Email from Central America
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Date: 8 July, 2005
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'It is a call to the government
to start working in the foundations of the problem.'
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Holly Bruford looks at how the murder of a 14 year-old runaway from
a children’s home prompted a change in the law.
In the poorest sectors of Guatemala City, adolescents
live a life hardened and accustomed to violence.
Through a lack of opportunities, education and
role models, they are increasingly at risk to the influences of
alcohol, drugs and exploitation. This alarming and persistent problem
of juvenile delinquency, in the form of gangs, assaults and robbery,
is growing terrifyingly out of control.
Homes to protect those children that are at risk
have been set up to help prevent this demise. Guatemala’s state
homes, however, are overpopulated and under-funded, obliging minors
to be sent to private establishments.
Disturbingly, a legal mandate does not exist
for any institution to authorise, regulate or supervise the operation
of these homes. The majority lack adequate infrastructure and fail
to comply with the minimal conditions of health and security.
Worse still, there is no system to separate the
different needs of the children. Without being located according
to age, sex or necessity, they are influenced more by their peers
than by any rehabilitation programme.
Murder
A particularly shocking story to hit recent headlines
was the murder of 14-year-old Heydi Ruaño Lopez. Heydi had
suffered abuse from the age of seven and become immersed in a life
of drugs and gangs as a means of escape.
Her body was found stabbed 76 times in a hotel
room in Zone 1 of Guatemala City, notorious for its gang culture.
Her assassins have still not been brought to justice.
Days before her death Heydi escaped from the
children’s home Via Verdadera, where she had been sent by order
of a judge that recommended ‘psychological rehabilitation’.
She had, it would be right to assume, arrived in safe hands.
On the contrary, Heydi’s admittance into
this home was her downfall. Fellow children from the home have since
testified that whilst in the care of Via Verdadera they were physically
and psychologically mistreated and sexually assaulted.
This evidence has triggered a raid on the home
to rescue eight children as well as prompted media attention. A
recent edition of a national paper confirmed ‘sexual abuse
and maltreatment are common in some institutions of this type’
(La Prensa. 11.06.05).
The director of Via Verdadera, Julio Pernillo,
claims that ‘we should be supported instead of persecuted if
we do not fulfil some requirements’. He added ‘we are
not responsible for Heydi’s death because this case occurred
outside of the home after she escaped’ (La
Prensa 28.05.05). Via Verdadera has not yet been closed;
the decision will fall to the judicial authorities.
Institution
The Law of Protection of Children and Adolescents
does not establish which institution should take authority to demand
the minimum requirements and methods of discipline, an omission
that needs to be rectified by Congress.
Sadly it has taken a case such as Heydi’s
to instigate an investigation into this legal vacuum. Last weekend
delegates and representatives from various organisations met to
discuss the situation.
From the meeting it was reported that an official
register of private homes would be established, as well as a law
to ascertain the norms and supervision of the centres. They recognised
that further funding is a priority to improve resources and the
amount of state homes. In addition they applauded a campaign presently
running to generate knowledge, awareness and participation in minors
of school age about a culture of peace.
The current attention surrounding homes for children
at risk has initiated a much-needed evaluation of the system. As
the media spotlight moves on however, it is vital that a focus on
juvenile delinquency remains a priority. It is a call to the government
to start working in the foundations of the problem, concentrating
directly on the 49% of the population who are under 18, in education,
protection, equality and opportunities.
Hopefully, this will go someway into broadening
the horizons of the disaffected youth helping them to realise that
there are opportunities open to them beyond violence and crime,
which unfortunately at present are either the most appealing, or
the only option.
These are personal comments and not necessarily the position of Christian Aid or its partners.
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