Article 21, the obligation is ‘to eliminate’ such practice’.24 Article 21(1) provides that
practices that affect the life and health of children or which are discriminatory based
on sex or other grounds are harmful practices which States must take measure to
eliminate. Accusation of witchcraft is a harmful practice against children as it results
in their discrimination and endangers their life, development and health. 25 The
Committee further draws inspiration from the Human Rights Council which, through
Resolution 47/8 in 2021, urged States to undertake measures to eliminate harmful
practices related to accusation of witchcraft and ritual killings.26 Therefore, the
obligation of the Respondent State in terms of addressing the discriminatory
practice of witchcraft accusation is to undertake measures to eliminate the practice
through its legislative, executive and judiciary machineries.
51. In the present case, the Committee notes that the Respondent State mentioned
that it has undertaken sufficient measure to address the challenges of witchcraft
accusation of children alluding to the laws that prohibit discrimination particularly
discrimination against persons with disabilities and the awareness raising
measures it has implemented. During the fact-finding mission, the Committee
noted that the Respondent State has established shelters for neglected children
including those affected by witchcraft accusation. The Committee was also
informed by the Respondent State during the hearing and the fact-finding mission
that the practice has been addressed and eliminated following the measures
undertaken to implement to recommendations of the Commission of Inquiry on the
incidents reported prior to 2010, and the practice has come to an end. However,
the Committee observes that the Complainants have presented evidence
indicating that such violations persist, including recent documented cases.
52. From the fact-finding mission and the evidence before it, the Committee observes
that cases of witchcraft accusation remain widespread and ongoing including
recent incidents reported on media as well as to the police. Moreover, during the
fact-finding mission the Committee learned that the practice is not limited only to
one state, it occurs in multiple States including in the Niger Delta region where
incidents in recent years are recorded. Despite the claim by the Respondent State
that the practice has been eliminated, during its visit the Committee observes that
in Akwa Ibom State children accused of witchcraft continue to be brought to
government shelters fleeing violation of their rights. This is further verified by
children witnesses, media reports and other credible sources which the Committee
heard from. Moreover, the European Union Country Guidance on Nigeria lists
accusation of witchcraft as a ground for fear of persecution for asylum seeking
purposes by underlining that children and persons with disabilities including
albinism are highly vulnerable to witchcraft accusation in various parts of Nigeria.27
24 As above.
25 The OHCHR also lists Accusation of Witchcraft among harmful practices. See at
https://www.ohchr.org/en/women/harmfulpractices#:~:text=Harmful%20practices%20are%20a%20form,on%20harmful%20practices%20from%
202019.
26 Resolution Adopted by the Human Rights Council, A/HRC/RES/47/8 of 2021.
27
European Union Agency for Asylum, Country Guidance Nigeria, available at
https://euaa.europa.eu/country-guidance-nigeria-2021/29-individuals-accused-
15