A/HRC/24/57
27.
The information on the various cases collected by OHCHR came from multiple
sources, but the level of verification varies in each case. In most cases, the information was
received by national and international non-governmental organizations working for the
promotion and protection of the rights of persons with albinism, gathered through field
work and contacts with family members. Some cases could be confirmed through police
records and court verdicts, and a few were verified by OHCHR field presences.
28.
According to civil society organizations working on the issue, in countries where
witchcraft is practised, the demand for human body parts tends to increase in the lead-up to
and during elections, thereby generating greater risks for persons with albinism during these
periods.19
29.
As the body parts of persons with albinism are traded for high prices, it is reported
that business people and wealthy members of society foment these ritual attacks.20 It is also
reported that law enforcement authorities fail to properly investigate and prosecute, and
sometimes cover up, such crimes. In one of the cases reported to OHCHR, four high- and
middle-ranking police officers were arrested on suspicion of accepting bribes from
witchdoctors wishing to escape prosecution.21
30.
The killing of and attacks against – including mutilation of – persons with albinism
violate the right to life, the right to security of person and the prohibition of torture and illtreatment22 as enshrined in various international human rights treaties.23 While attacks
against persons with albinism are “manifestations of the worst forms of cruel, inhuman or
degrading treatment and can never be justified”,24 they also could qualify as torture, both
physical and mental, if the authorities fail to provide the necessary preventive and
protection measures.
31.
Whether any particular ritual killing or attack against persons with albinism is
attributable to a State agent needs to be determined on a case-by-case basis. In addition to
cases of direct liability, the State violates its obligation to ensure the right to life and the
prohibition of torture and ill-treatment by failing to take appropriate measures to prevent,
investigate, prosecute, punish or redress25 the harm caused by the attacks on persons with
19
20
21
22
23
24
25
Submissions from Bien-être des Albinos de Côte d’Ivoire, Association nationale des Albinos de Côte
d’Ivoire, Association nationale des Albinos du Sénégal and UTSS. Some cases reported in the media
refer to ritual attacks during electoral periods. As an example, see “Swazi Albinos Plead for
Protection Ahead of Vote”, Daily Nation, 24 May 2013. Available from
www.nation.co.ke/News/world/Swazi-albinos-plead-for-protection-ahead-of-vote/-/1068/1861356//item/1/-/blp9q0z/-/index.html.
Submissions from Special Representative on Violence against Children and UTSS submissions.
UTSS submission.
The generic term “ill-treatment” refers to any form of cruel, inhuman or degrading treatment or
punishment in accordance with article 16 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
Article 6, paragraph 1, of the International Covenant on Civil and Political Rights and article 6,
paragraph 1, of the Convention on the Rights of the Child consecrate the right to life. Article 9 of the
Covenant provides for the right of every person to security of person. Article 7 of the Covenant and
article 37 (a) of the Convention prohibit torture and ill-treatment. See also the Convention against
Torture.
Press statement, “Not ghosts”.
The Committee against Torture considers that the term “redress” in article 14 of the Convention
encompasses the concepts of “effective remedy” and “reparation”, entailing the full scope of
measures of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
See Committee against Torture, general comment No. 3 (2013) on implementation of article 14 by
States parties, para. 2.
7
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