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Ikoku Protection and Justice | Child-Centered Legal Aid, Advocacy & Restorative Justice in Africa" > Blog
By Maria Aminat Opolot.
Co-founder Ikoku Protection and Justice
Originally shared on LinkedIn

Blog

Beyond Presence: The Case for Meaningful Child Participation in Legal Proceedings. 

 
In a courtroom, a boy stands quietly as the charges are read aloud. He is asked if the facts are true. Hesitantly, he nods. The room is filled with so many adults; police officers in uniform, lawyers flipping through files, a magistrate behind a desk and witnesses. The space feels unfamiliar and congested. It doesn’t matter that some details are wrong for instance, key parts of the story missing and events out of order. He says yes, not out of guilt, but because everything in the room tells him to. He just wants it all to end. Correcting an adult in that setting feels so unthinkable! 
 
Unfortunately, this is not an isolated incident. Across many juvenile justice systems, children are physically present in courtrooms but their voices are rarely heard. They are talked about, not talked to. Decisions are made in their presence, but with little of their input, as though their perspective holds little value. 
 
Child participation is the right of every child to be heard and to have their views taken seriously in decisions that affect them. It is enshrined in Article 12 of the United Nations Convention on the Rights of the Child (UNCRC), which states that children capable of forming their own views have the right to express those views freely in all matters affecting them and that those views must be given due weight.
 
But this principle goes beyond legal obligation. It is rooted in dignity, respect, and a recognition that children, even those in conflict with the law, are active rights holders, not passive recipients of adult decisions.
 
When children are meaningfully involved in legal proceedings, they are more likely to understand and comply with outcomes. The risk of reoffending is reduced. Their sense of agency and responsibility is strengthened. The justice process itself becomes more fair, rehabilitative, and restorative.
 
Importantly, participation does not end in the courtroom. It continues post legal proceedings. When children are genuinely included, services become more responsive, more humane, and better adapted to their specific needs.
 
 To ensure that child participation is not symbolic or superficial, the UN Committee on the Rights of the Child, through General Comment No. 12 (2009), outlined nine basic requirements that must be in place for participation to be meaningful.
 
Participation must be transparent and informative. Children need clear, child-friendly information about their rights, the process they are involved in, and how their views will be used. It must be voluntary. Children should never be forced to express themselves. Their choice to speak-or-not to must be respected.
 
It must also be respectful. Every child has a unique story, and their evolving capacities, background, and cultural identity must be acknowledged. They must be provided with opportunities to initiate ideas and activities. Participation must be relevant, ensuring that the issues being discussed are appropriate and meaningful to the child’s life and experience.
 
It must be child-friendly. The environment, language, and procedures must be adapted to the child’s age and understanding. Participation must also be inclusive, meaning children should not be excluded based on race, gender, disability, legal status, or background.
 
It must be supported by training, especially for adults working with children. Professionals need the knowledge and skills to engage children meaningfully and ethically. Participation must be safe and sensitive to risk. Safeguards must be in place to protect children from harm, retaliation, or emotional distress as a result of their involvement.
Finally, accountability. Children must be provided with clear feedback on how their participation has influenced any outcomes. They should be able to challenge these outcomes if they feel they have been misinterpreted. 
 
When the system speaks but children can’t. 
In practice, many of these principles are still far from being realized within Uganda’s juvenile justice system. While children may be physically present in court, the lack of child-friendly procedures and trained personnel often makes their participation decorative at best. Information about legal proceedings is rarely explained in a language children can understand or even according to their age and maturity. Participation is treated more as a formality than a right. Opportunities for feedback are nonexistent, and decisions are made on behalf of children rather than with them. Without deliberate investment in making these nine principles a lived reality, the justice system risks failing the very children it was meant to protect.
 
Strengthening child participation requires more than good intentions or policies; it calls for system change. Some practical interventions include:
 
•Simplifying legal procedures and presenting them in child-friendly formats, so that children fully understand the processes they are part of
•Training judicial officers, police, probation officers, and legal practitioners on child communication and rights-based engagement
•Creating child-sensitive environments in courtrooms and police stations, where children feel safe, respected, and encouraged to speak
•Establishing feedback mechanisms such as post-trial interviews, feedback forms or anonymous surveys, to capture children’s experiences throughout the justice process
•Involving children in the design of court procedures, policies that shape juvenile justice systems.
       • Involving children in the training of professionals who work with the children.
 
Children in conflict with the law are not problems to be solved, they are people to be heard. Upholding their right to participate is not just a legal obligation; it is a moral obligation that affirms their humanity and dignity. When we listen to children, when we take their views seriously, we begin to build a justice system that doesn’t just punish but protects, heals, and restores. True justice starts with a voice, and every child deserves theirs to be heard.

 𝗖𝗵𝗶𝗹𝗱-𝗳𝗿𝗶𝗲𝗻𝗱𝗹𝘆 𝗷𝘂𝘀𝘁𝗶𝗰𝗲 𝗶𝘀 𝗻𝗼𝘁 𝘀𝗼𝗳𝘁 𝗷𝘂𝘀𝘁𝗶𝗰𝗲. 𝗜𝘁 𝗶𝘀 𝗷𝘂𝘀𝘁 𝗝𝗨𝗦𝗧𝗜𝗖𝗘 𝗳𝗼𝗿 𝗰𝗵𝗶𝗹𝗱𝗿𝗲𝗻.
When Ikoku Protection And Justice advocates for child-friendly practices, we’re sometimes met with resistance.
We hear: “𝘠𝘰𝘶’𝘳𝘦 𝘮𝘢𝘬𝘪𝘯𝘨 𝘦𝘹𝘤𝘶𝘴𝘦𝘴 𝘧𝘰𝘳 𝘣𝘢𝘥 𝘣𝘦𝘩𝘢𝘷𝘪𝘰𝘳.”
Or: “𝘛𝘩𝘦𝘺’𝘭𝘭 𝘯𝘦𝘷𝘦𝘳 𝘭𝘦𝘢𝘳𝘯 𝘪𝘧 𝘵𝘩𝘦𝘺 𝘢𝘳𝘦𝘯’𝘵 𝘱𝘶𝘯𝘪𝘴𝘩𝘦𝘥 𝘱𝘳𝘰𝘱𝘦𝘳𝘭𝘺.”

But here’s the truth:
Being child-friendly isn’t about turning a blind eye.
It’s about recognizing that children are still developing; emotionally, mentally, and physically.

At Ikoku, we don’t stop at the label.
When a child is called a “habitual offender,” we ask “𝙬𝙝𝙖𝙩’𝙨 𝙩𝙝𝙚 𝙨𝙩𝙤𝙧𝙮 𝙗𝙚𝙝𝙞𝙣𝙙 𝙩𝙝𝙚 𝙧𝙚𝙥𝙚𝙖𝙩 𝙤𝙛𝙛𝙚𝙣𝙨𝙚𝙨?”

We’ve met children who’ve been in and out of police stations and remand homes more than once, not because they’re beyond help, but because their deeper needs were never fully understood.

As an organization, we know that accountability can exist 𝘄𝗶𝘁𝗵𝗼𝘂𝘁 𝗰𝗿𝘂𝗲𝗹𝘁𝘆.
Discipline can happen 𝘄𝗶𝘁𝗵𝗼𝘂𝘁 𝗱𝗲𝗵𝘂𝗺𝗮𝗻𝗶𝘇𝗮𝘁𝗶𝗼𝗻.
And justice can be served in ways that 𝗰𝗼𝗿𝗿𝗲𝗰𝘁 𝗯𝗲𝗵𝗮𝘃𝗶𝗼𝗿 while still 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗻𝗴 𝗱𝗶𝗴𝗻𝗶𝘁𝘆.

So we do.
We show up with legal support to make sure their rights are protected and their voices are heard.
And we’re working toward something bigger! 𝗯𝘂𝗶𝗹𝗱𝗶𝗻𝗴 𝗮 𝘀𝘆𝘀𝘁𝗲𝗺 𝘄𝗵𝗲𝗿𝗲 𝗰𝗵𝗶𝗹𝗱𝗿𝗲𝗻 𝗮𝗹𝘀𝗼 𝗿𝗲𝗰𝗲𝗶𝘃𝗲 𝘁𝗵𝗲 𝗽𝘀𝘆𝗰𝗵𝗼𝘀𝗼𝗰𝗶𝗮𝗹 𝘀𝘂𝗽𝗽𝗼𝗿𝘁 they need to heal, grow, and truly move forward.

Because what looks like “bad behavior” is often just a child asking for help the only way they know how.

The true cost of free labor: Rethinking volunteerism in NGOs.

Haven’t we all heard the story of the volunteer who bent over backward for a cause? The one who used their transport fare to print awareness materials because a requisition had not been made on time. The one who walked miles every day to reach the office because they believed the work was worth it or the one who stayed late, picked up extra tasks, and gave their all, not because they were obligated, but because they cared deeply.

These stories, while inspiring, often leave us with an uneasy question: are we celebrating dedication or overlooking exploitation?

Volunteerism is the lifeblood of many NGOs, especially for start-ups and organizations navigating tight budgets. As a founder of a budding NGO www.ikokuprotectionandjustice.org I understand how vital volunteers are to advancing a mission when resources are limited. However, I also recognize that relying on unpaid labor comes with ethical dilemmas that organizations must confront.

Approximately 1 billion individuals worldwide engage in volunteer activities, highlighting the significant global impact of volunteerism.

Volunteerism: A Double-Edged Sword

While volunteers generously invest their time and sometimes their money, there is an inherent imbalance in the equation if the returns on their investment are disproportionately low. Volunteers often provide the skills and energy needed to sustain programs, yet this dependency can inadvertently normalize unpaid labor in a country where youth unemployment is already alarmingly high.

The key question is: Where do we draw the line between volunteerism and exploitation?

Exploitation exists when a volunteer’s experience gives them far less value (whether in skills, recognition, or personal/ career growth) than the time and energy they have invested.

Why NGOs Turn to Volunteers.

For early-stage organizations like mine, hiring volunteers often feels like the only logical option. Funding constraints make it challenging to offer competitive salaries, and the need to make an immediate impact often outweighs long-term financial strategies. But this reliance on unpaid labor presents risks like reputational damage, skill gap and volunteer burnout.

How NGOs Can Prevent Exploitation

To maintain ethical standards and ensure positive experiences for volunteers, NGOs can adopt the following practices:

1. Set Clear Expectations

From the onset, clearly define the roles, responsibilities, and time commitments expected of volunteers. Transparency ensures that volunteers know what they are signing up for and can gauge whether the opportunity aligns with their personal and professional goals.

2. Provide Meaningful Experiences

Volunteers should gain tangible value from their time with an NGO. This could include:
• Offering skills training or professional development opportunities.
• Providing mentorship and networking opportunities.
• Allowing volunteers to contribute ideas and see the impact of their work.

3. Recognize and Appreciate Contributions

Acknowledgment goes a long way in creating a positive environment. Simple gestures like transport , airtime allowance, meals, public recognition on social media, or small awards can make volunteers feel valued.

4. Avoid Replacing Paid Positions

Whenever possible, distinguish between volunteer roles and those that should be filled by paid employees. If a role requires specialized expertise or a long-term commitment, consider it a priority for funding once resources become available.

5. Offer Flexibility

Respect volunteers’ time by ensuring workloads are manageable and adaptable to their availability. Flexibility can prevent burnout and maintain morale.

