Toolkit on Diversion and Alternatives to Detention

Africa

• Ethiopia
• Malawi
• Namibia
• Nigeria
• South Africa
• Uganda
 
Ethiopia
'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. 
 
Malawi
Malawi factsheet on diversion of children in conflict with the law, UNICEF Malawi [Pdf 303kb]
Public information leaflet on diversion. Includes: situation of children in prison, simple definition of diversion, selecting a diversion programme for a child, advantages of diversion, list of offences not suitable for diversion (under the 2006 Child Bill) & list of diversion options.

Malawi factsheet on Child (Care, Protection and Justice) Bill 2006, UNICEF Malawi - FULL version [Pdf 415kb]
Public / general info leaflet on Malawi Child (Care, Protection and Justice) Bill 2006. Includes diversion as an option, restorative justice & non-labelling of ‘juvenile offenders’; sentencing no longer sends children to prison but to ‘reformatory centres’.

Malawi factsheet on Child (Care, Protection and Justice) Bill 2006, UNICEF Malawi - SUMMARY version [Pdf 448kb]
Summary version of the full factsheet.

'Diagram on proposed new legislation 2005' [Ppt 29kb]
Powerpoint slide showing a flowchart for diversion, illustrating at what stage a child may be diverted and by whom.

Risk factors for crime, Tamburai Muchinguri, Malawi [Ppt, 76kb]
Simple explanation of risk factors bringing children into conflict with the law with lists of examples categorized into: individual, family, school, peer group, community. [This should be considered alongside 'resiliency factors'].

Malawi checklist for diversion processes [Word 38kb]
Concept note for a workshop to develop a common understanding among all stakeholders (NGOs, Magistrates, Prosecutors, Probation Officers and Paralegal Officers) of all the processes that are involved in diversion [no dates or other information available provided]. Includes checklists of questions to think about when developing processes, e.g.: assessment, referral system, contracts to be signed by the child, report writing and data collection forms.

Malawi MOU between National Juvenile Justice Forum and Youthnet and Counselling (YONECO) NGO [Word 40kb]
Sample MOU between two organisations to implement and facilitate diversion programmes for children in conflict with the law as well as children at risk of offending.

Malawi introduction letter for a child entering a diversion programme [Word 22kb]
Sample letter with blanks to fill in organisation name, dates & other details, encouraging the child to commit to the project as well as giving practical details.

Malawi referral letter from court to NGO implementing diversion programme [Word 28kb]
Sample letter with blanks to fill in the details of the child and NGO to which the court is referring the child for diversion.

Malawi report from NGO implementing diversion to court on child's completion of diversion programme [Word 26kb]
Sample report form from NGO to court on completion of diversion programme and recommendations to the court on the course of action to be taken next.

Malawi register of children screened for diversion [Word 30kb]
Register of children undergoing diversion programmes: to be kept by Prosecutors, Paralegal Officer, Probation Officers and Juvenile Justice Officer. 1-page record including name, age, address of child, court & docket case numbers, investigating officer, charge(s), reason for diversion, comments of Probation Officer and manner of disposal.

Malawi psycho-social report to assess and recommend child for diversion [Word 34kb]
Sample psycho-social report form to be filled out by Probation Officer, Paralegal Officer or Juvenile Justice Officer on the request of a court. Includes space for the author to recommend specific diversion programmes.
 
Namibia
'Case Study: 'Diversion' Programmes in Namibia', Doris Roos, Coordinator of the Legal Assistance Centre's Juvenile Justice Programme - presentation at the Eighth Innocenti Global Seminar: 'Children Involved with the System of Juvenile Justice', 12 - 22 October 1997 [Word 49kb]
Description of diversion in Namibia as of 1997 [please note that this document is old and the situation on the ground is likely to have changed]. 
 
Nigeria
Guidelines for establishing diversion programmes in Nigeria, Jennifer Pothier for UNICEF Nigeria 2004 [Word 128kb]
Guidelines (collated from manuals and project examples from around the world) to help guide the planning of diversion programmes at national and local levels.

UNODC (Nigeria) 'Training Manual on Alternative Dispute Resolution and Restorative Justice', October 2007 [Pdf 292kb]
Contains sections on: Overview and context for ADR; ADR under Nigerian law; Approaches to negotiation - links between negotiation and mediation; Introduction to mediation; Mediator skills; Advanced mediation skills; Why restorative justice?; Overview of the concepts and models; Designing an ADR and RJ system in Nigeria; Evaluating the judiciary for ADR and RJ. Material is presented as straightforward information rather than as a series of training exercises. Not specific to children.
 
South Africa
‘Reforming Child Law in South Africa: Budgeting and Implementation Planning’, Ann Skelton for UNICEF Innocenti Research Centre, reprint 2009 [Pdf, 268kb]
Excellent documentation of the process of costing the South African Child Justice Bill and Children’s Bill plus additional information about law reform processes in general.

South Africa - 'Re-Costing the Child Justice Bill: Updating the original costing taking into consideration changes made to the bill', Conrad Barberton & John Stuart, AFReC, May 2001 [Pdf 449kb]
Detailed technical documentation of the costing of the South African Child Justice Bill.

'NICRO Diversion Options', L.M. Muntingh and R. Shapiro (eds), National Institute for Crime Prevention and the Rehabilitation of Offenders (NICRO), 1997 [Pdf 174kb]
Detailed, step by step information on each of the 5 NICRO diversion programmes (Youth Empowerment Scheme (YES), Pre-Trial Community Service, Victim-Offender Mediation, Family Group Conferencing & The Journey).

'The Effectiveness of Diversion Programmes - a Longitudinal Evaluation of Cases', L. M. Muntingh, National Institute for Crime Prevention and the Reintegration of Offenders, South Africa, May 2001 [Pdf 494kb]
Longitudinal view of South African diversion programme participants from various parts of the country in both rural and urban settings.

South Africa - 'Prosecutorial Attitudes Towards Diversion', L.M. Muntingh, National Institute for Crime Prevention and the Reintegration of Offenders, South Africa, 1998 [Pdf 358kb]
Report examining the extent to which prosecutorial discretion influences decisions on diversion, and the systems or guidelines that should be put in place to facilitate the expansion of diversion.

'Transforming the youth and child justice system', Ann Skelton, 2002' [Word 54kb]
Paper outlining progress made in the field of juvenile justice in South Africa since 1994. Provides an introduction to the Child Justice Bill, activities undertaken to prepare for its implementation, and progress made in practice in areas such as pre-trial detention.

Uganda
Uganda -'Role of the police under diversion: an assessment, successes and failures', Asan Kasingye, Commissioner of Police/Community Affairs [no date] [Pdf 24kb]
Brief article on the purpose of diversion, the powers of the police under the Children Act and successes and failures in this area.

'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.


 

 

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