Child detention to be used as ‘last resort’ in new policy

The justice ministry has introduced a new national plan that ensures greater use of non-custodial measures for children accused of offences, so that detention is used only as a last resort. In Rwanda, children aged between 14 and 18 can be held criminally responsible for offences they commit. However, authorities are now working to ensure limited use of punitive measures, especially detention. ALSO READ: Juvenile cases doubled in past four years – lawyers’ association Speaking during the launch on June 23, Théophile Mbonera, Permanent Secretary at the Ministry of Justice, said the plan establishes a structured national approach to handling children's cases outside the formal criminal justice system whenever circumstances allow. According to him, such an approach is not intended to remove accountability, but to make responses more constructive and appropriate to the children’s stage of development. Under the model, children can be directed to interventions such as mediation, counselling, psychosocial support, mentorship, education support, vocational training and other community based rehabilitation programmes. Mbonera said decisions under the framework will consider factors including family environment, educational background and rehabilitation needs. He noted that the initiative also seeks to improve coordination among institutions involved in child protection and justice, including investigators, prosecutors, the judiciary, social services and local authorities. ALSO READ: Juvenile justice speaks loud and clear for children’s rights The framework follows consultations with justice actors and research that identified gaps and capacity constraints in handling children’s cases outside formal court processes. William Ndengeye, Senior State Attorney at the Ministry of Justice, said detention should increasingly become a measure of last resort for children. “This framework gives children an opportunity to continue with school or other programmes that prepare their future while still ensuring accountability,” he said. ALSO READ: Juvenile justice speaks loud and clear for children’s rights The diversion programme will initially be operationalised through pilot implementation in five districts before wider rollout. Lieke van de Wiel, UNICEF Representative in Rwanda, said the country has made significant progress in aligning its legal framework with international child rights standards, but implementation remains the next frontier. “All laws and regulations are aligned to the Convention on the Rights of the Child, which is important. The challenge is always turning policy into consistent practice,” she said. Judiciary spokesperson Harrison Mutabazi said the judiciary is continuing to put in place child friendly practices aimed at making court processes less intimidating for minors. The approaches previously introduced in this regard include the limited use of judicial robes during children’s hearings to create a more comfortable environment and encourage children to engage more openly during proceedings.

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Child detention to be used as ‘last resort’ in new policy