and limited to one state. They further submit that such lack of prosecution is a
demonstration of systemic delays in justice which shows systematic failure and
lack of due diligence.
Amicus Curiae Briefing
42. The African Child Policy Forum (ACPF) submitted an amicus curiae brief to assist
the Committee. The submission seeks to provide research-based evidence on the
severe and systemic rights violations resulting from witchcraft accusations against
children across Africa. It outlines the prevalent nature of this harmful practice, its
devastating impact on children's rights to life, survival, development, and freedom
from torture, and analyses the failure of States to adequately prevent, prohibit, and
respond to these violations as required by international and regional human rights
instruments. Drawing on comparative legal analysis and the recommendations of
the Committee and the UN Committee on the Rights of the Child, ACPF urges the
Committee to use this case to set a strong legal precedent that compels State
Parties to explicitly criminalize the practice, strengthen child protection systems,
and combat the underlying harmful beliefs.
Investigation mission
43. The Committee conducted an on-site fact-finding mission in the Respondent State
to assess the situation of children facing accusations of witchcraft. The
Committee’s Delegation convened meetings and consultations particularly in Abuja
and Akwa Ibom State with government officials and visited some Government
Facilities such as shelters, model school, and model health centre in Akwa Ibom
State. The Delegation also held meetings with stakeholders in Abuja. The
Committee commends the Respondent State for authorising and facilitating the
fact-finding mission of the Committee. The compiled report of the mission has been
sent to the Respondent State through the diplomatic channels and annexed to this
Decision.
VI.
The Committee’s Analysis on the merits
Alleged violation of Article 3 on non-discrimination and Article 13 on children
with disabilities
44. The Complainants provide that children are subjected to witchcraft accusation on
discriminatory grounds such as disability, orphanhood, physical illness, actual or
perceived giftedness, ‘abnormal’ birth among other grounds. They further submit
that children accused of witchcraft are discriminated against through
abandonment, exclusion from formal education and deprivation of equal access to
develop their full potential. In response, the Respondent State argues that it has
adopted laws prohibiting discrimination through its constitution and the
Discrimination against Persons with Disabilities (Prohibition) Act of 2018. It also
submits that Akwa Ibom State provides inclusive education for children with
disabilities and caters for children affected by witchcraft accusation. It further
contends that measures such as inclusive education in Akwa Ibom State and
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