Communication alleges ongoing violations which, allegedly, are still occurring and
affecting children in the Respondent State. Therefore, the Committee finds that the
Communication has been submitted is in line with the requirement of ‘reasonable
time’.
27. The sixth and last condition for admissibility relates to the language used in the
Communication as provided under Section IX (1) (f) of the Communications
Guidelines, which stipulates that a Communication should not contain any
disparaging or insulting language. The Committee observes that the
Communication does not contain any disparaging or insulting language and is
presented decently.
28. In light of the foregoing, the Committee concludes that the current Communication
fulfils all the admissibility requirements set forth under Article 44 of the Charter and
Section IX(1) of the Communications Guidelines. The Committee, therefore,
declares the Communication admissible.
V.
Submission on the Mertis of the Communication
The Complainants’ Submission on the Merit
29. The Complainants allege that children accused of witchcraft are subject to killings
in the process of extracting confession or purportedly delivering from alleged
spiritual possession. They cite examples of cases where children have been
beheaded, buried alive, detained and beaten and where acids have been poured
on them due to accusation of witchcraft which caused their unfortunate death.
Particularly, the Complainants refer to the case of Master Efiong Lawson, who was
allegedly beheaded by his stepfather, Mr Felix, and submit that, despite the
presence of law enforcement at the scene and the initial arrest of the perpetrator,
no effective investigation or prosecution was undertaken. The failure of the State
to show due diligence in the investigation and prosecution of perpetrators of killings
of children accused of witchcrafts, according to the Complainants, amounts to a
violation of the right to life by the Respondent State. In support of this claim, the
Complainants cite case law from the African Commission on Human and Peoples’
Rights in the Zimbabwe Human Rights Forum v Zimbabwe and Mouvement ivoirien
des droits humains v Cote d’Ivoire where the Commission held that negligence in
protecting the rights and addressing violations results in violation of the Charter
attributable to the State.
30. Moreover, the Complainants submit that the Respondent State has failed to fulfil
its obligation to ensure, to the maximum extent possible, the right to survival,
protection and development of children accused of witchcraft. They argue that
survival includes the right to live and to have adequate standard of living; protection
includes freedom from all forms of abuse and exploitation; and development
includes the right to receive care during early childhood and social security.
Accordingly, the failure of the Respondent State to prevent and punish witchcraft
accusation is a violation of the obligation to ensure the survival, protection, and
development of children.
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