Chile

THE GOVERNMENT'S PROPOSAL FOR RESTRUCTURING CHILD DETENTION FACILITIES

adoc_admin — Wed, 12 Aug 2009 00:00:34 +0800

Some Very Serious Questions Must Be Asked About Sename's Restructuring Editorial from La Tercera The public has reacted strongly to the case of the young 10-year-old boy, C.C.M., who has a long criminal record in spite of his young age. His recent arrest last week, his escape from the central youth detention facility operated by the Servicio Nacional de Menores (SENAME) with the help of friends (all delinquent minors), and, finally, his recapture, have generated a debate about how to tackle the issue of youth delinquency. Beyond punishment, it is clear that whatever the focus may be, it should include rehabilitation and the later reintegration of the delinquents with their law-abiding peers. SENAME is supposed to do this, but hasn't been able to do so due to the shortcomings of existing prevention programs, or to the poor design and scarce resources given the state entities charged with receiving and treating delinquent minors. With this in mind, the Ministry of Justice announced its intention to reorganize SENAME by creating two new services to assume its functions. There is not doubt that the initiative merits analysis, but the haste with which the authorities have responded to the matter - given the government's need to react rapidly when facing a difficult circumstance - has caused understandable concern with our citizens. And so this puts the government's policies at the center of the public debate. With an issue as serious and complex as this, the suggested reforms - given the extent to which they change the institutional order - merits careful analysis and discussion. In addition to the government's proposal, the debate should include the opinions and conclusions of experts on these issues and other players in civil society. That has not been the case thus far. The rough draft of the law and the economic and social feasibility of these studies ought to welcome a review process of this kind, so that "pro" and "con" arguments can be evaluated. The Justice Ministry intends to send the project to Congress as soon as December, with the reform costing millions and millions of pesos. the cost of this to be around $10 billion pesos. The plan put forward by the executive branch includes creation of a National Rights Service for Children and Adolescents, administered by the Ministerio de Planificaci?n Nacional (MIDEPLAN); and an Adolescent Criminal Responsibility Service that would monitor delinquent children and adolescents and be administered by Ministry of Justice. At first blush, it doesn't seem realistic for MIDEPLAN to assume this role, since its principal task is to evaluate public programs and not to take responsibility for executing programs. In fact, there are already proposals that seek to remove all of MIDEPLAN's management authority in all areas and to return the agency to the exercise of merely technical functions. With respect to the second service, this should be administered with the same kinds of efficiency currently used, for example, in our jail services, which have been concessioned out. The spirit of the initiative should be to achieve effective rehabilitation and social reintegration of delinquent minors, and the public should be assured that these conditions actually occur. Still, recent experience shows that the prison management services paid for by the Ministry of Justice have actually transformed prisons into "crime schools." The social reintegration of inmates does not occur, rather they move in the opposite direction. Society is concerned that criminal lawlessness may become a lifestyle for delinquent children and youth. The reforms should generate conditions and real opportunities for rehabilitation that, until now, do not exist. Any policies that intend to attack the root of the problem and imply institutional change, should go through stages the government' proposal has not fulfilled.
http://www.santiagotimes.cl/santiagotimes/index.php/2009081116864/news/feature-news/the-government-s-proposal-for-restructuring-child-detention-facilities.html

