260. The Applicants argue that by failing to prevent the abduction, sale and
trafficking of PWA along with failing to effectively investigate and prosecute
the perpetrators, the Respondent State has breached Article 29 of the
African Children’s Charter.
261. The Applicants aver that investigation and prosecution in relation to cases
of human trafficking are inadequate, leading to a thriving cross-border
market for PWA body-parts that sustain high demand and prices. This
economic environment, in turn, encourages individuals inside the
Respondent State to violate human rights of PWA to supply the said
demand.
262. The Respondent State contends that it has put the following legislations in
place to combat trafficking: Article 7 of the Constitution, which provides for
the freedom of movement; the Anti-Traffic in Persons Act, 2008 which
prohibits trafficking; cross-border operation plans between Tanzania,
Malawi and Mozambique on combatting the cross-border trafficking of PWA
and lastly, the Law of the Child Act, 2009.
263. According to the Respondent State, perpetrators of crimes against PWA
have been charged with offences of murder, trafficking and abduction in
accordance with its laws, as part of the strategy to combat the exploitation
of PWA and promote their human dignity.
264. The Respondent State also contends that it temporarily suspended all
practicing certificates of traditional healers who were considered suspects
in the trade of body parts of PWA. The Respondent State argues that killing
of PWA has been made a “principal crime”, resulting in many witchdoctors
leaving the country to neighbouring countries for fear of arrest and
prosecution.
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