The judiciary is preparing major changes to the way children are treated in the justice system, with new rules that will make it illegal to detain a child for minor offences.
The Chief Justice says too many children are still being held for crimes that do not justify imprisonment, a practice that violates their rights and goes against national laws.
The reforms were discussed during a high-level meeting held on November 24, 2024, bringing together judges, prosecutors, lawyers, investigators, and UNICEF officials.
The new guidelines were introduced by Chief Justice Donatilla Mukantaganzwa, who also chairs the High Council of the Judiciary.
Her proposal aims to ensure children receive justice that is fair, modern, and fully respectful of their rights.
Officials say the changes are urgently needed. Monique Mukamana from the National Child Development Agency (NCDA) noted that some minors are being jailed for offences as small as stealing a phone or a laptop—despite the law stating that a child should only be detained if the offence carries a penalty of more than five years in prison.
“There are children in detention for offences that do not deserve jail time,” Mukamana said. “If a child commits a minor offence, they should be allowed to stay home while their case is handled.”
Mukamana added that some children are also kept in police custody longer than the 15 days allowed by law, and some are questioned without a responsible adult present—leading them to make statements they may not understand.
Judiciary spokesperson Harrison Mutabazi said the new guidelines are designed to fix these problems by improving coordination between police, prosecutors, and courts.
He said the proposal will be reviewed by the High Council of the Judiciary before it takes effect.
Deputy Chief Justice Alphonse Hitiyaremye stressed that the new rules reflect a shift toward rehabilitation rather than punishment.
“We want a justice system that helps a child reform—not one that harms them unnecessarily,” he said.
UNICEF’s representative in Rwanda, Lieke van de Wiel, welcomed the reforms and promised continued support.
She said children often face obstacles when navigating the justice system and need a process that considers their age, well-being, and specific vulnerabilities.
The new rules are expected to take effect in January 2026. They will complement existing child-protection laws and help reduce unnecessary detentions.
Today, more than 395 children are held in Nyagatare Juvenile Prison for offences ranging from assault and drug use to theft. Officials believe that many of these cases would be handled differently under the new child-justice framework.
