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Witchcraft and the human rights of persons with albinism 2017, para. 80
- Paragraph text
- The Special Rapporteur on trafficking in persons, especially women and children, in her 2013 report to the General Assembly (A/68/256), stated that the difference between trafficking in organs and trafficking in persons for the removal of organs was largely semantic, given that organs were not moved or traded independently of their source, 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 22
- Paragraph text
- Evans-Pritchard distinguishes between "witchcraft" and "sorcery". According to his definition, witches have supernatural powers and operate in secret, in order to harm victims by devouring their life essence. In contrast, a sorcerer is someone who does harm by using plant substances and rituals. The use of body parts of persons with albinism in amulets, charms, potions or other preparations could arguably fall under either category. Therefore, in the present report, the Independent Expert will use the term "witchcraft" to denote both concepts. She will not use the term "magic", which has been employed in some cases to describe attacks against persons with albinism, because it seems to have a dual quality of both benevolence and malevolence, and may therefore be misunderstood. Since the report intends to capture witchcraft in the broader sense and its negative impact on persons with albinism, the term "magic" - in its malevolent form - will be understood to be subsumed by the term "witchcraft".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 36
- Paragraph text
- In the report of her mission to Papua New Guinea (A/HRC/23/49/Add.2), the Special Rapporteur on violence against women, its causes and consequences stated that she had witnessed brutal assaults perpetrated against suspected sorcerers, which in many cases included torture, rape, mutilation and murder. Similarly, in the report of her mission to India (A/HRC/26/38/Add.1), she explained that the stigma attached to women who were labelled "witches" and the rejection they experienced within their communities led not only to various human rights violations but constituted an obstacle to gaining access to justice. She also noted that such labelling affected family members across generations. Further, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, in the report of his mission to Ghana (A/HRC/25/60/Add.1), invited special procedure mandate holders to follow up on practices in "witch camps" where, it was reported, women - particularly elderly women - were banished once they had been labelled as witches.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 37
- Paragraph text
- In its study on children accused of witchcraft, UNICEF reported that, in many African societies, births considered "abnormal" were generally surrounded by a complex system of representations and rituals. Such births included twins, "badly born" children and persons with albinism. Cases have been reported of parents killing their babies born with albinism for being witches. Where these children are not killed at birth, they are often taken to a spiritual leader or traditional healer to be "healed" through various forms of violent exorcism. Similarly, in a report published by the Office of the Special Representative of the Secretary General on Violence Against Children in 2012, it is stressed that vulnerable children such as children with disabilities, children with albinism, premature babies or specially gifted children are often the target of witchcraft accusations. The link between witchcraft and persons with albinism was also noted in western Sudan where persons with albinism were accused of taking part in "strange and dangerous practices" related to witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Infants
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 91
- Paragraph text
- Witchcraft practice, in particular the use of body parts of persons with albinism for muti or juju, is undeniably one of the main root causes of attacks against persons with albinism. However, owing to challenges in conceptualizing "witchcraft" using objective elements, attempts at establishing clear legal boundaries around such practices - including to deter related harmful practices - have been elusive. One key exception is witchcraft accusations, an aspect of witchcraft practice that can be, and has been, legally captured with objective elements because there is no need to define "witchcraft" itself to achieve the purpose of preventing accusations and related violence.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 82
- Paragraph text
- 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.
- 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
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 83
- Paragraph text
- 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 31
- Paragraph text
- Attacks against persons with albinism often involve three types of perpetrators: persons who hunt, attack, kill and dismember persons with albinism and transport their body parts; persons, often presenting themselves as witchdoctors, who prepare the muti or juju using the body parts; and persons who obtain or purchase the muti or juju. Each of these actions constitutes a crime and should therefore be investigated and prosecuted under relevant criminal law provisions, irrespective of whether they are connected to muti, juju or witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 32
- Paragraph text
- However, one of the major challenges in prosecuting attacks has been the inability to identify and prosecute the last two categories of perpetrators. The collection of evidence on the entire chain of criminal command of attacks against persons with albinism is often hindered by the secrecy surrounding witchcraft practice, the participation of family members in perpetrating attacks, the inability or fear of victims and their families to report attacks, as well as the limited financial, human and technical resources at the disposal of law enforcement agents in the concerned countries.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 33
- Paragraph text
- The Independent Expert has received reports that demand for body parts for the purpose of muti or juju has led to the existence of a black market, at the national, regional and international levels, for body parts of persons with albinism. While there is often evidence of trafficking and attempted trafficking of body parts, evidence of the market for the parts is more indicative than substantive at present. It is therefore important to conduct further investigative studies and research to map patterns of trafficking of body parts, including on the alleged markets or points of sale, and on the international networks that may be involved.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 78
- Paragraph text
- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime defines trafficking as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation". A similar definition is used in most legislation addressing trafficking in persons.
- 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
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 81
- Paragraph text
- 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".
- 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
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 34
- Paragraph text
- Accusations of witchcraft and related violence are one of the most visible and reported manifestations of belief in witchcraft. While reports indicate that persons with albinism are mainly affected by the muti and juju forms of witchcraft-related violence, mothers of children with albinism and children born with albinism have also reportedly been accused of witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 29
- Paragraph text
- Although both children and adults are victims of attacks for the removal of body parts, civil society reports that children constitute the majority of victims. The apparent targeting of children is reportedly linked to the pursuit of innocence, which is believed to enhance the potency of the muti or juju. Further, children are more vulnerable to attacks because they are easy to find and capture and do not have the physical strength to fend off attackers.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 39
- Paragraph text
- The question of whether to criminalize acts of witchcraft was examined by Philip Alston. After considering various arguments in favour of criminalization, including that local customs should be reflected in national law; that criminal law should protect against all types of violence, including violence committed by occult means; and that the failure of criminal law to address such acts leads individuals to take the law into their own hands to achieve what is popularly considered to be a just and fair result, he concluded that the weight of the arguments against criminalization was superior. Criminalization would reinforce the social stigmatization of those accused, and such a prohibition of witchcraft might be socially perceived as providing legitimacy to the killing and ill-treatment of alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the difficulty of finding a clear definition of the concept and the impossibility of identifying objective factors as evidence to be weighed in a court of law were sufficient bases on which to conclude that acts of witchcraft as such should not be criminalized. This does not mean that criminal action becomes legitimate when committed for witchcraft purposes, but rather that a licit action should not be considered a criminal act because it is conducted for witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere or inextricable) link to witchcraft.
- 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
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 68
- Paragraph text
- The repeal of the Sorcery Act followed a nationwide consultation and review by the Constitutional Law Reform Commission. The Commission found that the law, although rarely used, contained various contradictions and inconsistencies, and was difficult to enforce. The Commission also found that the Act used ambiguous terminology. For example, it referred to the difference between "innocent" and "forbidden" sorcery, but did not clearly specify what those acts constituted. The Commission also reflected on the technical difficulty of identifying the consequences of sorcery in a court procedure and on linking sorcery to a given consequence, as it was practically impossible to provide evidence that would prove its use. Further, the Commission found that the Act focused principally on the sorcerer as the perpetrator and did not adequately address violence perpetrated against persons accused of sorcery or of being a sorcerer. The Commission also found that the existence of the Act itself could perpetuate belief in sorcery as a means of harming or killing another person. Finally, the Commission found that sorcery as such was not a matter falling under the jurisdiction of courts and tribunals, but was to be dealt with by religious and spiritual leaders. However, any violence related to witchcraft, including murders and attacks, was a criminal offence that should be treated as such by the courts and tribunals (see A/HRC/23/49/Add.2, paras. 64-66).
- 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
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 93
- Paragraph text
- Meanwhile, strategies such as action plans designed to address witchcraft and attacks against persons with albinism should encompass a variety of measures, inter alia, to reinforce the existing legal framework, enhance the protection of persons with albinism, ensure awareness-raising and strengthen research and data collection.
- 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
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 98a
- Paragraph text
- [The Independent Expert recommends that Governments, together with civil society and academia:] Conduct in-depth research on root causes of attacks against persons with albinism, including on harmful practices related to witchcraft;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 77
- Paragraph text
- Attacks against persons with albinism are characterized by the hacking off of body parts. This appears to be the primary purpose of a majority of attacks. Body parts such as limbs are removed from the body and transported to alleged witchdoctors for the purpose of concocting muti or juju medicines and potions.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 20
- Paragraph text
- In a 2011 report, HelpAge International reviewed legislation adopted to address accusations of witchcraft and related violence in nine countries and came to similar conclusions. One of the key findings of the study was the difficulty, both nationally and regionally, encountered by these countries in defining witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97b
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Develop, adopt and implement action plans or strategies addressing, from a multisectoral approach, harmful practices linked to witchcraft and their impact on all victims, including persons with albinism, in consultation with civil society;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97d
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Review and adapt legal frameworks as needed to ensure that they encompass all aspects of attacks against persons with albinism, including with regard to trafficking of body parts;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 35
- Paragraph text
- Philip Alston has noted that reports from a surprisingly large number of countries in different regions of the world indicate that the intentional killing of individuals labelled as witches remains a significant and very troubling phenomenon; such killings are by no means a practice of the past.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 57
- Paragraph text
- The Government of Papua New Guinea has taken notable steps since 2013 to address sorcery-related violence. Although there are no recorded cases of attacks against persons with albinism in Papua New Guinea, measures were taken to address violence and killings related to witchcraft accusations, which are usually levied against women or members of other vulnerable groups.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 60
- Paragraph text
- Action plans and policies that are currently being used and developed in countries such as Malawi and Mozambique to address attacks against persons with albinism include tools for addressing the root causes of attacks, including witchcraft.
- 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
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 30
- Paragraph text
- Civil society and other reliable sources have reported more than 600 cases of attacks against persons with albinism across 26 countries, the majority of them in the last eight years. These are only the known cases. The frequency of family involvement in attacks against persons with albinism and the lack of comprehensive monitoring of attacks have an impact on the gathering of complete data.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 79
- Paragraph text
- In 2008, the United Nations Global Initiative to Fight Human Trafficking convened a workshop on human trafficking for the removal of organs and body parts, at which it was stressed that the Protocol does not take trafficking in human organs into full consideration: it addresses trafficking in organs only for the purpose of organ removal. It does not cover the transfer of organs (for profit) alone, a situation that is analogous to the trafficking of body parts of 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
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 96
- Paragraph text
- Further, in addressing the issue of attacks against persons with albinism, all initiatives are best taken using a dual or twin-track approach. Such an approach would, on the one hand, urgently deal with attacks and trafficking of body parts for muti and juju; on the other hand, measures employed should go beyond the emergency of attacks, inter alia, to address root causes of attacks including, and particularly, harmful practices linked to witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 14
- Paragraph text
- In continuation of that report, the following analysis seeks to further understanding of the broader issue of root causes by looking specifically at witchcraft. Of all identified root causes, witchcraft is one of the most challenging, owing to the complexity and the inherent barriers to the conceptualization of the phenomena. Yet addressing witchcraft remains a priority, as it is at the crux 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)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97e
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Ensure prompt investigation and prosecution of cases of attacks against persons with albinism as well as trafficking of body parts for muti or juju;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph