labour through the provision of structural support to address the underlying drivers
of the practice. The minimum age of employment is also regulated by the much older
Employers and Employed Act (Cap 212), however the provisions are outdated and
not in alignment with the Child Rights Act. The GoSL takes the issue of child labour
seriously and the various measures taken to address the issue are addressed in
detail later in the report in Part 9 under the heading of Special Protection Measures.
3.5 The minimum age of criminal responsibility
95.
For many years the age of criminal responsibility was, as per the common law, ten
years. That is, children under the age of ten were regarded as incapable of committing
a crime, but those older than ten were seen as capable of criminal conduct. The
Children and Young Persons Act (Cap 44, 1960) along with an initial Child Justice
Strategy developed in 2005 did however introduce a number of special procedures for
the protection of children older than ten years, but younger than 17 years in conflict
with the law against harm and abuse within the criminal justice system. However,
the governing laws, including the Criminal Procedure Act made no provision for
special investigation or court procedures for the protection of children in contact
with the law as victims or witnesses in criminal or civil proceedings.
96.
Whilst the law did provide procedural protection to children in conflict with the law,
implementation of the prescribed processes has been impeded by financial, human
resource and infrastructure constraints as well as the lack of credibility and trust in
the formal justice system. These factors have served to exclude approximately 70
percent of the population from accessing the magistrates, high courts and separate
juvenile court established in terms of the Children and Younger Persons Act for
administration of the formal justice and juvenile justice system in Sierra Leone. The
majority of the population makes use of the informal or local courts which apply
customary law. Informal traditional dispute resolution fora, such as meetings of
community elders and leaders (known as Bare) for the mediation, arbitration and
adjudication of criminal and civil matters have not been regulated by law. Whilst
local courts are governed by formal legislation (the Local Courts Act, 2004) they
are not subject to the same procedural constraints protecting young offenders in
contact with the formal courts.
97.
The Child Rights Act remedied the non-alignment of the law governing the age of
criminal responsibility with the requirements of the ACRWC and the CRC and filled
a number of legal and institutional gaps to strengthen the protection of children in
contact with the law.
98.
The act increases the age of criminal responsibility to 14 years. It formalizes and
integrates traditional dispute resolution fora into the child protection framework
and introduces certain procedural 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.
99.
The special protection afforded children in contact with the law is discussed in
detail later in part 9 of the report under the heading of Special Protection Measures.
3. Definition and Age of the Child (Article 2)
33