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 resocialization project that Byounique
executes in Mikuyu Young Offenders Prison, to help prepare the
young people in this institution to re-integrate into society.

Byounique executes this project because it has been proofed that
resocialization programs help in reducing the chances on recidivism.

Our project serves both the boys and their families and the
community as the boys after their release will use their unique
qualities to contribute to society in a positive way.

The resocialization project is part of Byouniques’ larger program in
Malawi aimed at creating a truly restorative and rehabilitative Child
Justice System.
Objectives 2012

Execution of a resocialization project for boys in Mikuyu Young
Offenders Prison.

Delivery of a feasibility study on a broader Resocialization Program
for the boys at Mikuyu, including vocational skills training,
internships, job opportunities, entrepreneurship and selfsustainability.

Delivery of a detailed implementation plan for the Resocialization
Program.

Identification of Practical Improvements needed in Mikuyu.

Delivery of an implementation plan for these Practical
Improvements.

Awareness building in the community on the Child Justice System.
Our activities
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

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 helping
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.

By doing this, Byounique serves
as an umbrella organization on
Child Justice.
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 are overcrowded and facilities are not able to serve
these number of boys.

There is a lack of food, water, hygiene, medical support and legal support.

The sentences of the boys are long and often the boys are imprisoned
without any sentence (they are on remand).

There is no working evaluation system to judge if a boy has changed and
could qualify for probation or release.

There is hardly any contact with the families. Boys do not know if they are
welcomed home, families are not prepared for the return of a boy.

There is no possibility for the boys to prepare themselves for life after
imprisonment. The necessities like education, skills training or support at reintegration are lacking.
Poor conditions
Project Description:
Resocialization Project

Byounique offers a resocialization project to the boys in Mikuyu,
to help them re-integrate successfully into the community.

The project start about 6 months before the boys are released and
includes a follow up for at least 6 months.

Our trained team of social workers offers:

Individual counselling on a weekly basis;

Group counselling;

Family counselling;

Community counselling;

Specific support at finding a place to live, job or education;

Follow up care
Counselling
Project Description:
Resocialization Project
 Our trained team of social workers also offers:

Civic education to all boys at Mikuyu every 3 months

Civic education to the staff at Mikuyu every 3 months

Open office to new boys and boys on remand

Small practical improvements

Contacts with other partners like PASI
Improvements & Civic Education
Project Description:
Resocialization Program
•
The feasibility of a Resocialization Program will be studied by mapping
the needs, the strengths and weaknesses of:
•
•
Various fields will be covered in the study, like:
•
•
•
•
•
•
•
•
the boys, their families, the community and the government
education,
training,
living,
internships,
work projects
earning- and savings projects,
legal procedures
Together with NGO’s, Governmental Departments, Companies and
other local stakeholders, Byounique will make a detailed Implementation
Plan, including the costs and timelines to 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, Byounique will make a detailed Implementation Plan
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 resocialisation 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
Resocialization Project
Resocialization Program
Awareness building
Practical improvements
Expansion to other Young Offenders
Prisons, Reformatory Centers, creation of a
girls centre, diversion, capacity building
Organization
Board of
Trustees
Director
Program
Manager
Social workers
Fund raising &
Communication
Finance &
Control
Team Malawi & Netherlands
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, Byounique offers full disclosure.
Quarterly financial reports will be published on the internet.

The program 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 program manager will not be combined
in the same person
Risks and measures
Risk
Chance
Impact
Measure
Not able to find experienced social workers
High
High
Social workers do not perform well and need to be
replaced
High
Medium
Social workers leave after having built up work
experience and training
Medium
High
Binding staff by being a good employer
Conflicts of interests with partners or government
Medium
High
Clear agreements signed on paper that are evaluated
on a regular basis
Youth Offenders Prisons or other Child Justice
Facilities are suddenly closed or moved
Low
High
Agreements with the government on paper
Families do not co-operate or do not have a
possibility to take in a boy
Low
Medium
Think about alternative living spaces for boys that
leave the facilities
Boys and families expect financial support from
Byounique
High
Medium
Be 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
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
High
Very strict rules about money responsibilities and
strict bookkeeping by the program manager and
treasures. Fines or dismissal depending on the
situation
Materials are used for personal use: car, phone etc
High
Medium
Again very strict rules about use and bookkeeping,
fines or dismissal.
Ample research, train good employees ourselves
Timely evaluation of the probation period, making a
file with data of good candidates at the recruitment
Questions/ remarks
 Thank you for your attention
The Byounique team