CONTENTS DECLARATION 2 ABSTRACT 3 ACKNOWLEDGEMENTS AND DEDICATION 4 LIST OF ABBREVIATIONS 10 GLOSSARY OF TERMS 12 INTRODUCTION 16 AIMS/OBJECTIVES OF RESEARCH 19 CASE STUDIES 19 RATIONALE AND JUSTIFICATION FOR STUDY 20 OVERVIEW OF CHAPTERS 21 CHAPTER ONE – RESEARCH METHODOLOGY 25 1.1 INTRODUCTION 25 1.2 LEGAL PLURALISM 26 1.3 THEORETICAL PERSPECTIVES 27 1.4 METHODS 43 CHAPTER TWO – SUPERSTITION AND THE CONCEPT OF EVIL 45 2.1 INTRODUCTION 45 2.2 SUPERSTITION 45 2.2.1 Definition 46 2.2.2 Categorisation 47 2.2.3 The Psychological Element 49 2.3 EVIL 51 2.4 RELIGIOUS CONNOTATIONS OF EVIL 54 2.4.1 Christianity 55 2.4.2 Judaism 56
alleged witches. This seven-stage model provided by Van Beek not only assists in understanding the internal reasoning behind witchcraft beliefs, but also provides a logical pattern for the development of beliefs through to accusation. Discovering such developments deconstructs the witchcraft discourse per se. Accordingly, each key variable can be translated into a dialogue, which is comprehensible and foreseeable, and possibly even changeable. 3.6.4 Social repercussions Once an accusation of witchcraft is exposed, within the public domain, the social repercussions for the victim are appallingly callous. One of the most striking elements of witchcraft accusations is the level of extreme brutality that accompanies them. Following an accusation, the victim, typically becomes subject to a vigilante form of violence, often performed in the presence of the whole community. The justification, for this means of torture, is to extract a confession from the victim, by any means necessary. The level of violence, and whether or not the victim will survive, is dependent on that particular society, and generally falls into one or more of four categories; harassment, torture, exile or death. For example, in Ghana, many alleged witches, predominantly women, are initially tortured, before being exiled to the one of the seven infamous witch camps, all located in remote areas within the north of the country. These witch camps are, essentially, a double-edged sword for the victim. As noted by ActionAid, The witch camps are effectively women’s prisons where inmates have been given no trial, have no right of appeal but have received a life sentence. It is because of this that ActionAid and Songtaba condemn the camps as a violation of the rights of the women who have to live in them. But the camps also provide a haven for accused women, and, in the absence of any social support and protection in their own communities, can be a relatively safe place for women if the conditions are humane and dignified. Torture is a common form of punishment for the majority of the alleged witches. Victims are forced to parade naked throughout the streets of the community and are then severely beaten with sticks, stones, knives and hot iron rods. On occasion, these implements are inserted into the private parts of the victim, chilli powder is rubbed into their eyes and private parts, their
authorities hold considerable influence. As noted by Erturk, ‘traditional authorities deal with all matters supposedly involving supernatural (e.g. witchcraft). The State authorities are usually not in a position to resolve such matters.’ For many Ghanaians, witchcraft is a phenomenon that is taken for granted. As observed by Akrong, ‘in Ghanaian society generally, witchcraft is often associated with supernatural activities that are believed to bring about negative or evil consequences for individuals and families.’ However, there is also a strong understanding that witchcraft can be utilised in a benevolent way, enhancing a person’s ability to be able to perform remarkable accomplishments. This view is often attributed to the Western world, in particular scientific developments, thus, acquiring the name of ‘white man’s witchcraft.’ Thus, in Ghana, the witchcraft spirit is neutral and can be manipulated by the will and character of the person utilising it, either for good or evil intentions. However, as Dovlo explains, ‘traditionally, when witchcraft is seen as good, it is associated with men, whilst the evil use of witchcraft is associated with women.’ Ghanaian folklore specifies that the spirit of witchcraft is kept in earthenware containing blood and leaves the body at night, entering into the spiritual realm of the witches. Witches are generally understood to operate in groups of between ten and twenty under the guide of a lead witch, meeting in remote and inaccessible areas, to which they travel under the guise of an animal, such as an owl or snake. Within Ghanaian folklore, witchcraft is feminine and the witchcraft spirit be acquired in a variety of different ways. As observed by Akrong, It can be transmitted to a child at birth, or from a mother who is a witch. However, even a mother who is not a witch can still transfer witchcraft to a child if she is contaminated unwittingly by the witchcraft substance that is left behind after witches have bathed in a river. The witchcraft spirit can also be acquired through gifts, or may be purchased from a wizard. Yet, it is the belief in Ghana that the witchcraft spirit can only function amongst blood relations, thus, highlighting the prevalence of witchcraft accusations within the family. In Ghanaian society, a woman’s traditional role in society is often rigid,
