Children in Prison in South Africa - Community Law Centre

In addition, figures obtained from the Departmentof Correctional Services reflecting the number ofchildren in prison on a single day, show a 51,9%increase in the number of children sentenced toterms of imprisonment from 896 in July 1996 to .1361 in September 1997.By contrast to the high number of juveniles in prison,it needs to be noted that NICRO, which runs formaldiversion programmes for juvenile offenders, hasindicated that the total number of children who werereferred to the YES programme,'pre-trial communityservice and other options offered by the organisationfor the year 1996 was 4421, less than half the number(9893) sentenced to imprisonment that year.There has been a similar substantial increase in thenumber of children awaiting trial in prisons. On 31stDecember 1996, there was a total of 604 childrenawaiting trial in prisons. By 30th September 1997this figure had almost doubled to 1182 children.FIGURE 5NUMBER OF CHILDREN AWAITING TRIAL INPRISONSSEPTEMBER 1996 - SEPTEMBER 1997will comply with international law and South Africa'sinternational commitments following ratification of theUN Convention on the Rights of the Child (1989), inpractice children are being incarcerated at an everincreasing rate. Given the conditions under which mostchildren are held, there is little hope of rehabilitationor educational and vocational development takingplace, especially if most children are destined toserve short sentences. Clearly, the focus needs toturn to diversion options, where at all appropriateand possible, and to better utilisation of alternativesentencing options.It is often said that prison is no place for a child.Despite commendable individual efforts by officials atall levels of the system, many of prisons visited' by theresearchers on this project are dehumanising placesand must, by their very nature, produce hardened,bitter children without faith in the goodness of society.And yet, disturbingly, what happens fn these places,-their very disorder and cruelty, is largely hidden fromview.This is why this survey has been important, becauseit opens the window just a little on what really happensto the children we send to prison: It provides a hint ofwhat life is really like for those who society is tooinclined to throw away. And in doing so, it may justbreed the realisation that what is required is a gentlerapproach - an approach which seeks to'restore, torehabilitate and to save our children from the crimeinto which they are, too-often, driven by the povertyand disadvantage of their lives.The sharp increases in imprisonment of children,both to await trial and to serve sentences must be asource of concern in the new constitutional democracyin South Africa. While policy initiatives and legaldevelopment proceed towards institutional reformand the creation of a new juvenile justice system that