the Luanda Province and the juvenile administration in Luanda does not have
adequate trained human and financial resources. Moreover, the Committee has
observed from the State Party report that there are no rehabilitation centers for
children who are detained and that children are detained with adults. The Committee
is of the view that lack of implementation of the Juvenile Court Law and the lack of
separate facilities to accommodate children in conflict with the law is contrary to the
principles of the Charter which urge for prevention and diversion measures as well
as provision of legal aid, alternatives to custodial sentences, and separation of
children in detention facilities. Therefore, the Committee recommends that the State
Party:
a. Puts in place preventive measures by identifying causes that lead to juvenile
delinquency and addressing the known factors such as poverty and poor parental
guidance;
b. Establishes juvenile courts in all provinces to ensure that children are not
subjected to the regular court proceedings and appropriate alternative diversion
measures are implemented;
c. Provides free legal and any appropriate assistance to children in conflict or in
contact with the law;
d. Ensures that non-custodial sentences are applied as a matter of priority;
e. Establishes rehabilitation centers for children who are sentenced to custodial
penalties;
f. Ensues that children are not detained with adults; and
g. Provides adequate budgetary allocation for the juvenile justice and conducts
training for law enforcement and the judiciary on juvenile case administrations.
Children of imprisoned caregivers
45. The Committee notes with appreciation that the State Party provides prenatal and
antenatal care for pregnant women in prison. The Committee however notes from
the State Party report that children below the age of 3 might be imprisoned with their
mothers. The Committee recommends that the State Party provides non-custodial
sentences to expectant mothers and mothers of infants. In cases where custodial
sentence is mandatory, the Committee encourages the State Party not to imprison
children with their mothers. Mothers who are detained with their children should be
provided with alternative institutions. For further guidance on the protection of
children of imprisoned caregivers, the Committee encourages the State Party to
make reference to its General Comment No 1 on article 30 of the African Children’s
Charter.
Child Labour and exploitation
46. The State Party report indicates that any kind of labour is prohibited for children of
mandatory school age. However, the Committee notes that mandatory age of school
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