A/HRC/24/57
45.
The documentation of these cases is difficult as, like in other births considered as
“abnormal”, the death of a child considered a curse is perceived as a beneficial act for the
family and the community. Thus, the killing is often done in secret and the birth is often
unreported.35 In some cases, a midwife assists in killing the child, announcing that the child
is stillborn and burying the child immediately, without the parents seeing it.36
46.
As mentioned earlier, the general absence of adequate registration of births and
deaths of persons with albinism hinders the reporting and investigation of cases of
infanticide. A few such cases have been reported to OHCHR by different sources.
47.
Article 6 of the Convention on the Rights of the Child consecrates as an inherent
right of the child the right to life, survival and development and article 19, paragraph 1,
requests States parties to take all appropriate measures to protect the child from all forms of
physical or mental violence. States parties are obliged to protect all children from
infanticide and abandonment, and should take steps towards the abolition of practices
which put the life of children under threat, including through the adoption of appropriate
criminal legislation.37
D.
Measures taken by States concerned
48.
The State’s obligations to take the necessary measures to prevent attacks and
discrimination against persons with albinism are particularly critical due to the vulnerable
situation of this group. These measures include the appropriate criminalization of such acts,
their investigation and the prosecution of perpetrators. They also include preventive
measures to protect persons with albinism and measures to ensure the access of survivors
and their families to effective remedies, redress and rehabilitation, including health care,
shelters and other services.
1.
Legal response and impunity
49.
In its resolution 23/13, the Human Rights Council expressed concern about the
impunity associated with attacks against persons with albinism.
50.
Very little information was available as to the legal status of the cases of ritual
attacks recounted to OHCHR. While some investigation and prosecution seems to take
place, sentencing appears to be extremely rare: of the 72 murders of people with albinism
documented in the United Republic of Tanzania since 2000, only five cases are known to
have resulted in successful prosecutions.38 While noting the State party’s commitment to
prevent, investigate and prosecute cases of mutilation and killing of persons with albinism,
the Human Rights Committee expressed concern about the high number of reported
incidents in the United Republic of Tanzania and the limited number of court cases and
slow proceedings in this regard (CCPR/C/TZA/CO/4, para. 15). In relation to four reported
cases in 2013 in the country, the Attorney General’s Chambers informed OHCHR that a
significant number of suspects had been apprehended and charged and that a special task
35
36
37
38
10
infanticide.
Cimpric, Children Accused, p. 26.
UTSS submission.
See also Committee on the Rights of the Child, general comment No. 13 (2011) on the right of the
child to freedom from all forms of violence and Human Rights Committee, general comment No. 6,
para. 5.
See press release, “Pillay condemns ‘abhorrent’ attacks on people with albinism in Tanzania”, 5
March 2013. Available from
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=13074&LangID=E.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents