UNICEF Recommendations: Participation and Protection of Children in the Liberia TRC Process

Key Principles:

• Best interests of the child guides the entire process.

• Children must be treated with dignity and respect.

• Any participation of children is voluntary, on the basis of informed consent by child and parent/guardian. There should be no power of subpoena for children.

• Safety and security of all child statement givers is paramount, including protection of children’s physical, spiritual and psychological well-being.

• Determine child’s eligibility to give statement based on i) vulnerability assessment, and ii) safety check list.

• Child friendly environment for statement giving, one-on-one unless child requests the presence of a social worker and/or family member or guardian. There should be no public disclosure or group discussion or direct engagement with an alleged perpetrator.

• Girls interviewed by female statement takers unless they choose otherwise.

• Confidentiality and anonymity of the child guaranteed and no sharing of information with outside body, including judicial mechanisms.

• Psychosocial support provided before, during and in follow up to the process of statement taking.

• All statement takers and social workers to receive training in child rights and child protection.

• No TRC has created a judicial link or exercised judicial powers with respect to children. It is strongly urged that judicial measures are not used by the TRC in its involvement with children.

• Under no condition should the child’s statement or testimony be shared with any judicial body.

Recommendations for Statement Taking:

• With respect to children, the statement taking should be considered as the child telling the story of what happened, recounting their experience.

• Equal treatment of all children coming before the Commission with all children to be treated as witnesses.

• Representative participation, to the extent possible, including geographical balance, diverse experience of children, range of violations suffered, roles played, political affiliation, and equal representation of girls.

• Quality of statements and treatment of children is more important than the quantity of statements obtained.

• CPAs and other groups with experience in working with children to assist in statement taking: i) overall guidance, ii) identifying children, iii) facilitating access to children by TRC, iv) psychosocial support available for children before, during, after statement taking, as well as follow up visits.

• Before participating, all children should be informed: i) Purpose and objectives of the TRC, ii) Confidentiality of their involvement, iii) Their role in the TRC and what their involvement will achieve, iv) Role of statement taker, v) Timeframe.

• No fixed minimum age is recommended but participation should depend on the child’s maturity and evolving capacity, taking into consideration, i) willingness to provide a statement, ii) Understanding the purpose of giving the statement, iii) ability to deal with the emotional impact.

Recommendations for child-friendly environment:

• Familiar environment (in a school, recreation centre or religious centre) that is quiet and safe.

• Informal setting, with child and statement taker sitting at the same level.

• Time allowed at the beginning to establish a friendly relationship between statement taker and child.

• Interview conducted in the child’s language.

Recommendations for interview:

• Begin with introduction, who is the interviewer, explain purpose and ask permission to record the statement. No oath should be requested.

• Friendly, informal, relaxed approach.
• Be respectful, do not judge the child.
• Use language and concepts appropriate to the child’s age.

• Allow the child to tell her or his story in their own way, give enough time without rushing or impatience.

• Ask open-ended questions. For example, i) what happened, ii) when did the events happen, iii) where did the events happen, iv) who was responsible, v) do you know why the events happened, vi) what effect did the events have on you, vii) what happened to your family, viii) did anyone try to help, ix) what should be done to make sure the events never happen again, x) what else do you remember, xi) is there something more you would like to say.

• Do not ask several questions in the same sentence, ask questions one at a time.
• Do not ask leading questions that are answered by “yes” or “no”.
• It is acceptable to ask the child to clarify or explain but the child should not be cross examined.
• Do not repeat questions or put pressure on the child if they are not able or willing to provide information or do not wish to speak about an issue or an event. Never force a child to talk.
• Do not interrupt.

• The interview should not exceed one hour, including a 10 minute break, for children aged 12 and over. If the time is inadequate and the child wishes, then a second interview could be scheduled. If the child is below 12 years, then the interview should not exceed 45 minutes.

• The child should be able to ask questions.

• If the child is upset or distressed, take or break or suspend the interview. If the child wishes to end the interview before it is completed, then it should be terminated.

• The social worker (or parent/friend/guardian) should be available to provide support to the child following the interview.