In a landmark ruling, the African Court on Human and Peoples’ Rights has held Tanzania accountable for systemic human rights violations against persons with albinism (PWAs). The judgment in Centre for Human Rights et al. v. Tanzania (Application No. 019/2018) marks a significant step in addressing the widespread discrimination, violence, and exclusion faced by PWAs in the country.
The case was filed by three human rights organizations—International Human Rights Development Africa (IHRDA), the Centre for Human Rights (CHR) at the University of Pretoria, and the Legal and Human Rights Centre (LHRC)—to challenge Tanzania’s failure to protect its PWA population. The applicants argued that the state’s inaction had resulted in widespread killings, mutilations, and discrimination against PWAs, who are often targeted due to superstitious beliefs associating their body parts with wealth and good fortune.
Key Findings of the Court
The African Court found Tanzania in violation of several fundamental human rights under the African Charter on Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the Child. The specific violations include:
- Right to Life: The Tanzanian government failed to take sufficient action to prevent and prosecute killings and attacks on PWAs driven by harmful superstitions.
- Right to Dignity & Freedom from Torture: The state’s inaction enabled harmful practices and degrading treatment of PWAs to persist.
- Right to Non-Discrimination: Systemic discrimination against PWAs was reinforced by inadequate government responses and legal protections.
- Children’s Rights: The court found severe violations in cases of child abduction, trafficking, and poor conditions in state-run shelters for PWA children.
- Right to Health & Education: The lack of tailored healthcare services and educational support for PWAs further marginalized them and deprived them of equal opportunities.
Court-Ordered Remedies and Reforms
The African Court ordered Tanzania to implement several critical measures to address these violations, including:
- Establishing a Compensation Fund: The government must create a fund to provide reparations to victims and their families.
- Legal Reforms: Authorities must amend existing laws to explicitly criminalize violence against PWAs and revise the outdated Witchcraft Act of 1928, which has contributed to harmful practices.
- Improving Shelters and Social Support: The court mandated better conditions in state-run shelters, prioritizing family reunification, and ensuring PWAs have access to education and healthcare.
- Nationwide Awareness Campaigns: Tanzania must launch at least two years of nationwide awareness efforts to combat harmful myths and superstitions surrounding PWAs.
- Public Accountability: The government is required to publish the judgment and submit periodic implementation reports within two to three years. Failure to comply could result in further legal proceedings.
Implications and Next Steps
This ruling sets a critical legal precedent for protecting PWAs and compelling States to take action against harmful cultural practices, not only in Tanzania but across Africa. By reinforcing state obligations under the African Charter and the African Children’s Charter, the judgment provides a framework for other nations to address similar human rights challenges.
IHRDA and its partners have pledged to closely monitor Tanzania’s compliance and advocate for full implementation of the ruling. They have also called for increased collaboration among civil society organizations, policymakers, and activists to uphold the rights of PWAs regionally.
