Young people and children in conflict with law – institutional challenges

Implementation of the recommendations of the Human Rights Ombudsman of Bosnia and Herzegovina (BiH) given in the Special Report on Young people and children in conflict with law was the topic of the round table held on 9 December 2013 in Sarajevo.

Invitation for a dialogue was sent to all relevant institutions that the recommendations from the special report refers to, and most of these institutions accepted the invitation, including BiH Ministry of Human Rights, BiH Ministry of Justice, penal and correctional institutions, representatives of judiciary... Progress in Implementation of the recommendations from the special report, examples of good practices and future activities with regard to implementation of the recommendations were the main topics of the round table.

Human Rights Ombudsperson of BiH Jasminka Dzumhur stated that recommendations from the report generally refer to the fact that there were minors and adults in execution of criminal sanctions together. There were a lot of complaints related to access to health protection, education, work therapy, occupation programs, lack of professional staff. "That was especially present in the field of psychological issues. We noticed there are no programs of permanent education of persons who are engaged to work in institutions where children who have conflict with the law are placed", said Dzumhur.

A year after issuing recommendations to institutions, there has been a significant implementation of recommendations, especially those which refer directly to institutions. "That means that institutions which have specific management, have its hierarchy are much more organized and ready to face the challenges. They use our recommendations as a guide, unlike institutions of authority which must provide some systemic solutions, especially when ministries of justice are concerned", said Dzumhur.

Save the Children in North West Balkans Programme Director Ahmed Pjano said that the organisation realized it was necessary to establish a dialogue with all participants in the process for full affirmation and implementation of recommendations Ombudsman Institution gave in the area of children's rights. He said that the roundtable will show which recommendations have been implemented, and what needs to be done in the upcoming period for recommendations to be fully implemented.

Director of the Cantonal public institution Disciplinary Centre for Minors Sarajevo Samir Suljagic said that report of the Institution of Ombudsman serves as a corrective to the Disciplinary Centre. "To see during the year possible mistakes, possibilities we can use based on capacity we have at our disposal, to improve the program for minor offenders, or to create some additional infrastructure to fulfil mandatory activities stipulated by law", said Suljagic.

The Institution of Ombudsman with support of Save the Children conducted a survey in 2012 with primary intention to review general situation of children in the juvenile justice system and to draft a report on implementation of the rights guaranteed by the Convention on the Rights of the Child other international standards and national regulations in the field of criminal law.

This survey has resulted in preparation of a special report on Youth and Children in Conflict with Law, including recommendations issued to the competent authorities and institutions.