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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
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 72
- Paragraph text
- 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Vision for the mandate 2016, para. 64
- Paragraph text
- In addition, the difficulty in accessing reliable data on cases of killings of and attacks against persons with albinism also hinders efforts to fight those horrendous human rights violations. Such data should include information on the number of cases registered, investigations, prosecutions and administrative and judicial decisions.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vision for the mandate 2016, para. 42
- Paragraph text
- Children with albinism are often particular targets of attacks due to the witchcraft-based belief that the innocence of a victim from whom body parts are taken increases the potency of the potion for which the body parts are used. Cases reported by civil society indicate that children constitute a large proportion of victims of ritual attacks.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vision for the mandate 2016, para. 41
- Paragraph text
- Women and children with albinism are particularly vulnerable as they are exposed to intersecting and multiple forms of discrimination. In addition, children are particularly targeted for ritual killings and women are sometimes victims of sexual violence. The Human Rights Council Advisory Committee also stressed the specific challenges faced by women and children with albinism in that regard.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vision for the mandate 2016, para. 22
- Paragraph text
- The large number of cases reported by civil society no doubt represents a fraction of the attacks against persons with albinism. The secrecy that often surrounds ritual attacks, the complicity of family members in certain cases, the difficulty in accessing data owing to the fact that most attacks occur in rural environments, as well as the low response to such attacks may serve as hindrances to the reporting and visibility of attacks. Moreover, discrimination against persons with albinism and significant impunity may also have an impact on the reporting of such cases. Impunity was also highlighted by OHCHR, which had received information that persons with albinism faced significant difficulties in having their cases brought to justice. In a similar vein, the Special Representative of the Secretary-General on Violence against Children has stated that the human rights violations committed against children with albinism are of the highest severity. Discrimination, harassment and violence, including cases of mutilation and murder, are often met with passivity and rarely reported, as they often take place in remote areas and because such children are perceived as bringing bad luck and being a source of shame to even their own families and communities. Mutilation and murders of children with albinism are mostly met by social silence and indifference.
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 48
- Paragraph text
- In addition, there have been cases where persons with albinism themselves have been accused of witchcraft and persecuted as a result. This can be linked to some of the dehumanizing myths described above. Mothers of children with albinism have also, in certain instances, been accused of witchcraft for giving birth to a child with the condition.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 47
- Paragraph text
- Today, it is highly concerning that witchcraft beliefs surrounding albinism have spread widely and that persons with albinism are often nicknamed "asset", "money", "deal" or "million" in reference to the alleged value of their body parts. Such taunts are reportedly widespread in both rural and urban environments, particularly in countries where attacks on persons with albinism are reported.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 36
- Paragraph text
- The present report will focus on the aspect of witchcraft relating to the ritual killing of persons with albinism for the use of body parts (also referred to as muti or juju), for the ultimate goal of obtaining an advantage or causing harm, or for any other purpose which necessitates the attribution of supernatural powers to the body parts.
- 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 30
- Paragraph text
- One of the most extreme consequences of adhering to myths concerning albinism is infanticide. Although cases of infanticide of children with albinism are very hard to document, anecdotes and folk stories about the killing at birth of such children, particularly in rural areas, are common.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 29
- Paragraph text
- In addition, the myths fuel the discrimination and abuse to which persons with albinism are subject at school, and this increases bullying, taunting and harassment, which in turn increases their dropout rates. High dropout rates throw them into a cycle of poverty that is hard to break. Poverty in turn predisposes them to abuse and exposes them to attack.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 23
- Paragraph text
- In areas where myths are prevalent, the birth of a child with albinism is often viewed as a social tragedy. Ridicule, blame-throwing, harrowing family intervention and pressure placed on parents or on the mother of the child are commonplace. Because of the social stigma attached to having a child with albinism, fathers of children with albinism sometimes decide to abandon their partners, leaving those children to be brought up in challenging conditions by single mothers. Often, such a single mother and her child are further relegated to the fringes of the community to avoid contaminating others with her "curse". In other instances, mothers voluntarily relocate away from the community to minimize taunts and harassment from others. Therefore, raising a child with albinism in these contexts, either as a single mother or in a family, is synonymous with a life of exclusion and poverty - one that leaves the child with albinism vulnerable to both sexual and physical attack, as has been demonstrated by reported cases. In other cases, children with albinism have been abandoned or rejected from their birth by both mother and father and have grown up in orphanages and on the streets.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Poverty
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 22
- Paragraph text
- Myths yield several interrelated consequences. According to contributions received by the Independent Expert, these consequences are manifested in the lives of persons with albinism in the form of abandonment by their families; normalized isolation and discrimination by their communities; vulnerability to attacks; and infanticide.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 8
- Paragraph text
- Similarly, myths accuse the mothers of children with albinism of having been unfaithful, specifically for having extraconjugal affairs with a white man, with a ghost or with a spirit such as the tokolosh (a malevolent spirit in the Shona tradition). There is also a myth that children with albinism are the product of incest.
- 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
- 2016
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- 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
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 40
- Paragraph text
- There is a witchcraft belief that the screams of a victim being attacked for muti or juju enhance the power of the body parts; hence victims are often hacked while alive. In addition, there is a witchcraft belief that the greater the innocence of the victim whose body parts are being used, the greater the potency of the potion or amulet. This renders children, already vulnerable to attacks, a preferred target.
- 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
- 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
Vision for the mandate 2016, para. 65
- Paragraph text
- Similarly, understanding the root causes of attacks against persons with albinism is necessary in order to design strategies to address discrimination and attacks and to identify adequate prevention measures. The secrecy surrounding witchcraft practices and the underground nature of the market associated with the trafficking in body parts of persons with albinism make it difficult to find evidence. Understanding the phenomena and their implications would therefore be one of the priorities of the Independent Expert.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 67
- Paragraph text
- Information has been received that killings are known to peak during election times as demand for magical potions by politicians seeking election or re-election goes up. Civil society reported that, prior to several elections in the African region, the number of reported attacks increased in various countries. Internal conflicts or political tensions also provide a framework of uncertainty conducive to reliance on supernatural beliefs and witchcraft practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 62
- Paragraph text
- The insecurity of persons with albinism is directly affected by their poor living conditions. Some abductions and attacks have reportedly occurred in houses that do not have the most basic security features, including windows, wooden doors or locks. Most families living in such conditions do not have access to a phone line to call for help and do not have any means of transportation to rush persons who have been attacked to the closest medical facilities.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph