A/HRC/34/59
because the victim was moved or positioned in such a way as to make transplantation
possible. However, the hypothesis regarding attacks against persons with albinism suggests
a different context. Here the purpose is not the transplantation of a functional organ, but the
collection of a body part for muti or juju. Although some cases of trafficking of persons
with albinism have been reported, in the majority of the cases, the victims are attacked in
their homes or while carrying out their ordinary activities, and their body parts hacked off
their living or dead bodies at the place of the attack, or close by. In such cases, it cannot be
considered that the victims are trafficked, yet their body parts are being harvested,
transported and sold.
81.
In addition, it is not certain that body parts, such as limbs hacked off, seized and
transported for the sake of muti or juju, would fall under the definition of “organ” in both
international and national trafficking laws. Neither the Protocol nor other global
instruments addressing trafficking for the removal and sale of organs, such as the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography or the WHO Guiding Principles on Human Organ
Transplantation, defines “organ”. However, a definition of “organ” is provided by a specific
regional instrument on the issue, namely the Council of Europe Convention against
Trafficking in Human Organs, which defines “human organ” as “a differentiated part of the
human body formed by different tissues, that maintains its structure, vascularisation and
capacity to develop physiological functions with a significant level of autonomy”.
82.
In the absence of specific legislation covering trafficking of body parts, some States
have been confronted with a legal gap when they arrest persons for trafficking body parts of
persons with albinism such as bones, hair and limbs. In response to this situation, in Malawi
for example, the judiciary has made creative use of the Anatomy Act, which was not
drafted with the horrendous crimes perpetrated against persons with albinism in mind. The
Act, which was drafted for a medical context, carries relatively light penalties but was, until
recent reforms, the only instrument available to prosecute cases of possession of body parts
of persons with albinism.
83.
In addition to the problem of the legal gap, it is particularly difficult to establish that
any body parts found are linked to an attack, given that such crimes are often not reported
and the limited technical and financial means of law enforcement, particularly in the area of
forensics, as well as the time and distance between the place where the alleged attack
occurred and the place where the body parts were found. As a result, barring clear evidence
that the body part was obtained from an attack or a graveyard robbery, affected States have
resorted to laws that address mere illicit possession of body parts that, however, tend to
carry penalties perceived to be too weak and fail to encompass the overall context of the
crimes.
84.
To address the specificities of the use of body parts in muti and juju, it is
fundamental to ensure that there is adequate legislation to prosecute the trafficking and sale
of body parts, including in non-medical contexts and when they do not meet the
requirements of the definition of “organs”.
Research and data
85.
Information on albinism, particularly on attacks and trafficking of body parts,
requires further clarification and, in some cases, verification. Statistics, including
disaggregated data, are fundamental to improving and strategically enabling the
implementation of policies and action plans.
86.
Similarly, research on the root causes of attacks, including witchcraft, is necessary to
refine prevention and protection measures. As specific witchcraft-related beliefs and
practices tend to arise from specific contexts, supported by different concepts and described
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents