BYOUNIQUE Malawi Child Justice System Program

Content Introduction Objectives Background Project description Planning Organization Costs, revenues and funding Reporting & Control Risks and measures

Introduction Byounique is a Dutch-Malawian social enterprise specializing in personal development projects in a wide number of settings for young people in conflict with the law. This document describes the guidance project that Byounique will start in Southern-Malawi in the Young Offenders Prison, Mikuyu to help prepare the young people in these institutions to re- integrate into society. Byounique starts this project because it is convinced that a good re-integration gives the young people a chance for a better future and serves the community by reducing recidivism and re- offending. The guidance project is part of a larger program that Byounique will start in Malawi aimed at helping to reach the goal of a restorative and rehabilitative Child Justice System.

Objectives Execution of a Guidance Program for boys in Mikuyu Young Offenders Prison. Delivery of a feasibility study on a Resocialization Program for young offenders in Malawi, including vocational skills training, internships, job opportunities, entrepreneurship and self-sustainability. Delivery of a detailed Implementation Plan for the Resocialization Program. Identification of Practical Improvements needed in Mikuyu. Delivery of an Implementation Plan for these improvements. Awareness building in the community on the Child Justice System.

Background: MALAWI By signing and ratifying several international human rights documents, the Malawian government has committed itself to the promotion and protection of child’s rights. In the Constitution of the Republic of Malawi, the government aspires to advance Child Justice and Penal Reform, wanting to adopt a restorative and rehabilitative approach to child justice. In July 2010, the Malawian government has accepted the Child (Care, Protection and Justice) Bill, aiming to increase the Care and Protection for children and young persons in Malawi. The challenge in Malawi is to make sure that what is set out in formal laws and policies is actually implemented.

Background: U.N. Convention At least all children and young persons in conflict with the law in Malawi should be treated by the guidelines set out in the UN Convention on the Rights of the Child. In article 37, the Convention states on children in conflict with the law: a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Background: NGO’s Several local NGO’s are trying to help to improve the Child Justice System. Examples are Eye of the Child, YONECO and CCC Trust, who works directly in the Young Offenders Prisons. None of them focuses merely on the Child Justice System.

Background: Young Offenders Prisons Young offenders in Malawi are detained in poor conditions and efforts to prepare them for re-integrating in society on release are limited: Young Offenders Prisons: facilities are built for 60 boys while there are 350 boys staying there. There is a lack of food, water, hygiene, medical support and legal support. There is no possibility for the boys to prepare themselves for life after imprisonment. The necessities like education, skills training or guidance at reintegration are lacking. The sentences of the boys are long and often the boys are imprisoned without any sentence (they are on remand). There is no real evaluation system to see if a boy has changed and could qualify for probation or release. There is hardly any contact with the families. Boys do not really know if they are welcomed home, families are not prepared for the return of a boy.

Project Description: Guidance Program Byounique will offer guidance to boys in Mikuyu, who re- integrate into the community. For a period of 12 months a trained team of social workers will:  visit the boys in Mikuyu to discuss and, if needed, revise their plans for the future,  visit the families of the boys to see if and how they can support the boys,  identify important others in the community that can support the boys and their families while returning home, like chiefs, teachers, peers, companies, etc.  invite the family at least 1 time to Mikuyu to meet their son and to see the circumstances in which he has lived,  take the boy home or closest to home possible after release,  follow-up for a period of 6 months to see how the boy is doing,  organize 2 return activities a year to Mikuyu where boys that have left can advice the boys remaining on life after discharge and could be linked to boys soon leaving as (voluntary) mentors.

Project Description: Resocialization Program The feasibility of a Resocialization program will be studied by mapping the needs, the strengths and weaknesses of: the boys, their families, the community and the government Various fields will be covered in the study, like: education, training, living, internships, work projects earning- and savings projects, legal procedures Together with NGO’s, Governmental departments, Companies and other local stakeholders in the community a detailed Implementation Plan will be made, including the costs and timelines to realize and implement the Resocialization program.

