A/HRC/40/62
attacks against people with albinism.33 There have also been frequent failures to meet the
evidentiary standard of “beyond a reasonable doubt” in many cases of attacks against
persons with albinism. Some stakeholders cited the high standard of proof in criminal cases
as a challenge that not only inhibits the effective conclusion of cases, but also adversely
affects willingness to pursue the case in civil court for other remedies.
45.
There have also been several incidents of cross-border trading of body parts of
persons with albinism. 34 Unfortunately, international cooperation to address such trade
remains limited. Malawi police have complained that once suspects flee to Mozambique,
their Mozambican counterparts often fail to cooperate, due to the absence of a detailed
memorandum of understanding or workable plan to give effect to standards in regional
extradition instruments. 35 Hence, investigations and attempts to investigate cases are
hindered. Commendable actions have since been initiated among Malawi, Mozambique and
the United Republic of Tanzania in the form of a plan of action on preventing and
combating trafficking of persons with albinism in the three countries. 36 However, there is
little indication that the plan is being effectively implemented.
Lack of access to information, education and training for people with albinism
46.
In almost all the submissions received, stakeholders stated that most people with
albinism have limited information and awareness regarding their rights and avenues for
seeking justice in instances of violations. Where legal aid is available by law, persons with
albinism lack this information, including where to go to access such services. While many
are aware of the police as an entry point to the justice system, exchanges with the police are
often not helpful and tend to require tremendous follow-up on the part of the person with
albinism. Interaction with police seems to be a missed opportunity for providing crucial
information to persons with albinism to improve their access to justice. 37 Therefore, along
with training justice responders on human rights, it is also imperative to ensure that persons
with albinism have the opportunity to learn to advocate for themselves and for other
persons with albinism.38
47.
Persons with albinism also require information about legal processes, which must be
provided at all phases of the administration of justice. The Convention on the Rights of
Persons with Disabilities provides that access to justice requires individual and public
awareness of how persons are entitled to and can access justice. In their submissions
stakeholders indicated that persons with albinism (or their families) face many challenges
in terms of seeking and receiving legal support and receiving information on the length and
costs of the process, existing procedures and possible outcome, including remedies.
48.
The concept of access to information not only necessitates that information be made
available, but that it be in an accessible format for users, 39 especially because persons with
albinism often have visual impairment. This point was reported in nearly all submissions
received by the Independent Expert. In the present era of technological advancements,
deliberate efforts are required to ensure that information on justice is visually accessible to
persons with albinism.40
33
34
35
36
37
38
39
40
10
Amnesty International Southern African Regional Office, Towards Effective Justice Reform for
People with Albinism in Malawi (Johannesburg, 2018).
Ibid.
Southern African Development Community, Protocol on Extradition.
Submission from a stakeholder in the United Republic of Tanzania.
This situation is reflected in various submissions, in particular those from Uganda and Zambia.
See David Allen Larson, “Access to justice for persons with disabilities: an emerging strategy”, Laws,
vol. 3, No. 2 (2014), particularly p. 221.
See Maurits Barendrecht, “Legal aid, accessible courts or legal information? Three access to justice
strategies compared”, Global Jurist, vol. 11, No. 1 (2011), pp. 1–26.
Larson, “Access to justice for persons with disabilities:”. See also article 7 of the Convention on the
Rights of Persons with Disabilities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents