A/HRC/28/75
31.
The challenges persons with albinism face in having their cases brought to justice
are grounded in the vulnerability of the population. They include
the fear of further attacks, reprisals or further stigmatization; difficulties in finding
witnesses owing to the ostracism they face within their community and, frequently,
the involvement of family and community members in the attacks; the lack of
awareness of legal rights; the lack of financial resources; the inadequate capacity of
the judicial system to address such cases; the lack of legal aid and adequate legal
representation; the lack of knowledge of or confidence in the law enforcement and
justice systems.23
32.
Without effective and affordable access to justice, persons with albinism are unable
to adequately claim their rights and contest the human rights violations which they are
subjected to.24 As a result, no type of redress is available to victims, even in the form of
medical and psychological support.25 To date, it is reported that most assistance to victims
in the form of medical and psychological support has been provided exclusively by nongovernmental organizations.
33.
The link between poverty and witchcraft is also a matter of concern and has been
explained in the following terms:
As is the case with witchcraft accusations against women, the elderly and children,
muti26 murders of persons with albinism appear to follow patterns of poverty,
misfortune, tension and conflict in societies. Attacks may originate from tense social
relations, where no effective or social alternative exists to release or explain such
tension. Lack of access to basic resources, education and basic health services
correlate with such human rights abuses. These spiritual explanations act as a way of
justifying life’s misfortunes, hence, maintaining social order. It is, predominantly,
the most vulnerable and marginalized groups in society who are accused of
witchcraft, because they are either least able to defend themselves from attack and
are, therefore, easy targets. Furthermore, as they are considered of little value to
society, they consequently become a burden [sic] in times of hardship.27
34.
States have an obligation to criminalize, investigate and prosecute perpetrators of
crimes affecting persons with albinism. That is even more critical given the heightened
vulnerability of persons with albinism. The strengthening of the legal response to killings
of, and attacks against, persons with albinism will also serve as a deterrent.
F.
Women and children
35.
The OHCHR report mentions that “women and children with albinism are
particularly vulnerable as they are exposed to intersecting and multiple forms of
discrimination. In addition, children are particularly targeted for ritual killings and women
with albinism are sometimes victims of sexual violence.”28 That is because there is the
23
24
25
26
27
28
Ibid., para. 53.
Ibid., para. 70.
Ibid., para. 55.
Muti is a word used in Southern Africa to refer to magic that enables people to gain power or wealth.
The Witchcraft and Human Rights Information Network, “Exploring the role of Nollywood in the
Muti murders of persons with Albinism” (16 August 2013).
A/HRC/24/57, para. 74.
9
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