Violence against women is prevalent in India, with the caste system reinforcing the controlling, repressive nature of patriarchy. A poll by the Thomson Reuters Foundation, in which 213 experts, from five continents, ranked countries on six categories, ‘health threats, sexual violence, non-sexual violence, harmful practices rooted in culture, tradition and/or religion, lack of access to economic resources and human trafficking,’ reveals that India is the fourth most dangerous place in the world to be a woman. Whilst discrimination permeates all levels of the caste system, it is the Dalit women who are ‘victims of a collision of deep-rooted gender and caste discrimination,’ and are particularly susceptible to WAP. Witchcraft accusations and persecution are extremely prevalent within India. As noted by the Witchcraft and Human Rights Information Network (WHRIN), in Asia the largest number of reports of witchcraft comes from India. Moreover, the UNDP ranks India 127th out of 148 countries in terms of gender inequality. As stated by Mishra, when examining the National Crime Records Bureau, over 1791 women had died between 2001 and 2010 due to accusations of witchcraft. Women are, without doubt, the key targets for witchcraft accusations in Indian society. As Singh explains, Witch-hunting is essentially a legacy of violence against women in our society. For almost invariable, it is women, especially Dalit or Adivasi women, who are branded as dayans or witches. By punishing those who are seen as vile and wild, oppressors perhaps want to send a not-so-subtle message to women: docility and domesticity gets rewarded, anything else gets punished. Historically, as observed in Europe, witchcraft killings have long been a part rural India’s history, as too has the devaluation and oppression of women. Whilst India is a deeply superstitious and religious country, superstition and religion are not the only reasons behind accusations of witchcraft. The caste system in India has provided a stark divide between the ‘educated and the uneducated.’ Thus, accusations are predominant within the lower castes, rooted in land disputes, poverty, village politics or as punishment for the rebuffing of sexual advances. As noted by Singh, ‘identifying Dalit and Adivasi women as witches helps preserve caste structures or maintain upper-caste hegemony.’ Moreover, witch killings appear to be particularly
4.4.4 Papua New Guinea PNG comprises of six hundred islands with over 800 known spoken languages, with an estimated population of just over 7.3 million, comprised of 85% living within rural areas and 15% living in urban areas. As documented in a 2012 Report, 96% of the population of PNG identified themselves as Christian, with the remainder holding indigenous or other beliefs. However, it is noted that the majority of citizens integrate their belief in the Christian faith with indigenous beliefs and practices. Due to the indigenous nature of PNG, the country is one of the most culturally diverse places in the world, with several thousand communities divided by language, custom and tradition. PNG has a prevalence of tribal violence, predominantly fighting over land disputes. Women in PNG endure some of the most extreme levels of violence in the world. In a Human Rights Watch (HRW) 2015 World Report, they document PNG to be ‘one of the most dangerous places in the world to be a woman, with an estimated 70% of women experiencing rape or assault in their lifetime.’ Belief in witchcraft is prevalent in PNG and the violence associated with WAP is horrific. Whilst witchcraft in PNG is often attributed to causing unexplained incidences and deaths, the prevalence of HIV within the country, spread by high levels of rape, polygamy and infidelity only exacerbate accusations of WAP, as women are often accused of spreading HIV via witchcraft. Due to the largely patriarchal nature of many communities, women in Papua New Guinea have very low social status. As a consequence, gender-based violence is prevalent throughout the country. This is validated by the UNDP, who ranks Papua New Guinea 135th out of 148 countries on the Gender Inequality Index. Witchcraft (sanguma) killings in Papua New Guinea, particularly within the remote and vast Highlands region, are on the increase and as observed by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, authorities ‘lack the capacity to prevent and investigate crimes relating to … accusations of sorcery.’ According to Amnesty International, the Papua New Guinea authorities claim that women are six times more likely to be accused of sorcery (puri-puri) than men. Women are automatically suited to ‘house’ the
