necessary resources for the establishment of adequate places of safety for children in
conflict with the law as envisioned in the CPWA. The Committee further encourages
the establishment of Domestic Violence and Child Protection Units in all police stations
around the country.
51. The committee notes with concern instances of children who are not in conflict with
the law being sent to juvenile correctional schools/Vulamasango at the request of their
parents to be corrected for disobedience. The Committee urges the State Party to
investigate the situation of children in Vulamasango/correctional schools and ensure
that no child goes to any kind of correctional facility unless that child is in conflict with
the law and as a measure of last resort.
52. The committee notes that a Legal Aid Bill is in development and makes provision for
state-paid legal representation of children in conflict with the law. The Committee
encourages the State Party to accelerate the finalization and adoption of the Bill.
53. The Committee recommends that the State Party considers:
i. Adopting pre-trial diversion programs to ensure that children in conflict with the
law are not subjected to the regular justice administration procedure;
ii. Allocating additional budget for the juvenile justice administration and thereby
establish additional juvenile courts in more regions, and train more juvenile judges;
and
iii. Exerting more efforts to ensure that children in conflict with the law are provided
with services such as education, health, protection, participation and leisure.
Children of imprisoned parents or care-givers
54. The Committee notes with appreciation the provision in the Correctional Services Act
of 2017 and the National Health Policy of breast-feeding and for bonding between a
mother and infant. However, the Committee notes with concern that children may stay
in correctional facilities for lengthy period of time with their incarcerated caregivers.
The Committee recommends the State Party to align its treatment of children of
incarcerated caregivers with the Committee’s General Comment no. 1 on Article 30 of
the Charter, and encourages the State Party to undertake the following measures:
i.
ii.
Prioritize non-custodial sentences for expectant mothers, primary or sole care
givers;
When custodial sentences are passed to sole or primary care givers, the
decision to keep the child with the caregiver in detention should take in to
account the age, sex, level of maturity, quality of relationship with caregiver and
the existence of quality alternatives available to ensure the best interest of the
child. It should also take in to account the views of the child depending on age
and maturity;
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