Albinos rights violations: African Court orders reparations, review of witchcraft law

This ruling was made in the case between the Centre for Human Rights and the Tanzania government, where the civil society petitioners challenged the violation of persons with albinism in the country. 

The applicants contended that the rights of persons with albinism have been violated, including through abuse, attacks, murder, and the amputation of body parts.

Delivering her judgment, Justice Stella Isibhakhomen Anukam noted that attacks on persons with albinism in Tanzania are often linked to superstitions and harmful beliefs regarding them.

“Under the non-pecuniary reparations section, the Court orders the Respondent State to amend existing laws to criminalise and punish acts of violence targeting persons with albinism (PWA), considering that these acts are committed in circumstances that aggravate the violations,” the Judge ruled.

 “The African Court also instructs Tanzania, as the Respondent State, to amend the Witchcraft Act of 1928, Chapter 18 of the Laws of Tanzania, to clarify the confusion between witchcraft and traditional medicine.”

The Court also ordered Tanzania to complete, announce, and implement its national action plan for the promotion and protection of the rights of persons with albinism in accordance with the African Union Plan of Action to end attacks and other human rights violations targeting persons with albinism in Africa (2021-2031).

Tanzania is also to ensure albinos’ right to education, access to quality healthcare, and take steps to educate the public on the harmful myths associated with albinism.

The Court has further instructed Dodoma, in cooperation with the applicants, to facilitate coordinated and comprehensive efforts to reduce overcrowding in shelters for persons with albinism, reunite families, and ensure that children with albinism in these shelters have access to basic services.

The judge ordered that the government publish the judgment within three months from the date of notification, on the websites of the Prime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities, as well as the Judiciary and the Ministry of Constitutional and Legal Affairs, ensuring that the text remains accessible to the public for at least one year after publication.

Read: Albinos: The misunderstood ‘Tribe of Ghosts’

The State is further required to submit a report, within two years, on the status of the implemention of the decision. If the judgment is not fully complied with within three years of notification, the Court will hold an implementation hearing, Justice Anukam said.

Three witnesses, all persons with albinism and victims of human rights violations, presented testimonies before a panel of 10 judges chaired by the African Court president Imani D. Aboud.

Fulgence Massawe, a lawyer of the applicants who spoke to the media after the judgment said that the Witchcraft Act, which was enacted during the colonial period, was particularly used to persecute Africans. 

"It is shocking that, despite the country’s independence, we are still using this law, which has been a major obstacle to the rights of persons with albinism. That is why we brought this matter to the African Court, and we are grateful for the ruling. The next step is implementation," Mr Massawe said.

According to a report from Under the Same Sun, a Christian charity dealing with albinism in Africa, there have been 79 killings of persons with albinism, 100 survivors, two missing persons, 26 instances of grave desecration, and three asylums in Tanzania, with the most recent incident occurring on June 25, 2024.

Under the Same Sun CEO Peter Ash stated that albinos face numerous challenges, including health issues, discrimination, abduction, trafficking, and even murder, with their body parts being used for rituals and witchcraft.