A/HRC/40/62
effect.59 Although this action is commendable, it has been reported that due to the limited
number of resident magistrates in the country, the practice direction has only magnified
delays in the prosecution of cases.
76.
The jurisprudence on the rights of persons with albinism is still developing and case
consolidation and analysis, as has recently been done in Malawi, are rare. This signals the
need for more efforts to consolidate information, share best practices and use evidence for
better interventions in justice reform.
Barriers regarding testimonies
77.
Negative attitudes and stereotypical assumptions about persons with albinism can
sometimes result in their being viewed as unreliable witnesses incapable of giving evidence,
making legal decisions or participating in legal proceedings. 60
78.
Barring one case reported from the United Republic of Tanzania, where counsel for
the defence used the visual impairment of the victim to raise a reasonable doubt about her
ability to recognize the accused, information received reveals that there are largely no direct
barriers to admitting the testimony of people with albinism and their family members.
However, in a report compiled by the African Committee on the Rights and Welfare of the
Child during its on-site visit to shelters housing children with albinism in the United
Republic of Tanzania, the Committee noted concerns around testimony from witnesses,
with witnesses refusing to provide evidence in court “out of fear of reprisal from
witchdoctors”.61 Others also fear the social ostracism that comes with participating in a trial
as a witness, especially in instances where the perpetrator is a “popular figure” within the
community.62
79.
Other stakeholders have cited instances in which potential witnesses face threats and
reprisals, thus adversely affecting their participation in the trial process. It was repeatedly
cited in responses from various countries that the unavailability of witness protection
programmes results in cases being lost that would otherwise have been won. A stakeholder
from Uganda stated that in Rukiga District, a person with albinism was attacked with a
machete but the attacker was released because of threats made to the family of the victim,
resulting in the case being withdrawn. A stakeholder from Benin also referred to difficulties
during investigations and prosecutions due to threats made against families. In addition, in a
submission from Malawi a stakeholder referred to the lack of appropriate protection of
witnesses.63
Accountability, enforcement and oversight
80. Submissions received have largely attested to the availability of norms and standards,
often in the form of laws and policies guaranteeing accountability and legitimate conduct
by formal justice actors. However, there is a lack of resources and weak capacity to
exercise effective accountability and oversight measures in the delivery of justice.
81.
To illustrate, there is evident frustration with the lack of progress on cases, as
indicated in Zambia where few cases have progressed. In a submission from Malawi it was
noted that the Ministry of Justice, in a report to the Social Welfare Committee of parliament
in September 2017, indicated that 42 per cent of crimes had no identified perpetrators.
82.
There appears to be a growing perception that law enforcement and the judicial
system fail to successfully conclude cases due to corruption. 64 It was reported that police
59
60
61
62
63
64
Practice direction No. 1 on handling of cases concerning persons with albinism by magistrates, issued
by the Chief Justice on 3 May 2016.
See, generally, Australian Human Rights Commission, Access to Justice in the Criminal Justice
System for People with Disability, Issues Paper (Sydney, 2013).
African Committee of Experts, Report on Investigative Mission on the Situation of Children with
Albinism.
Submission from a stakeholder in the United Republic of Tanzania.
Similar sentiments were expressed in a submission from a stakeholder in South Africa.
Stipulated by respondents from Malawi and Uganda.
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