UN Expert Welcomes African Court Ruling Against Tanzania For Failing To Protect Persons With Albinism

GENEVA (7 February 2025) – The Independent Expert on the enjoyment of human rights by persons with albinism, Muluka-Anne Miti-Drummond, today welcomed a decision by the African Court on Human and Peoples’ Rights holding the United Republic of Tanzania liable for failures to protect persons with albinism against violent attacks, torture and degrading treatment, discrimination, trafficking and abduction of children of persons with albinism.

In a decision, the African Court found that Tanzania violated the right to life protected under Article 4 of the African Charter, prohibition against torture, degrading and inhumane treatment, prohibition of sale, trafficking and abduction of children, and the right to non-discrimination under relevant international human rights instruments. Accordingly, the Court orders Tanzania to amend laws, including the Witchcraft Act, to ensure criminalisation of attacks against persons with albinism.

“The decision is an important milestone in the ongoing efforts to enforce the human rights of persons with albinism and the case presented the African Court with a unique opportunity to generate an important precedent in relation to State obligations regarding the human rights of persons with albinism in Africa,” Miti-Drummond said.

Amongst others, the Court ordered Tanzania to promulgate a national action plan on the protection of persons with albinism in conformity with the African Union Plan of Action to End Attacks and Other Human Rights Violations Targeting Persons with Albinism. The Court further ordered Tanzania to take effective measures to ensure realisation of the right to health for persons with albinism and undertake awareness raising campaigns to dispel wrongly-held beliefs on albinism and mitigate violence.

“I am encouraged by the Court’s strong decision on reparations by ordering Tanzania to establish a compensation fund and pay 10 million Tanzanian shillings as compensation to persons with albinism who have been victims of violent attacks,” Miti-Drummond said. The expert urged the government of Tanzania to take all measures to ensure that the decision is implemented.

The case was brought by the Centre for Human Rights at the University of Pretoria (CHR), Institute for Human Rights and Development in Africa (IHRDA), and Legal and Human Rights Centre (LHRC) on behalf of persons with albinism in Tanzania. The applicants presented evidence relating to the killings and mutilations of persons with albinism in several districts in Tanzania, the lack of access to justice for victims of these attacks, as well as persistent discrimination and social stigma against persons with albinism. They accused the government of Tanzania of failing to protect and promote the rights of persons with albinism in the country.

Miti-Drummond, in collaboration with Under the Same Sun (a non-governmental organisation) and the O'Neill Institute for Global and National Health at Georgetown University, submitted an amicus curiae brief highlighting the body of international human rights laws, standards, and jurisprudence relating to the responsibilities of the government of the Tanzania towards persons with albinism. The expert has had several engagements with the government of Tanzania, including an advocacy visit, to address concerns and challenges faced by persons with albinism in the country.

Muluka-Anne Miti-Drummond is the UN Independent Expert on the enjoyment of human rights by persons with Albinism.

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