Project Description: Practical Improvements Practical improvements in Mikuyu will be mapped by: Interviewing boys, social workers, wards, directors, and NGO’s to get a good idea of the most useful and necessary improvements in the prisons. Asking quotations of local or international (building) companies and suppliers for the realization and maintenance of the proposed improvements Together with international and local organizations and companies a detailed Implementation Plan will be made including the costs and timelines to realize and maintain the improvements.

Project Description: Awareness building Awareness building activities will be carried out in 2 areas: 1. Activities related to the guidance project and the implementation plans 2. Fundraising activities The community and responsible professionals will be informed on the situation in the Young Offenders Prisons; the Reformatory Centres and of the Child Justice System. The community and the professionals are invited to take responsibility to create necessary improvements by donations, volunteer work or supporting the work of Byounique in petitions or other advocacy activities, The community and the professionals will be informed on the positive results following the improvements, for the boys and the community, both socially and economically.

Planning: subprojects Guidance ProgramResocialization ProgramAwareness buildingPractical improvements Expansion to other Young Offenders Prisons, Reformatory Centers, creation of a girls centre, diversion, capacity building

Planning: activities CodeActivityStartFinishMonth 1Month 2Month 3Month 4Month 5Month 6 GuidLegal and practical preparations GuidRecruit social workers GuidMethodical preparations GuidTeambluiding and coaching GuidIndividual guidance GuidFamily visits GuidGroup counselling GuidExit activities GuidPrepare follow-up GuidEvaluation and improvements AwarPreparation activities and media AwarHuman Rights Day and Christmas AwarPrepare lectures AwarLectures schools-companies AwarActivity families visit Mikuyu AwarActivity exit AwarPublicity newsletter, media AwarImplementation plan 2012 ResocRetrieve information from all stakeholders ResocMapping legal and official procedures ResocInvolve companies ResocInvolve educational institutes ResocInvolve local NGO's and others ResocImplementation plan 2012 PracRetrieve information from all stakeholders PracMapping legal and official procedures PracInvolve local and international companies PracImplementation plan 2012 PMMeetings with stakeholders PMMeetings with Board of Trustees PMRecruiting new projectmanager PMOfficial evaluation project PMFinal project proposal 2012

Organization Board of Trustees DirectorProject ManagerSocial workers Fund raising & Communication Finance & Control

Costs, Revenues and Funding Non-financing: (Cash Out) Expenditures: Fixed assets Computers, phones, Operating expenses Salaries, office, transport, communication, specialists, unforeseen Fundraising activities (Cash In) Revenues Training of other NGOs, sales, office Fundraising revenues (Balance) Net Cash Flow Financing In cash In kind

Reporting & Control According to international standards, a minimum of 75% of the money donated is spent immediately on project-activities. A maximum of 25% is spent on fundraising-activities. According to international standards, there will be full disclosure. Quarterly financial reports will be published on the internet. The project manager reports on a monthly and quarterly basis to the Board of Trustees and head of Finance & Control (F&C). Finance & Control is responsible for monitoring the cash flows and reporting. The roles of head of F&C and project manager will not be combined in the same person

Risks and measures RiskChanceImpactMeasure Not able to find experienced social workersHigh Ample research as of April 2011, train good employees ourselves Social workers do not perform well and need to be replaced HighMediumTimely evaluation of the probation period, making a file with data of good candidates at the recruitment Social workers leave after 1 year work experience and training MediumHighCommitment of 3 years contract or else payback of training budget Conflicts of interests with partners or governmentMediumHighClear agreements signed on paper that are evaluated on a regular basis Youth Offenders Prisons or Reformatory Centres are closed or moved or overcrowded LowHighAgreements with the government on paper Families do not co-operate or do not have a possibility to take in a boy LowMediumThink about alternative living spaces for boys that leave the facilities Boys and families expect financial support from Byounique HighMediumBe clear that this is not an option and guide the boys and families to other means or solutions. The society is opposed to the chances offered to the boys Medium Be very active in awareness building projects and involve society as much as possible in the projects Money is taken by team members, wards, suppliers, guards, or others High Very strict rules about money responsibilities and strict bookkeeping by the project manager and treasures. Fines or dismissal depending on the situation Materials are used for personal use: car, phone etcHighMediumAgain very strict rules about use and bookkeeping, fines or dismissal.