CRPD/C/18/D/22/2014
A.
Summary of the information and arguments submitted by the parties
Facts as submitted by the author
2.1
The author is from the village of Merda, Mvomero District, Morogoro Region,
United Republic of Tanzania. He is a person with albinism. Until the age of 41, when his
left arm was chopped off, he was a farmer and was self-sufficient.
2.2
On 10 April 2010, between 2 and 3 p.m., the author was fetching firewood from the
bush in Melela Kibaoni area, Mvomero District, when two Maasai morans (young men
between the ages of 14 and 30) came and asked him for tobacco. As he bent down to get it
from his plastic bag, the men hit him on the head with clubs. The author lost consciousness
and the men hacked off half of his left arm, from below the elbow, and left him behind,
alone. When he regained consciousness, he was in great pain and screamed for help.
Villagers took him to Morogoro Municipal Hospital, where he received treatment. The
author’s arm was never found and it is assumed that the men took it with them. The matter
was reported to the police,2 but there has been no prosecution.3
2.3
The author submits that the events took place in a context of particular violence
against persons with albinism in the United Republic of Tanzania. In 2012, the total number
of persons with albinism in the country was estimated at more than 200,000.4 They have
been suffering different forms of persecution and discrimination, many of which are
grounded in myths. It is believed, for example, that persons with albinism are a “curse from
God” or even “eternal ghosts”, that sexual relations with an albino woman can cure HIV,
and that the body parts of persons with albinism have magic powers, such as providing
wealth and prosperity. In this context, new forms of persecution against persons with
albinism have arisen in the State party, such as killings and mutilations, fuelled by the setup of a lucrative black market for the selling of body parts. Body parts are usually cut off
brutally using machetes, leaving the victims who survive with severe pain and suffering. In
some instances, buried bodies of persons with albinism have been exhumed and
dismembered.
2.4
The author claims that, despite his complaint to the police, no investigation has been
instituted by the competent authorities of the State party. He submits that private
prosecution is not possible in the United Republic of Tanzania, and that no other remedies
are available under domestic criminal law.
2.5
As far as civil litigation is concerned, the author states that, in order to initiate
proceedings, victims must submit their application before the high court of their place of
residence. As there was no high court in Morogoro Region where he lives, the author would
have had to travel to the capital, Dar es Salaam, to submit his case. He did not have the
economic resources to travel 300 kilometres to the capital by himself.
2.6
The author submits that other persons with albinism, who had suffered similar
attacks, filed a constitutional petition against the State before the High Court on 20 March
2009, with the help of the Legal and Human Rights Centre, Tanzania Albino Society and
Tanzania Federation of Disabled People’s Organizations. As at the date of submission of
the author’s complaint to the Committee, that matter had still not been heard by the High
Court owing to the intermittent changes to the panel of judges, which has unduly prolonged
and delayed it.
2.7
In that connection, the author notes that, according to the Basic Rights and Duties
Enforcement Act, which sets out the procedure for an aggrieved person to bring a case
before the courts, a bench composed of three judges must decide on the merits of each
application. The author claims that this procedure usually leads to undue delays because,
owing to the limited number of judges, it is difficult to constitute a bench of three judges in
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2
The author does not specify the date when the case was reported to the police.
The author does not provide further details in this regard.
Tanzania has one of the highest rates of albinism in the world, estimated at 1 in 1,429 people. See
Hats on for Skin Health, “Albinos in Africa: a population at risk”. Available at:
https://www.multivu.com/assets/55030/documents/Hats-On-For-Skin-Health-Campaign-Fact-Sheetoriginal.pdf.