Toolkit on Diversion and Alternatives to Detention

Asia

• Regional
• Afghanistan
• Bangladesh
• Bhutan
• India
• Indonesia
• Malaysia
• Maldives
• Nepal
• Pakistan
• Philippines
• Sri Lanka
• Timor Leste
 
Regional
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country Profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices.

'Justice for Children: Detention as a Last Resort - Innovative Initiatives in the East Asia and Pacific Region', UNICEF East Asia and Pacific Regional Office [no date] [Pdf 2.12Mb]
Chapter 3 on 'Diversion and restorative justice' contains 4 project examples: 1. Community-Based Prevention and Diversion Programme – Cebu City, Philippines; 2. Police ‘Youth Aid Diversion’ Project – New Zealand; 3. The Restorative Justice Programme – Palau; 4. Community-Based Programme and Services for Juveniles in Conflict with the Law – Quezon City,  Philippines.
 
Afghanistan
‘Justice for Children: Diversion and Alternative Measures - Workshop Report, January 2009’, Child Protection Section, UNICEF Afghanistan [Pdf 541kb]
Report from workshop involving stakeholders from the 8 provinces involved in the diversion and alternatives pilot project (social workers, police & prosecutors). Includes: summary of key learning points, way forward in 2009, indicators to measure progress, social inquiry report format and flowchart, country background and informaiton on the Juvenile Code of Afghanistan, and case studies used for discussions.

'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices.

'The Little Book of Restorative Justice', Howard Zehr with Ali Gohar, 2003 [Pdf 762kb]
One of the key texts of the modern restorative justice movement. This version is adapted - with boxes inserted into the main text - with some practical examples and relevance to Pakistan / Afghan cultures & ‘high context’ cultures (largely homogenous cultures with a strong reliance on mutually understood internal frames of reference).

'Towards Understanding Pukhtoon Jiirga: An indigenous way of peacebuilding and more', Hassan M. Yousufzai & Ali Gohar, Just Peace International [no date] [Pdf 1.9Mb]
First documentation on the Jirga dispute resolution system in the Pukhtoon belt of Pakistan and Afghanistan. Outlines the structures, processes and cultural context and poses questions on the way forward. This is an interesting document to assess whether traditional justice systems can brought into line with international human rights standards. However, it should be noted that, in the current context, the 'Jirga' system does not comply with such standards. [References to 'community' through the document refer exclusively to 'men'].
 
Bangladesh
'Gaining Respect: The voices of children in conflict with the law - A contribution to the UN Study on Violence against Children from the International Save the Children Alliance', Save the Children 2006 [Pdf 411kb]
Report of a study exploring the opinions of groups of children who are at risk of, have been, or are in conflict with the law, and recording their recommendations for developing better and more effective justice systems and approaches to children who come into conflict with the law. Includes feedback from children in Bangladesh, Bosnia and Herzegovina, Ethiopia, Honduras, the Philippines, Tajikistan and Uganda. Includes findings and recommendations relevant to diversion and alternatives.

'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices. 
 
Bhutan
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country
Profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices. 
 
India
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country
Profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices. 
 
Indonesia
'‘Traditional’ Justice Systems in the Pacific, Indonesia and Timor-Leste', Sinclair Dinnen for UNICEF PNG, April 2009 [Word 230kb]
Provides a broad introduction to ‘traditional’ justice as it operates in Papua New Guinea; Fiji; Solomon Islands; Vanuatu; Kiribati; Samoa; Indonesia; and Timor-Leste. Touches on characteristics, strengths and weaknesses, interface between formal and traditional systems, strategies for engaging with non-state systems, children’s and young people’s rights. 
 
Malaysia
'Non-Custodial Sentencing Options in Malaysia', Runjit Singh a/l Jaswant Singh, International Juvenile Justice Observatory [no date] [Pdf 47kb]
Comprehensive overview of the existing non-custodial measures used in law enforcement. 
 
Maldives
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country
Profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices. 
 
Nepal
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country
Profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices. 
 
Pakistan
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices.

'The Little Book of Restorative Justice', Howard Zehr with Ali Gohar, 2003 [Pdf 762kb]
One of the key texts of the modern restorative justice movement. This version is adapted - with boxes inserted into the main text - with some practical examples and relevance to Pakistan / Afghan cultures & ‘high context’ cultures (largely homogenous cultures with a strong reliance on mutually understood internal frames of reference).

'Towards Understanding Pukhtoon Jiirga: An indigenous way of peacebuilding and more', Hassan M. Yousufzai & Ali Gohar, Just Peace International [no date] [Pdf 1.9Mb]
First documentation on the Jirga dispute resolution system in the Pukhtoon belt of Pakistan and Afghanistan. Outlines the structures, processes and cultural context and poses questions on the way forward. This is an interesting document to assess whether traditional justice systems can brought into line with international human rights standards. However, it should be noted that, in the current context, the 'Jirga' system does not comply with such standards. [References to 'community' through the document refer exclusively to 'men'].
 
