A/HRC/34/59
Representative of the Secretary General on Violence Against Children in 2012, it is stressed
that vulnerable children such as children with disabilities, children with albinism, premature
babies or specially gifted children are often the target of witchcraft accusations. 15 The link
between witchcraft and persons with albinism was also noted in western Sudan where
persons with albinism were accused of taking part in “strange and dangerous practices”
related to witchcraft.16
38.
In addition, the common belief that persons with albinism are a bad omen or a curse
on their family or on the community, although not, stricto sensu, a witchcraft accusation,
does attribute evil qualities to a newborn, with an impact on the mothers and family
members in a manner that is strongly analogous to the impact stemming from witchcraft
accusations. Consequently, infanticide, abandonment of children with albinism and
exclusion of the children and their mothers from community life (either structural expulsion
or exclusion from participation) have been reported to the Independent Expert.
Criminalization of witchcraft
39.
The question of whether to criminalize acts of witchcraft was examined by Philip
Alston.17 After considering various arguments in favour of criminalization, including that
local customs should be reflected in national law; that criminal law should protect against
all types of violence, including violence committed by occult means; and that the failure of
criminal law to address such acts leads individuals to take the law into their own hands to
achieve what is popularly considered to be a just and fair result, he concluded that the
weight of the arguments against criminalization was superior. Criminalization would
reinforce the social stigmatization of those accused, and such a prohibition of witchcraft
might be socially perceived as providing legitimacy to the killing and ill-treatment of
alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the
difficulty of finding a clear definition of the concept and the impossibility of identifying
objective factors as evidence to be weighed in a court of law were sufficient bases on which
to conclude that acts of witchcraft as such should not be criminalized. This does not mean
that criminal action becomes legitimate when committed for witchcraft purposes, but rather
that a licit action should not be considered a criminal act because it is conducted for
witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere
or inextricable) link to witchcraft.
40.
Similarly, the Special Rapporteur on freedom of religion or belief stated in the report
of his mission to Sierra Leone (A/HRC/25/58/Add.1) that freedom of religion or belief,
while allowing for legally defined limitations to protect the rights and freedoms of others,
must be broadly understood. Witchcraft-related beliefs, whether in their ancient or modern
form, are protected under the freedom of belief, as are actions related to such beliefs, as
long as they do not violate the rights of others. However, he also stressed that “the serious
harm inflicted on persons accused of witchcraft can never be justified”, and that “if
someone were to invoke the right to freedom of religion or belief in order to support
harmful practices, such as the persecution and punishment of alleged witches, this would be
a clear case for limiting the application of freedom of religion or belief”. The same
15
16
17
10
Office of the Special Representative of the Secretary General on Violence against Children and Plan
International, Protecting Children from Harmful Practices in Plural Legal Systems (New York, 2012).
Available from
http://srsg.violenceagainstchildren.org/sites/default/files/publications_final/SRSG_Plan_harmful_prac
tices_report_final.pdf.
H. Labouret, “La sorcellerie au Soudan occidental”, Journal of the International African Institute,
quoted in UNICEF, Children Accused of Witchcraft.
Alston, “Of witches and robots”.
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