their mental capabilities or disabilities as the case may be, are entitled to
without discrimination. The Commission thus considered that human dignity
is a right which every human being is obliged to respect by all means
possible and confers a duty on every human being to respect this right.69
237. The Court observes that the alleged violation of the right to dignity of PWA
is linked to evidence tendered on the treatment of PWA within the
Respondent State. This relates to PWA being treated as commodities
awaiting harvest and sale of body parts, occasioning brutal and severe
attacks upon their person, in violation of their right to equal worth as human
beings.
238. Furthermore, the Court notes from the record that the thriving and lucrative
commodity trade has led to desecration of graves and grave robbery for
body parts. This has created a climate of fear where PWA are incapable of
enjoying their rights and freedoms and perceive their life as devalued vis-avis persons without albinism.
239. The Court also notes the submission by the Applicants as detailed above
that PWA face assault from private parties in society motivated by beliefs in
witchcraft and myth that undermine the equal enjoyment of human rights
and freedoms of PWA in society.
240. The Court observes that the beliefs, which are prevalent in the Respondent
State, lead to credible manifestations of harm suffered by PWA who are
hunted for their body parts and even suffer ritual killing. In the Court’s view,
such actions against PWA without concerted efforts to prosecute and punish
offenders, leave an indelible mark on their right to dignity and cause them
to feel ostracized from the society.
69
ACHPR, Communication Number 241/2001 - Purohit and Moore v. The Gambia, §§ 55-57.
55