International Human Rights Treaties and their Optional Protocols Date of Accession/ Ratification: INDIA Date of Accession/ Ratification: GHANA Date of Accession/ Ratification: PAPUA NEW GUINEA Date of Accession/ Ratification: NEPAL Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) (1979) Signed: - 30 July 1980 Ratified: - 9 July 1993 Declarations to articles 5(a) and 16(1) Reservation entered against article 29(1) Signed: - 17 July 1980. Ratified: - 2 January 1986. Acceded: - 12 January 1995 Signed: - 5 February 1991. Ratified: - 22 April 1991. Optional Protocol to CEDAW (1999) Not signed Signed: - 24 February 2000. Ratified: - 3 February 2011. Not signed Signed: - 18 December 2001. Ratified: - 15 June 2007. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (1984) Signed: - 14 October 1997 Not ratified. Signed: - 7 September 2000 Ratified: - 7 September 2000. Declarations entered against articles 21, 22 and 30. Not signed Acceded: - 14 May 1991 Optional Protocol to CAT (2002) Not signed Signed: - 6 November 2006. Not ratified. Not signed Not signed International Covenant on Civil and Political Rights (ICCPR) (1966) Acceded: - 10 April 1979 Declarations entered against articles 1, 9, 12, 13, 19(3), 21, 22 Signed: - 7 September 2000 Ratified: - 7 September 2000 Acceded: - 21 July 2008 Acceded: - 14 May 1991 First Optional Protocol to ICCPR (1966) Not signed Signed: - 7 September 2000 Ratified: - 7 September 2000 Not signed Acceded: - 14 May 1991 Second Optional Protocol to ICCPR, aiming at abolition of the death penalty (1989) Not signed Not signed Not signed Acceded: - 4 March 1998 International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) Acceded: - 10 April 1979 Declarations entered against articles 1, 4, 7(c), 8 Signed: - 7 September 2000 Ratified: - 7 September 2000 Acceded: - 21 July 2008 Acceded: - 14 May 1991 Optional Protocol to ICESCR (2008) Not signed Signed: - 7 September 2000 Not ratified. Not signed Not signed Fig. 1 – International Human Rights Treaties and their ratification
2009 in Goroka, Madang and Waigani, regarding the issue of WAP, stating that ‘resolutions reached at the workshops will be used by the Office to reform the current legislation.’ This lack of information by PNG was highlighted within the Committee’s Concluding Observations on PNG on 30 July 2010. In this report, the Committee acknowledges the establishment of a working committee to review the law on sorcery and sorcery-related killings; however, expresses grave concern regarding reports of ‘brutal torture and killings of women and girls, especially older women, accused of witchcraft,’ in particular, the fact that the number of female victims is increasing. The Committee also highlights the limited response from PNG on this issue stating, The Committee regrets the lack of information on the prevalence of this phenomenon as well as on any investigations, prosecutions and punishments of the perpetrators. The Committee underlines that this is a grave violation of girls and women’s human rights and of the State party’s obligations under the Convention. In light of this the Committee issues the following recommendations to PNG. PNG must ‘take immediate and effective measures to investigate the incidences of torture and killings of women and girls, especially older women’ based on WAP, ‘prosecute and punish the perpetrators of such acts and prevent their reoccurrence in the future,’ ‘accelerate its review of the law of sorcery and sorcery-related killings,’ ‘strengthen the enforcement of relevant legislation’ and ‘strengthen its awareness-raising and educational efforts, targeted at both women and men,’ with the support of civil society and the involvement of community chiefs and religious leaders. The very fact that following the ratification of CEDAW, in 1995, PNG then proceeded to miss four reporting deadlines immediately shows a lack of willingness by PNG to comply with the Convention. Once the reports had finally been submitted, the lack of information and limited response by PNG, in relation to the prevalence of women murdered through WAP, only substantiates this lack of engagement. Moreover, as noted by the UNHCR, the fourth periodic report of PNG was due to be submitted to the CEDAW Committee on 1 July 2014. To date, this has not been submitted. 5.4.5 Evaluation of the CEDAW Committee
