for a number of protective measures for children older than 14 years that come into contact with the criminal justice system and for child witnesses and victims. 394. The Child Rights Act aims to make the justice system more accessible to and protective of children. As previously mentioned, the majority of children have been excluded from the formal justice system, with matters affecting their welfare and alleged child offenders having been referred to traditional dispute resolution structures which have not been regulated by law. The Child Rights Act formalizes and integrates traditional dispute resolution fora into the child protection framework and introduces certain requirements to secure the protection of the rights of children that come into contact with these structures, as either alleged offenders or victims or witnesses. In addition, it creates additional child-friendly formal judicial structures for the hearing of matters affecting the protection and welfare of children. 395. The Act establishes village and chiefdom-level Child Welfare Committees (CWCs) made up of a combination of local social welfare officials, traditional and religious leaders, NGOs, community members and children. The CWC are responsible for monitoring and promoting child welfare and protection. It is further afforded jurisdiction to consider and decide certain complaints regarding the protection and welfare of children as well as minor offences committed by children. Its jurisdiction is expressly limited to the provision of advice or instruction and only in respect of less serious matters. It has no jurisdiction over cases of murder, treason, sexual offences such as rape and indecent assault and felonies related to serious damage to property, injury to persons and other serious crimes as may be gazetted. Moreover, CWCs are prohibited from passing sentences, punishing, imposing a fine, ordering damages or imposing any other sanctions on offenders. Any serious matters must be referred for prosecution and adjudication through the formal justice system. 396. The Act further seeks to establish Child Panels which are also granted “non-judicial functions to mediate in criminal and civil matters which concern a child as may be prescribed under the Act”. The act makes provision for the diversion of children accused of committing less serious offence to the Child Panels and away from the formal justice system. The Panels are made up of a combination of local level social welfare officers, members of the local traditional governance decision-making structures, including the Chiefdom and Local Councils and women’s organizations and community members. Their jurisdiction is limited to a non-judicial role of mediating and facilitating resolution of criminal and civil matters and reconciliation between a child offender and his or her victim through traditional restorative justice remedies such as an order for an apology, restitution, and/or community guidance of the child for a period of up to six months. Unfortunately, these Panels have not been established, attributable primarily to the lack of staff and structures to support their establishment as well as other related components of the Act. 397. In addition, the Act makes provision for the establishment of an additional formal specialised court – the Family Court – which is to be constituted by a magistrates supported by four other members with expertise in the area of children’s rights. In terms of the Act, Family Courts are tasked with the determination of whether a child is need of care and protection and for making alternative care orders as well as the determination of matters related to parentage, custody, access and maintenance of children. However, as in the case of the Child Panels, there have been challenges in establishing the 102  Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014

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