Challenges faced by children delinquents in accessing justice in Uganda; case study: Naguru Remand Home

Abstract

The study was conducted to examine the challenges of children delinquents in accessing justice in Naguru Remand Home which is based in Kampala. It specifically sought to examine the nature of crimes/offences committed by the children delinquents at Naguru Remand Home; examine procedural challenges faced by children delinquents in Naguru Remand Home in the due process of accessing justice; examine how these challenges impact on accessing justice; and to establish strategies for improving children access to justice in Uganda The study population was of children delinquencies between the ages of nine to seventeen years. Apart from the children, their care takers including: social workers, administrators, counselors, support staff as well parents, lawyers and government officials. These were selected using simple random sampling and purposive sampling methods. Collection of data was done by qualitative methods that saw the researcher using in-depth interviews and focus group discussions to elicit information from the respondents. A total of 28 children were assessed at Naguru Remand Home. Majority (90%) had not yet accessed justice. This is especially in regard to the fact that there were delays in their being transported to the different courts for the hearing of their cases. All (100%) had significant psychosocial needs presenting as difficulty with their primary support, economic, social environment, or educational systems. The children delinquents in Naguru Remand Home urgently need to access justice. Most of them actually want to return to school as they have been on remand for too long sometimes stretching to periods of up to one year instead of the statutory 6 months The government through the Ministry of Gender, Labour and Social Development needs to intervene especially in the procedural process of enabling these children access justice by for instance ensuring that there is transport for the children to be taken to court for their court sessions. Further the government needs to also intervene through the Ministry of Justice in ensuring that the children have legal representation. The challenges affecting the access to justice by children delinquents need to be addressed as a matter of urgency.