A/HRC/40/62
of fear of witchdoctors accused of crimes against persons with albinism. Some judicial
officers are also fearful for the personal safety and welfare of their family. Redson Kapindu,
from Malawi, noted that the heightened sense of insecurity among magistrates was also a
factor of concern in cases involving attacks on persons with albinism. Magistrates
expressed fear that in some cases, especially when a suspect was acquitted, there was a
heightened sense of personal and family insecurity due to anger within the community.
Magistrates are not provided with any form of security. 55
70.
In several of the submissions received stakeholders noted that in instances of human
rights violations against persons with albinism, remedies provided by the judicial system
beyond the prosecution of perpetrators have provoked an outcry of dissatisfaction. 56 There
is need for Government to establish a “special fund” to facilitate compensation for those
who have suffered attacks and other violations. This proposal is, however, not intended to
negate the importance of successfully holding perpetrators to account through the criminal
justice system. States need to consider other forms of reparation with the intention of
restoring the dignity of the victims and their role in society.
71.
The delays and challenges in the logical conclusion of cases of attacks against
persons with albinism have led to members of the public becoming increasingly frustrated
with, and suspicious of, the justice system and taking matters into their own hands, through
mob violence in some cases. Furthermore, these challenges often breed a culture of
impunity, appealing to would-be offenders.
Curricula and training: increasing legal awareness for law enforcement and judicial
practitioners
72.
There has been some progress in increasing legal awareness and knowledge
regarding the protection of the rights of persons with albinism. For instance, the United
Nations in Malawi has developed a handbook for investigators, prosecutors and magistrates
that outlines the legal provisions that can be used in responding to attacks on persons with
albinism. Following the production of this handbook, the United Nations conducted
training of 148 police officials, prosecutors, investigators and magistrates. 57 Despite these
efforts, a considerable number of offences continue to be “charged under general provisions
and not the provisions specific to persons with albinism”, which offer greater protection.58
73.
It has also been reported that lack of knowledge is more common among magistrates
of lower jurisdiction as compared to professional magistrates. Ironically, the former are
more accessible to people. Similarly, lack of knowledge is also reported among court
administrators and court clerks who register cases and are usually the first points of contact
for those seeking justice through the courts. Thus, some clerks send persons with albinism
away or encourage them to mediate as opposed to utilizing the court process in instances of
rights violations.
74.
Training opportunities should therefore not be limited to a particular cadre of the
justice system; they should cut across all levels of the hierarchy of the legal system, with
prioritized focus on those who are first points of contact. It is the response of these critical
entry points, such as clerks and registry officers, that will largely determine whether
persons with albinism whose rights have been violated or their relatives will seek to
proceed with a case. If these critical actors have particular biases, are disrespectful or
provide insufficient or misleading information, it can adversely affect the progress of the
case.
75.
In order to address challenges associated with the poor capacity of magistrates of
lower jurisdiction, some countries have ordered that cases of serious violations of persons
with albinism be handled by magistrates of a higher grade. Subsequent to the country visit
of the Independent Expert to Malawi, the Chief Justice issued a practice direction to this
55
56
57
58
14
Ibid., p. 43.
Submissions from stakeholders in Malawi and the United Republic of Tanzania.
Submission from a stakeholder in Malawi.
Kapindu, Study on Challenges, p. 15.
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