6. Seek Feedback Regularly

Establish a system for volunteers to share their experiences and concerns. This feedback can help the organization identify areas for improvement and demonstrate that it values volunteers’ voices.

7. Build Toward Sustainability

As the organization grows and secures funding, they should prioritize transitioning critical volunteer roles into paid positions. This not only enhances organizational capacity but also sets a standard for ethical labor practices.

As NGOs, we are not just organizations, we are humanitarian workers entrusted with upholding human rights and advancing for social justice. This commitment must therefore extend to how we treat our volunteers. While volunteerism is essential to sustaining our missions, we have a duty to ensure it does not come at the cost of those who offer their time and energy.

 

Breaking the cycle: Addressing Adverse Childhood Experiences (ACE’s) in Uganda’s juvenile justice system. 

 
Adverse Childhood Experiences (ACEs) refer to traumatic events that occur during childhood and can significantly affect a person’s mental, emotional, and physical well-being. Common examples of ACEs include:
 

• Abuse: Physical, emotional, and/or sexual abuse.

•Neglect: Physical or emotional neglect by caregivers.

•Household Dysfunction: Exposure to household mental illness, substance abuse, domestic violence, parental separation or death.
 
Research has shown a strong correlation between ACEs and juvenile delinquency. Children who experience high levels of ACEs are at a greater risk of engaging in delinquent behavior, including petty offenses.  Individuals with high ACE scores often struggle with mental health issues such as depression, anxiety, and behavioral problems. These challenges can lead to negative coping mechanisms, increasing the likelihood of criminal behavior.
 
The Ugandan Context.
 
In Uganda, many children in remand homes come from backgrounds filled with adversity, such as poverty, family instability, and abuse. These circumstances exemplify ACEs, resulting in emotional and psychological scars that can manifest as delinquent behavior. Without appropriate interventions, these children are often caught in a cycle of reoffending.
 
It should be noted that rehabilitation within Uganda’s remand homes is limited, often falling short of providing structured, transformative programs due to resource constraints and unstable detention periods. While children in remand homes are typically kept occupied with basic activities, such as watching TV and participating in recreational games, the lack of a consistent curriculum or comprehensive support services means these activities often do not translate into substantial rehabilitation. According to officials in Uganda’s Ministry of Gender, Labor, and Social Development, children spend varying amounts of time on remand, which complicates implementing structured, long-term programs aimed at behavioral change. Consequently, any educational or vocational opportunities remain minimal, with children often moving to the National Rehabilitation Centre in Kampiringisa post-sentencing, where some vocational training, like carpentry or farming, is offered through partnerships with not-for profit organizations.
 
What is the way forward?
1.  Trauma-Informed Care: 
Implementing trauma-informed practices in remand homes creates a supportive environment where young offenders feel safe and understood. This approach emphasizes building trust and promoting resilience among the child offenders.
2. Psychosocial Support Programs: Structured programs that provide psychological counseling and emotional support help children process their traumas and develop healthier coping strategies. These programs can include group therapy and individual counseling
3. Community and Family Engagement: Involving families in rehabilitation ensures that children receive support beyond the remand homes. Family therapy and community outreach can help address systemic issues
4. Training for Staff: Training staff in recognizing and responding to ACEs equips them with the skills necessary to support the emotional and psychological needs of these child offenders.
 
By addressing the impacts of ACEs through the above strategies, we can begin to reshape these facilities from holding cells into supportive environments that reduce reoffending. With trained staff and a focus on healing, remand homes can become spaces where children not only receive justice but also find the care and guidance needed to rebuild their lives, ultimately contributing to a safer and more compassionate society.

About Ikoku

Ikoku Protection and Justice is working to transform Uganda’s juvenile justice system. We provide legal aid and psychosocial support to children in conflict with the law,  we train stakeholders working within the juvenile justice system and advocate for reform to ensure no child is forgotten.

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