Child Poverty in Mozambique. A Situation and Trend ... - Unicef

The main and underlying reason identified in the 2003 study for children being in
conflict with the law was poverty, although a number of additional reasons were
given, including a decline in moral values, increased access to violent films, the
breakdown of families, lack of education and lack of employment.
The 2003 study found that an effective institutional framework to support the
enforcement of international and national laws relating to the protection of children
was not in place at any stage of the legal process. For example, there is currently
only one ‘Tribunal de Menores’ (children’s court), in Maputo city and none in any
other province. There are also very few provisions for restorative, rather than punitive
justice, and no rehabilitative or correctional facilities for children and young people,
which would enable them to gain training and skills to reintegrate successfully into
society. It was noted in the study, however, that some of the children were detained
in so-called ‘open prisons’, which offered increased opportunities for productive
activities to support inmates in re-integrating and assuming a constructive role in
society.
The 2004 legal review highlighted many of the prevailing problems with the current
system for children in conflict or in contact with the law, relating to both the
legislation in this area and the mechanisms for its enforcement:
• The 1971 legislation (the SJAM, decree 417/71) providing for civil jurisdiction
and the application of measures of protection, assistance or education by civil
courts and juvenile courts, is widely inapplicable in the country and is not fully
compliant with international child rights standards;
• There are currently no institutions or programmes for children aged below 16
years (the minimum age of criminal liability) and the authority with jurisdiction
over children in conflict with the law below 16 (Tribunal de Menores) has limited
powers and scope to deal with such children;
• Children aged above 16 years are not dealt with in a separate system from
adults and imprisonment is a frequent recourse for punishment;
• No ‘diversion’ system appears to have been established as yet, either for
younger children or for those aged 16 and 17 years (Sloth-Nielson and
Gallinetti, 2004: 51). 61
Reaffirming the findings of the 2003 study, the 2004 review found that children’s
rights during detention in police custody and in prison were frequently violated, with
children being detained for lengthy periods without being brought before a court and
being arrested for petty offences, such as a failure to be in possession of personal
identification documents.
The forthcoming Children’s Act is intended to address many of the concerns raised in
regard to the juvenile justice system. The Act reaffirms the minimum age of criminal
liability as 16 and outlines in detail the principles and procedures to be followed in
order to ensure that the rights of children in conflict with the law are upheld, including
both those under the age of 16, who are presumed under law to be incapable of
committing offences, and those aged 16 and 17. The Act also proposes non-punitive
measures, including the issuance of reprimands, the obligation to repay damages
and community service (GoM 2006c). While the development of the Children’s Act
is a positive development, it is clear, however, that considerable efforts should be
made both to strengthen and expand the institutions responsible for enforcing the
provisions of the new Children’s Act and to ensure increased coordination between all
of the organisations working in this area.
61 Diversion is the referral of a child away from formal court processes, which means that the child does not suffer the stigmatisation inherent
about appearing in court, nor does the child acquire a criminal record.
CHILDHOOD POVERTY IN MOZAMBIQUE: A SITUATION AND TRENDS ANALYSIS
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