05.04.2011
A fourteen year old boy, Baraka, has been sentenced to six hits on the butt with a hard wooden stick executed by a professional from the adult prison. This is the first corporal punishment given while I’ve been here. The judge gave this ruling as a consequence for stealing 50 Euros. He’ll receive the punishment next Tuesday. I spoke with Baraka and as it turns out he’s been living with he’s grandfather and his new wife before the incident, but now his grandfather wants nothing to do with him. According to Baraka the rest of his family treats him as an outcast and doesn’t want to take him in either. It’s been like this for years. The grandfather hasn’t told the judge that he won’t continue caring for him because otherwise the judge would not release him after his punishment. Problem is apparently he has nowhere to go from next Tuesday onwards. The prison director said he would arrange for the boy to get a bus fare back to his village, 45 minutes away, and advised him to go get the village elder, explain his problem and together solve issues with his grandfather. This is a common method used here when dealing with issues within the family. Every village has elders, “wise men”, who can be contacted to serve as unbiased mediators in situations of conflict. Many times a judge will dismiss a case between family members and have it brought back to the village. Meaning it is to be dealt with the help of village elders.
Wolfgang doesn’t see a problem with letting a fourteen year old child travel alone to settle a conflict with people who claim to have no interest in him, but determine whether he has a place to sleep the next night. Well I can’t let him go knowing he’s whole existence might change from child to street child so I’ve arranged for a local friend to drive us over to the village which he luckily has contacts in. We’ll go to see the elders and then hope the grandfather will accept his responsibility and take the boy back home. If not, my friend can make arrangements for Baraka for a few nights and we’ll have to contact orphanages to see if one of them has room. In law a caretaker cannot abandon a child and is meant to care for them which will make it hard to find Baraka another place to stay. In reality at least half of the cases at Mahabusu deal with parental neglect.
I’ve had counseling sessions with each of the kids and have come across 8 cases where the child’s parents most likely have no idea where he or she is; dead or alive. Some have been at Mahabusu for months without a word from the family which gives cause to believe the family thinks they are still at school or working as a house boy/girl with the parents living in another part of the country. Most people don’t have phone numbers and houses don’t have addresses so it is very hard to find them. Mahabusu doesn’t have the funds (and the Mama’s don’t have the interest) to inform relatives of the kids faith. Neither does the police. When a child is caught in act or accused of a crime by someone they are brought straight to Mahabusu through the court house. The police don’t mind themselves with contacting guardians. They’re only concern is the allegedly committed crime. No investigation is performed. If you are accused you’re taken to prison which can easily be for months at a time. The time spent in custody pending trial is not subtracted from your possible sentence. Mariam, a substitute to Beatrice (translator) for the time being, and I will try to find some families or relatives which live in the area.
In general during my time in Mahabusu my concern is not who is innocent and who’s guilty, I’m not a lawyer nor can I influence the courts decisions, but rather human rights, fair treatment, counseling and education. Of course the circumstances limit the possibilities, but even a small step is a step.
At night we said goodbye to Maja and Sara our Danish nurse friends with dinner at an Indian restaurant. Yummy!