A/HRC/28/75
The severity of the violations of the human rights of persons with albinism and the
particular vulnerability of that segment of the population requires States not only to take a
more active role to protect them, but also to take effective measures to eradicate poverty
and improve enjoyment by persons with albinism of all their rights.
61.
There is increased engagement of international and regional mechanisms with the
issue of persons with albinism. Efforts however continue to be fragmented and only
partially address the complexity of the human rights challenges that persons with albinism
face. A more sustainable response, to bridge protection gaps and to ensure accountability
for human rights violations committed against persons with albinism, is required.
A.
States
62.
States are the prime guardians of the human rights of all persons within their
jurisdictions. States should have protection measures against practices such as attacks
against persons with albinism and should comply with their international obligations
concerning human rights, which are enshrined in both local laws and international human
rights legal instruments. With regard to the latter, special mention should be made of the
Convention on the Rights of the Child (see in particular articles 19 to 23), the Convention
against Torture, the African Charter on the Rights and Welfare of the Child, the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights. The existing body of international human rights law
in terms of general human rights, standards on non-discrimination, equality and human
dignity require effective implementation so as to protect and preserve the rights to life and
to security of persons with albinism, as well as their right not to be subjected to
discrimination, torture and ill-treatment.45
63.
Clear laws criminalizing and punishing acts of violence against persons with
albinism should be enacted. States need to clarify ambiguities where they exist in laws
relating to witchcraft and traditional health practice, including through the effective
regulation of the licenses of traditional healers and witchdoctor and a clear ban on the use
of harmful practices. Attacks against persons with albinism should also be considered as an
aggravated form of the crime, incurring a more severe punishment so that additional
deterrence may be achieved.46
64.
It should be stressed that simply promulgating laws is not enough to prevent
violence. They should be implemented. Current laws against assault and murder tend to
provide persons with albinism with minimum protection of their rights to life and security
of person. Without effective implementation of those laws, States may become complicit in
such attacks by enabling a reign of impunity and perpetuating fear of attack in the lives of
persons with albinism. Hence, laws should be accompanied by concrete measures that
would facilitate their implementation, such as advocacy and the training of law enforcement
personnel and judicial authorities.
65.
In order to respond to violence and discrimination against persons with albinism and
address their root causes, a multipronged and holistic approach is necessary, involving
protection and accountability measures in addition to broad public education campaigns. 47
45
46
47
16
Outcome report of the Expert Meeting on Persons with Albinism; Violence, Discrimination and Way
Forward, 24 September 2014, para. 54.
Ibid., para. 70.
Outcome report of the Expert Meeting on Persons with Albinism; Violence, Discrimination and Way
Forward, 24 September 2014 (see footnote 15), para. 52.
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