UNICEF, with financial support from the Swiss Government, has launched a new project in Tajikistan called "Ensuring Equal Access of Children to Justice." The project aims to replace criminal responsibility for children with alternative forms, as stated in a press release on the organization's website.
The project, costing $1 million, focuses on developing a system to replace criminal responsibility with alternative forms of corrective measures within the recently adopted "Program for the Reform of the Juvenile Justice System for 2023-2027."
The press release highlights that the main focus is on rehabilitation, education, and reintegration, rather than punishment.
However, there is a lack of mechanisms for replacing criminal punishment that would contribute to restoring justice for victims of crimes and prevent children from acquiring criminal records.
Additionally, the project will align Tajikistan's laws and practices with international standards.
The project will cover 100 schools in all regions of the country and will target adolescents, students, parents, caregivers from at-risk groups, and children in conflict with the law.
Various experts, including judges, law enforcement officials, lawyers, social workers, teachers, and community leaders, will participate in this initiative.
The project will assist the Tajikistan government in mapping existing social service personnel and improving coordination between the legal system and the social welfare system.
It will also enhance the skills and knowledge of law enforcement officials and the justice system regarding the application of international principles of justice that consider children's interests and provide evidence to support the implementation of mechanisms to replace criminal responsibility with other forms of corrective measures.
According to Article 40, paragraph 3, of the UN Convention on the Rights of the Child, "State parties shall seek to promote the establishment of laws, procedures, authorities, and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the criminal law, and, in particular, where appropriate and desirable, the establishment of measures for dealing with such children without resorting to judicial proceedings, provided that human rights and legal safeguards are fully respected."
This article has been further interpreted in other UN documents, such as the "General Comments of the UN Committee on the Rights of the Child," the "UN Minimum Rules for the Administration of Juvenile Justice (1985)," and the "Beijing Rules."
According to these documents, concerning children who have committed a crime or are accused of committing a crime, the so-called "diversion from the formal justice system" procedure is applied.
This involves working with the child at the community level, addressing anger management, developing communication skills, crafts, working with a psychologist, and more. Experts believe this diverts from criminal thoughts and provides an opportunity to understand the seriousness and consequences of their actions.
It also helps the child avoid negative consequences, including falling behind in education, socialization issues, employment, stigma, and more.
However, as UNICEF notes, "diversion" is applied not to all types of crimes, but only to minor and moderate offenses.
From March 25 to 29, 2024, an interdepartmental working group at the Ministry of Justice of Tajikistan visited Georgia to study their experience in this area," UNICEF informed.
"We intend to develop a Concept that should provide for special diversion methods for children. The experience of other countries, such as Georgia, shows that we should tailor activities to the child's interests, rather than the other way around," UNICEF pointed out.
This means psychologists and social workers assess and determine the child's interests, which could include crafts, appliance repair, anger management sessions, reading and book discussions, painting, music, and more.
"The range of these activities is not limited; it all depends on the availability and the child's interests. Sometimes, organizing a meeting with a celebrity (for example, an athlete, musician, religious figure, etc.) can have a positive effect," experts from the organization added.
UNICEF in Tajikistan collaborates with an interdepartmental working group. One of its tasks is to map such services across the republic.
"Mapping will help us determine the existing services locally (extra classes, clubs, drawing, music, sports). According to international standards, services should be as close to the child as possible.
Regarding specialists, in this case, it all depends on individual cases. According to international practice, information about the child (about their conflict with the law) should be confidential to prevent potential stigmatization. Technical sessions with children can be conducted collectively with other children or individually, as noted by the UNICEF.
These sessions can be formal or informal. "We consider formal ones to be those clubs within state structures. Informal ones include masters of traditional crafts, for example, or technicians for repairing cars, phones, and equipment, of which, we hope, there are many across the republic," the organization explained.
