A/HRC/43/42/Add.1
12.
In sub-Saharan Africa, the reported frequency of albinism ranges from 1 in 5,000 to
1 in 15,000, with prevalence rates of 1 in 832 to 1 in 1,000 for selected populations in the
southern Africa region. It should be noted that these figures are outdated. New data is
necessary to reflect disaggregation by gender, age, and type of albinism.
13.
The Independent Expert’s visit took place at an opportune time. It was national
albinism awareness month. During the visit, the Government faced challenges on several
fronts, which included pockets of unrest and protests erupting in the country, as well as
large-scale problems around gender-based violence, femicide and xenophobia. In this
context, the President, Cyril Ramaphosa, held a dialogue on gender-based violence, in
which he specifically referenced the killing of persons with albinism as an added challenge
for the Government. The Independent Expert welcomed the statement by the President, as
well as past and ongoing initiatives that have brought the plight of persons with albinism to
the fore in South Africa.
IV. Legal and institutional framework
14.
In spite of the fractured history of the apartheid era, South Africa has progressed
significantly in terms of commitments to human rights law and standards. It has ratified a
number of core human rights treaties, including the International Covenant on Civil and
Political Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of Discrimination against
Women and the Convention on the Rights of the Child. It has also ratified the Convention
on the Rights of Persons with Disabilities.
15.
In April 2019, South Africa signed the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, aiming to ratify it
at the end of 2019. The Protocol particularly mentions persons with albinism and includes
reference to harmful practices, covering the various forms of harmful practices faced by
persons with albinism in the region.
16.
At the national level, South Africa has adopted an impressive array of legislation
concerning the rights of persons with albinism. These include the Constitution, of 1996,
which is one of the most progressive in the world, with its wide-ranging Bill of Rights that
prohibits discrimination on several grounds, including race, colour, sexual orientation,
disability and culture. The Promotion of Equality and Prevention of Unfair Discrimination
Act 2000 and the Employment Equality Act 1998 are both aimed at promoting equality and
eliminating discrimination, including for persons with disabilities, which includes persons
with albinism. The Employment Equality Act gives recognition to affirmative action
measures to redress past inequalities and inequities. High courts and magistrates’ courts are
designated as equality courts to hear cases of unfair discrimination, harassment and hate
speech.
17.
The White Paper on the Rights of Persons with Disabilities, of 2015, was approved
by the Cabinet, as the first step towards incorporating the Convention on the Rights of
Persons with Disabilities into national legislation.7
18.
Regarding the violence and transborder elements of ritual killings of persons with
albinism, the Criminal Procedure Act (Act No. 51 of 1977), the Legal Aid South Africa Act
(Act No. 39 of 2014) and the Prevention and Combating of Trafficking in Persons Act (Act
No. 7 of 2013) are generally adequate. The latter has a broad definition of trafficking and
sets out trafficking-related offences, with harsh penalties. The Independent Expert is
particularly pleased to note that the Prevention and Combating of Trafficking in Persons
Act covers the trafficking of body parts, and not just trafficking of persons and organs. This
is an important provision in the context of the type of ritual attacks faced by persons with
albinism.
7
4
The White Paper builds on the objectives of the Integrated National Disability Strategy of 1997.
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