CRPD/C/22/D/24/2014
4.10 The author has never raised her demands before the municipal courts and has not
given the State party a chance to address the alleged violations raised before the Committee.
The State should be given the opportunity to redress an alleged violation within the
framework of its own domestic legal system before it is dealt with at the international
level.7 It has been determined that it is not enough to cast aspersions on the ability of the
State party’s domestic remedies with respect to isolated incidences; rather, it is incumbent
on the author to take all necessary steps to exhaust domestic remedies, or at least to attempt
to do so.
4.11 The State party does not accept that the author was unable to access justice. A full
trial was held and the fact that the accused was acquitted and that there was no appeal does
not mean that the author was deprived of the right to access to justice and to go through the
court system. The decision not to appeal was based on the professional legal opinion that an
appeal to the Court of Appeal would have been futile, given that the High Court relied on
the very same Court of Appeal decisions on standards to convict on the basis of
identification.
4.12 The State party requests the Committee to declare the case inadmissible as it is
groundless. It refutes the allegation of a violation of article 5 of the Convention, since the
State party has undertaken initiatives to ensure that persons with albinism are not
discriminated against and are treated equally. In 2010, the Person with Disabilities Act was
adopted to provide for the needs of persons with disabilities, including persons with
albinism, and to ensure that they were not discriminated against. In 2004, the Employment
and Labour Relations Act was specifically enacted to end discrimination against persons
with disabilities in the workplace. Furthermore, a specific department was created within
the Ministry of Health and Social Welfare to oversee the rights of persons with disabilities,
including persons with albinism. Through the Social Welfare Division, people with
albinism can be exempted from paying for medical services upon request. Various services
are available too, such as guidance and counselling. The State party developed a national
disability policy in 2004 to ensure that persons with disabilities enjoy the right to
participate in public and private affairs. For example, a person with albinism is currently a
member of Parliament. The Ministry of Health and Social Welfare established a National
Council (Fund) for the provision of services to persons with disabilities. The State party
continues to provide food, clothing, shelter and health services for persons with disabilities
who cannot provide for themselves, and in 2014 assisted 1,235 people. The National
Population Policy of 2006 is another tool that protects the rights of persons with albinism.
The policy demonstrates an awareness of the problems facing persons with disabilities,
including stigma and discrimination, and its objective is to promote the well-being of
persons with disabilities.
4.13 The State party submits that it has made an effort to ensure that women with
disabilities, including women with albinism, are provided for in all matters relating to their
personal development and their rights to health and education. In that connection, two
colleges for people with disabilities in two regions offer vocational training courses for
persons with disabilities. The State party has adopted several specific acts and policy papers
in the field of health, such as the Health Sector Strategic Plan (July 2009–June 2015). The
State party therefore considers that it has not violated its obligations under article 6 of the
Convention.
4.14 The State party also denies the author’s allegations that it has made no effort to raise
awareness about the rights of persons with disabilities and persons with albinism. Rather,
the Ministry of Health and Social Welfare has collaborated with civil society and other
actors to raise public awareness throughout the country. The Commission for Human
Rights and Good Governance, the national human rights institution, has also played a very
active role in promoting and protecting the rights of persons with albinism. In 2009, the
Commission carried out research, investigation and awareness-raising among the public and
all key actors, namely law enforcement agents, the judiciary, opinion leaders at the grassroot levels, licensed traditional healers and social welfare officers in the regions and
7
African Commission on Human and Peoples’ Rights, Article 19 / Eritrea, communication No. 275/03,
Decision, 30 May 2007, para. 45.
5