A/HRC/43/42/Add.1
64.
The above-mentioned workshop was part of the #ICanBe campaign – a partnership
between the Department of Social Development and the Albinism Advocacy for Access
Foundation which brings together learners and mentors with albinism. The Independent
Expert commends these programmes and encourages similar workshops in all provinces.
65.
Education support at higher education or tertiary institutions, provided by disability
units, was often reported as a positive experience by persons with albinism. These units
could benefit from more resources and more consistency in their delivery of services and
support.
(f)
Employment and adequate standard of living
66.
Persons with albinism, in common with other persons with disabilities, face
extensive discrimination and marginalization when it comes to accessing employment
opportunities. The State has had difficulty in achieving the 2 per cent employment target for
persons with disabilities. The private sector has experienced similar difficulties in achieving
its self-set employment equity targets. When persons with disabilities have been hired,
there has been a tendency to relegate them to low-ranking jobs; this has sometimes included
outdoor jobs, with exposure to the sun, thereby increasing the risk of skin cancer. The lack
of understanding about reasonable accommodation, in both the public and private sectors,
has been a serious barrier to inclusion; the South African Human Rights Commission aims
to change this, with its Toolkit for Employers. For persons with albinism, the situation is
exacerbated by there being little accurate knowledge about the condition, and widespread
myths. The compounded issue of aversion on the grounds of appearance and/or race,
combined with visual impairment, influences the ways in which employers and co-workers
regard persons with albinism.
67.
The disability grant, provided to all persons within a particular (low-) income
bracket who qualify through a means test as well as an impairment test based on a medical
model, exists to mitigate poverty for persons with disabilities. Persons with albinism
reported that they had been disqualified from that grant for failure to meet the requirements
of the impairment test. Due to the variation in levels of vision impairment among persons
with albinism on the one hand, and to lack of knowledge of the condition on the other, the
grants have been issued to persons with albinism across the country in a non-uniform way.
The Independent Expert urges the Government to move away from the medical approach to
disability that is entrenched in the grant-issuing processes and to standardize provision of
the grant to all persons with albinism.
68.
As a result of the challenges in accessing adequate education, persons with albinism
face significant difficulties in getting employment indoors which could provide them with
protection from skin cancer and with an adequate living. This cycle often ends up in
poverty and early death.
(g)
Access to justice
69.
While South Africa has been exemplary in its response to reported cases of attack in
recent years, some challenges to access to justice for victims remain. Sensitization of law
enforcement officers within the country, and at the borders, on issues concerning the
insecurity faced by persons with albinism, and on how to respond to persons with
disabilities, is necessary. Long delays in DNA analysis have reportedly threatened the rapid
determination of these cases. Lack of public knowledge about legal procedures in
communities affected by attacks has prompted, and led to threats of, mob violence against
accused persons, who should be protected from extrajudicial attacks and need to be
prosecuted in a court of law.
70.
The Independent Expert noted that many persons with albinism lacked knowledge of
their human rights and the relevant international and national legislation, that they could
have recourse to where violations had occurred. The absence of such knowledge and
capacity is worrying and is a major barrier to accessing justice. The round table and
meeting of the task force, hosted by the Department of Social Development, in addition to
other initiatives such as annual training at the Centre for Human Rights at the University of
Pretoria, have strong potential to remove this barrier.
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