Global Advocacy of APCJJ

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Global Advocacy of APCJJ

• Improving International Mechanisms for the
  Defence of Childrens Rights
• Justice M Imman Ali
• Supreme Court of Bangladesh
• 08 May,2015
• Phuket, Thailand

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The Region
Nepal Our hearts bleed resolution Bhutan
Hong Kong should be members
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Divergence

• 30 different countries 30/32 different official
  languages(?)
• x number of races and ethnic groups
• n number of religious beliefs
• Economic development at extremes
• Children living in palaces, shanties and jungles

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Children in the Region (X00m)Bangladesh 75m

• When born they all speak same language!
• All cute and cuddly
• Behave in the same way all cry for milk!
• Once they grow up problem starts hostility of
  adults
• Offenders disproportionately from poor, deprived,
  marginalised families
• They are all children vulnerable

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OUR AIM

• Ensure rights of the children in the region - by
  definition vulnerable
• Assist troubled children to rebuild their lives
• Protect society prevent children reoffending
• Prevent drain on resources costs money to
  detain
• Rehabilitate - create productive citizens
• LOCKING AWAY easy way out
• Runny nose syndrome ??
• Has negative effect
• -ADMISSION OF OUR FAILURE-
• Pre-trial detention is so damaging
• We act on impulse sensitive cases knee-jerk
  reaction
• Sadly we seek quick relief - behind bars

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APCJJBRIDGE
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BRIDGE BETWEEN NATIONS/MEETING PLACE

• APCJJ is bridge between the nations with
  similarities and those poles apart
• Meeting of expert minds from the region and from
  elsewhere for the betterment of children
• To learn from each others best practices
• Learn techniques of dealing with sticky spots

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New Zealand

• 75-80 of cases disposed by police meaningful
  return to the family/community able to take
  stock and become productive
• Requires sensitisation of police
• Realisation of the public of the benefits of new
  concepts
• Old school of thought and attitude mind set
  needs to be changed

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JAPAN

• 50,000 Voluntary Probation Officers
• Good idea for countries with fewer resources
• Other countries are trying
• We BD tried and failed but with a little more
  exposure to benefits we will succeed
• Maybe we need to go to Japan!

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AUSTRALIA

• Galmabany Circle Sentencing with the help of
  elders and respected community members
• Culturally relevant sentencing along with support
  services offered by the community

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THAILAND

• Bangkok Rules includes beneficial provisions for
  girls in detention equal access to education and
  vocational training

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BANGLADESH

• Introduced Adolescent Clubs with 10 boys and 20
  girls in 12 pilot districts total approx. 900
  clubs Two trained Peer Leaders in each
• Purpose to create awareness of rights
• Real goal to prevent child marriage, sexual
  harassment and gender discrimination

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International Instruments

• CRC
• Beijing Rules
• Riyadh Guidelines
• JDL Havana Rules
• Tokyo Rules
• Vienna Rules
• We can all read them but can we implement them
  with optimum benefit?
• What can we achieve with the minimal resources at
  our disposal?
• Lets share ideas Lets collaborate

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IDEAS

• Website
• Pool of resource persons for training on specific
  topics
• Sharing ideas at seminars/conferences
• Provisions for courses at selected locations or
  online
• Expert person/team to issue articles on
  particular topical issues
• Ever-ready Advisory Team accessible to members

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NOW THE BOMBSHELL !!!

• -

INTERNATIONAL COURT FOR CHILDRENS RIGHTS
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CRC - UNIVERSAL

• The Convention on the Rights of the Child took
  effect on September 7, 1990, when 20 countries,
  all of them members of the United Nations,
  ratified it. No other international treaty on
  human rights has provoked such a consensus on the
  part of governments.
• Vietnam, Mongolia, Bhutan and Bangladesh were
  among the 20

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Ratified by 195 countries

• Only two countries have not ratified the
  Convention the United States and South Sudan
• US judges follow the provisions of CRC

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Need for ICCR

• Children are by definition vulnerable, especially
  when caught offending need protection
• Childrens rights still illusory/watered down
• Attitude of adults hostile knee-jerk reactions
• Children open to the whims and vagaries of adults
  attitudes very - EXTREMELY
• To most, children who offend are the devils on
  earth and should be dealt with as such
• Next step in realisation of OP3 (Communications)-
  too weak and restricted in application

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Why Court?

• Need to be more effective than Committee Must
  have authoritative decision on CRC
• Oversight over implementation of provisions of
  CRC Protocols
• Uniformity in interpretation
• Credibility
• Acceptability
• Compare ICJ, ICC, ECtHR

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Court Order

• Findings of Courts are respected (even if
  reluctantly)
• Nations obey due to pressure of powerful states
  or for the sake of comity.
• International tribunals do affect state and
  non-state behaviour

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Food for Thought?

• Certainly, food for Debate, I hope.
• THANK YOU

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Whos to Blame?
My thanks to Enakshi Ganguly of HAQ, India