Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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.

2016

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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.

2016

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

The root causes of attacks and discrimination against persons with albinism are found in a combination of factors. Aspects of these root causes, such as poverty and impunity, have already been identified outside the context of attacks against persons with albinism and efforts to tackle them tend to be under way in countries where such attacks are reported. However, deeply rooted myths and, in particular, witchcraft beliefs and practices pose a major challenge that has yet to be addressed. They are a key factor fuelling attacks, yet they are often riddled with secrecy and are deeply entrenched, historically and culturally. Another difficulty with regard to these root causes is the shortage of best practices on the matter, including tackling the many challenges that arise from the link to the supernatural, which can complicate evidence-gathering in the framework of a legal approach. The phenomenon certainly calls for further study and a creative but balanced approach, to curb or mitigate its negative implications for human rights, while protecting freedom of belief.

2016

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

Although various attacks have been reported in urban areas, persons with albinism living in remote rural areas are particularly targeted. The situation is pronounced in border communities. The resource shortage faced by law enforcement in these areas, and the absence of civil society organizations to follow up on reported cases, are key intervening factors explaining this trend. Further, given that these areas are often challenged by a significant lack of access to information and education, myths about albinism and witchcraft practice tend to be more rampant there. Weak border patrol is also an issue in these areas as it facilitates cross-border trafficking of persons and body parts. In this regard, there is a crucial need for bilateral and multilateral agreements enhancing cooperation between the police of States sharing a common border to improve the investigation and prosecution of cross-border cases. This is particularly important for prosecuting more end-users of body parts since they are sometimes located in countries bordering the one where the victim was attacked.

2016

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

An analogy can be drawn from the positive correlation found between witch-hunting and poverty. In his study of the phenomenon of witch killings, Edward Miguel uses rainfall variation to estimate the impact of income shocks on murders in rural areas of the United Republic of Tanzania. He noted that rainfall extremes (drought or flood) led to an income drop, and linked that information to data on witch killings in the villages. While undesirable levels of rainfall led to a large increase in the number of murders of "witches", it had no impact on the number of other types of murder. He concluded that income drops caused by undesirable levels of rain and related economic hardship are key factors in the killings of so-called witches. A similar correlation was established in a study by Emily Oster which focused on the Renaissance period in Europe. She noted that one of the sharpest drops in temperature, which negatively impacted economic growth, coincided with the reinvigoration of witchcraft trials. Both studies highlight the link between poverty or income reduction and reliance on supernatural beliefs, including witchcraft, for explaining the misfortune.

2016

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[The Independent Expert recommends that the international community:] Continue to work to: Advance the discourse on witchcraft to improve understanding on the phenomena, both generally and in the context of harmful practices, to ultimately ensure the enjoyment of human rights by all victims, including persons with albinism.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[The Independent Expert recommends that the international community:] Continue to work to: Clarify the international human rights framework that is particularly relevant to trafficking in body parts;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[The Independent Expert recommends that the international community:] Advocate for victims of witchcraft practice, including persons with albinism, by including the phenomena in all discussions and reports on harmful practices;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[The Independent Expert recommends that Governments, together with civil society and academia:] Develop and implement long-lasting awareness-raising campaigns, as they are critical to addressing harmful practices and rampant myths affecting the enjoyment of human rights by persons with albinism.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[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;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[Accordingly, the Independent Expert recommends that Governments:] Ensure the systematic collection of disaggregated data on persons with albinism, including through birth and death registers, as well as on attacks against persons with albinism, trafficking in body parts and accusations of witchcraft.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[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;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[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;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[Accordingly, the Independent Expert recommends that Governments:] Regulate the practice of traditional medicine, including through mechanisms such as a Government-led licensing and monitoring regime in both urban and rural areas, and establish adequate standards for traditional medicine;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[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;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

[Accordingly, the Independent Expert recommends that Governments:] Review with a human rights approach, and repeal if necessary, outdated legislation on witchcraft;

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

Addressing deeply rooted beliefs and practices such as witchcraft necessitates efforts in public education, which ought to be sustained even when the most visible aspects of the consequences of witchcraft on persons with albinism, namely the attacks against persons with albinism, appear to be decreasing.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

It is important to ensure that all stakeholders are closely associated with the development and implementations of any strategies, including all relevant government entities, academia and civil society, in particular, traditional healers, faith-based organizations, organizations of persons with albinism and human rights organizations.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

Finally, campaigns should engage faith-based organizations, traditional leaders, persons with albinism and their families. They should address witchcraft and related beliefs, as well as fundamental topics involving albinism, including biological and scientific information on the genetic origins of the condition and other objective facts to debunk myths and misbeliefs surrounding the condition.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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 by a diversity of terms, research has to be undertaken with particular attention to the specific sociocultural context.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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".

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

In certain countries, organizations of traditional healers have established oversight systems to control the practice of their members. This is the case in Mozambique, where oversight takes the form of voluntary registration in the association of traditional healers.

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

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).

2017

Aug 19, 2019

Paragraph

Independent Expert on the enjoyment of human rights by persons with albinism

Non-negotiated soft law

Special Procedures' report

In 2013, the Parliament of Papua New Guinea repealed the Sorcery Act (1971) in total. The Act, whose objective was "to prevent and punish evil practices of sorcery and other similar evil practices", acknowledged the existence of sorcery and criminalized its practice, including attacks against people accused of sorcery. In 2014, new legislation criminalizing killings related to sorcery was enacted.

2017