A/HRC/40/62
themselves of judicial processes.24 The present study has attracted numerous testimonies of
cost-related barriers. For instance, the cost of transportation to courts of law was repeatedly
cited, including by a stakeholder from Uganda who gave the example of a case in the town
of Kabale where the mother of a child with albinism was attacked and was unable to attend
court processes on the case, which had many adjournments.
33.
Another frequently reported barrier was illiteracy and low educational qualifications,
which affect the self-confidence and self-esteem of persons with albinism in using a justice
system that is largely, in its nature and structure, more accessible to the educated elite. 25 It
was also noted that because relatives are often the perpetrators of crimes against persons
with albinism,26 their families often face a dilemma, as seeking recourse through the formal
justice system is deemed to be embarrassing to the family. There is also often direct or
indirect family coercion to settle the matter quietly.
34.
Witchcraft beliefs and practices which facilitate misconceptions about persons with
albinism, including the misbelief that their body parts can be used by witchdoctors for
potions that bring good luck, are also socially common. 27 Some judicial and law
enforcement officers are therefore apprehensive about investigating or adjudicating cases
involving persons with albinism for fear of being attacked by witchdoctors or fear of
retaliation from powerful users of body parts.
Legal and normative barriers
35.
Though many countries have legislation on accessing justice, some lack specific
articulation of access to justice in the context of persons with albinism. 28 Other laws that
specifically provide for disability rights overlook the right to access justice, or neglect to
provide for reasonable accommodation in the context of access to justice. For instance, in a
submission from Burkina Faso, the stakeholder pointed out that national law No. 012-2010
on the protection and promotion of the rights of persons with disabilities did not address the
issue of access to justice.
36.
It has also been noted that some laws fail to comprehensively address the dynamics
of attacks against persons with albinism. For instance, in spite of the fact that most attacks
on persons with albinism involve the extraction/removal and selling of body parts, some
laws still do not specifically recognize the offence of trafficking of body parts that are not
organs as a felony. In addition, there is also often a lack of clarity on the applicable legal
instruments in this regard.
37.
Another significant gap in legislation has been the inability of the law to address
witchcraft (A/HRC/34/59). Where such laws exist, there is usually a problem of definition
and, therefore, enforcement as well as an absence of regulation of the practice of witchcraft.
In addition, some countries have outdated legislation on witchcraft, and there are very few
efforts to review them. Governments should initiate reviews of and amendments to relevant
laws to reflect human rights standards and proscribe and prosecute harmful witchcraftrelated practices (A/HRC/37/57/Add.2).
38.
As noted in a preliminary survey on root causes of attacks (A/71/255), witchcraft
remains one of the most challenging and complex phenomena in the human rights context.
Compared to other root causes of attacks against persons with albinism such as poverty and
ignorance, it receives little attention in legal systems even though its manifestation is highly
correlated with several forms of harmful practice. At the 2017 workshop on witchcraft and
human rights, it was underscored that multiple strategies need to be adopted in combating
witchcraft-related harmful practices, including implementing awareness-raising
24
25
26
27
28
8
Submission from a stakeholder in Zambia.
Submission from a stakeholder in Ghana.
See Human Rights Committee, general comment No. 36 (2018) on the right to life; and submission by
the Independent Expert to the Committee dated 6 October 2017.
See International Bar Association, “Waiting to Disappear”: International and Regional Standards for
the Protection and Promotion of the Human Rights of Persons with Albinism (London, 2017).
Submissions from stakeholders in Burkina Faso and Fiji.
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