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machete but the attacker was released because of threats made to the family of the victim, resulting in the case being withdrawn.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. 15

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