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This article participates on the following special index pages: August
2012 e-newsletter Download
this document The Draft Constitution: Detention should be used as a last resort Children and child rights organisations advocated for children's rights, including the rights of children in contact with the law, to be included in the constitution. This was after the realisation that children in contact with the law were being treated in a manner that did not promote their rehabilitation and reintegration into society as responsible citizens. Instead, children were being exposed to conditions that would harden them into more dangerous and serious offenders. Having a Constitution which promotes the welfare of these children is an achievement towards the promotion and protection of their rights. Unnecessary and long detention of children in contact with the law is common at police stations. The courts perpetuate detention by remanding the children in custody regardless of the offence they would be facing. In terms of the Criminal Procedure and Evidence Act Chapter 9:07, any judge, magistrate or police officer, depending with the nature of offence, may release any person under the age of eighteen years who is accused of any offence other than treason, murder or rape without bail into the custody of the parents or guardian or place him in a place of safety instead of admitting him to bail or detaining him. The intention of the legislation is to avoid children from being exposed to harsh environment either at the police or prison cells. This however has not been the case as children are being incarcerated on arrest and on remand waiting to be tried even for minor offences such as shoplifting. During such detention, these children are mixed with serious and dangerous criminals who coach them. The objective of rehabilitating these children is lost in the process. The rights of children in contact with the law have been protected by section 4.38 (1) (i) of the Draft Constitution which emphasises that detention should be the last resort and if ever the child is detained, it should be for the shortest appropriate period of time. The Draft Constitution further provides for children to be kept separately from detained persons of over the age of eighteen years. This provision conforms to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. This is also in line with the pre-trial diversion programme which the country initiated to ensure that children facing non serious offences are spared from the criminal justice system by undergoing diversion. It is however important that if and when the Constitution is accepted by Zimbabweans, all stakeholders should play their part in ensuring that children are not detained unnecessarily as it does no good but harm to the children. Visit the Justice for Children Trust fact sheet
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