spent immediately on project-activities.

A maximum of 25% is spent on fundraising-activities. According to international standards, Byounique offers full

disclosure. Quarterly financial reports will be published on the internet.

The program manager reports on a monthly and quarterly basis to the Board of Trustees and head of Finance & Control (F&C).

Finance & Control is responsible for monitoring the cash flows and reporting.

The roles of head of F&C and program manager will not be combined in the same person

Risks and measuresRisk Chanc

eImpact

Measure

Not able to find experienced social workers High High Ample research, train good employees ourselves

Social workers do not perform well and need to be replaced

High Medium Timely evaluation of the probation period, making a file with data of good candidates at the recruitment

Social workers leave after having built up work experience and training

Medium High Binding staff by being a good employer

Conflicts of interests with partners or government

Medium High Clear agreements signed on paper that are evaluated on a regular basis

Youth Offenders Prisons or other Child Justice Facilities are suddenly closed or moved

Low High Agreements with the government on paper

Families do not co-operate or do not have a possibility to take in a boy

Low Medium Think about alternative living spaces for boys that leave the facilities

Boys and families expect financial support from Byounique

High Medium Be clear that this is not an option and guide the boys and families to other means or solutions.

The society is opposed to the chances offered to the boys

Medium Medium Be very active in awareness building projects and involve society as much as possible in the projects

Money is taken by team members, wards, suppliers, guards, or others

High High Very strict rules about money responsibilities and strict bookkeeping by the program manager and treasures. Fines or dismissal depending on the situation

Materials are used for personal use: car, phone etc

High Medium Again very strict rules about use and bookkeeping, fines or dismissal.

Questions/ remarks

Thank you for your attention

The Byounique team