LocationsWhen Children are Victims of GBV: Fast Track Courts as Mechanisms for Justice
November 18, 2024
Flanked by several dignitaries from the Government of Zambia, the Governments of Ireland and Sweden, and UNDP Chief Justice Mumba Malila SC (Centre right) officiated at the Opening of the anti-GBV Fast Track in Solwezi. Three other Courts were launched during this period in Mansa, Kasama, and Chinsali
The thought of leaving children unattended as a working parent has never been an issue until hearing Dinah’s* story. Dinah’s tale is heart-wrenching and disturbing for a country where peace is preached and extolled as a national identity. Dinah is unable to recount her sons’ ordeals without shading tears. Her youngest son’s constantly reliving his broad day-time nightmares to anyone who dares listen to the GBV rape he and his elder brother experienced, does not help her.
Dinah’s son, only 3 years old at the time of the repetitive and systematic rape by a young male neighbour, has never forgotten his experience. His memory is also etched by his experience in the Fast Track Court (FTC) room, which provided him with the sanctuary of safety to give evidence using modern technology comprising video and audio links to the GBV courtrooms. His separation from the alleged perpetrator whilst giving his testimony in court gave him hope to retell the story without fear.
His boldness and consistency in his story could be attributed to many factors including the set-up and environment at the FTCs and its associated processes and procedures that are in place to deliberately protect child witnesses.
Legal Processes and Procedures
Whilst Mtendere Police Station, where she reported the matter to the Victim Support Unit (VSU), assisted her with the legal procedures to take, it was clear that Dinah and her boys needed help that transcended the incarceration of the perpetrator. The complexity of Dinah’s story required a multi-sector approach to address both the legal and psychological effects of the damages caused.
Dinah’s story is one full of a kaleidoscope of emotions; it reveals the sensitivity of GBV cases and the different support systems needed to dispose of them efficiently and effectively. Her disbelief and anger on discovering that her children had been abused is magnified when she questions her own absence from home and how she could have protected her children. She interrogates how this ordeal landed in her house when she trusted the friendship the perpetrator had cultivated with many children in the neighbourhood. This 360-degree introspection reveals her high anxiety levels on one hand, likely caused by the fear that justice could easily elude her and her children. On the other hand, her experience shows the need for a speedy justice system for victims to ensure information is not lost in the process of executing the legal requirements.
Armed with training from the GRZ-UN Joint Programme against GBV Phase I and II, Zambia Police Service (ZPS) provided Dinah with a swift Police Report and reference to the University Teaching Hospital (UTH) for medical examination of her boys. It was at the hospital where she received a confirmation that her boys had indeed been defiled and were suffering from prolapse. As part of the package of delivering justice for GBV survivors, the One Stop Centre at the hospital which provides several services including counseling to help the survivors was key in pacifying Dinah. According to UNICEF, One Stop Centres “provide services under one roof to avoid survivors moving from one place to another to access the service providers. Instead, all the service providers are located in one place. The centres coordinate survivor-cantered support from health workers, police, social workers, and legal personnel.”
The actual appearance of the inside of the Anti_GBV Fast Track Court where children sit as they provide testimonies.
Addressing the GBV Situation in Zambia
According to figures collected and shared by the VSU of the Zambia Police Service (ZPS), the country recorded 10,241 cases of GBV in the fourth quarter of 2022, compared to 7,920 cases during the same period in 2021, representing an increase of 2,321 cases. The figures show that 2,258 child victims were abused countrywide during the period, out of whom 1,636 were girls and 622 were boys. A total of 42,965 cases of GBV cases were recorded in 2023 whilst in 2022, the country experienced over 30,000 cases.
Broadly speaking there are two approaches to addressing GBV: response and prevention. Through the GRZ-UN Joint Programme on Gender-Based Violence Phase 2 (GRZ-UN JP Phase II) Response services aim to support and help survivors of violence in different ways (for instance medical help, legal framework, psychosocial support, and shelter). On the other hand, prevention initiatives are more proactive at identifying measures of preventing GBV from happening. In the case of Dinah and her children, the use of anti-GBV FTCs is a responsive mechanism supporting GBV victims and survivors. The GRZ-UN JP on GBV II was a consortium of 5 UN agencies (UNICEF, UNFPA, ILO, IOM and UNDP) in partnership with Government.
The GRZ-UN JP GBV II, financially supported by the Governments of Ireland and Sweden, focused on prevention and response at sub-national and national levels. The response component under this programme included several key elements, namely: Fast Track Courts (FTCs), One Stop Centres (Health Facility-based and Village-led One Stop Centres), Shelters, Savings for Change Groups, a child friendly spaces and Child Protection Policies. The Programme also aimed at strengthening professional practice through the capacity development of essential service providers such as police officers, social workers, medical workers, and legal officers to respond effectively, and efficiently, and provide comprehensive services to GBV survivors.
A Village-Led One Stop Centre - VLOSC
At the court, the little boys were expected to provide accounts of the nightmares – the champion of the court hearing, according to Dinah, was the younger son, who through officers from the social welfare department eloquently exposed the perpetrator and how he lured them. This was done through the FTC at the Magistrates Courts in Lusaka.
Launch of the Ten anti-GBV Fast Track Courts Across the Country
Meanwhile UNDP this year concluded the launch of the 10 FTCs. With support from sister UN agencies and the Judiciary Department in Zambia. UNDP’s journey to provide a secure legal space designed to expedite the adjudication of GBV cases, ensuring swift and fair justice for survivors, was concluded with the launch of the 10th FTC in Muchinga Province after the launch of four other courts in North-western, Northern and Luapula provinces. Speaking at the launch of the Luapula Anti GBV FTC, Chief Justice Mumba Malila, State Counsel (SC) lamented at the lack of speed and efficiency in delivering justice to GBV victims and highlighted that the FTCs are a positive development.
“GBV often occurs in family settings and victims and perpetrators alike tend to treat them as a family matter and prefer to hide them as such and seek ways of resolving them as a family. Traditional justice settings are often unsuccessful because these sessions are characterized by intimidation, rigid gender dominance, power of material resources and lack of support” said Chief Justice Malila.
Therefore, the first Fast Track Court in Zambia was launched in 2016 in Kabwe district aimed to accelerate the conclusion of any GBV case within the shortest time. Earlier in 2016, FTCs on GBV were launched in Eastern, Copperbelt, Southern, Western and Lusaka provinces.
Anti-GBV FTCs are specialised legal mechanisms providing safety features to ensure witnesses give evidence using modern technology comprising video and audio links to GBV courtrooms, which separate the alleged perpetrator and the victim from direct contact. The courtrooms are a conducive environment for both the accused and the witness. The courts are equally managed by trained personnel with manuals and guidelines designed to lead personnel on how to handle GBV cases in a fast-track court.
They provide confidence not only to victims of GBV but also to those supporting the strengthening of legal systems to achieve gender equality.
According to Kate O’Donnell, who spoke during the launch of the Solwezi anti-GBV FTC and represented both the Swedish and Irish Embassies, “our commitment to the GBV Programme from the beginning is part of our work with government and other Cooperating Partners and CSOs to further gender equality and empowerment of women and girls. Gender equality is a key priority in our foreign policy. We recognize that gender equality is a fundamental human right and a necessary condition to sustainable development.”
She reiterated that the Embassy of Ireland was “committed to intensify work around GBV including supporting strengthening legislation of policy frameworks to end GBV in Zambia.”
Inside the anti-GBV FTC
The anti-GBV FTCs were established to efficiently dispose of GBV cases that notoriously would last for over 36 months. However, with the anti-GBV FTCs the lead time on processing GBV cases is expected to be reduced to 6 weeks.
“This is a step in the right direction,” said Mary Mwansa, Senior Legal Counsel for National Legal Aid Clinic for Women. “This will support the justice system leading to timely and efficient disposal of GBV cases. Under the Act the cases should not go beyond 6 weeks”
This scenario is what Dinah and her boys found at the Lusaka anti-GBV FTC:
- Dedicated Judicial Personnel: FTCs are staffed with judges and prosecutors who specialize in GBV cases, ensuring a deeper understanding of the nuances involved in such cases and enhancing the quality of judgements.
- Simplified Procedures: These courts adopt simplified and accelerated procedures to avoid the bureaucratic red tape that often hampers traditional courts. This includes reduced timeframes for hearings and verdicts.
- Survivor-Centric Approach: Emphasis is placed on creating a supportive environment for survivors. This involves measures such as in-camera trials to protect the privacy of survivors, legal assistance, and psychological support.
- Training and Sensitization: Continuous training programs for judicial officers, police, and support staff on handling GBV cases with sensitivity and competence are a cornerstone of FTCs.
- Coordination with Support Services: FTCs often work in coordination with various support services, including medical, psychological, and social services, to provide a holistic support system for survivors and
- Child-friendly facilities.
Lessons Learnt
The GRZ-UN JP Phase II, which ran from December 2019 to June 2024 aimed to not only respond to the scourge but also to prevent GBV from happening. At the end of the programme, the anti-GBV FTCs demonstrated an important commitment to gender equality and equity because they strategically challenge the negative traditions and cultural norms and practices that contribute to silencing women from speaking about GBV cases. The concept originated in response to the inefficiencies of traditional court systems, which often left GBV cases languishing for years without resolution. These delays not only exacerbated the trauma experienced by survivors but also undermined the deterrent effect of the judicial system. FTCs aim to provide a more responsive legal framework by prioritising GBV cases and streamlining judicial processes.
Conclusion
Ensuring Gender equality is one of UNDP’s focus areas. The agency’s normative role in the country is to address access to justice, including pushing the SDG 5 (Gender Equality) and SDG 16 (Peace, Justice, and Strong Institutions) agendas.
Anti-GBV FTCs represent a significant advancement in the fight against GBV. By providing a more efficient and survivor-centric approach to justice, these courts have the potential to transform the legal landscape for GBV cases. However, to realize their full potential, ongoing efforts to address operational challenges and integrate FTCs within broader systemic reforms are essential.
Launch of the anti-GBV FTC in Chinsali, led by Honourable Mrs Justice Anessie Michael Banda Bobo (centre) and UN Resident Coordinator, Ms Beatrice Mutali (in sky blue).
The United Nations Resident Coordinator, Ms Beatrice Mutali cited that the FTCs, “come with the backdrop of other similar initiatives that are being undertaken to combat GBV and important to promote gender equality and women’s empowerment.” She underscored that the FTCs ideally should go a long way to address some of the lingering challenges affecting women and girls such as cyber-bullying, and thereby undermining the achievements already attained.
“We hope to work together to see what else needs to be done. We still have a long way to go,” she said.
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