Tanzania ordered to revise witchcraft laws to protect people with albinism

Arusha. The African Court on Human and Peoples' Rights has directed Tanzania to revise its witchcraft laws to clearly distinguish between traditional healers and witch doctors.

The ruling came as part of a judgment on a case concerning attacks on people with albinism in the country.

The case, brought before the court by the Centre for Human Rights, the Institute for Human Rights and Development in Africa, and the Legal and Human Rights Centre, highlighted severe violations of the rights of persons with albinism (PWAs), including persecution, killings, and mutilations.

Lady Justice Stella Isibhakhomen Anukam from Nigeria, delivering part of the judgment for Case No. 019/2018 at the African Court in Arusha, noted that attacks on people with albinism in Tanzania are often linked to deeply rooted witchcraft beliefs.

As part of its non-pecuniary reparations, the Court ordered Tanzania to amend its laws to criminalise and punish violence against people with albinism as aggravated offences.

Specifically, the Court mandated revisions to the Witchcraft Act of 1928, Chapter 18 of the Laws of Tanzania, to eliminate ambiguities between witchcraft and traditional health practices.

The Court also required Tanzania to finalise, enact, and implement a national action plan on the promotion and protection of the rights of PWAs, aligning with the African Union Plan of Action to End Attacks and Other Atrocities.

One of the applicants’ attorneys, Advocate Fulgence Massawe, later noted that the Witchcraft Act was formulated during colonial rule and was initially designed to target Africans unfairly.

Compensation and further actions

The Court ordered Tanzania to establish a compensation fund with an initial sum of Sh10 million for moral damages suffered by PWAs.

The Court further mandated the government to take steps towards the full realisation of PWAs' rights, including ensuring access to quality education, strengthening healthcare services, conducting nationwide awareness campaigns for at least two years to dispel myths associated with albinism and implementing security and welfare measures for children with albinism, including psychosocial, medical, and other critical support services.

Additionally, Tanzania must work with applicants to address overcrowding in shelters housing PWAs, reunite affected families, and ensure children in these shelters have access to basic services.

Publicising the judgment

The ruling also requires Tanzania to publish the judgment within three months on the websites of the Prime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities, the Judiciary, and the Ministry for Constitutional and Legal Affairs, ensuring it remains accessible to the public.

These measures align with the African Union’s Plan of Action to End Attacks and Other Human Rights Violations Targeting Persons with Albinism in Africa (2021-2031), a ten-year initiative aimed at promoting disability rights under the African Union’s Disability Protocol.

The case was heard by a panel of nine judges, led by the Vice President of the African Court, Justice Sacko Modibo from Mali.

The applicants were represented by Advocates Fulgence Massawe, Michael Nyarko, and Chipo Rushiwaya, while Tanzania was defended by state attorneys Hangi Chang’a, Daniel Nyakiha, Vivian Method, and Narindwa Sekimanga.