Restoring Juveniles in African Systems of Justice

Abigail K. Skeans, Candidate for Juris Doctor 2014  from Regent University School of Law also served as the Justice Programme Administrator, Children Justice Initiative in Uganda, Africa.  She has been researching and studying various juvenile justice systems in Africa during her law school career through the Center for Global Justice and the curricular Child Advocacy Practicum.  Her work is making a difference to children in Africa.

Last semester she worked in a comparative approach to juvenile justice taken in various African nations to determine the best and most restorative approach for children. 

Outlining the law in this area, Abby highlights both international, Ugandan, and Malawian standards of child justice in her research, and works to apply those rules and laws for the best interests of children when those children accused of crimes are often lost in the justice system machinery.  I have written on this before particularly regarding applications of the Convention on the Rights of the Child (CRC) which can be accessed at SSRN, and how important the notion of the best interests of the child ought to be applied to such circumstances.  (An overview of that jurisprudence can be accessed here).

Abby combines all the best regulations for children and a clear application of the rule of law in her global research to present an approach to juvenile law that seeks to build up and restore children even in the context of criminal accusations.  Her conclusions: "Child Justice in Malawi and Uganda will be successful when the various levels of systems can work together in a complimentary way to  address offenses while accounting for the restoration of the offender and the community based on inherent , traditional principles of African justice."  Her work is shared in her power point presentation. 

Children around the world deserve hope to be restored to their community and to their families particularly in the face of being charged with a criminal offense.  A restorative approach can accomplish those goals, and Regent Law is training future lawyers to do just that.  Great work, Abby!  

Key to Child Advocacy for Malawi Juveniles is Restorative Justice

Children in several nations around the globe do not enjoy basic protections of their due process interests when accused of a crime.  Often they sit in jail waiting for an initial hearing for years.  Child advocates can make a difference for them and their families.

Abigail K. Skeans, currently a 3L at Regent Law, is pursuing research in this area of law to protect children in various African nations.  An important aspect of her work has been to determine whether a program of reform for a juvenile law system in one African nation might also work effectively in the legal framework of another African nation.

Skeans worked on such a program to protect juveniles in Uganda, and this spring worked on a feasibility study to determine if the program being implemented in Uganda would also be feasible in Malawi.  She continued her work this summer on site in Malawi. Her work carries an expectation for policy recommendations for both practical legal development programs and legislative reform.  See her presentation here.

Some practical programs and documents might be beneficial in the Malawain context, her work hopes to accomplish several objectives. Some of those include:

1) developing an electronic child information tracking system in a nation that is largely without birth certificates for most children;

2) determining whether a restorative justice component and diversion programs coupled with an emphasis on plea bargaining in formal juvenile proceedings would be of assistance;

3) social service protections; and

4) providing legal protections for children in conflict with the law.

Protecting children around the globe is an important, but extremely challenging, objective. An attitude of family restoration and restorative justice can make a tremendous difference in the lives of children in Africa.