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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 35
- Paragraph text
- Some countries with a record of attacks against persons with albinism have identified as a major problem the ambiguity between witchcraft on the one hand and the practice of traditional, herbal or alternative medicine on the other. This is further complicated by the secrecy surrounding witchcraft and the resulting difficulty in identifying its real practitioners in all cases. These matters raise the question of whether and how these occupations ought to be defined and regulated as a means of preventing human rights violations allegedly and actually committed by their practitioners. There is also the issue of whether witchcraft beliefs should be given any form of legal character or recognition when it is largely a supernatural phenomenon. Often, these issues are further complicated by the fact that many legal instruments addressing witchcraft are outdated and disconnected from current social realities.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 77
- Paragraph text
- The proportion of reported cases that have been prosecuted is small. This is due to the interplay of several factors, including lack of resources and specialization on the part of law enforcement, such as the absence of electronic databases and the need for enhanced forensic capacity. Similarly, where investigation has an international element, such as cross-border trafficking of persons or body parts, complications often arise, highlighting the lack of international law enforcement cooperation. Such factors are detrimental to a coherent judicial response. Police corruption has also been reported as a factor in the unwillingness to prosecute cases.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 78
- Paragraph text
- The specificities of attacks against persons with albinism and their relationship to witchcraft have shed light on the inadequacy of domestic laws in some affected States. Criminal law and laws dealing with trafficking in persons often do not take into consideration the practice of trafficking for witchcraft purposes human body parts that are not organs. The key legislative framework, including criminal law, faces several challenges in the prosecution of cases involving the phenomenon of witchcraft, as criminal charges have often been viewed as falling short of capturing the reprehensibility of witchcraft practices and of deterring them. Witchcraft also poses problems for the rules of evidence and fair trial because of the supernatural aspect of the phenomenon. This has often resulted in the use of "the best available" laws, which provide neither adequate criminal charges nor sentences deemed proportionate to crimes of this nature. When charges are deemed weak, sentences are perceived to be lenient, or affordable in the case of fines, and their deterrent capacity is weakened because the perpetrator is still able to foresee an overall gain or profit from his or her crime.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 79
- Paragraph text
- Aside from by a small, though growing, number of civil society organizations, insufficient attention is being paid to research and documentation of cases of attack and discrimination against persons with albinism. This paucity can be attributed in part to the fact that the human rights issues faced by persons with albinism have come to the attention of States and the international community only recently. While the primary duty of documenting crimes and ensuring justice for victims belongs to the State, the indispensable supplementary work of civil society in this regard remains crucial. However, a majority of non-governmental organizations focusing on the issue are relatively new, continue to face resource shortages and are still developing their capacity to carry out research and robustly engage with relevant national, regional and international mechanisms.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 82
- Paragraph text
- The recommendations below, with the exception of those on witchcraft, have been identified through wide consultation with relevant stakeholders. They were identified by the 150 participants, including participants from civil society, government and national human rights institutions, in the Consultative Forum: Action on Albinism in Africa, hosted by the Independent Expert in Dar es Salaam, from 17 to 19 June 2016.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83
- Paragraph text
- [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Legal action] Consider issuing practice directives and guidelines to complement and clarify existing laws and to facilitate the investigation and prosecution of cases of attack, particularly if the existing legislation needs to be reviewed to address the complexity of attacks against persons with albinism;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83
- Paragraph text
- [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Legal action] Ensure that the practice of using body parts for witchcraft-related practices is adequately and unambiguously criminalized in domestic legislation;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83
- Paragraph text
- [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Legal action] Designate, if necessary, law enforcement officials and prosecutors dedicated to cases of attack against persons with albinism, to improve accountability and reduce impunity.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 85
- Paragraph text
- The Independent Expert also recommends that the international community continue to support States and civil society working on this issue, including through capacity-building, particularly in the area of investigative research and forensic science. Another key area needing support is the implementation of protective measures, including those already identified by a multiplicity of stakeholders, including persons with albinism from various countries of the African region, at the recently concluded Consultative Forum: Action on Albinism in Africa.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 17
- Paragraph text
- Attacks against persons with albinism and corollary issues of displacement and trafficking in body parts violate the right to life, the right to security of person and the prohibition of torture and ill-treatment, as enshrined in various international human rights treaties. As reported by OHCHR, whether any particular ritual killing or attack against persons with albinism is attributable to a State agent needs to be determined on a case-by-case basis. Nevertheless, the State violates its obligation to ensure the right to life and the prohibition of torture and ill-treatment by failing to take appropriate measures to prevent, investigate, prosecute, punish or redress.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 23
- Paragraph text
- Challenges to ending impunity may include lack of confidence in the law enforcement or judicial system owing to fear of reprisals or stigmatization, ignorance of their rights or lack of financial resources. Barriers also subsist at the investigations level, where there might be difficulties in finding witnesses owing, inter alia, to stigmatization and discrimination, fear of reprisals (including through witchcraft), lack of comprehensive witness protection programmes, involvement of family members and lack of financial resources. Barriers subsisting at the prosecution stage may include restrictions in the implementation of the right to a fair trial and due process, such as the lack of adequate legal representation. In addition, even when perpetrators are successfully prosecuted, it has been reported that too often the sentence pronounced is not proportionate to the gravity of the crime committed. Such outcomes can undermine the trust of victims in the justice system and lead to a reduction in the number of cases reported. Other barriers to ending impunity can be found at the policy and legislative levels, including the need for a clear and adequate legal framework regarding albinism that covers attacks and the impact of witchcraft on the human rights of persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45a
