the Discrimination against Persons with Disabilities (Prohibition) Act, 2018 to
address the alleged violations. Particularly, according to the Respondent State, the
Criminal Code of Akwa Ibom clearly criminalizes accusation of children of
witchcrafts.
38. The Respondent State submits that it has implemented policies for free universal
basic education, free medical services, shelters, and skills acquisition centers for
vulnerable children. These measures demonstrate a holistic commitment of the
Respondent State to the physical, mental, and social development of all children,
fulfilling its obligations. It further states that it has prosecuted three cases relating
to witchcraft accusations, including one involving a child (The State v Eteyen Edet
Ifang with charge number HEK/35C/2015). The Respondent State asserts that
these actions demonstrate due diligence and contributed to a significant drop in
such cases.
39. The Respondent State submits that it provides for free compulsory education for
all children and highlights stories of children accused of witchcraft that have
successfully completed their education through government support. By alluding
to these facts, the Respondent State submits that it has complied with its obligation
under the Charter to protect the rights of children accused of witchcraft accusation.
Observation of the Complainants on the Submission of the Respondent State
40. The Complainants allege that the Respondent State's submissions in its Argument
on the Merits are insufficient and fail to address the continuous and widespread
nature of violations against children accused of witchcraft. They contend that the
Respondent’s focus is limited to past measures in Akwa Ibom State, while the
problem persists across numerous states in Nigeria.
As evidence, the
Complainants provide recent documented cases to demonstrate the continuing
nature of the violations, they have also attached the evidence as annex to their
submission. The Complainants further challenge the efficacy of measures reported
by the Respondent State such as the establishment of the family courts, and
translation of laws, arguing that such measures are generic and not tailored to
address the specific harms associated with witchcraft accusations. Moreover, the
Complainants submit that the Respondent State has not demonstrated how its
generic policies on survival, development, and education protect children from the
specific threats posed against them by witchcraft accusations. They argue that the
sensitization campaigns cited by the Respondent State are without proof and
ineffective considering the persistent nature of the violations.
41. The Complainants argue that the Respondent State has not fulfilled its positive
obligations under the Charter. They cite established jurisprudence indicating that
a State's duty extends beyond enacting laws to actively ensuring effective
implementation through enforcement and prosecution. The Complainants also
argue that legal provision cited by the Respondent State on the criminalization of
the practice under Section 160 of the Akwa Ibom Criminal Code, is inadequate as
it is not child-specific, does not cover violations like murder, and is geographically
limited to Akwa Ibom State. Furthermore, the Complainants argue that the
prosecuted cases mentioned in the Respondent’s arguments are few, outdated,
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