A/HRC/40/62 63. In this context, what seems to be missing is the opportunity to think beyond lawyers as the sole providers of legal aid services. Meaningful engagement with community members to seek alternative but equally effective avenues for legal aid services is critical. 50 Judicial response 64. The Independent Expert observes that, regarding and following heightened attacks against persons with albinism, commendable efforts in legislative reform have been initiated in several countries. For instance, an amendment to the Penal Code in Zambia now criminalizes the possession of human body parts. Malawi amended the Anatomy Act in 2016 in order to better regulate matters relating to possession of human tissue, and provides for stiff sentences. Furthermore, the Penal Code in Malawi was amended to specifically penalize attacks against persons with albinism. 65. However, in spite of existing legislation, including general provisions against murder and causing grievous bodily harm, there are concerns that weak enforcement of such laws have led to limited progress on the ground. 51 Dissatisfaction with sentences issued by the courts against those convicted of attacking or killing persons with albinism are common. In a report from Malawi it is noted that a lack of guidelines and standardization of sentencing principles has led to general mistrust in the judicial system. Furthermore, the charges brought and penalties imposed often have not matched the gravity of the crimes, creating a climate of impunity as well as deep fear. However, there seems to be progressive change as magistrate courts have recently handed down harsher sentences than in the past in cases that involved crimes against people with albinism. 52 66. In spite of inconsistencies in terms of sentencing in Malawi, it is worth noting that the majority of cases of attacks against persons with albinism that are prosecuted result in a conviction: of the 45 cases that have been prosecuted, 38 have resulted in convictions, while 3 were acquittals. However, in comparing the number of cases reported with the number concluded, it was reported that “the majority of crimes remain unresolved due to failure in the administration of justice”.53 67. In addition, significant concerns about delays in concluding cases of attacks against persons with albinism remain widespread. Almost all responding organizations representing persons with albinism attributed this to several factors, including an overall backlog of cases, investigation and evidentiary delays as well as limited resources, including lack of resources to undertake forensic assessments. In order to address the challenge of limited resources, it is reported that some civil society actors sometimes fund the prosecution of cases involving attacks against persons with albinism to expedite the process. While this has been effective in some instances, it is not a sustainable measure. 68. Delays in concluding cases involving attacks against persons with albinism are more notable when murder is involved. An analysis of 23 murder cases in Malawi involving persons with albinism established that the average trial period was 20 months, and as of March 2018, only 1 of the 23 cases had been concluded. This means that in the remainder of the cases the trials would last even more than 20 months. In contrast, lesser offences, such as those involving verbal abuse, threats, trespass of burial places, exhumation of human tissue and selling of human tissue, were found to have been concluded relatively quickly.54 69. The effective administration of justice is also hampered by lack of cooperation from witnesses, largely due to fear of witchcraft. These superstitious fears have also been associated with prosecutors. An organization representing persons with albinism from the United Republic of Tanzania noted that some prosecutors withdraw from proceedings out 50 51 52 53 54 See, generally, Peter Chapman and Alejandro Ponce, “How do we measure access to justice? A global survey of legal needs shows the way”, Open Society Foundations, 16 March 2018. Submission from a stakeholder in Zambia. Amnesty International, Towards Effective Justice Reform. Ibid. Kapindu, Study on Challenges, p. 38. 13