CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
by Patrick Mawaya, Malawi, July 1998
THEME = YOUTH
Young people are at special risk in this day and age.
But what happens when they offend against the norms of society?
Zala (not his real name), a juvenile aged 18 from Mulanje, was arrested in June 1996 at Ntcheu Boma. At the time of his arrest he was working as a house-boy after dropping out from standard three in primary school. A group of citizens accused him of stealing and made a "citizen's arrest". He was then taken to Ntcheu Police Station - having first of all been beaten up by those who seized him - and later transferred to Maula Prison in Lilongwe where he still is. No charge has been brought against him, neither has he been given the opportunity for bail. Zala claims the reason he hasn't been charged is - there are no witnesses. Zala has now been on remand for over 400 days not knowing what his fate will be!
Zala is just one of the juveniles in Malawi's prisons and reform centres. Towards the end of 1997, the Centre for Youth and Childrens' Affairs embarked on a survey study of juvenile offenders in Malawi's Prisons and Approved Schools. This study was undertaken with financial support from the Danish Centre for Human Rights. The aim was to provide relevant data and information regarding the present status of juvenile crime. The survey aimed to: investigate the causes leading to juvenile crime; investigate the administration of juvenile justice with a view to establishing its strengths and weaknesses; make recommendations for future improvements regarding the treatment of juvenile prisoners in Malawi.
The survey team interviewed 170 juvenile prisoners in Mzuzu Prison, Maula Prison, Zomba Central Prison, Chichiri Prison and Mpemba Boys Home.
According to the Children and Young Persons Act, a juvenile is someone under the age of 18. However, the 33-page draft report found some disturbing facts. According to official records some very young people are classed as "criminals" and are caught up in the prison system. Others, who are presently in prison, were juveniles at the time of arrest and sentencing, but whilst serving their sentences, came to be classed as adult prisoners and so had to be transferred to the ordinary prisons. It seems that most juvenile crimes are committed during the age of adolescence.
The home background gives cause for concern. Out of the 170 juvenile offenders interviewed, only 56 (32.2%) indicated that at the time of arrest they came from two-parent homes. 65 (38.2%) were from single-parent homes; 22.4% had guardians other than parents; and 6.5% were living alone at the time of arrest. The report further states that at the time of committing their offenses, most of the juvenile offenders were street-vendors and a few were house or garden boys. Many of them have very low levels of education and it is difficult to impart skills to them.
Juvenile crimes include pick-pocketing, theft, burglary, robbery and assault. Theft of all kinds is the most common crime - other offenses include smoking Indian Hemp, and disturbing the peace in public places.
There are a number of reasons for the incidence in juvenile crime. The report cites: poverty, broken homes, single parent situations, homelessness, low education, the movement from rural to urban areas, peer influence, and child abuse. Commenting on some of these, the report says: "The common factor in all these situations has to do with either lack of, or inadequate family care. Poverty as a cause of juvenile crime is quite evident from the available data and information. A poor home life is caused by the work the breadwinner (parent or guardian) is engaged in - subsistence farming, market vending and an assortment of low income-earning jobs. It is not surprising that as a result of poverty at home, particularly in rural areas, there has been a noticeable influx of young people into urban areas where they get into all kinds of difficulty and trouble. Peer influence i.e. an older person "encouraging" or forcing a younger person into crime, plus various kinds of child abuse, including exploiting child-labour, are also factors leading to crime. The worst type of child abuse is conducted by parents or guardians in the form of beatings, denying the children food, insulting them and generally neglecting them. All this prompts the children to run away from their homes, and they end up committing crimes in an attempt to fend for themselves".
The report reveals many cases of maltreating juveniles at the time of arrest, ranging from beatings, torture and insults. The majority of juveniles (up to 64.4%) suffered some kind of beating during the time of arrest. A significant number of juveniles awaiting trial had been denied bail for no clear reason, and contrary to section 42 (2)(b) of the Republic of Malawi Constitution, 1994 which states: "Every person arrested for, or accused of the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right as soon as it is reasonably possible, but not later than 48 hours after arrest (...) - to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released". However, the report say that 33% of those interviewed were being detained without bail.
