Summary:

This survey study report is on juvenile offenders, both committed and on remand, in the major Malawi prisons and approved schools

This survey study report is on juvenile offenders, both committed and on remand, in the major Malawi prisons and approved schools. As its focus, the study includes the causes of high level of juvenile deliquency. Other specific areas of focus are the administration of juvenile justice, types of offences, prisons/reform centres conditions, access to education as well as development of skills, and availability of counseling and recreation facilities.

As part of the methodology for the study, interviews were conducted based on structured as well as unstructured questionnaires. The target group for the interviews included a sample, of 170 juveniles from four major prisons in Malawi including Mpemba reform school, officials from the prisops and the reform school, government officials from community services and social welfare offices and human rights activists from NOOs involved in monitoring prison conditions. The interviews were aimed at obtaining the following information: · Categories of juveniles along lines of gender, age, education level, type of offences, duration of sentence, arrest treatment, locations and family backgrounds; · Availability of education/training, recreation, medical and counseling facilities; · Legal representation, treatment and conditibns in prisons/reform centres. · Suggestions and expectations of juveniles as well as officials from the prisons and reform schools. The data was analyzed using dBase IV.

Data on causes for juvenile crime revealed that a majority of up to 67.1% of the juveniles are either from single parents or from guardians other than parents or were living alone at the time of arrest. The only logical conclusion from this contrast is that children/young persons from this group are more likely to commit crime than those from two-parent homes. In other words among the causes for the juvenile crime are poverty, broken homes and single parent homes, homelessness and orphanage. The common factor in all these situations has to do with either lack or inadequate family care which to a large extent can t5~ better addressed in two-parent homes.

The survey findings have revealed a number of areas which require serious redressing. There are issues of "misplaced" juveniles in terms of exceeding. the legal age limit, the general poor conditions particularly for those kept in prisons, lack of adequate adherance to the law when arresting, remanding as well as committing the juveniles to approved schools. For instance, it was discovered that some juveniles had stayed in remand awaiting trial for up to four years without appearing before a magistrate! Some juveniles had already been committed to approved schools a long time ago but were still languishing in prison. The major questions being posed at the end is whether reformation of the juveniles can effectively take place in such conditions, whether there is a hope of improving the administration of the juvenile justice given the prevailing condftions. However, the report recognises the positive socio- political change which has made it possible to at least have studies of this nature take place as a move towards the right direction.

In keeping with one of the main objectives of the survey stbdy, the report has come up with a number of recommendations including the following:

· Unless the officials charged with the duty to administer juvenile justice are filly aware of their responsibilities they can not be expected to discharge their duties accordingly. Therefore, there is urgent need to organise systematic and appropriate trainings such as "Rights of the child" for police officials, prisons officials, magistrates, social welfare people and officials at the approved schools with a view to raise the understanding of their responsibilities in handling juveniles. As part of this effort, it would be essential to prepare a handbook on the Malawi Law on juveniles for all those involved in its administration.

· As a matter of urgency a networking arrangement should be instituted between the Board of Visitors, social welfare officials and prison officials on the one hand and NGOs, churches and the community on the other hand to ensure that there is a strict separation of genuine juveniles from adult offenders. The current practice as established by the survey indicated that either the categorisation and determination of juveniles is veiy loose or the legal requirement on segregation is not strictly followed. The present practice requires immediate redress.

There is a need to strengthen the system of referring minor juvenile offences to probation officers who should in turn work closely with respective guardians/parents and communities. This arrangement will not only reduce cost and overcrowding but also speed up the reformation process which allows intergration of the juveniles to take place simultaneously.

As a general recommendation, prisons should be organised into production institutions for self sustainance in food, fijrniture, uniforms, etc and if possible be able to raise some revenue by selling some of their produce. The present arrangement which makes the prisons fully dependent on~ government and a few donors is unsustainable. The proposed arrangement will also eliminate the problem of idleness among inmates.

Most of the recommendations are based on the understanding that the problems of offenders are more to do with lack of awareness and improper on itation of the juvenile law, than with the law itself In addition, the focus is exploring ways and means of coming up with a sustainable mechanism of mobiising adequate resources needed to support reformation efforts in all the affected areas including the approved schools.

Organisation Contact Details:

Centre for Youth and Children's Affairs
PO Box 30861
Capital City, Lilongwe 3
Tel: 00 265 1 742 971
Email: midea@unima.wn.apc.org
Website:

Last updated 21/03/2001 06:56:56