A/HRC/34/59 22. Evans-Pritchard distinguishes between “witchcraft” and “sorcery”. 9 According to his definition, witches have supernatural powers and operate in secret, in order to harm victims by devouring their life essence. In contrast, a sorcerer is someone who does harm by using plant substances and rituals. The use of body parts of persons with albinism in amulets, charms, potions or other preparations could arguably fall under either category. Therefore, in the present report, the Independent Expert will use the term “witchcraft” to denote both concepts. She will not use the term “magic”, which has been employed in some cases to describe attacks against persons with albinism, because it seems to have a dual quality of both benevolence and malevolence, and may therefore be misunderstood. Since the report intends to capture witchcraft in the broader sense and its negative impact on persons with albinism, the term “magic” — in its malevolent form — will be understood to be subsumed by the term “witchcraft”. 23. From the sociological and anthropological perspectives, the following definition for witchcraft has been proposed by Marc Augé: witchcraft is “a set of beliefs, structured and shared by a given population that addresses the origin of misfortune, illness and death, and the set of practices for detection, treatment and punishment that corresponds to these beliefs”.10 Often, the diagnostic aspect of witchcraft often pinpoints an individual person as the source of the misfortune within the family, place of employment or community. 24. UNICEF extends this definition by adding that “witchcraft is a theory that explains and justifies a conception of the universe”.11 With both conceptualizations, witchcraft could also be described as a religion or belief. In various countries affected by attacks against persons with albinism, witchcraft beliefs and practices are widespread. Adherents are found across various strata of society, transcending socioeconomic class, the urban-rural divide and levels of education. 25. Witchcraft beliefs and related practices are not simply the repetition of ancient traditional practices; they can change or develop. While some beliefs and practices appear to have ancient origins that have been both preserved and adapted to contemporary contexts, other practices, such as the use of body parts from persons with albinism, are apparently of recent origin. In that regard, it would constitute a “new tradition” or an “invented tradition” that has been adapted or is adaptable to contemporary society. Some stakeholders suggest that attacks against persons with albinism are a recent phenomenon because of the rapid spread of the problem across multiple countries in the last 10 years. For example, stakeholders in Malawi and in Mozambique repeatedly stated that the use of body parts of persons with albinism was not a traditional practice in their respective countries and that it had developed recently, influenced by practices in other countries. However, there are insufficient data to support this assertion. In addition, even if it were substantiated, attacks and the use of body parts linked to witchcraft practices could not take hold so quickly in a country unless there was already a context facilitative of witchcraft beliefs and practices. 26. Although belief in, and practice of, witchcraft can be associated in certain cases with empowerment, healing and cleansing, attacks and use of body parts of persons with albinism, regardless of the purpose for which they are used, cannot under any circumstances be considered an elemental part of any legitimate practice, whether linked to witchcraft or to traditional medicine, because such acts inherently constitute criminal 9 10 11 www.unicef.org/wcaro/wcaro_children-accused-of-witchcraft-in-Africa.pdf. E.E. Evans-Pritchard, Witchcraft, Oracles, and Magic among the Azande (Oxford University Press, 1976). La construction du monde (Paris, Maspero, 1974), quoted in UNICEF, Children Accused of Witchcraft. UNICEF, p. 10. 7