On Sunday, September 20, Enoch Jamenya, a 56-year-old person living with albinism died of injuries sustained during an attack on September 10, by people who wanted to trade in his body parts. Body parts of persons living with albinism are desired by many for purposes of witchcraft to enrich themselves and gain power. This fallacy has led to the death and maiming of many persons living with albinism in East Africa, especially Kenya, Tanzania, Burundi and Congo.
Many Kenyans may not know this, but our country was on August 18 and 19 reviewed by the United Nations Human Rights Committee under the Convention on the Rights of Persons with Disability, which it ratified in 2008. Its provisions apply to Kenya by virtue of Article 2(6) of the constitution. Persons living with albinism are also classified as persons with disability due to the visual impairments associated with their condition.
Albinism is a condition that is present at birth and manifests through the complete or partial absence of pigmentation in the skin, hair and eyes, due to lack or defect of an enzyme involved in the production of melanin. It is an inherited condition and is the result of a recessive gene passed down from a parent. The lack of pigment in the eyes is what results in problems with vision and which can also be associated with a number of visual defects amongst this group of persons. Jamenya was therefore a person with disability due to his condition and required protection over and above the ordinary Kenyan as he was vulnerable in line with Article 54 of the Constitution.
One of the issues discussed during Kenya’s review by UNHRC, and at which the government was represented by 45 delegates led by the the Attorney General, was the plight of persons living with albinism and in particular with regard to their right to life. The committee on the Rights of Persons with Disability expressed concern about the different forms of violence against them such as kidnappings, killings and attacks for the purpose of witchcraft practices, a situation exacerbated by the absence of measures to protect victims and prosecute and convict perpetrators.
At the review, the Kenya National Commission on Human Rights urged the Committee to recommend to the government that it puts in place more targeted measures to respond to cases of abduction and killing of persons with albinism. The KNCHR also advised that the government enacts laws that prohibit harmful cultural practices that violate the rights of persons with disabilities (including persons living with albinism) and that it comes up with programmes aimed at securing those most at risk.
The UN Committee in its response made various recommendations to the Kenyan government amongst which was that it promptly investigates all cases of violence against persons with albinism and ensures that perpetrators are appropriately prosecuted and punished. Further, the government was urged to creates shelters and redress services for victims of attacks including healthcare, counseling and free legal aid; it was also advised to redoubles its efforts in raising awareness about the dignity and rights of persons with albinism. On this last recommendation, the government was also urged to ensure that it involves organisations of persons with albinism in any campaigns aimed at eliminating stigmatization and myths that underpin violence against persons with albinism.
Jamenya's death is sad and all the more shocking since it comes just a month after Kenya’s review and reinforces the need for the government to take expeditious measures to secure the lives and health of persons living with albinism. As we condole with his family, we urge the government to ensure that perpetrators of the attack against him are brought to book.
In addition to the above, it is necessary that the government urgently addresses stigmatisation and myths concerning persons living with albinism, which form the basis of the violence perpetrated against them. Awareness needs to be raised amongst MPs with regard to the CRPD so that they can be involved in its implementation and also the committee’s concluding observations.
Further, awareness-raising activities should also be conducted amongst public officials and the general public. To succeed in this effort, the government must set up both short and long-term strategies to raise awareness and combat discrimination against persons with disabilities (including those living with albinism) among the public in general and especially in rural and urban areas. This can be done through such means as mass media awareness-raising campaigns and workshops that foster a positive image of persons with disability (and those living with albinism) their contributions to society.
Human rights-based training programmes should also be provided to both private and public sectors for all officials in consultation with organizations of persons with disabilities /albinism and in collaboration with human rights organizations.
Shatikha S Chivusia is a commissioner at the Kenya National Commission on Human Rights. @ChivusiaSS.