Philippines
The Philippines: Guidelines for a Community-Based Diversion and Prevention Programme for Children in Conflict with the Law, FREELAVA and Save the Children UK, 2005 [Pdf 1.92Mb]
Very useful, clear and detailed guidelines (48 pages) on how to implement community-based programmes, with an emphasis on a restorative justice approach. Includes information on the structure and personnel involved and a detailed description of the programme process.

The Philippines: Back on Track: Making Community-Based Diversion Work for Children in Conflict with the Law - A Documentation of FREELAVA’s Experience in Cebu City, Philippines, Save the Children UK, 2005 [Pdf 2.72Mb]
Documents a preliminary study of the FREELAVA project (200 pages). Includes: city context and profile of children involved; overview of implementing NGO; outline of the programme (including useful flowchart p.69); preliminary assessment of the programme; 5 detailed case studies of children; 'what makes community-based diversion work' (p.162); recommendations.

The Philippines: 'Guidelines for Social Workers in the Handling and Treatment of Children in Conflict with the Law', Republic of the Philippines, Department of Social Welfare and Development, June 2007 [Pdf 4.3Mb]
Official guidelines for Department of Social Welfare. Juvenile Justice and Welfare Act 2006 requires a SW assigned to each CICL. Strong role of SW in assessment & diversion. Document outlines detailed guidelines for SWs – including criteria for diversion and case management steps.

The Philippines: 'Guidelines in the Conduct of Diversion for Children in Conflict with the Law', Republic of the Philippines, Department of Social Welfare and Development, April 2008 [Pdf 11.9 Mb]
Official guidelines for Department of Social Welfare. Outlines diversion process in detail, including flowchart on page 6, steps involved, roles of different institutions & a series of Annexes: A. Phases & processes of mediation; B. Guidelines in interviewing children; C. Protocols in conducting diversion proceedings; D. Forms of diversion programmes; E. Diversion contract (in Filipino & English); F. Certification of failure of diversion proceedings (CICL does not agree, or diversion is not appropriate); G. Diversion programme monitoring form; H. Certification of failure of diversion (failure to comply with diversion contract); I. Diversion programme terminal report; J. Diversion process reporting format. [Warning: large file size]

The Philippines - 'Indigenous Administration of Justice and its Impact on the Protection of Children: The Tagabawa-Bagobo and Subanen Experience', Save the Children UK, 2006 [Pdf 1.32Mb]
Case study of how two indigenous communities in Northern and Southern Mindanao handle offences committed by children and young adults and how indigenous systems can contribute to the development of a more systematic approach in diverting children in conflict with the law. Provides: a profile of the study communities (including the status of women and children); an overview of indigenous governance, contemporary practices and strengths and weaknesses; case studies involving children as victims/survivors and in conflict with the law.

'Gaining Respect: The voices of children in conflict with the law - A contribution to the UN Study on Violence against Children from the International Save the Children Alliance', Save the Children 2006 [Pdf 411kb]
Report of a study exploring the opinions of groups of children who are at risk of, have been, or are in conflict with the law, and recording their recommendations for developing better and more effective justice systems and approaches to children who come into conflict with the law. Includes feedback from children in Bangladesh, Bosnia and Herzegovina, Ethiopia, Honduras, the Philippines, Tajikistan and Uganda. Includes findings and recommendations relevant to diversion and alternatives.

'Justice for Children: Detention as a Last Resort - Innovative Initiatives in the East Asia and Pacific Region', UNICEF East Asia and Pacific Regional Office [no date] [Pdf 2.12Mb]
Chapter 3 on 'Diversion and restorative justice' contains 4 project examples: 1. Community-Based Prevention and Diversion Programme – Cebu City, Philippines; 2. Police ‘Youth Aid Diversion’ Project – New Zealand; 3. The Restorative Justice Programme – Palau; 4. Community-Based Programme and Services for Juveniles in Conflict with the Law – Quezon City,  Philippines.
 
Sri Lanka
'Juvenile Justice In South Asia: Improving Protection for Children in Conflict with the Law', UNICEF Regional Office for South Asia, 2006 [Pdf 528kb]
Report assessing the progress made by South Asian countries in meeting CRC obligations for children in conflict with the law. Part 1 offers a snapshot of the situation across the region. Part 2 provides more detailed Country profiles for: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan & Sri Lanka. Both parts contain information specific to diversion and alternatives. Annex 1 contains a regional comparative chart based on the Implementation Checklist contained in UNICEF's Implementation Handbook for the CRC, and Annex 2 contains brief descriptions of selected international promising practices. 
 
Timor Leste
'‘Traditional’ Justice Systems in the Pacific, Indonesia and Timor-Leste', Sinclair Dinnen for UNICEF PNG, April 2009 [Word 230kb]
Provides a broad introduction to ‘traditional’ justice as it operates in Papua New Guinea; Fiji; Solomon Islands; Vanuatu; Kiribati; Samoa; Indonesia; and Timor-Leste. Touches on characteristics, strengths and weaknesses, interface between formal and traditional systems, strategies for engaging with non-state systems, children’s and young people’s rights.


 

 

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