laws, namely: the Constitution, National Policy on Disability 2004, the Antitrafficking in Persons Act, 2008, the Penal Code 1981 and Child Act 2009.
183. The Court takes cognisance of the Respondent State’s contention that it has
put in place a special task force for investigating and prosecution of cases
involving violence and killings of PWA. As the Respondent State has
submitted, the make-up of the task force includes state attorneys, public
prosecutions and the judiciary. However, the Respondent State has not
demonstrated the effectiveness of the task force to curb the killings of PWA.
184. The Court notes that while the Respondent State has legal frameworks such
as the Penal Code to tackle crimes, these laws are of general application
and, this is not exceptional, insofar as such laws also exist in all States.
Furthermore, the laws themselves do not constitute preventive measures,
the implementation thereof would constitute a better protective measure as
far as deterrence is concerned. International obligations of the Respondent
State, as earlier expounded, demand that it undertakes other measures,
including: concrete measures that would facilitate the implementation [of the
laws], such as advocacy and the training of law enforcement personnel and
judicial authorities, and continuous awareness-raising campaigns to
demystify the superstitions and harmful beliefs.
185. The Court also recalls the testimony of the Respondent State’s witness that
the period between 2008 and 2017 was the period of heightened attacks,
mutilations and killings of PWA. This is practically an acknowledgement of
the failure by the Respondent State to protect PWA. Also, it is noted that
even though the Respondent State acknowledges that the attacks on PWA
are systematically carried out in pursuit of financial gain, it has failed to
formulate and implement an effective strategy that would ensure the
protection of PWA.
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