MAURITIUS | Ombudsperson for Children held workshop on "The role of Ombudsman and Mediators in monitoring the situation of children in conflict with the law and deprived of their liberty"

The Office of the Ombudsperson for Children in collaboration with the International Ombudsman Institute organised a two-day workshop on 5 and 6 September 2023, on the theme “The role of Ombudsman and Mediators in monitoring the situation of children in conflict with the law and deprived of their liberty” at the Gold Crest Hotel, Quatre Bornes, Republic of Mauritius.

This event brought together professionals from various governmental institutions, including the Law Reform Commission, representatives of the Ministry of Gender Equality, the Prime Minister's Office, as well as NGOs, creating a rich and diverse debate. The presence of representatives from Rodrigues and other countries underscored that concerns related to children in conflict with the law are shared internationally.

The opening ceremony was graced by His Excellency Mr Marie Cyril Eddy Boissézon, GOSK, Vice President of the Republic of Mauritius. In his speech, His Excellency stated that “I seize this opportunity to comment on the dedication of Mrs Rita Venkatasawmy, Ombudsperson for Children who has always promoted the interest of children in both the public and private spheres”. He further added that in line with international conventions and treaties to which Mauritius is party, a number of policies, action plans and programs are being adopted in order to ensure that children in conflict with the law are treated with dignity and respect, that their rights are respected and they are given every opportunity to rehabilitate and reintegrate into society.

Mrs Rita Venkatasawmy, Ombudsperson for Children highlighted the role of the Ombudsman as mentioned in Article 1 of the Principles on the Protection and Promotion of the Ombudsman Institution and the UN Resolution on the role of Ombudsman and Mediator Institution in the promotion and protection of human rights, good governance and rule of law. These international instruments represent a strong endorsement of the key principles of Ombudsman Institutions which include independence, objectivity, transparency, fairness and impartiality. The Ombudsperson for Children further stated that the Children Act 2020 aims at respecting the best interests of the juvenile offender and their rehabilitation. Even though the minimum age of criminal responsibility is 14 years, the Act makes provision at Section 55(1) for the Director of Public Prosecution sufficient authority to discontinue the criminal proceedings against the minor and request the Probation Officer to assess whether it will in the best interest of the juvenile to be enrolled in a diversion program as advocated by the UN Committee on the Rights of the Child in its 2019 General Comment on children’s rights in the justice system. The Ombudsperson for Children also strongly supports the importance of giving a child in conflict with the law a court-appointed lawyer. However, she pointed out that defence of a child differs from that of an adult and children lawyers require specialised child-related training to play a significant role. She concluded by “a child in conflict with the law is not a little monster who must be punished at all costs even if his/her behaviours are repulsive. He is above all a victim of various forms of abuse since a young age”.

The international participants shared their impressions and thoughts on the event, highlighting the importance of collaboration and sharing experiences to advance the cause of children in conflict with the law. Their inspiring testimonies reflect the ongoing commitment to this crucial matter.

 Main Recommendations

• Clear definitions of serious behavioral concern in the Children’s Act 2020
• Training of judicial professionals, teachers, social workers, officers working with children in Youth and Rehabilitation Centres
• Automatic court –appointed lawyers for children
• Adequate guidelines to enforce the Children Act 2020
• Parental education with the support of NGOs

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Source: The Office of the Ombudsperson for Children of the Republic of Mauritius