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Effective protection of persons with albinism and members of their families;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45b
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Conduct of impartial, speedy and effective investigations into attacks against persons with albinism;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45c
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Prosecution of perpetrators of attacks against persons with albinism;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45d
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Ensuring that victims and members of their families have access to appropriate remedies;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45e
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Increased education and public awareness-raising activities;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45f
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Inclusion of information in reports submitted by States parties to the African Commission on Human and Peoples' Rights under article 62 of the African Charter on Human and Peoples' Rights, on the situation of persons with albinism, including good practices in protecting and promoting the rights of persons with albinism;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45g
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Promotion, in collaboration with relevant regional and international organizations, bilateral, regional and international initiatives aimed at protecting persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 46
- Paragraph text
- The Independent Expert is of the view that specific measures to end attacks against persons with albinism should include immediate investigation of allegations and prosecution of alleged perpetrators, legal representation and adequate protection for victims and witnesses and sensitization of the judiciary and law enforcement officers on the issue. Furthermore, protection measures for persons with albinism should be adopted and implemented in their communities. Victims of attacks should be provided with the appropriate remedy and redress, not only legal, but also social, psychological and medical. The Independent Expert will also seek the adoption of measures to prevent the trafficking in body parts, as well as specific measures for improving conditions at temporary shelters for displaced persons with albinism and the execution of safe strategies for reintegrating them into their homes and communities. In that regard, she encourages international and regional cooperation.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 47
- Paragraph text
- The Independent Expert considers it important to identify the applicable human rights legal framework and the key international human rights instruments that could both comprehensively and effectively address the human rights-related issues faced by persons with albinism in a sustainable way.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 49
- Paragraph text
- Such current multisectoral debates highlight the fact that the human rights challenges associated with albinism are multilayered and could be addressed by various human rights mechanisms. They also show the need for in-depth reflection with stakeholders to inform policymaking and better inform the ongoing work of the Independent Expert in fulfilling the mandate.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 50
- Paragraph text
- The Independent Expert intends to build on the work already done to address the enjoyment of human rights by persons with albinism at the international level, including the work of the Human Rights Council and of the African Commission on Human and Peoples' Rights through the provision of technical advice.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 51
- Paragraph text
- The findings of the Human Rights Council Advisory Committee will also guide the Independent Expert in her work. In its report to the Human Rights Council, the Advisory Committee stressed the need for increased engagement of international and regional mechanisms with the issue of persons with albinism and lamented that efforts, however, continue to be fragmented and only partially address the complexity of the human rights challenges that persons with albinism face. A more sustainable response, to bridge protection gaps and to ensure accountability for human rights violations committed against persons with albinism, is required.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 53
- Paragraph text
- The Independent Expert attaches great importance to the work of the United Nations human rights treaty bodies, many of which have addressed the obstacles faced by persons with albinism, and wishes to extend her full support and availability to cooperate with them on this topic.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 54
- Paragraph text
- The Independent Expert will also liaise closely with United Nations agencies, funds and programmes, regarding their work on persons with albinism. She wishes to stress the important role played by regional organizations, such as the African Committee of Experts on the Rights and Welfare of the Child, and looks forward to working closely with them.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 56
- Paragraph text
- The Independent Expert recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 58
- Paragraph text
- In order to identify best practices, the Independent Expert intends to hold broad consultations with all stakeholders, including persons with albinism, civil society organizations, Governments and other relevant bodies.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 59
- Paragraph text
- The Independent Expert will conduct country visits, at the invitation of Governments, with the objective of learning about national realities and observing relevant laws, policies and programmes. Such visits will be an opportunity for the Independent Expert to identify best practices and areas for constructive dialogue with a view to enhancing the enjoyment of human rights by persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 60
- Paragraph text
- Furthermore, the Independent Expert will give particular importance to her mandate to conduct, facilitate and support the provision of advisory services, technical assistance, capacity-building and international cooperation in support of national efforts for the effective realization of the rights of persons with albinism and to prevent violence. She is therefore particularly committed to fostering capacity-building of national stakeholders, promoting exchanges on challenges and experiences and supporting efforts in translating international norms into national legislation, policies, programmes and practices that are effective and adapted to national circumstances.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 62
- Paragraph text
- Recognizing the limited capacity of most civil society groups representing persons with albinism, the Independent Expert wishes to work with them in order to increase their knowledge of national and international avenues for addressing the obstacles faced by persons with albinism in fully enjoying their human rights.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph