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Community-Based Diversion for Children in Conflict with the Law: The Cebu City ExperienceSocial Sciences Division, University of the Philippines, Cebu College 2005 SummaryThis 23-page paper describes a community-based programme for children in conflict with the law in Cebu City in the Philippines. Built on mediation and restorative justice approaches, it is designed to provide an alternative to what author Felisa U. Etemadi characterises as the harsh, dehumanising criminal justice system through which most child offenders in the Philippines have routinely been processed (e.g., often placed in the same cells as hardened adult criminals, with formal education and sports activities disrupted and long waits for arraignment and court trials). Piloted by the non-governmental organisation (NGO) Free Rehabilitation, Economic, Education and Legal Assistance Volunteers' Association (FREELAVA) in 12 Cebu City barangays, this community-based programme builds on local governance structures and involves collaboration among barangay officials, professionals and community volunteers, including past child offenders who serve as peer educators. The goal is to prevent child offenders from entering the criminal justice system ("diversion") by putting into practice two basic principles in the Convention on the Rights of the Child: "the best interests of the child" and "detention or imprisonment...as a measure of last resort and for the shortest appropriate period of time." This paper explains the diversion process in detail, draws on the experiences of individual children, and outlines both the strengths of the programme and the areas that need more attention. Data for the process evaluation were gathered from: primary and secondary documents, case studies of diverted children, police department records, informal discussions with programme implementers in 10 pilot barangays, interviews with 3 project staff and 2 teachers who are members of a Children Justice Committee (CJC), and focus group discussions with members of the CJCs, community volunteers, and peer educators. Specifically, this initiative is built on the principle of restorative justice, which holds that crime is a violation of people and relationships and creates obligations to make things right - a framework that is in stark contrast to the retributive justice approach, which views crime as an act against the state that must be punished. Drawing on this framework, and with its track record in community development work, FREELAVA has used community organising as the over-arching strategy in implementing the diversion programme. Core strategies have included mobilising the support and participation of the communities through: This evaluation next details the process of the community-based diversion programme, which involves: According to the author, this community-based diversion pilot programme has led to several positive changes, which are described here; among them: a decline in the number of child arrests and decreasing incarceration rates and abandonment of detention cells for children in all the pilot barangays. "Part of what makes the program so distinctive is the active community participation....The volunteerism of private citizens, community volunteers and peer educators showcases what the community can really do to promote the rights of children in conflict with the law, while at the same time restoring social harmony. FREELAVA is confident that when the CJCs strengthen their case management and monitoring, they can sustain diversion work on their own." While diversion works positively for many children - and several narratives are shared in this paper - it appears to have little effect for those who have had several encounters with the law. Several other ongoing challenges are shared, such as "Public acceptance of the paradigm shift in juvenile justice does not necessarily mean the application of the principles of restorative justice in actual cases. Advocacy must be intensified to convince the public that...diversion and reintegration are worthy governance issues..." ContactChildren, Youth and Environments
University of Colorado, Campus Box 314 College of Architecture and Planning Boulder, CO 80309-0314 USA Tel: (303) 735-5199 Fax: (303) 492-6163 CYE@colorado.edu CYE website SourceChildren, Youth and Environments - Special Focus: Children & Governance Vol. 15, No. 2 (2005). Placed on the Communication Initiative site July 19 2006 Last Updated September 23 2007 |
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