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On 5 February 2025, the African Court issued a landmark judgment ruling that the government of Tanzania failed to protect persons with albinism from systemic violence, discrimination, and neglect. The court held that the state violated multiple articles of the African Charter by failing to prevent attacks, killings, and the trafficking of body parts, while simultaneously neglecting the specific healthcare and educational needs of the community.
A Legal Precedent for Rights Violations
The ruling stems from a 2018 complaint filed by three organizations: the Centre for Human Rights (CHR), the Institute for Human Rights and Development in Africa (IHRDA), and the Legal and Human Rights Centre (LHRC). The court’s decision marks the first time it has adjudicated the specific human rights situation of persons with albinism, establishing a legal framework that may influence how other African nations address similar abuses.
The court found that Tanzania’s failure to implement effective protective measures directly contributed to a climate of impunity for perpetrators. Beyond physical safety, the judgment highlighted the state’s failure to combat the root causes of the violence, specifically the myths and stereotypes that drive the persecution of individuals with albinism.
Healthcare and Educational Neglect
The African Court explicitly recognized that albinism is a physical condition requiring specific accommodations for survival. It ruled that the Tanzanian government failed to provide basic necessities, such as sunscreen, wide-brimmed hats, and sunglasses, which are essential for protecting individuals with albinism from severe health complications. Furthermore, the court noted that discriminatory attitudes often hindered these individuals from accessing the medical care they required.
The situation for children was identified as particularly dire. While the Tanzanian government established shelters to protect children from abduction and physical harm, the court deemed these facilities inadequate. The judges concluded that the long-term separation of children from their families, combined with the poor living conditions within the shelters, inflicted psychological harm. Additionally, the court found that the educational system failed to provide necessary accommodations—such as large-print materials, glasses, and extra time—effectively barring many children with albinism from equitable schooling.
Mandated Remedial Measures
To address these violations of the African Charter, the court ordered the Tanzanian government to execute a comprehensive reform package within two years. The mandates include:
- Compensation Fund: Establishing a national mechanism to identify victims of attacks and provide them with financial restitution.
- Legal Reform: Amending domestic laws to specifically criminalize violence against persons with albinism, with such crimes to be prosecuted under aggravated circumstances.
- National Awareness Campaign: Launching a state-sponsored program to dismantle the myths and societal stigmas surrounding albinism.
- Institutional Reforms: Improving conditions in state shelters, ensuring children are reunited with their families, and mandating that schools provide the necessary resources for students with albinism.
The judgment affirms that Tanzania is in violation of several key articles of the African Charter, including the right to life, the right to dignity and freedom from torture, the right to health, and the right to education. The court’s directives now set a clear timeline for the government to bring its national policies into compliance with international human rights standards.