session in March 2014, the HRC heard statements from a panel of NGOs on the topic of ‘Femicide, Witchcraft Accusations and Women with Disabilities,’ who discussed the impact of witchcraft accusations on women and girls, within different countries, emphasising the need for greater awareness, understanding and engagement with the issue of WAP. 5.9.1 HRC Advisory Committee The HRC Advisory Committee, comprising of eighteen independent experts, was established as a research-based think-tank working under the direction of the HRC. Meeting twice annually, the mandate of the Committee is to provide expertise to the HRC and propose suggestions for further research. On 10 February 2015, the HRC Advisory Committee provided a report for the 28th Session of the HRC, concerning the situation of human rights of persons living with albinism. In this report the link between attacks on people with albinism and witchcraft is clearly highlighted stating that, ‘data-gathering is difficult owing to the secretive nature of witchcraft, which serves as the context of most ritual attacks against persons with albinism.’ The report clearly defines the link between poverty, misfortune and witchcraft; ‘as is the case with witchcraft accusations against women, the elderly and children, muti murders of persons with albinism appear to follow patterns of poverty, misfortune, tension and conflict in societies.’ The report specifies the need for States to, Clarify ambiguities where they exist in laws relating to witchcraft and traditional health practice, including through the effective regulation of the licenses of traditional healers and witchdoctor and a clear ban on the use of harmful practices. Moreover, the report not only specifies the need for clear laws that criminalise and punish acts of WAP against persons with albinism, it accentuates the key issue of implementation. Laws should not simply be promulgated, but they should they must be implemented, in conjunction with concrete measures, such as the education and training of the police and the judiciary on the issue of WAP, in order to facilitate their implementation and ensure that cases of WAP are successfully prosecuted. Following this report, the General Assembly (GA) proclaimed in resolution 69/170 of 18 December 2014, that with effect from 2015, 13 June would be recognised as International Albinism Awareness Day. Moreover, in June 2015 the UN High Commissioner for Human Rights issued a report on the ‘Initiatives taken to raise awareness and promote the protection of the
practices, it would appear that greater funds and attention have been spent in banning practices such as FGM, whereas incidents of WAP, have been somewhat ignored. This is evidently the situation in Africa, as stated within the Protocol to ACHPR on the Rights of Women in Africa, where although article 1 provides a broad definition of harmful practices, article 5, which deals specifically with the elimination of harmful practices, makes specific reference to FGM only. This lack of acknowledgement of WAP is surprising in a continent, which is plagued with allegations of witchcraft abuse, not only against women, but also against children and persons with albinism, and, is the only country in the world that has witch camps exclusively for those people accused of witchcraft. Lack of acknowledgement of the situation of WAP within all four states is astonishing, particularly India’s reference to the ‘localised nature’ of witch-hunts, bearing in mind that this is a country where WAP is possibly at its most prevalent. There appears to be little awareness, or perhaps ignorance, both nationally and internationally at the potential scale of the human rights violations caused by WAP and the emergence of WAP as one of the worst forms of discriminatory social practices. This, together with a lack of state compliance, poor implementation and inadequate punishment for failure to adhere to their legal obligations, means that international human rights are failing victims of WAP. There needs to be a greater understanding and acknowledgment of the issue of WAP, throughout the international community. Whilst there has been progress, in terms of the Human Rights Council recognising the use of WAP against persons with albinism, there needs to be greater recognition of the use of WAP, specifically against women. It has already been acknowledged by the CSW that WAP is a gender issue. The international community needs to engage in constructive dialogue with stakeholders on a wider scale, such as NGOs, victims of abuse, academics, governments and UN representatives, in order to produce greater research into the scale and pervasiveness of WAP, establish the true scale of the problem before, ultimately, providing tangible solutions in tackling the issue of WAP. As this chapter has discussed the issue of traditional harmful practices and WAP as violations of human rights on an international level, it becomes necessary to examine these issues and the protection afforded to women on a domestic level. This will be examined in the subsequent chapter.
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