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
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Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014