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Witchcraft and the human rights of persons with albinism 2017, para. 17
- Paragraph text
- In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour.
- 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
- Persons with disabilities
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 47
- Paragraph text
- Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that "discrimination, violence and harmful practices against children with albinism have reached alarming proportions". She added that there were no cultural or religions justifications for such practices.
- 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
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 69
- Paragraph text
- It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 73
- Paragraph text
- WHO, in its study on the legal status of traditional medicine, details the status of traditional medicine in 123 countries around the world, showing the diverse approaches taken by States with respect to the practice. In sub-Saharan Africa, some States recognize traditional medicine as part of the national health system while others are silent on the issue. There are also variations between States in the level of regulation of traditional medicine practitioners. Some countries have established registers of practitioners, or exercise control by issuing government licences at the central level; in others, local officials are able to authorize the practice of traditional medicine in their administrative and/or health subdivisions. In certain countries, unlicensed practising of traditional medicine is a punishable offence. In other countries, including those with records of attacks, there is no licensing or registration process for practitioners of traditional medicine.
- 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
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 92
- Paragraph text
- That being said, given the extent of witchcraft practices and the diversity of victims of related harmful practices, including persons with albinism, a transversal approach is timely. This could be in the form of a guiding document that takes into account the several recommendations made to date, including by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Constitutional Law Reform Commission of Papua New Guinea and the preliminary conclusions 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
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 23
- Paragraph text
- From the sociological and anthropological perspectives, the following definition for witchcraft has been proposed by Marc Augé: witchcraft is "a set of beliefs, structured and shared by a given population that addresses the origin of misfortune, illness and death, and the set of practices for detection, treatment and punishment that corresponds to these beliefs". Often, the diagnostic aspect of witchcraft often pinpoints an individual person as the source of the misfortune within the family, place of employment or community.
- 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
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 24
- Paragraph text
- UNICEF extends this definition by adding that "witchcraft is a theory that explains and justifies a conception of the universe". With both conceptualizations, witchcraft could also be described as a religion or belief. In various countries affected by attacks against persons with albinism, witchcraft beliefs and practices are widespread. Adherents are found across various strata of society, transcending socioeconomic class, the urban-rural divide and levels of education.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 56
- Paragraph text
- Countries with records of attacks against persons with albinism, including both countries visited this year by the Independent Expert, demonstrated the challenge of the ambiguity between the two practices. This problem has already been identified by the Independent Expert as a root cause of attacks. The issue is further complicated by the lack of effective oversight over the practice of traditional healers, the secrecy that often surrounds witchcraft practice and the absence of a clear national policy position on the issue.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
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. 42
- Paragraph text
- Despite these considerations, it appears that various countries with records of attacks do criminalize witchcraft, using a definition of the phenomena in their legislation. However, most of these laws were inherited from the colonial period and are often out of touch with present reality. They bear a limited understanding of witchcraft - its extent, scope, flexibility and evolution - and proffer a definition of the phenomena that is difficult to enforce.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 19
- Paragraph text
- The phenomena have many connotations and are subject to many interpretations, such that objective definitions are unsatisfactory; "[the] real meaning derives from relationships, shared experiences and individual feelings". Consequently the "meanings … are so varied because the concept is so versatile".
- 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
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 64
- Paragraph text
- In 2016, the Independent Expert, in collaboration with regional human rights mechanisms, launched a process towards the development of a regional action plan to address attacks against persons with albinism in sub-Saharan Africa. The action plan seeks to identify concrete measures for implementing recommendations made by various human rights and other bodies and to translate them into a concrete road map for action with time-bound measures.
- 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
- N.A.
- 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. 13
- Paragraph text
- In her report to the General Assembly (A/71/255), in which she provided a preliminary overview of the root causes of attacks and discrimination against persons with albinism, the Independent Expert showed how interrelated factors, including the mythologization of albinism and a related lack of understanding of the scientific bases of the condition, poverty, witchcraft practices and other aggravating factors all contributed to ongoing outbreaks of attacks and discrimination against persons with albinism. In the present report, the Independent Expert refers to "witchcraft" as "phenomena", to reflect the plurality of concepts, terms, practices and beliefs encompassed by the term.
