Contributing to Legal Aid for Detained Juveniles in Zimbabwe
In October 2009 members of the Dutch section and the Belgian section of LwB participated in a mission to Zimbabwe initiated by the Human Rights Committee of the Bar of England and Wales. Following that mission, the Dutch section of LwB decided to investigate the possibilities of setting up a legal aid project for juveniles in Zimbabwe with local partner NGO's. In December 2010, a Project Group was formed. The Project Group consists of eight lawyers and two support staff members. All of them are volunteers (the Dutch section of LwB has no paid staff).
The Project Group established a Board of Recommendation for the project. The members of the Board of Recommendation have relevant high level positions in the Netherlands. The members are: Dik Bol (Stichting Stedenband Haarlem-Mutare), Professor mr. Theo van Boven (University of Maastricht), mr. Jeroen Brouwer (former Dean of Nederlandse Orde van Advocaten), Hugo Knoppert (Zimbabwe Watch), Jan van Olden (CILC), mr. Bernt Schneiders (Mayor of Haarlem), Adrie van de Streek (Lawyers for Lawyers) and Professor Dr. Barbara Oomen (Roosevelt Academy).
The first phase consisted in general research into the rights that children are entitled to when they are in detention or pre-trial detention in Zimbabwe. An investigation into how similar projects have been carried out in other countries, e.g. Surinam, was also conducted, with focus on how such projects can best be implemented, what possible challenges may be encountered and how these can be overcome. Research was furthermore conducted into the available literature on the conditions of children in detention and pre-trial detention in Zimbabwe. Consultations were made with individuals who are experts on the subject or on the present situation in Zimbabwe. At that time contacts were established with (among others) Justice for Children Trust, Zimbabwe Lawyers for Human Rights and the Law Society of Zimbabwe.
On the basis of the information acquired at that time, a draft project plan was prepared. This draft project plan described one project aimed at promoting subsidized legal aid for detained juveniles and another project aimed at facilitating access to legal sources for Zimbabwe legal practitioners. The draft project plan was sent to various experts and expert organisations for critical feedback in the 3rd quarter of 2011. The feedback received was used to revise the draft plans and resulted in an amended draft project plan.
In October 2011, the Law Society of Zimbabwe and Justice for Children Trust invited the Project Group to visit Zimbabwe and discuss the plans and a possible cooperation. This visit was meant to be a reality check and to answer the following questions: Is there really a need for a legal aid program for juveniles in criminal cases in Zimbabwe? Are there existing or intended alternatives for such a program? Do the plans as envisaged in the draft Project Plan really contribute to satisfy any eventual needs? Is the draft project plan viable? Are local organisations able and willing to contribute? Which organisations are best equipped to work with? Are there any impediments for project implementation? What are the challenges to take into account when implementing the plans as envisaged in the draft Project Plan?
The visit took place from 2 to 11 November 2011. Various meetings were held with individuals and organisations in Zimbabwe. The Project Group obtained during this visit valuable additional documentation and information that is relevant to obtain a good picture of the present situation in Zimbabwe. Especially the Juvenile Justice Handbook of Justice for Children Trust (Harare 2010) seems to be an important source document as it contains a recent and clear outline of the present position of juveniles in criminal cases in Zimbabwe.
On the basis of the subsequent documentation and information acquired, the Project Group concludes that there is a need for a legal aid program for detained juveniles in Zimbabwe and that (ii) a project as outlined in this Project Plan can contribute to such program.
The Project Group realizes that it is not able to set up a legal aid mechanism by itself (being a small group of volunteers in a far-away country). It is evident that close cooperation with local organisations in Zimbabwe is necessary. The Project Group was encouraged by the fact that during the Reality Check visit various organisations in Zimbabwe (governmental and non-governmental; national and international) expressed their interest in the plans and their intention to actively participate when implementing a project to support the observance of rights of children in Zimbabwe. The Project Group was impressed by the high level of expertise of these organisations. It believes that these organisations are managed efficiently and are able to act as perfect partners when implementing the plans.