Centre For Human Rights Pleased With Landmark Judgement Delivered By African Court On Human And Peoples’ Rights On Persons With Albinism
In a suit between the Centre for Human Rights (CHR), Faculty of Law, University of Pretoria, Institute for Human Rights and Development in Africa (IHRDA) and Legal and Human Rights Centre (LHRC) v. United Republic of Tanzania, the Centre for Human Rights has shown satisfaction with the judgement which went in their favor.
This application, which was submitted as part of the Center's response to the predicament of people with albinism in the United Republic of Tanzania, specifically contested the State's inability to shield them from the pervasive discrimination, persecution, and humiliation that have existed for ages. The application was supported by data and studies showing that people with albinism in Tanzania faced sexual abuse, kidnappings, body mutilation, and murders, all of which were caused by damaging cultural beliefs and customs, as well as challenges in accessing basic social assistance.
The African Court, in its ruling read by Justice Stella Anukam, found Tanzania in violation of its duty to implement the rights of individuals with albinism guaranteed by the African Charter on Human and Peoples Rights, including the right to life (African Charter: Articles 4 and 6 of the ICCPR), the right to dignity (African Charter: Article 5), and the freedom from torture, degrading treatment, and inhuman treatment (African Charter: Articles 5 and 7 of the ICCPR) due to Tanzania's failure to adequately investigate and apprehend those responsible for killings.
Regarding children with albinism, the Court determined that Tanzania had failed to prevent the sale, trafficking, and kidnapping of these children (African Children’s Rights Charter, article 29); to take into account the child’s best interests when operating shelters for these children (African Children’s Rights Charter, article 4); and to guarantee education for these children that is sustainable, accessible, and flexible enough to meet their needs (African Children’s Rights Charter, article 1). Additionally, the Court determined that Tanzania did not provide the highest possible standards of health for individuals with albinism (African Charter, article 16).
Crucially, the Court issued reparations orders with deadlines that Tanzania must follow.
Within two years of notification of the verdict, Tanzania has to create a compensation fund with a ten million Tanzanian shilling initial seed deposit and collaborate with applicants and Persons with Albinism representatives to identify and compensate attack victims based on the degree of their moral prejudice. Change the current legislation to make violence against people with albinism illegal and punishable by considering it as if it were committed under aggravated circumstances. Clarify any ambiguity pertaining to witchcraft and traditional medical procedures by amending the Witchcraft Act 1928, Chapter 18 of the Tanzanian Laws.
Establish and carry out a national plan for the advancement and defence of the rights of people with albinism that complies with the African Union's action plan to stop assaults and other human rights abuses against people with albinism in Africa (2021–2031). take all the required steps to ensure that people with albinism can fully exercise their rights to education and the highest possible level of health. take the required actions to dispel the stereotypes around albinism by launching extensive campaigns that last for at least two years.
Develop and implement plans that will guarantee the full realization of the rights and welfare of children with albinism, such as programs for their safety, psychological support, medical care, and other aid essential to their survival and growth. Work with the applicants to alleviate overcrowding in shelters for individuals with albinism, reunite them with their families, and guarantee that the children in the shelters have access to basic services.
In addition, the State was mandated to make the judgement available for reading for at least a year following the date of publication and to post it on the websites of the Prime Minister's office, Labour, Youth and Employment, and Persons with Disabilities, the judiciary, and the Ministry for Constitutional Legal Affairs within three months.
Also, every six months until the court determines that the decision has been fully implemented, the respondent state is required to provide it with a report on the decision's implementation status. Crucially, the Court stated that it will hold a hearing on the status of the orders it issued in this judgment's execution within three years of the date this judgement was notified
The Centre applauds this ruling and the African Court for upholding the rights of those with albinism, guaranteeing justice and accountability, and granting restitution for the severe abuses that individuals with albinism endured in Tanzania. The African Court's ruling serves as a timely reminder to other African nations to combat damaging cultural practices and beliefs that people with albinism have been subjected to for decades without any recourse and to hold those responsible for them accountable. Interestingly, Tanzania is home to the largest number of people with albinism worldwide. This historic ruling establishes a standard for upholding and defending the rights of people with albinism both internationally and in other regions of Africa.
News by Ayawari Tom Ebibo
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