CHILE: SCANDAL SHAKES UP UNDERAGE REHAB SETUP

adoc_admin — Thu, 06 Aug 2009 00:00:18 +0800

Media Attention On 10-Year-Old Boy's Criminal History Creates Public Alarm Chile's Justice Ministry announced Tuesday that the National Service for the Protection of Minors (SENAME) will be replaced by two new organizations: one in charge of child protective services and another for rehabilitating juvenile delinquents. Justice Minister Carlos Maldonado said the Ministry is working on a bill to create a National Service for the Protection of Adolescents and a National Penal Service for Adolescent Responsibility. The announcement comes at the peak of a scandal involving a boy nicknamed "El Cisarro," who at 10 years old has 15 criminal arrests on his record. The boy's case has resulted in a week-long media frenzy. Last Friday he was caught driving a stolen car, and on Saturday he escaped from a SENAME center with the help of an armed young friend. The boys then went on a crimes spree and were re-arrested later in the day. El Cisarro, known for his aggressive attitude, spat at camera crews and made offensive hand gestures to the press during his detentions. The boy, who has been in a rehabilitation program since last November, has become a symbol of the State's inadequate juvenile delinquency programs, with kids like him falling between the system's cracks. In fact, they boy who aided El Cisarro on his Saturday escape, a 13 year-old nicknamed "Loquin," has 35 detentions on his record and twice tried to escape the center were he has been detained since Saturday.
http://www.santiagotimes.cl/santiagotimes/index.php/2009080516828/news/cultural-news/chile-scandal-shakes-up-underage-rehab-setup.html

THE YOUNG DELINQUENTS WE ARE ALL CREATING

adoc_admin — Thu, 06 Aug 2009 00:00:18 +0800

Thoughts About "El Cisarro" (Ed. Note: Editorials appeared Monday in all three of Chile's main dailies addressing a story that has received tremendous national attention this past week: the arrest of a young 10-year-old-boy for criminal activity, his subsequent escape followed by a crimes spree, and then his re-arrest. The boy, nicknamed El Cisarro, comes from a dysfunctional family and has a long history of criminal activity - his tender years notwithstanding. Below, we offer Santiago Times readers the editorial that appeared in the state-owned (liberal) national daily La Naci?n.) The case of the young boy who has been nicknamed "El Cisarro" by the national media has generated tremendous news coverage and analysis from all parts of our society and from various points of view. Each view expressed - flavored by the experiences and prejudices of the speaker - seems to be saying two things: that when a young boy falls repeatedly into these criminal habits he "cannot be redeemed," and that there must always "be someone to blame." Both observations are far too simplistic to help analyze such a complex situation and tend to promote a stigmatization system that works to keep those marginalized from society exactly where they are - as outcasts from society. The first myth refers to the "impossibility" of saving young boys who come from the kinds of social conditions experienced by El Cisarro and his friend "Loqu?n." It is a myth that just isn't sustained by reality. There are numerous cases where children from equally bad or worse situations have been successfully reinserted into society - with the help of therapy, education, sports or artistic activities. When the environment a child lives in is changed, when he is given opportunities never before available. Children can and will take advantage of these kinds of changes and advance with more resiliency than ever. The second myth - that "someone" must be blamed for this situation - also fails the test of reality precisely because "someone" is such a vague reference. In fact, it is all of us, as a society, that must bear the blame - even though many officials and functionaries have tried so hard to deal with these kinds of children. Blame resides partly in the juvenile justice system and the family courts, beause they haven't been able to make good use of the social help that is available and that help in rehabilitating youngsters like these. Blame also resides partly in the families themselves, which often put a young boy on the wrong path because of economic need, or because the family is marginalized, or because it is just indifferent. The communications media are also responsible, because they are so quick to stereotype these young boys, so that they are given nicknames like "el Cisarro" or "el Loqu?n," or el Miguelito, el Martillo, los hermanos Coca Cola, or las Ara?itas, and so on. The news media also gives these stories much too much air time, so that oftentimes these young boys become quite "proud" that so much attention is given them on the TV channels or in the print media. The judges, too, are responsible when they don't carefully review the facts in each case and jail a youngster too quickly, thus setting an unhappy future course for the young boy. Another part of the problem has to do with the condition of the state agencies and institutions that are charged with receiving young boys like these. And there is also a question relating to the discriminatory way in which most of us are raised. So that doors are closed to young boys just at a time when they are defining what course their life will take as they grow to be adults. And the list could go on. By mixing together all the things named above, our society is creating young boys like "Cisarros" and "Loquines." So it becomes a kind of national drama, that we learn to take stories like this in stride. That we support public policies can have a positive impact on how young "at risk" boys develop. And that we correct and modify those institutions and agencies that contribute to the marginalization of young boys like these.
http://www.santiagotimes.cl/santiagotimes/index.php/2009080516826/news/editorial-opinion/the-young-delinquents-we-are-all-creating.html

