31. With regards to freedom from abuse and torture, the Complainants submit that the
Respondent State failed to protect children accused of witchcraft from violence
caused by third party. Similarly, they argue that this failure of due diligence to
protect or prosecute perpetrators amounts to violation of Article 16 of the Charter
on freedom from torture.
32. Concerning alleged violation of Article 3 and 13 of the Charter, the Complainants
submit that that children accused of witchcraft are subjected to discrimination
manifested through abuse, abandonment, exclusion from education, and exposure
to violence. They further submit that disability constitutes one of the grounds upon
which children are accused of witchcraft.
33. The Complainants also argue that children accused of witchcraft are subject to
hazardous labour and exploitation which hinders their access to education, and
that the stigma associated with such accusations further prevents their integration
into formal education systems.
34. On the basis of the foregoing, the Complainants request the Committee pronounce
the Respondent State in Violation of Article 3, 13, 15, 11 & 16 of the African
Chinden’s Charter, and order the Respondent State to undertake effective
investigation and prosecution of perpetrators, enact laws criminalising witchcraft
accusation, enhance institutional capacity and awareness raising to curb witchcraft
accusation and witch-hunting practices, and provide support to children affected
by witchcraft accusation.
The Respondent State’s Submission on the Merit
35. The Respondent State argues that it has fulfilled its legal obligations under the
African Children's Charter and has effectively addressed the issue of children
accused of witchcraft through various measures, primarily in Akwa Ibom State. It
contends that the Complainants' claims are exaggerated, lack evidence, and that
the domestic actions taken have already provided the remedies sought.
36. The Respondent State submits that following the incidents reported in 2010, Akwa
Ibom State government immediately established a Commission of Inquiry to
investigate the allegations. The Respondent State argues that the Commission
found no evidence to support the claim that children were being killed and buried
alive; but made recommendations for prosecution of perpetrators of abuse and
stigmatization. Following the Commission’s recommendation, eight individuals
were named as perpetrators, however, they have not been traced and
apprehended yet as they absconded. The Commission also recommended for the
registration of faith-based organizations in the State of Akwa Ibom and moving
children from some shelters to Government owned shelters.
37. In response to the recommendations, the Respondent State submits that it has
taken measures including the establishment of Family Court, translation of the
Child Rights Act to local language, establishment of sexual and gender-based
violence response department within the Ministry of Justice of Akwa Ibom. The
Respondent State further argues it has undertaken legislative measures such as
through its Constitution, Child Rights Act, the Violence Against Persons Act, and
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