Safeguarding Our Future: The Injustice of Detaining our Precious Children After Protests

Source: https://www.hrw.org/

Story

In the wake of the #EndBadGovernance protests, a disheartening situation has unfolded. Among the hundreds of protestors arrested were minors—children whose lives now hang in the balance, caught in a legal web that fails to recognize their rights. As many as 28 children under the age of 18 have been detained, facing charges that include terrorism and treason. Some were picked up merely for being present during the protests, not because of any demonstrable participation in criminal activities. These minors, many from vulnerable backgrounds, are now at risk of being caught in Nigeria’s criminal justice system, a place they should never have been in the first place.

The remand of these children highlights a grave miscarriage of justice. It raises important questions about Nigeria’s adherence to international and national laws concerning child protection, particularly the Child Rights Act of 2003, Juvenile Justice principles, and the Administration of Criminal Justice Act (ACJA) of 2015.

Senses: Child Safeguarding and Protection Principles

The principles of child safeguarding and protection, as emphasized by global standards and Nigeria’s Child Rights Act, call for the protection of children in all situations. Section 1 of the Child Rights Act underscores that in all actions concerning children, whether undertaken by a court or any institution, the best interest of the child must always be paramount. These arrested minors, now remanded under harsh and unsuitable conditions, are being denied this fundamental right.

The Administration of Criminal Justice Act (ACJA) allows for remand but imposes clear limitations, detention beyond 14 days requires a justified extension. However, these children are being held for 60 days without the protection of their rights, a direct violation of Nigeria’s criminal justice laws and international human rights standards.

Moreover, juvenile justice is rooted in restorative rather than retributive principles. The concept of diversion, a key tenet of restorative justice, focuses on rehabilitating minors, guiding them away from formal criminal proceedings to measures that are more appropriate for their age, maturity, and circumstances.

Stones: Child Safeguarding and Protection Lessons for Parents, Government, and Society

For Parents:
This incident serves as a wake-up call for parents to be more vigilant in ensuring the safety and protection of their children. While children have a right to express their views, they must also be protected from environments where their safety may be compromised. Parental guidance is crucial in navigating the thin line between civic engagement and personal safety.

For Government:
The government must review its approach to managing civil unrest, particularly when children are involved. Detaining minors for long periods without a fair trial violates their rights and is counterproductive to any goals of justice. The government must implement diversion strategies in line with restorative justice principles, ensuring that children are treated with compassion and fairness in the criminal justice process. Rather than criminalizing their presence at protests, efforts should be made to understand the underlying social and economic issues that led them there in the first place.

For Society:
As a society, we must recognize that children are the most vulnerable among us. The detention of minors under harsh conditions reflects poorly on the collective responsibility to uphold their welfare. Society must stand as a protective shield, advocating for justice, and ensuring that the best interest of children is respected in all legal, social, and political spheres.

Conclusion

The continued detention of minors in connection with the #EndBadGovernance protests is an alarming breach of child rights, Nigerian law, and international conventions. The Nigerian justice system, in this case, has leaned too far into punitive measures, failing to apply the child-centered principles enshrined in its own laws. This incident serves as a reminder of the necessity of upholding the best interests of children in all situations and the importance of implementing restorative justice, especially for minors.

By focusing on restorative rather than retributive justice, Nigeria can ensure that these children are not robbed of their futures for merely being present during a protest. It is time for the government to honor its legal obligations and release these minors, prioritizing their safety, welfare, and rehabilitation in the process. Only then can we truly say that the children of Nigeria are protected, even amidst turmoil.

Read more about the story here: https://childreninfobank.com/safebank/nigeria-court-orders-remand-of-28-underage-tens-of-other-protesters-over-alleged-terrorism/

Source of image:https://punchng.com/