The Report of the OHCHR on witchcraft accusation in 2023 notes the same about
Nigeria where accusation of witchcraft is accepted as a ground for asylum seeking
for Nigerians, highlighting decisions of domestic courts of host states recognising
the practice as persecution.28 The Committee and the UN Committee on the Rights
of the Child have both called on the Respondent State to take measures to address
the practice of witchcraft accusation in their concluding observations and
recommendations.29 The Complainants, claiming the ongoing and widespread
nature of the practice, also substantiated their claims by submitting list of incidents
of violence caused by witchcraft accusation in various states of the Respondent
State. In this regard, the Committee concludes that the practice of witchcraft
accusation remains widespread and ongoing in the Respondent State. The
Committee, therefore, rejects the Respondent State’s assertion that the practice
has been eliminated.
53. The Committee further notes the absence of sufficient evidence demonstrating
effective investigation and prosecution of perpetrators, with only one pending case
cited by the Respondent State despite the scale and gravity of the violations
alleged. Considering that the practice is widespread and ongoing in the
Respondent State, the Committee also notes that no mapping of the practice to
assess its status has been carried out by the Respondent State. Witcraft
accusation against children and associated discrimination and stigmatization of
children accused is being committed with impunity in many cases.30 The
Committee therefore finds that the State Party should have undertaken measures
to map the practice, duly investigate reported cases, and ensure the prosecution
of perpetrators to discharge its duty to protect children from all forms of
discrimination in line with its obligation under Article 1 and 3 of the Charter. The
Committee finds that the assumption of the Respondent State that the practice has
been eliminated in the presence of various reported incidents to its own shelters
and other reports drawing its attention to the practice is a violation of its obligation
to take appropriate measures to address the discriminatory practice. Accordingly,
the Committee concludes that the Respondent State perpetuates discriminatory
practices against children accused of witchcraft by failing to take appropriate
measures to prevent, investigate, and prosecute acts arising from witchcraft
accusations, contrary its obligations under Articles 1 and 3 of the Charter.
54. With regards to the violation of Article 13 on the rights of children with disabilities
in relation to their freedom from discrimination, the Committee notes that the article
obliges States to take special measures for children with disabilities to ensure their
witchcraft#:~:text=Children%20accused%20of%20witchcraft%20may,%5BSecurity%20situation%202
021%2C%202.34.
28 Human Rights Council, Study on the Situation of the Violations and Abuses of Human Rights
Rooted in Harmful Practices Related to Accusations of Witchcraft and Ritual Attacks, as well as
Stigmatization Report of the Office of the United Nations High Commissioner for Human Rights,
A/HRC/52/47 of 2023, para 47.
29 ACERWC Concluding Observation and Recommendation to the Federal Republic of Nigeria on its
First Periodic Report para 40; UN CRC Concluding Observation and Recommendations on the Third
and Fourth Periodic Report of the Federal Republic of Nigeria, 2010, para 67,68.
30 Resolution Adopted by the Human Rights Council, A/HRC/RES/47/8 of 2021.
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