Global Advocacy of APCJJ

Improving International Mechanisms for the Defence of

Children’s Rights

Justice M Imman AliSupreme Court of Bangladesh

08 May,2015Phuket, Thailand

The Region

Nepal – Our hearts bleed – resolution Bhutan & Hong Kong – should be members

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

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

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

APCJJ=BRIDGE

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

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

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!

AUSTRALIA

• Galmabany Circle Sentencing with the help of elders and respected community members

• Culturally relevant sentencing along with support services offered by the community

THAILAND

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

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

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?

• Let’s share ideas :::: Let’s collaborate

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

NOW THE BOMBSHELL !!!

• -

INTERNATIONAL COURT FOR CHILDREN’S RIGHTS

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

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

Need for ICCR• Children are by definition vulnerable, especially

when caught offending = need protection• Children’s 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

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

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

Food for Thought?

• Certainly, food for Debate, I hope.

THANK YOU

Who’s to Blame?

My thanks to Enakshi Ganguly of HAQ, India