UN MANUAL AIMS TO STOP CHILD LABOR IN CHILE

adoc_admin — Tue, 30 Jun 2009 00:00:17 +0800

UNICEF Report Prompts Creation Of Guidebook Directed Toward Parents A new guidebook was distributed last week to educate the public on child labor realities in Chile and the laws that protect them. The guidebook gives special attention to parents - discouraging them to allow their children to work. UNICEF and FOSIS distribute new manual to fight child labor in Chile. Photo courtersy of FOSIS The manual is entitled "Trabajo Infantil, ?d?nde est??" ("Child Labor, Where is it?") and was published with help from the United Nations Children's Fund (UNICEF) and Chile's Fund for Solidarity and Social Investment (FOSIS). The manual does not intend to stigmatize families with child workers, but rather to find solutions to the families' labor and economic problems, said UNICEF. The guide was prompted by a UNICEF and Catholic Church report earlier this month that suggested child labor in Chile is escalating (ST, June 23 ). Last week's distribution of the manual began in Santiago's Estaci?n Central borough. Thousands of guides were also donated to FOSIS's Puente program, a social outreach program working with 209,500 families living in extreme poverty. The manual teaches how to detect a possible child labor situation, and then lists tools and resources to find economic solutions so families can abandon that lifestyle. The launch of the manual counted with the support of many government and public agencies, including Chile's Planning Minister, Paula Quintra; UNICEF representative, Esperanza Vives; FOSIS Executive Director Pablo Coloma; Estaci?n Central Mayor Rodrigo Delgado; and retired soccer star Iv?n Zamorano, who is Chile's UNICEF ambassador. UNICEF representative Vives said that the U.N.'s Convention on the Rights of the Child clearly establishes that boy, girls and adolescents shouldn't work. "Work is for adults," she said. "Children should study and have time to do kid things like play, take part in recreational activities, and relax. The world of labor exposes them to dangers and risks that they can't handle." A recent survey conducted by The International Work Organization (OIT) and Chile's Ministry of Work found that there are 240,000 children and adolescents between five and 17 years old working in Chile. Chilean law allows youths between 15 and 18 years to work in their leisure time. This means they are not allowed to work full time or to support themselves or their families. The organizations supporting the pamphlet say Chile is following a worldwide trend of increased child labor due to the economic crisis. A recent survey by the OIT and Chile's Work Ministry reveals that 64 percent of minors who work in Chile belong to the poorest 40 percent of the population. It also found that one in four child laborers has been let back in school and that approximately 40 percent of adolescents who work and study have fallen behind in their school work. But the Work Ministry's National Coordinator of Prevention and Eradication of Child Labor, Ximena Larra?n, contends that child labor in Chile is diminishing and that the country is ahead of the game in Latin America. The most common jobs for adolescents are bagging groceries in supermarkets, street jobs such as selling small goods, or washing cars. Many minors also work in warehouses and in the mining and fishing industries throughout the country.
http://www.santiagotimes.cl/santiagotimes/index.php/2009063016573/news/human-rights-news/un-manual-aims-to-stop-child-labor-in-chile.html

