A/HRC/34/59
IV. Conclusions and recommendations
91.
Witchcraft practice, in particular the use of body parts of persons with
albinism for muti or juju, is undeniably one of the main root causes of attacks against
persons with albinism. However, owing to challenges in conceptualizing “witchcraft”
using objective elements, attempts at establishing clear legal boundaries around such
practices — including to deter related harmful practices — have been elusive. One
key exception is witchcraft accusations, an aspect of witchcraft practice that can be,
and has been, legally captured with objective elements because there is no need to
define “witchcraft” itself to achieve the purpose of preventing accusations and related
violence.
92.
That being said, given the extent of witchcraft practices and the diversity of
victims of related harmful practices, including persons with albinism, a transversal
approach is timely. This could be in the form of a guiding document that takes into
account the several recommendations made to date, including by the Special
Rapporteur on extrajudicial, summary or arbitrary executions, the Constitutional
Law Reform Commission of Papua New Guinea and the preliminary conclusions of
the Independent Expert.
93.
Meanwhile, strategies such as action plans designed to address witchcraft and
attacks against persons with albinism should encompass a variety of measures, inter
alia, to reinforce the existing legal framework, enhance the protection of persons with
albinism, ensure awareness-raising and strengthen research and data collection.
94.
It is important to ensure that all stakeholders are closely associated with the
development and implementations of any strategies, including all relevant government
entities, academia and civil society, in particular, traditional healers, faith-based
organizations, organizations of persons with albinism and human rights
organizations.
95.
Addressing deeply rooted beliefs and practices such as witchcraft necessitates
efforts in public education, which ought to be sustained even when the most visible
aspects of the consequences of witchcraft on persons with albinism, namely the attacks
against persons with albinism, appear to be decreasing.
96.
Further, in addressing the issue of attacks against persons with albinism, all
initiatives are best taken using a dual or twin-track approach. Such an approach
would, on the one hand, urgently deal with attacks and trafficking of body parts for
muti and juju; on the other hand, measures employed should go beyond the
emergency of attacks, inter alia, to address root causes of attacks including, and
particularly, harmful practices linked to witchcraft.
97.
Accordingly, the Independent Expert recommends that Governments:
(a)
Review with a human rights approach, and repeal if necessary, outdated
legislation on witchcraft;
(b)
Develop, adopt and implement action plans or strategies addressing,
from a multisectoral approach, harmful practices linked to witchcraft and their
impact on all victims, including persons with albinism, in consultation with civil
society;
(c)
Regulate the practice of traditional medicine, including through
mechanisms such as a Government-led licensing and monitoring regime in both urban
and rural areas, and establish adequate standards for traditional medicine;
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