Locked away from learning - Education in juvenile facilities failing

Rodje Malcolm, Guest Columnist

Children locked away in juvenile institutions receive woefully inadequate education from the Government. They receive sparse instruction on a limited number of subjects in toxic learning environments. This is symptomatic of a dangerously flawed paradigm of juvenile justice - one that focuses on punishment and containment rather than rehabilitation and empowerment.

The status quo will never be a solution to this problem. Comprehensive reforms are needed to reduce recidivism and achieve true juvenile justice.

In March 2013, investigations by the Office of the Children's Advocate into conditions at juvenile institutions revealed that "on average, the juveniles get taught for two hours per day". These and other disturbing findings were presented to Parliament.

In the past few days, a damning National Education Inspectorate (NEI) report echoed what many already knew: The remand and correctional facilities operated by the Department of Correctional Services (DCS) have failed to provide sufficient education to the children in their care.

The report revealed that the four DCS juvenile institutions under investigation delivered "unsatisfactory" education to the wards. Institutions like the Rio Cobre Juvenile Correctional Centre outright failed in all six focus areas. All four facilities failed in terms of curriculum. All four failed in teacher support. All four failed in ward development. And all four failed when graded on overall effectiveness.

Currently, the fundamental rights of children in juvenile institutions are not affirmatively expressed in legislation. Only vague references are made in the Corrections Act (1985) and the Child Care and Protection Act (2004). Yet, the Government has failed to meet even this low bar.

With regard to education, the Corrections Act states: "The managers of a juvenile correctional centre are under an obligation to provide for the clothing, maintenance, upbringing and education of the persons under their care ... ." The UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) state: "While in custody, juveniles shall receive care, protection and all necessary individual assistance - social, educational, vocational, psychological, medical and physical - that they may require in view of their age, sex and personality."

shocking violations

These have not been meaningfully adhered to. Beyond education, the shocking violations range from physical abuse, incarceration with adults, and prolonged lockdown.

Many institutions lack coherent educational plans. Records are generally not transferred to the correctional facilities from schools, and not all teachers are certified - many are correctional officers. Education in these facilities should be administered by the Ministry of Education, not the Ministry of National Security.

In fact, the Government's 2011 report, New Regime for Juveniles in Remand and Correctional Facilities in Jamaica, admitted that "the Ministry of Education has primary responsibility to ensure the uninterrupted provision of educational services". Yet, the teachers, curriculum, and educational standards are controlled by the Department of Correctional Services. The DCS lacks the capacity, expertise, and policy directive to deliver quality instruction.

This sub-par 'prison education' system is unable to attract qualified teachers, promotes low standards, lacks real professional development or oversight mechanisms, offers no incentives for true investment, and employs the worst institutional design to what is arguably the most vulnerable group. Despite formally recognising this in 2011, the Government of Jamaica has yet to implement any meaningful reform. The lethargic response of Government ignores the special needs of this at-risk population, and stymies rehabilitation efforts.

political grandstanding

The NEI report will add to the mountain of recommendations, commissions, and studies that have unearthed the depth of Jamaica's neglectful and damaging practices. The disappointing revelation shatters any confidence in the trumpeted proposals of Youth Minister Lisa Hanna and National Security Minister Peter Bunting and confirms suspicions that officials are more interested in political grandstanding than meaningful action.

As a matter of urgency, the Government needs to:

1. Transfer control of the education of juveniles to the Ministry of Education.

2. Increase support and incentives for teachers who instruct juveniles with respect to professional development and financial compensation.

3. Review the Corrections Act to express the rights of juveniles and provide a strong regulatory framework for education and rehabilitation, including sanctions for non-compliant institutions.

4. Expedite the review of the Child Care and Protection Act to strengthen the legal framework for child rights.

5. Complete the long-awaited Child Diversion Policy that seeks to divert children away from the formal justice system to alternative forms of rehabilitation.

Rodje Malcolm is a director at Jamaicans for Justice. The views are strictly his own and do not necessarily reflect those of JFJ. Email feedback to columns@gleanerjm.com and rodjemalcolm@outlook.com.