apply to the trafficking of body parts that were harvested from a victim who
was not moved.”79
273. The Court also notes as regards the legal measures undertaken by the
Respondent State that the former Independent Expert on the Enjoyment of
Human Rights by Persons with Albinism observed that the Respondent
State’s Witchcraft Act, was inadequate. This is because the definition of
witchcraft was ambivalent and it thus conflates the practices of traditional
healers and witchdoctors. The Court observes that the ambivalence of the
law further makes it harder to root out the witchdoctors who instigate the
attacks on children with albinism.80
274. From the record, the Court observes that consistent, intentional attacks of
PWA with sharp weapons occur in the Respondent State and this is not
disputed by the Respondent State. Furthermore, these attacks subject PWA
to intense physical and long-term psychological suffering. The Court also
notes that the attacks occur for the purpose of illegally participating in the
sale of their body parts because of their albinism and without the
Respondent State practicing due diligence to protect PWA, investigate
attacks against them and punish and prosecute the perpetrators.
275. Furthermore, the Court references the Concluding Observations of the
United Nations Committee on the Rights of the Child, which noted with
extreme alarm the continued killings of children with albinism and that root
causes for murder, mutilations and trafficking of body parts had been
insufficiently addressed, with prosecution of offenders being ineffective.81
276. In light of the foregoing, the Court finds that the Respondent State has
violated Article 29 of the Children’s Charter by failing to prevent the
trafficking and sale of children with albinism within its territory.
79
Report of the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism, supra,
§ 23.
80 Ibid, §§ 26-27.
81 United Nations Committee on the Rights of the Child – Concluding observations on the combined
third to fifth periodic reports of the United Republic of Tanzania CRC/C//TZA/CO/3-5, § 29-31.
63