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. 11

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