A/HRC/40/62
programmes and activities that support the process of social change and promote positive
practices and beliefs.
39.
Another legal barrier consists of failed attempts to trigger legal protection in all
instances of rights violations beyond attacks. For instance, in almost all the submissions
received stakeholders expressed concerns about the failures of the State to fulfil the
socioeconomic rights of persons with albinism, in particular in the areas of health,
education and employment. In addition, it was indicated that these socioeconomic rights
cannot be enforced in most courts, which is not in line with international human rights
jurisprudence.
40.
Some stakeholders also indicated that there was limited judicial recourse for
violations of the bodily integrity or privacy of a person with albinism. For instance, there
were reports of a number of cases in which the hair of a person with albinism was forcibly
cut off for ritual purposes, which the police tended to ignore as “there was no real harm”
caused to the victim.
41.
The tendency to seemingly “prioritize”, through registration, investigation or
prosecution of cases of certain forms of violation, raises significant difficulties. In a
submission from Zambia it is noted that while there are few reported murder cases, persons
with albinism continue to experience dehumanizing practices, including being spit on. Law
enforcement officials rarely act on these cases.
42.
Furthermore, the formal justice system is not always accessible to many, especially
those living in rural areas. Therefore, the informal justice system has at times been used as
an alternative but effective avenue for seeking justice. However, informal justice
mechanisms are not suitable to address some of the offences committed against persons
with albinism, including kidnappings, abductions and killings, as offences of such gravity
would normally attract severe penalties which the informal justice systems usually do not
have jurisdiction to administer. Hence, the option of accessing justice remains centred on
the formal system, which remains inaccessible for many.
V. Barriers in the administration of justice and law enforcement
Structural issues
43.
Poor coordination and lack of clarity about the referral mechanism within the justice
system negatively affect the ability of persons with albinism to expeditiously access
justice.29 In a submission from Malawi it is stated that there were numerous instances of a
case docket reaching the Director of Public Prosecutions, who then would refer it back to
the police for further investigation despite the fact that police officials reported that the
investigation had concluded; this causes serious delays.
44.
Further, many persons with albinism are not aware of the procedures to follow when
trying to seek justice in the formal justice system. 30 In cases where this information is
available, such as in flyers, manuals and procedural guides, it is challenging to understand
because it is often written in technical language. Law enforcement officials have also been
criticized for lacking resources and the requisite skills to undertake meticulous
investigations, including ensuring proper storage and/or utilization of evidence. 31 For
instance, there have been “serious concerns on … cases where police did not thoroughly
investigate how suspects obtain bones”. 32 This lack of capacity to carry out thorough
investigations is a core factor in the failure to arrest and prosecute suspects in cases of
29
30
31
32
Submission from a stakeholder in Togo.
Submission from a stakeholder in Uganda.
Submissions from stakeholders in Malawi, Uganda and the United Republic of Tanzania.
Redson E. Kapindu, Study on Challenges and Best Practices in Investigations, Prosecutions and
Sentencing in Offences against Persons with Albinism in Malawi, final report, submitted to: United
Nations Children’s Fund (UNICEF), March 2018, p. 22.
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