At a glance: Timor-Leste

Real lives

Unravelling the legacy of war: Juvenile justice

At one time, 15-year-old Joni lived a life of relative peace and tranquillity with his parents, three sisters and a younger brother in Liquica, an eastern district of East Timor. Following the country's referendum in 1999, however, his life changed forever as violence and destruction swept across the country. Joni and his family, like thousands of others, fled to a refugee camp in Atambua, West Timor.

In the camps, conditions were harsh with frequent internal disputes erupting in to violence and there were reports of rape and torture by the Indonesian soldiers in charge of the camps. The refugees lived also with acute food shortages and the constant threat of malaria and dengue fever. It was a violent time that coloured the young Joni's life in a way that was yet to become apparent.

In 2000, Joni and his family returned to Dili where he and his younger sister and brother returned to school. He enrolled in the first grade at the Senior High School in Comoro, Dili. The school year began and he was happy again.

"I felt very happy because I had the opportunity to go to school again and make new friends," he says.

Despite his relief to be back at school, Joni could not escape the trauma he suffered during the conflict. Anger from that time welled up inside him until an incident at school provoked its release. On 28 December 2001, when he was 14 years old, a girl at school teased him about coming to school to find a girlfriend. Using bad language, she insulted him and his family. Joni, overcome by rage, struck the girl on the head with a rock.

The next day, after the girl's family had reported the case to the police, four East Timorese police officers came to Joni's house, handcuffed and arrested him for assault. On 1 January 2002, he was taken to Becora prison and jailed with inmates who beat him up on arrival. He knew what he had done was wrong and regretted the effect it had on his family.

"When I was in prison my family visited me twice a week until I was released. My parents, but especially my mother and my younger brother and sister, felt very sad when they visited me in jail. My mother always cried when she came. Nobody was taking care of me, except for Forum Communicacoes Juventude (FCJ) staff," he says.

FCJ is an East Timorese NGO which, with UNICEF support, protects children in conflict with the law as well as children at risk on the street. While Joni was in prison, he participated in educational and recreational activities organized by the NGO, such as Portuguese and English lessons, music and sports.

UNICEF and its partners went to discuss juvenile justice with law enforcement officers and the judiciary and succeeded in bringing the plight of Joni to the attention of the Dili District Court defence lawyers. They argued that Joni could not be held at Becora prison because he was under age and instead should be put in protective care. On 9 February 2002, he was placed under the protection of the FCJ.

UNICEF also provides advice and comments on specific policy and legislation such as the criminal procedure code, penal institutions, legal aid, juvenile justice, inter-country adoption and birth registration. In addition, UNICEF has been working and building capacity within the Department of Social Services.

Under the supervision of the FCJ, the Police and the Dili District Court, Joni was allowed to return to his family home and also attend activities at the FCJ's drop in centre or 'Posko'. However, soon after he was released from Becora prison he became ill and was taken by one of the FCJ staff members to hospital where he was x-rayed and diagnosed with tuberculosis. Even though Joni had to be isolated from the other children in the FCJ's care, the staff continued to support him.

He felt hopeful for the future, "Even after I got tuberculosis and was spitting blood, they (FCJ) still treated me with care."

After Joni recovered, the FCJ staff went to a school in Comoro and lobbied the Principal to let him return to school. They explained what he had gone through and eventually the principal agreed to accept him. Joni started school again in April 2002 and was accepted by his teachers and fellow students. No one ever mentioned to him what had happened before. Joni was admitted back to the first grade and has since progressed to the second grade where he enjoys studying and achieves high marks.

UNICEF has supported the FCJ since 2000 and helped the NGO establish a drop-in centre or 'Posko' for disadvantaged children to participate in educational and recreational activities. In collaboration with UNICEF, the East Timorese Government (Department of Social Services and Ministry of Justice) and the United Nations Human Rights Unit, the FCJ continues to work with children in conflict with the law and provides shelter for children at risk on the street.

UNICEF has promoted alternatives to imprisonment for young offenders and has trained law enforcement officers since 2000. UNICEF also gives training and capacity-building workshops for the FCJ staff and a longer-term strategy is being developed in close collaboration with the government and judiciary.

To date, the FCJ has assisted more than 400 children through its rehabilitation work and community reintegration activities. UNICEF also provides them with technical assistance, and equipment such as guitars, tape recorders, paints, pens, cartoons, volley balls, basket balls, badminton balls and rackets for recreational activities for children and youth in detention.

Joni is back at home and says he wants to concentrate on his studies, in particular, on physics. Of his violent behaviour he says:

"I went through a really bad experience but I have learned that violence is not the right way to solve problems."

NOTE: Joni's name has been changed to protect his identity.