UNICEF AND VICARIA WARN THAT CHILD LABOR WORSENING IN CHILE

adoc_admin — Tue, 23 Jun 2009 00:00:17 +0800

But Labor Ministry Denies Situation Is Getting Worse A recent report by the United Nations Children's Fund (UNICEF) calls for Chile to address its widespread child labor problems, suggesting that child labor matters will get worse unless addressed soon. The report, which was developed in concert with the Catholic Church's worker's organization La Vicar?a (de la Pastoral Social y de los Trabajadores), found that the average age of child laborers in Chile is 12. Young girls tend work in their homes, while boys work in the streets. These children work on average about four hours per day, although two percent work more than 40 hours a week. Child laborers make on average about 5,000 Chilean pesos (US$8.86) per week. The report found that 97.1 percent of the children who work also go to school. While no figures have been released on the exact number of children working because of uncertain census data, UNICEF is certain that Chile is following a world trend: escalating child-labor due to the current economic crisis. But Ximena Larra?n, the National Coordinator of Prevention and Eradication of Child Labor at Chile's Labor Ministry, took issue with the UNICEF report. She said her studies suggest that labor in Chile substantially decreased and that Chile will be the first Latin American country to eradicate the problem. Support programs, campaigns and legislation to combat child labor have sharply increased since 2003, she said. Vicar?a director Rodrigo Tupper, however, is not convinced that Chile is improving its child labor conditions. He asserts that child labor is a growing reality caused by a society that turns a blind eye to the problem "because it has generated a structure of exclusion . . . it violates the rights of the poorest, including the rights of children." The solution, he says, will require "structural inclusion as part of a global model of poverty intervention. This means that at the same time that we provide housing programs, we must also include education plans, health protection, employment and transportation." In Chile, the most visible forms of child labor in Chile are street performers and food and flower sales. But prostitution, sexual tourism, pornography, drug trafficking, forced delinquency, and recruitment of minors for armed conflicts are also part of the equation. Children are also made to perform dangerous work in mines, on the high seas, in jobs which exceed eight hours a day, or at night. One organization working to combat child labor is the "Programa de Apoyo y Acogida de Ni?os, Ni?as y Adolescentes Trabajadores" (Program of Support and Reception of Boys, Girls and Adolescent Workers). It has worked with over 10,000 child laborers during the past 13 years. The program aims to support the children without stigmatizing them or their families, and to encourage the children to continue studying. Program director Loreto Rebolledo said she has seen an increase in child labor during the past few months as a result of the economic crisis. The International Work Organization (OIT) also reported recently that the number of child laborers is rising on a global level. Still, the lack of a recent census data leaves the scope of phenomenon unconfirmed in Chile.
http://www.santiagotimes.cl/santiagotimes/index.php/2009062216529/news/human-rights-news/unicef-and-vicaria-warn-that-child-labor-worsening-in-chile.html

SEX TOURISM FORCES CHILE TO FACE DOMESTIC SEXUAL EXPLOITATION

adoc_admin — Wed, 20 May 2009 00:00:17 +0800

Chile's Government Signs Agreement Condemning Child Sex Tourism On Its Doorstep Although Chile is not typically perceived as a "sex tourism" destination, statistics reveal there are approximately 3,777 child sex workers in the country. This troublesome figure prompted an agreement to crack down on sexual exploitation of children caused by the sex tourism market, which was signed on Tuesday by the National Service for Minors (SENAME), the International Labor Organization (ILO) and National Tourism Agency (SERNATUR). According to the International Organization for Migration and Tourism, 20 percent of travelers--primarily men from developed countries--seek sex. Of those, 3 percent confess a desire to pursue sexual relations with children. Hardening penalties in prime sex tourism destinations such as Southeast Asia have shifted the focus to regions with more permissive legislation. According to daily "La Naci?n," many Latin American governments turn a blind eye to this because the mainstream tourist industry is so important to their economies. A study conducted by the Universidad Arcis in 2003 found that 3,700 children in Chile are sexually exploited for financial gain. Further, a study by SENAME suggests that, whereas 62 percent of child prostitution cases in Chile involve adolescents between the ages of 15 and 18, 13.8 percent involve children under the age of 12. Silence and a lack of concrete data serve to minimize the appearance of the problem, though sources agree that most forms of exploitation happen in the cities of Antofagasta, Valparaiso, and Santiago. The majority of children exploited in Chile are involved in the street sex trade, though cafes con piernas - cafes that boast scantily clad women - clandestine pimps, and Internet pedophiles. A major goal, according to director of SENAME Eugenio San Mart?n, is to generate awareness and dispel stigmas, namely those myths surrounding the often misconstrued "voluntary" component of sex trade. Moreover, the nation's Immigration Department has incorporated warnings into its entry form, warning foreigners of the criminal nature of the sex trade. Child sex tourism is not the only harmful outcome of the globalization of tourism, according to Mar?a Jes?s Silva, Coordinator of the OIT program. She thinks that human trafficking is another lucrative symptom. Seventy-four percent of Chile's human trafficking occurs inside the country without a border crossing. Because no border is crossed, there is no law that prevents such trafficking unless the victim protests. By identifying locales and participants in sex tourism and affirming a no-tolerance policy, Chile hopes to protect those most vulnerable to the trade.
http://www.santiagotimes.cl/santiagotimes/index.php/2009051916295/news/human-rights-news/sex-tourism-forces-chile-to-face-domestic-sexual-exploitation.html

