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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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
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