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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
- Date added
- Aug 19, 2019
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
- 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
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 64
- Paragraph text
- 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 90
- Paragraph text
- 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 86
- Paragraph text
- 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 85
- Paragraph text
- 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.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 84
- Paragraph text
- 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".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- 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. 70
- Paragraph text
- 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.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- 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. 67
- Paragraph text
- 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.
- 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
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 63
- Paragraph text
- Both plans adopt a multisectoral approach intended to address albinism as a cross- cutting issue. This approach is necessary to expedite integration of the issue into existing departments while harnessing the varied expertise of stakeholders in the development of specific programmes aimed at persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- 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. 59
- Paragraph text
- While the effectiveness of such a plan has yet to be evaluated, it is a promising solution. It ensures national conversation on the issue, which in turn feeds into conceptualization and delineation. It also sharpens legal tools for addressing the issues, while identifying pertinent non-legal tools as well as key stakeholders to enlist in the process.
- 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
- 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. 54
- Paragraph text
- Further, it is important to have standards in place to ensure that health care provided by traditional medicine practitioners is safe and reliable. These would include standards for the safety, efficacy and quality control of products and therapies, and regulations that ensure that practitioners have the qualifications they profess.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 50
- Paragraph text
- Article 24 of the United Nations Declaration on the Rights of Indigenous Peoples recognizes the right of indigenous peoples to their traditional medicines, to maintain their health practices and to access social and health services without discrimination.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 48
- Paragraph text
- In addition, the Special Rapporteur on freedom of religion or belief has stated that persecution and punishment of alleged witches would be a clear case for limiting the application of freedom of religion or belief, in accordance with the criteria under article 18 of the International Covenant on Civil and Political Rights (see A/HRC/25/58/Add.1, paragraph 42).
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46d
- Paragraph text
- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46c
- Paragraph text
- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46a
- Paragraph text
- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;
- 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
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 41
- Paragraph text
- Article 18 of the International Covenant on Civil and Political Rights distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. On the one hand, it does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one's choice. These freedoms are protected unconditionally. On the other hand, restrictions on the freedom to manifest religion or belief are permitted if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. In joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, the committees recognize that harmful practices are deeply rooted and that there are often attempts to justify them by invoking sociocultural and religious customs and values. However, harmful practices can never be justified and must be eliminated, including by challenging sociocultural norms and attitudes that underlie them. In addition, States cannot justify any delay in taking action on any grounds, including cultural and religious grounds.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- 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. 27
- Paragraph text
- Muti is a Zulu word used in southern Africa that refers to types of traditional medicine, magical charms, potions or amulets. It has also been defined as a substance fabricated from plants, animals or minerals by a person possessing expert knowledge and skill. In West Africa, the term "juju" is used to refer to a similar practice. It is sometimes believed that the muti or juju will be more effective if it contains human body parts, in particular those of persons with albinism, as these are believed to be intrinsically magical or powerful, with the ability to produce wealth and confer good luck. "Muti murder", "medicine murder" and "juju" are therefore the terms most commonly associated with ritual attacks to produce charms, potions or amulets that involve the use of human body parts. In this context, muti and juju seem to be related to witchcraft and are therefore subsumed by the term "witchcraft" in the present report. In particular, witchcraft-related beliefs, rituals and practices seem to give energy and meaning to muti and juju. Even if in some cases witchcraft-related beliefs are described as superstitions unaffiliated with any religious systems, they can be harnessed by witchcraft practitioners to the detriment of various victims, including persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 25
- Paragraph text
- Witchcraft beliefs and related practices are not simply the repetition of ancient traditional practices; they can change or develop. While some beliefs and practices appear to have ancient origins that have been both preserved and adapted to contemporary contexts, other practices, such as the use of body parts from persons with albinism, are apparently of recent origin. In that regard, it would constitute a "new tradition" or an "invented tradition" that has been adapted or is adaptable to contemporary society. Some stakeholders suggest that attacks against persons with albinism are a recent phenomenon because of the rapid spread of the problem across multiple countries in the last 10 years. For example, stakeholders in Malawi and in Mozambique repeatedly stated that the use of body parts of persons with albinism was not a traditional practice in their respective countries and that it had developed recently, influenced by practices in other countries. However, there are insufficient data to support this assertion. In addition, even if it were substantiated, attacks and the use of body parts linked to witchcraft practices could not take hold so quickly in a country unless there was already a context facilitative of witchcraft beliefs and practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- N.A.
- 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. 15
- Paragraph text
- Albinism is a relatively rare, non-contagious, genetically inherited condition that affects people worldwide regardless of ethnicity or gender. It results from a significant deficit in the production of melanin and is characterized by the partial or complete absence of pigment in the skin, hair and eyes. Persons with albinism therefore often appear pale in comparison to members of their family and their communities. For a person to be affected by albinism, both parents must carry the gene, and in such cases there is a 25 per cent chance at each pregnancy that a child will be born with albinism. The frequency of albinism varies by region. In Europe and North America, the reported frequency is 1 in 17,000 to 1 in 20,000 births. The frequency in certain parts of the Pacific is reported to be 1 in 700. Among some indigenous peoples in South America, the reported frequency is 1 in 70 to 1 in 125. In sub-Saharan Africa, the reported frequency ranges from 1 in 5,000 to 1 in 15,000, with prevalence rates of 1 in 1,000 to 1 in 1,500 for selected populations. An important caveat is that some studies of the frequency of albinism often lack objectivity in their methodology or are incomplete, rendering estimates as best guesses in most instances.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Families
- 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