ObjectivesFund scope
Children can encounter the justice system as victims, witnesses, in conflict with the law, or parties to the justice process, such as in custodial arrangements. In Libya, current legislative framework and practices do not adequately protect children who encounter the law. Few specialized procedures and dedicated personnel are trained to deal with children and many procedures are not child-friendly, which means children may be detained under circumstances that impact their well-being. Because the justice system in Libya remains retributive, rather than rehabilitative, children are at high risk of experiencing rights violations at various stages of the judicial process.
This Joint Programme builds on experiences of UNICEF, UNDP and UNODC to improve child friendly services for children who encounter the law in Libya. The programmatic strategy adopted is anchored in the principles of national ownership and an evidence-based approach that focuses on delivering child friendly services to children in contact with the law. The strategy rests on a dynamic process of information gathering and embarking on wide-ranging consultations with relevant actors and stakeholders to tailor proposed programme activities to local needs.
Implemented actions are meant to ensure all children in Libya have access to a child-friendly justice system that protects their basic rights, in accordance with UN Child Rights Convention (CRC) and relevant international legal instruments.
Theory of change and strategic framework
Programme stakeholders work towards bridging differences between the Libyan juvenile justice system and international standards and norms. Doing so is projected to improve protection measures for children who encounter the justice system, and their reintegration into society. The experiences of children in detention can improve significantly if the political and security situation remains stable enough for ministerial initiatives to be supported. Central to joint programme outcomes is decreasing the risk of children getting involved in criminal behaviour or joining armed/criminal groups after their release, as well as operationalizing a robust coordination framework that integrates—at practical levels—the roles and efforts of different institutions in a complementary manner.
Joint Programme stakeholders work towards achieving success by developing and applying a proper case management system that allows for tracking and monitoring cases of children in contact with the law. This includes putting policies in place to ensure referral to FCPUs and building up a functional FCPU that allows for coordinated child-friendly provision of justice. Technical expertise to national stakeholders builds adequate capacity to provide children in contact with law appropriate services and treatment, inclusive of the provision of social workers and appropriate support services.
Moreover, collaboration with the Ministry of Justice, Ministry of Social Affairs, and judicial police is intended for necessary steps to be taken that ensure children are separated from adult prisoners, and protocols are introduced to maintain rehabilitation, reintegration, and post-release programmes for children in conflict with the law.
Addressing these core elements increases children’s chances to successfully rehabilitate and reintegrate into society, which is related to multiple SDGs (1, 5 and 10) outcomes. To ensure human rights are taken into due consideration, particular attention is given to the United Nations system-wide Human Rights Due Diligence Policy on UN Support to non-UN Security Forces.