In Malawi there are no special juvenile courts. There are no parents of guardians present during trials; there is an absence of legal representation; and juveniles have to stay for a long time in prison before being sent to reform centres.
Conditions and treatment in prisons and reform centres meant for housing juvenile offenders, fall far below acceptable standards.
Overcrowding: Chichiri Prison has 6 cells for accommodating 30 juvenile offenders (that is, 5 per cell). In fact, there were 47 juveniles (that is, 8 per cell) at the time of the survey. Zomba Central Prison has 7 cells each supposed to accommodate 20 juveniles. In fact, there were 26 plus per cell (a total of 176 at the time of the survey).
So what happens in these crowded and cramped conditions? There are frequent fights to scramble for the insufficient sleeping space and a few available blankets; very poor ventilation resulting in high incidents of scabies, a contagious disease; lack of indoor toilets, therefore pails/buckets are used as alternatives during the night and these have to be emptied each morning. Some of these containers are used for washing in, so this poses a serious health hazard.
Sanitation facilities: i.e. toilets, bathrooms and water taps. These are either broken down, blocked or in a very dirty condition due mainly to the unavailability of a sufficient water supply, detergents and soap.
Food: That's just a joke if it wasn't so serious! There's just one meal per day and the food is poorly prepared, lacking variety. The general poor food situation is attributed to the inadequate budget allocation from the government supplemented by meagre and irregular donations. "The situation is unlikely to improve in the near future, given the present state of the cash budget and the fact that the prisons are not a priority", notes the report.
Health: Diseases such as diarrhoea, scabies, malaria and tuberculosis are common. There is total lack of essential drugs in the prison and reform centres' clinics due to inadequate funding.
The report contains a number of recommendations to improve the administration of juvenile justice in Malawi. Among the suggestions, the report says:
- 1. The primary responsibility for bringing up children is on the biological parents, however, adult members of our community should be encouraged to share the responsibility whenever and wherever possible, following our customs and traditions. The reason is - juvenile crime affects not only the immediate family of the culprit but also the community at large.
- 2. Counselling and guidance for young people should not be confined to Approved Schools but should be actively practised in primary schools as a way of preventing juvenile crime.
- 3. Government, with community support, should ensure that all children of school-age are enroled in school. Laws should be enacted to force parents to sent their children to school.
- 4. There is an urgent need to strengthen and expand vocational training in various trades for primary school leavers.
- 5. NGOs and other relevant bodies should be actively involved in introducing appropriate programmes aimed at awareness- building on issues concerning juvenile delinquents. The rights, fears, and special needs of juvenile delinquents should also be made clear.
- 6. There is urgent need to organise systematic and appropriate training for police officers, prison officials, magistrates, social welfare workers and Approved Schools' officials, with a view to improving their understanding of, and their responsibilities in handling juvenile delinquents.
- 7. Appropriate mechanism including punitive measures should be created within the police force, to check on what happens to accused juveniles whilst they are in custody.
- 8. The trials of accused juveniles should be speeded up. They should be adequately represented in court by legal practitioners specially trained in dealing with young people and their problems.
- 9. Social welfare officials should ensure that there is no undue delay in bringing an accused juvenile's case before the courts.
- 10. Prison-life should be organised in such a way that inmates can earn their own keep rather than always being fully dependent on the government and a few donors.
- 11. Informal education offered in prisons should be made compulsory for juveniles, in line with the law and the United Nations standards regarding minimum rules for the Treatment of Prisoners.
The Centre for Youth and Childrens' Affairs has brought the whole question of juvenile delinquency - the reasons for; the nature of; the question of punishment and reintegration into society - into the open. It remains to be seen if childrens' and young peoples' welfare means much in Malawi today, when all the people think about is politics.
END
CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
PeaceLink 1998 - Reproduction authorised, with usual acknowledgement