Article 21, the obligation is ‘to eliminate’ such practice’.24 Article 21(1) provides that practices that affect the life and health of children or which are discriminatory based on sex or other grounds are harmful practices which States must take measure to eliminate. Accusation of witchcraft is a harmful practice against children as it results in their discrimination and endangers their life, development and health. 25 The Committee further draws inspiration from the Human Rights Council which, through Resolution 47/8 in 2021, urged States to undertake measures to eliminate harmful practices related to accusation of witchcraft and ritual killings.26 Therefore, the obligation of the Respondent State in terms of addressing the discriminatory practice of witchcraft accusation is to undertake measures to eliminate the practice through its legislative, executive and judiciary machineries. 51. In the present case, the Committee notes that the Respondent State mentioned that it has undertaken sufficient measure to address the challenges of witchcraft accusation of children alluding to the laws that prohibit discrimination particularly discrimination against persons with disabilities and the awareness raising measures it has implemented. During the fact-finding mission, the Committee noted that the Respondent State has established shelters for neglected children including those affected by witchcraft accusation. The Committee was also informed by the Respondent State during the hearing and the fact-finding mission that the practice has been addressed and eliminated following the measures undertaken to implement to recommendations of the Commission of Inquiry on the incidents reported prior to 2010, and the practice has come to an end. However, the Committee observes that the Complainants have presented evidence indicating that such violations persist, including recent documented cases. 52. From the fact-finding mission and the evidence before it, the Committee observes that cases of witchcraft accusation remain widespread and ongoing including recent incidents reported on media as well as to the police. Moreover, during the fact-finding mission the Committee learned that the practice is not limited only to one state, it occurs in multiple States including in the Niger Delta region where incidents in recent years are recorded. Despite the claim by the Respondent State that the practice has been eliminated, during its visit the Committee observes that in Akwa Ibom State children accused of witchcraft continue to be brought to government shelters fleeing violation of their rights. This is further verified by children witnesses, media reports and other credible sources which the Committee heard from. Moreover, the European Union Country Guidance on Nigeria lists accusation of witchcraft as a ground for fear of persecution for asylum seeking purposes by underlining that children and persons with disabilities including albinism are highly vulnerable to witchcraft accusation in various parts of Nigeria.27 24 As above. 25 The OHCHR also lists Accusation of Witchcraft among harmful practices. See at https://www.ohchr.org/en/women/harmfulpractices#:~:text=Harmful%20practices%20are%20a%20form,on%20harmful%20practices%20from% 202019. 26 Resolution Adopted by the Human Rights Council, A/HRC/RES/47/8 of 2021. 27 European Union Agency for Asylum, Country Guidance Nigeria, available at https://euaa.europa.eu/country-guidance-nigeria-2021/29-individuals-accused- 15

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