Resolution on Children Breaching the Law

Considering the increasing number of delinquent children, subsequent to the phenomenon of street children, children on the street, child abandoning, children accused of witchcraft and not taken care of;

Considering the cohabitation in some member states of adult and minor (children) prisoners, compromising the future of children breaching the law;

Considering the appearance of minor accused in front of the same judges as adult ones in several party states;

Considering the shortage or lack of children judges in our states;

Considering the inadequacy of the legislation on juvenile delinquency, as with regards to the current environment;

Considering the lack or the decay of appropriate facilities likely to provide better training, and to recover children in society for their welfare;

Considering the indifference of member states about the above-mentioned situation;

Considering the urgent necessity,

We, as NGOs members, meeting in Brazzaville for the Forum on the NGOs participation prior to the holding of the 42nd Ordinary Session of the African Commission on Human and People’s Rights and the 16th African Human rights Book Fair, propose:

For the protection of children breaching the law,

to invite state parties to take internal and legal strict provisions taking into account the current context of the continent and that of every country for the best protection of this category of children, mainly:

1. By the separation of children breaching the law in detention with adults in jail.

2. By the settlement of these children in specialized and sufficiently equipped reformation and reinsertion centres, considering the specificity of these children and their training under the control of specialized teachers with the assistance of health workers.

3. By the training of children judges as well as their teachers.

4. By penalizing the acts and behaviours encouraging and providing grounds for juvenile delinquency in all its forms.

Done at Brazzaville, November 11th, 2007