A/HRC/24/57
force was assisting law enforcement authorities in the investigation and prosecution of
these cases.39
51.
From the information gathered from OHCHR in Burundi, since 2008 11 people have
been arrested in relation to attacks against persons with albinism, of whom six escaped and
one was convicted. In 2010, in the Democratic Republic of the Congo, two persons were
sentenced for the murder of a person with albinism. According to available information
from Côte d’Ivoire and Nigeria, two cases have resulted in convictions in each country.
52.
The monitoring of court proceedings concerning these crimes by civil society actors
is very rare, and associations of persons with albinism often lack the financial means and
expertise to conduct legal monitoring activities.
53.
According to information received by OHCHR, persons with albinism face
significant difficulties in having their cases brought to justice for the following reasons: the
fear of further attacks, reprisals or further stigmatization; difficulties in finding witnesses
owing to the ostracism they face within their community and, frequently, the involvement
of family and community members in the attacks; the lack of awareness of legal rights; the
lack of financial resources; the inadequate capacity of the judicial system to address such
cases; the lack of legal aid and adequate legal representation; and the lack of knowledge of
or confidence in the law enforcement and justice systems.
54.
As noted by the Special Representative on Violence against Children, “The human
rights violations committed against children with albinism are of the highest severity.
Discrimination, harassment and violence, including cases of mutilation and murder, are
often met with passivity and are rarely reported, as they take place in remote areas and
because such children are perceived as bringing bad luck and being a source of shame to
even their own families and communities ... Mutilation and murders of children with
albinism are mostly met by social silence and indifference”.40
55.
The information available to OHCHR indicates that access by persons with albinism
to justice, remedies and redress is extremely limited. The right of victims of human right
violations to claim redress and reparation is enshrined in most universal41 and regional
human rights instruments.42 Under this right, States not only have the duty to provide
redress for the harm suffered but also need to guarantee equal and effective access to
justice.43 Reparations should be proportional to the gravity of the violation and the harm
suffered and could take the form of restitution, compensation, rehabilitation, satisfaction,
and guarantees of non-repetition.44
56.
Further work is required in collecting legal data, including the analysis of criminal
laws in the countries concerned. This should be done in close cooperation with Member
States.
39
40
41
42
43
44
Correspondence received from the Permanent Mission of the United Republic of Tanzania, 21 March
2013.
Special Representative’s submission.
Universal Declaration of Human Rights, art. 8; Covenant on Civil and Political Rights, art. 2;
International Convention on the Elimination of All Forms of Racial Discrimination, art. 6;
Convention against Torture, art. 14; Convention on the Rights of the Child, art. 39.
African Charter on Human and Peoples’ Rights, art. 7; American Convention on Human Rights, art.
25; Convention for the Protection of Human Rights and Fundamental Freedoms, art. 13.
See Committee against Torture, general comment No. 3, para. 5.
See Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of the International
Humanitarian Law, paras. 18–23.
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