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. 9

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