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Young justice

British Judge Nicholas Crichton visits Ethiopia to see a child-friendly justice system take its first steps.

In Ethiopia as many as seven million children are believed to be living in extreme poverty. And 13% of children are born without one or both parents. Often children fl ee rural homesteads for the city, looking for work or to escape persecution. What they find is usually a home on the streets and exposure to a plethora of abuses – both physical and emotional. They may end up as child labourers, be exploited, trafficked, or victims of sexual abuse.
For street children in Ethiopia contact with the law is a common occurrence – and they are often subject to maltreatment. Previously the justice system in Ethiopia (as in most of sub-Saharan Africa) made no special allowance for children, whether they were perpetrators orlaw.jpg victims of crime. Seen as little more than litter to be swept away, street children found themselves herded into adult prison cells, subject to abuse both by prison staff and the adult offenders with whom they were locked-up.
Recently, EveryChild, an international children’s NGO, invited me to witness first hand the establishment of the country’s new child-friendly justice system – one of the first of its kind in sub-Saharan Africa. This was a follow up to a 2005 visit to the UK by Ethiopian justice professionals, who came to learn about our UK experience of juvenile justice. In the last three years, EveryChild’s partner, the Forum for Street Children Ethiopia, has pioneered the establishment of child friendly courts in the cities of Addis Ababa and Nazareth
On visiting Ethiopia it became clear to me that a great deal of progress is being made in creating a system which aims to protect children at every stage of their encounters with the law. Child-friendly courts and victim-friendly courts, now operating in Addis Ababa and Nazareth, draw a distinction between child victims and criminals. As well as the courts, children who come into contact with the law also have access to legal aid and psychosocial support.
One significant challenge is the inexperience of judges. In Ethiopia a university graduate can immediately become an assistant to a judge. After a two-year apprenticeship he himself can become a judge. After five or six years some judges then use the experience to become practising lawyers and earn far better salaries as a result. In the UK it is exactly the opposite way round.
Equally challenging is that, although police in Nazareth and Addis now receive a considerable amount of training in child protection issues, the number of professional social workers is totally inadequate. And the training they receive is minimal. Therefore another crucial stage will be the introduction of a well-funded and widely promoted recruitment and training programme for social workers.

I also visited child protection units (CPUs) in police stations and child abuse and neglect units within hospitals. The CPUs play a key role in providing a child-friendly police service to child victims and children in confl ict with the law. The police are trained to work with both child abuse and child neglect units in the hospitals. Free legal aid is provided and shelters have been set up to ensure that both child victims and child offenders are protected and their cases are brought to the attention of the appropriate authorities.
For Ethiopia these systems are a good start in protecting their children. The energy of Ethiopians working at local levels, seeking to make links with federal and regional government to promote the interests of children, is impressive, and will hopefully act as a beacon of good practice to other sub-Saharan African nations.
Tremendous challenges remain – particularly in the need for coherent systems of family education and setting up child protection policies. Until these are addressed many of the children living on the streets of Ethiopia’s cities will struggle to receive real justice and fair treatment by the law. There are at present some child-focused provisions dotted about in Ethiopian legislation, but there are many gaps. I believe that there is a need for a single piece of legislation which champions the principle of making decisions which are in the best interests of children.
I spent a great deal of time with young men and women who have an immense passion and determination to overcome the problems of vulnerable children in their country. I know only too well the frustrations involved in promoting youth justice systems. Our own system in the UK is still far from perfect and our young people are routinely vilified by media and politicians alike. I hope very much that the brave changes taking place in Ethiopia will be built upon and replicated across Africa.

Nicholas Crichton is a District Judge from the Inner London Family Proceedings Court and a member of the Family Justice Council.


MORE INFORMATION

www.everychild.org.uk


For street children in Ethiopia, run-ins with the law are an every day occurrence