REFORM VS. PUNISHMENT: JUVENILE PRISONERS IN CHILE

adoc_admin — Thu, 26 Feb 2009 00:00:20 +0800

(Ed. Note: Gonzalo Berr?os D?az, author of the following op-ed article, is in charge of the justice branch of Chile's Public Defense Office. Earlier this week his office released a report that measured the effects of the Adolescent Penal Responsibility Law in the law's first year. The Adolescent Responsibility Law seeks to encourage adolescents - Chileans between 14 and 18 years - to be accountable for their actions by mandating sentences for their criminal actions. With this, the law's text stresses, "rehabilitation and social reintegration," as the guiding principles for adolescent punishment (ST, Feb. 23). Since its debut, the new law has sparked debate and controversy over its effects on the rights of juvenile offenders, much of which has been reignited by the Public Defense Office's report. The following article first appeared in the Chilean newspaper La Tercera.) The recent study on the first year of the new Adolescent Penal Responsibility Law that Chile's Public Defense Office offers a great deal of insight on the way the juvenile justice system works. Along with other information, their analysis favors a necessary evaluation of the recent reform and can foster legal, practical, and jurisprudential adjustments directed at its substantial improvement. Thus, juvenile justice could actually become a specialized justice, aimed at the social reintegration of the lawbreaker rather than mere punishment. Today's problems and challenges require such studies as a basis for serious and reasonable solutions. One of the study's most relevant facts is the evidence pointing out the excessive use of provisional detainment of adolescents awaiting trial. By law, minors may only be detained in exceptional cases, provided that the offense is an actual crime and the punishment is proportional to the offender's potential sentence - criminally charged minors should only be provisionally detained if they face highly restrictive incarceration. Provisional detention (which all juvenile offenders face regardless of their ultimate verdict) should not be worse than the sentence itself. These are teenagers, not adults, who are innocent until proven guilty and whose imprisonment breeds antisocial behavior. Despite what the law states, it is surprising that 2,495 adolescents were subjected to provisional detention during the first year of the juvenile justice reform, a number higher than that of the previous period. Of those minors, 618 were only 14 or 15 years old and 145 were girls. The average number of days that they were detained rose to 74, while in the old system it was only 60. More serious still is that the 89 percent of those who were prisoners during the process were not, finally, sentenced to closed imprisonment (the sentence that most restricts a juvenile's liberty). Even if one conceded that the option of lowered-security sentences was proportional to this preventative measure, there are still at least 1,000 young people who should never have been held in Chile's National Service for Minors (SENAME) provisional detention centers in the first place. The costs of the indiscriminate use of provisional detention take many forms. There are, for example, personal costs (prison diseases, living in the unsafe conditions found in many detention centers, suicide attempts), familial costs (abandonment, separation), social costs (stigmatization, affirmation of criminal identity), and economic costs (the need for new centers at the cost of more efficient alternatives). If we continue to ignore these issues, the question of using provisional detention is far from being an exclusively legal problem. Hopefully, judges and prosecutors will limit their use of this measure - changing detention into something short and uncommon that follows the Unites Nations' Convention on the Rights of the Child. In turn, the legislature could reinforce the rights of teenage prisoners to a prompt trial that takes priority, to periodic review of their status and to adequate defense and treatment. Moreover, early-release and work programs should be strengthened as a part of the social reintegration process. Until there is a change, in many cases provisional detention will be not only premature punishment but also more severe and unjust than that which is deserved. As a result, the potential of these 1,000 young people will remain miles under that of their peers.
http://www.santiagotimes.cl/santiagotimes/index.php/2009022515688/news/human-rights-news/reform-vs.-punishment-juvenile-prisoners-in-chile.html