Articles
An Assessment of the Newly Re-Opened Approved School
By Hawa Kamara
Jul 19, 2008 - 12:04:50 PM

The re-opening of Approved School by the Justice Sector Development Programme (JSDP) in collaboration with the Ministry of Social Welfare, Gender and Children’s Affairs in late May this year, is  viewed as welcome news to Civil Society Organizations and other Non Governmental Organizations advocating for children’s rights, and a hope for children in conflict with in the law. Chapter 44 of the Laws of Sierra Leone 1960 makes provisions for the establishment of the Approved School, where a child or young person convicted of criminal offences is sent for rehabilitation instead of being sent to prisons as a form of punishment. However, the 11 year civil war in the country saw the facilities of school damaged and left in a dilapidated state. Though JSDP renovated the damaged school, it remained for some time because of the lack of funds to cater for basic necessities like food, recreational facilities, medicines, etc. As a consequence of this, juveniles awaiting trial and some convicted ones were remanded at the Remand Home in Kingtom, Freetown, whilst the bulk of convicted offenders were sent to prisons.

With persistent advocacy from Human Rights Organizations emphasizing the unfortunate consequences of detaining juveniles in prisons, the School was re-opened on the 21^st of May, 2008. This article is therefore set to critically assess the status of the School including the welfare of inmates and proffers some recommendations.  

STATUS OF THE SCHOOL

The Approved School is located in Wellington, on the outskirts of Freetown. It is the only school where children in conflict with law in the country are sent to serve their sentences after conviction. Recently rehabilitated by the Justice Sector Development Programme, the school is in a very good condition as all the structures are there. The compound is properly fenced with barbed wire at the top to prevent inmates from escaping. There are about three (3) dormitories in the School – two for boys and one for girls. Each dormitory has about twenty beds which are made of blocks and mattresses placed on top. There are two classrooms well furnished with chairs, tables and blackboards but with no teaching materials like chalks, books and pens. As a result, the classrooms are useless and always locked up. There is also a sewing room and an Art and Craft room. The sewing room consists of ten sewing machines with tables and chairs. These machines too are useless as there are no equipments like needles, threads, scissors, to name but a few. These problems render the school useless as it cannot at present perform its primary function, which is rehabilitation of the child. There are no games or sport activities for the children, not even a single football.

Although the initial aim of the school was rehabilitation, the provision of necessary services, such as schooling and counseling has been eroded over the years. There is also a hospital but lacks medical supplies as well as personnel to administer treatment to inmates when they fall sick. When inmates fall sick, the workers have to contribute out of their meager salaries and make claims later. Sometimes, their monies are not even reimbursed. The Convention on the Rights of the Child Committee has expressed its concern at the very poor conditions of juvenile detention facilities. The United Nations Rules for the protection of Juveniles Deprived of their Liberty (Rule                                                                                                                   45) states; “The place of detention should be equipped with facilities to guarantee meaningful activities and programmes which would serve to promote and sustain their health and self, to foster their sense of responsibility and encourage those attitudes and skills that will assist them in developing their potentials as members of society.”

The dormitory for girls is occupied by the International Organization for Migration (IOM) to address the issue of child trafficking as there no girls in the school at present.

The School has about thirty (30) workers—19 prisons officers, who work on  a shift basis, 1 officer in charge, 2 duty officers, 1 store keeper (volunteer), 1 matron and four cooks who are also volunteers. With regards electricity, the connection cables, bulbs, and other electrical appliances are in good condition but with no power supply. Kerosene lamps are used at night to provide light.

WELFARE OF INMATES

There were twenty-one inmates at the School at the time of visit on 14^th July, 2008. Eleven were brought in from the Pademba Road Maximum Prisons, five from the Remand Home at Kingtom and the rest from the provinces. Their charges range from conspiracy, larceny, wounding with intent, to name but a few and their sentences range from one to three years. Some of the inmates are first time offenders and some have been detained for minor offences. This act is contrary to the Beijing Rules (sec 17(1c)) which says ‘The   of personal liberty shall not be imposed unless the juvenile is adjudicated of a serious act involving violence against another person or of persistence in committing other serious offences and unless there is no other appropriate response’.

The above mentioned problem attests to the fact that the courts make very little use of alternatives to detention as prescribed in Cap 44 of the laws of Sierra Leone of 1960, The Beijing Rules, The Convention on the Rights of the Child, etc. Cap 44 expressly makes provision for alternative measure such as: discharging the juvenile with or without conditions; repatriation of the child at the expense of government; placing them under probation officers; imposing in certain instances fine in conjunction with another punishment or on its own. These provisions do not, however, provide the full range and variety that the CRC demands. Article 40 (4) of the CRC provides that “[a] variety of dispositions, such as case guidance and supervision orders; counseling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner proportionate both to their circumstances and the offence”. In Sierra Leone, the courts most times impose custodial sentences in lieu of using the alternative methods.

Inmates spend their time by working on the gardens, cleaning the compound or sitting down idly to while away their time. Even though they are fed three times a day, they however often complain of food insufficiency. They are allowed to move around the main court yard and are only locked up in the evening and are allowed to go outside under the supervision of a duty officer.

They lack basic necessities like clothes and some even go barefooted. The School also lacks mosquito nets which result to frequent complaints of malaria and to a lesser degree, typhoid with little or no medical attention. Three of the inmates need to undergo operations-2 for hernia and another suffering from a swollen foot.

Corporal punishment is rarely used except in cases where inmate(s) attempt to escape. One of the inmates was severely beaten by the Prison officers after a failed attempt. Sec. 33(3) of the Child Rights Act makes provision for corporal punishment to be repealed. There are other disciplinary measures such as cleaning the compound or working in the garden. The United Nations Minimum Standard Rules for the Protection of Juveniles Deprived of their Liberty provide that; “labor should always be viewed as an educational  tool and as a means of promoting self respect of the juvenile in preparing him or her for return to the community and should not be imposed as a disciplinary sanction.” (UN Res 45)

In conclusion, it is clear from the above analysis that the Approved School fall short of international standards. The lack of teaching materials, recreational facilities combined with the increase in lengthy custodial sentences awarded by the courts, deny the juvenile of effective rehabilitation which is the core purpose of juvenile justice.

Recommendations

In order to attain international standard of rehabilitating instead of strictly punishing the child, the Ministry of Social Welfare, Gender and Children’s Affairs must see to it that children in conflict with the law are provided with basic facilities such as teaching materials for educational and vocational training to prevent them from becoming recidivists (recycled offenders). The provision of better medical care, improving facilities for exercise and recreation should be of primary concern. The construction of additional Approved Schools around the country in, at least the headquarter towns should be made a priority to avoid the transfer of convicted juvenile from the provinces to Freetown, away from their relatives; and also to avoid being detained with adults in prisons. Parents or relatives of inmates should be contacted as soon as they are sent to the school to inform them about their incarcerations as some of them I talked to told me that their parents are unaware about their detention.