…AG assures as Children’s Court officially opened

THE Children’s Court was officially opened on Wednesday, with Attorney General and Minister of Legal Affairs Basil Williams, SC, saying government has a special responsibility to children as they are among society’s most vulnerable.

Williams represented President David Granger at the event which took place at the Georgetown Magistrates’ Court in the presence of members of the judiciary, magistracy, diplomatic corps and other invitees.

The United Nations Children’s Fund (UNICEF) partnered with government and other stakeholders to bring the court into being; similar courts will be established in Berbice and Essequibo.

“As I noted on the 26th, April 2018, at the 87th Sitting of the 11th Parliament of Guyana and during the debate of the Juvenile Justice Bill, the way we treat our weakest members of society has always been a measure of our society. Indeed, it is considered a test of our humanity and civilisation,” the attorney general said.

He contended that there is no better way for a nation to demonstrate its respect for human dignity than by making appropriate provisions for the protection of its children and for securing their best interests.
He said establishment of the Children’s Court is a manifestation of the importance which the Cooperative Republic of Guyana attaches to the principle of the “best interests of the child.”

The legal affairs minister explained that the “best interests of the child” is a cardinal principle of customary international law. Article 3 (1) of the United Nations Convention on the Rights of the Child, states: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative or legislative bodies, the best interest of the child shall be a primary consideration.”

The minister said Guyana has enshrined this principle within its supreme law, the ‘Constitution’ and in other legislation such as the Custody, Contact, Guardianship and Maintenance Act of 2011, the Protection of Children Act of 2009, the Adoption of Children Act of 2009 and the Juvenile Justice Act of 2018. He underscored that the Juvenile Justice Act of 2018 effects many of the provisions contained in the Guidelines for Action on Children in the Criminal Justice System, which was adopted by the Economic and Social Council of the United Nations.

Minister Williams said among the measures which can be utilised for ‘diversion’, under the Juvenile Justice Act, are: an oral or written apology; placing the juvenile under supervision and guidance; counselling and therapy; compulsory attendance at a vocational or educational institution; restitution; compensation; community service; and warnings or referrals.

REFORM RATHER THAN PUNISHMENT
“A juvenile justice system should be characterised, not by extreme punishment, but by sentences that are proportionate to the seriousness of the offence and the degree of responsibility of the juvenile for that offence. It should be underscored by consideration of alternatives to custodian sentences,” the attorney general said.

He continued: “It is vital to ensuring a more rehabilitative and restorative system of juvenile justice. It is essential to promoting the best interests of our children. I commend the chancellor of the judiciary for the great dispatch with which this court has been established. I welcome its establishment. This is a red letter day in our judicial history.”

Juvenile justice
Meanwhile, Public Security Minister Khemraj Ramjattan said the opening of the court is essential to ensuring that the objectives of the Juvenile Justice Act are advanced and achieved.

He explained that the administration has not gotten the temporary facilities to deal with juveniles who have to be remanded; but funds have been requested in the 2019 budget to make such a reality.

Adding that a juvenile justice director and two assistants have been sought, Ramjattan said approval for their appointments will be done at Cabinet. “There will be enhanced training programmes for the people who will be overseeing and administering the new justice juvenile regime. There are other things that have to be done that I need not mention,” the public security minister said.

The minister said in 2019, it is envisioned that such courts will be built in Berbice and Essequibo, while proceedings against juveniles must attract pre-charge screening, which will be done by the director of public prosecutions (DPP). “The DPP must give written consent to any private individual who wishes to institute a charge against a juvenile. That is in the hand of the constitutional office… A juvenile has the right to retain and instruct counsel; and under the act that young person can also get free legal advice,” Ramjattan said.

Improving access to justice
UNICEF Representative to Guyana and Suriname Sylvie Fouet congratulated all the players for their role in improving access to justice for juveniles. She said UNICEF understands that there is a serious commitment that comes with a budget and in 2019, there will be support for expansion of the courts outside of Georgetown.

The UNICEF representative said the new court is expected to enable children to benefit from training and education instead of incarceration.
Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards said the aim of the court and Juvenile Justice Act is for rehabilitation, education and reintegration into society.
The head of the judiciary said visiting the court when a child is in conflict with the law must be a last resort.

“The system is there to further the well-being of the children and therefore the best interest of the child shall be the paramount consideration when making decisions about the juvenile,” Justice Cummings-Edwards said.

An estimated $590M is expected to be procured for Guyana to run a child-friendly criminal justice system in accordance with the Juvenile Justice Act.

Guyana’s Juvenile Offender’s Act was enacted in 1931; but in order for it to reflect international juvenile justice standards in accordance with the Beijing rules and the Riyadh Guidelines, extensive recommendations were made facilitating the Juvenile Justice Act 2018.