179. The Court recalls the Commission’s Resolution on the prevention of attacks
and discrimination against persons with albinism as follows:
1.
Urges State Parties to take all measures necessary to ensure the
effective protection of persons with albinism and members of their
families;
2.
Calls upon State Parties to ensure accountability through the conduct of
impartial, speedy and effective investigations into attacks against
persons with albinism, the prosecution of those responsible, and by
ensuring that victims and members of their families have access to
appropriate remedies.
180. With respect to ensuring the protection of PWA, the Court notes that the
Applicants, relying on the report by Under the Same Sun ‘Children with
albinism in Africa, argue that: Murder, mutilation and violence’,55 was
reported between 2006 and 2012 in the Respondent State, 71 murders of
PWA took place, 29 serious assaults including mutilation, rape and
attempted murder took place and 17 grave robberies occurred.56 The report
further documents that nine attempted killings of children occurred between
2011 and 2012.57
181. Furthermore, the Court notes the uncontroverted evidence put forth by the
Applicants which indicates that ritual attacks against PWA are rife in
particular regions owing to the thriving trade in PWA body parts for ritual
and witchcraft purposes which further incentivises human trafficking or trade
in PWA organs.58
182. The Court observes that preventive measures that the Respondent State
avers it has taken include: ratification and domestication of international
treaties, inter alia, the Charter and ICCPR. It also references its domestic
55
Under the Same Sun supra.
Ibid, at page 25.
57 Ibid, at page 26.
58 United Nations Human Rights Council, ‘Report of the Office of the United Nations High Commissioner
for Human Rights: Persons with albinism’, §19-42.
56
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