- 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
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 16
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism, which affects the skin, hair and eyes. Within this type are subtypes that may reflect varying degrees of melanin deficiency in an individual. Lack of melanin in the eyes results in high sensitivity to bright light and significant vision impairment, with the level of severity varying from one person to another. This vision impairment often cannot be completely corrected. In addition, one of the most serious health implications of albinism is vulnerability to skin cancer, which remains a life-threatening condition for most persons with albinism. All human rights issues relating to albinism reported to date - attacks, mutilation and trafficking of body parts, among others - have been linked to its oculocutaneous form, which is also the most visible type of albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 21
- Paragraph text
- According to a study undertaken by the United Nations Children's Fund (UNICEF), the French notion of "sorcery" and the English notion of "witchcraft" were introduced to Africa by the first Europeans explorers, colonialists and missionaries and, strongly influenced by European history, were pejorative. These concepts were employed to translate the terms used in vernacular languages for local realities. The notion of witchcraft, as used in the present report, therefore refers to multiple concepts covered by a variety of different terms referring to various phenomena whose interpretation relies on their context. It is nevertheless generally agreed that in all cultural contexts, witchcraft refers to negative occult or mystical forces, although it has been - albeit less frequently - associated with positive connotations such as empowerment and cleansing.
- 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
- Children
- 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. 55
- Paragraph text
- The present report does not question the necessity, complementarity or usefulness of traditional medicine. However, the broad definition of the concept has led to situations where the difference between witchcraft practitioners and traditional doctors is difficult to establish in practice. For example, the Independent Expert has seen advertisements in newspapers posted by "traditional healers" offering to make clients richer, cure incurable diseases, secure release from prison, and making other claims that are more suggestive of witchcraft than traditional medicine. In this context, the ideological affinity found between patients and traditional medicine could facilitate witchcraft as a harmful practice because witchcraft can have a diagnostic objective that could implicate innocent third parties - for example, persons known to and disliked by the patient - as the source of a patient's problem.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 58
- Paragraph text
- As noted during the universal periodic review of Papua New Guinea, the National Action Plan against Sorcery- and Witchcraft-related Violence was approved in 2015 (A/HRC/33/10). The Action Plan is supported by the national and provincial committees, which serve to ensure its implementation to complement existing laws that address sorcery and witchcraft-related killings and violence. The Action Plan, which puts emphasis on strengthening partnerships between relevant stakeholders, has five core areas: legal reforms and protection; health; advocacy and communication; care and counselling; and research. Each area contains a few key recommendations and sets out concrete activities to be implemented. It also allocates specific responsibilities to particular departments and organizations, establishes time frames, and highlights the human and financial resources necessary to implement them.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 62
- Paragraph text
- Similarly, on 24 November 2015, Mozambique adopted an action plan to respond to attacks, with concrete, time-bound measures. The action plan is based on a preliminary socio-anthropological study on albinism conducted by the Institute of Social-Cultural Research. The main areas of the action plan are promoting education on albinism, public education and awareness-raising on the issue among families and communities; guaranteeing protection and social assistance to persons with albinism; ensuring prevention of attacks, legal assistance and procedural celerity; sharing and publication of judicial decisions as a means of deterrence; and conducting further research to improve measures identified in the plan and to support evidence-based policymaking.
- 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
- Families
- 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. 87
- Paragraph text
- Public education, including awareness-raising on the scientific explanations for albinism, is one of the most fundamental tools for changing myths and erroneous beliefs that trigger violence against persons with albinism. For example, in a pilot project carried out in 2015-2016, the United Nations Educational, Scientific and Cultural Organization country office in the United Republic of Tanzania undertook community sensitization using community radio and employing the sociocultural approach by empowering key community stakeholders such as teachers, health workers, traditional leaders, traditional healers and family members of persons with albinism to in turn mobilize their communities to protect and promote the well-being and rights of people with albinism. The project was a marked success. A post-project evaluation report revealed a quantifiable increase - in the double digits - in the percentage of people claiming knowledge about albinism, including its genetic basis and that it is not a curse.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 88
- Paragraph text
- The project illustrated the value of such campaigns and associated post-project evaluation not only for the dissemination of information and changing of attitudes and behaviour but also to gather data, as they revealed instructive patterns in the targeted communities. For example, the belief that body parts of a person with albinism have magical powers was found among respondents adhering to various religious groups: Christians, Muslims and traditional believers. In the context of the survey, the latter group had the highest number of believers in that myth. This type of information is helpful for understanding the character of the problem and grounding solutions such as working with all religious leaders. It also identifies areas where increased public education efforts or more targeted projects might be warranted. The evaluation found that youth and women were more likely to have misconceived notions about albinism than men. This suggests that the project did not reach women and youth to the same extent as it did men and that it is necessary to plan and implement further interventions that target these groups in particular.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Men
- Women
- Youth
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 72
- Paragraph text
- Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations.
- 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
- Health
- 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