The Malawi Human Rights Commission (the Commission), has noted with great concern the brutal killing of four elderly people on 25th January, 2016, in Chimbalanga Village, Traditional Authority Dambe in Neno District, on allegations relating to witchcraft. The four were killed as a result of retaliation by concerned community members on suspicion that they killed a 17 year old girl through lightning.
Condemnation of the Killings
The Commission condemns in the strongest terms the brutal acts of the killing of the four innocent and elderly people. This display of such cold-hearted behavior cannot be condoned in a democratic dispensation as it violates the fundamental right to life as provided for in the Constitution of the Republic of Malawi, (the Constitution). Section 16 of the Constitution states that every person has the right to life and the arbitrary deprivation of life is proscribed. The right to life is also protected under international human rights law, including in the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples Rights to which Malawi is a party. The right to life is sacrosanct, and is to be respected at all times. Therefore, the action by the mob is unlawful and amounts to criminal conduct. The Commission further notes that these brutal acts are an affront to human rights and a great attack on the inalienable and inviolable right to human dignity which is the bedrock of all other rights.
Preliminary Findings of the Commissions Investigations and a call for Police Action
Through preliminary investigations, the Commission has confirmed with Neno Police that the four deceased elderly persons namely: Byson Kanjete, 76 years; Elenefa Kanjete, 86 years; Eliza Enosi, 76 years and Edith Julius, 69 years were killed in the afternoon of Monday, 25th January, 2016 by the mob. The deceased persons were related and the girl they were alleged to have killed was their granddaughter. The girl died around 12 oclock pm on Monday, 25th January, 2016, after being struck by a lightening. The father of the deceased girl alerted the Police of his daughters death, however by the time the police arrived on the scene, the mob had already killed the four. The Police could not make immediate arrests as they needed to investigate further. Preliminary information indicates that the actions of the mob were instigated by some family relations close to the deceased girl within the village.
The Commission commends the Police in Neno for instituting full scale investigations into the matter in order to identify and arrest the perpetrators. The Commission observes that unless the law takes its course on instigators of such practices, more lives of innocent people, including the elderly, will continue to be at risk. The Commission is urging the Police to robustly pursue this matter in order to ensure that the culprits are identified and dealt with in accordance with the law.
Witchcraft and the Law
The Commission is reminding members of the general public that under section 4 of the Witchcraft Act, any person who accuses another of being a witch or a wizard or of practicing witchcraft commits a criminal offence. In addition, the Act under section 3 prohibits instigation, act of conspiring or agreeing to hold trial by ordeal. Subsection (3) indicates that any person who is present at or takes any part. in any trial by ordeal shall be punishable by law. The Commission wishes to advise members of the general public that it is unlawful to allege witchcraft let alone to kill or injure any person or damage his property on allegations that s/he is practicing witchcraft.
Safeguarding the Rights of the Elderly
The Commission further notes with concern `a growing trend of targeting of elderly persons on witchcraft allegations by reason only of their age. Thus, for this reason among others, elderly persons constitute one of the vulnerable categories whose human rights require special protection. It is a fundamental dictate of human rights that all human beings are born free and equal in dignity and rights. The elderly have the same rights as everyone else. The death of the four elderly persons in Neno is a regrettable incident which shakes the very foundation of humanity. It is therefore, a collective responsibility of all Malawians to act in accordance with the law and not to subject any person, including elderly persons, to inhuman and degrading treatment which consequently leads to loss of live. Government is called upon to intensify its efforts relating to the protection of the human rights of the elderly in a holistic manner, including addressing developmental needs, advancing their health and well-being, and ensuring enabling, supportive and protective environments.
Proliferation of Vigilantism and Mob Justice
The Commission further notes, with concern, the proliferation of vigilantism and the growing use of mob justice in resolving legal disputes in Malawi. Through its human rights monitoring activities, the Commission has established that between December 2015 to date, there have been several separate incidents of mob justice, including: the incident of 3rd December, 2015 where the Police rescued a theft suspect subjection to mob justice by vendors in Limbe; the incident of 4th December, 2015 whereby a woman in Phalombe was torched to death on suspicion that she had killed her husband; the incident of 17th December, 2016 whereby a suspect escaped from mob justice in Lilongwe District; the incident of 26th December, 2015, whereby angry villagers torched a theft suspect to death in Mulanje District; the recent Neno incident; and the most recent incident in Blantyre District on 27th December, 2017 where a mob has killed an escaping prisoner.
These trends point towards a growing culture of vigilantism and mob justice, whereby people resort to taking the law into their own hands. This practice breaches various lawful mechanisms for dispute settlement and the handling of persons deemed to be in conflict with the law or suspected of the commission of a crime. These trends have the potential of pushing the country into lawlessness. The Commission is, therefore, calling on all Malawians to desist from mob justice against persons suspected to be practicing witch craft, or under any other circumstances whatsoever. All instances relating to suspicion of commission of a crime should be reported to the Police or other relevant authorities.
The Commission is also calling upon all law enforcement agencies to handle legal disputes, both criminal and civil expeditiously and impartially in order to retain public confidence and trust. Notably, the Police have the mandate to ensure public safety by protecting the rights of all persons in Malawi through, prevention, investigation and detection of crime; apprehension and prosecution of offenders; preservation of law and order; protection of life, property, observance of fundamental freedoms and rights of individuals and the due enforcement of all laws. Government through relevant authorities should ensure that the proliferation of vigilante justice is stumped out decisively and urgently.
Call for Intensified Civic Education
The Commission observes that the escalation of mob justice makes imperative the intensification of the delivery of comprehensive civic education at all levels of the Malawi society to stem the tide of this evil. This intervention should include empowering communities with appropriate conflict resolution mechanisms as this could potentially diffuse the eruption of violent incidences of mob justice. We call on government, law enforcement agencies, civil society organisations, faith-based institutions and traditional leaders to work in unison to ensure delivery of transformative civic education programmes. The Ministry of Information and Civic Education should ensure broad-based awareness of the laws of Malawi which could translate into change of attitudes and practices.
Speeding up Legal Reform
While commending Government on the review of the Witch Craft Act, the Commission is urging for the expedited finalization of the review and law enactment processes in order to address some of the critical gaps in the law. The Commission recalls that the United Nations has made similar recommendations in a number of state party reporting processes. It is evident that some sections of our society register dissatisfaction with the witchcraft law. The Commission urges continued concerted efforts on the part of the relevant stakeholders to facilitate and expedite the processes of appropriate legal reform.
Signed Justin Kusamba Dzonzi, Chairperson 26th January, 2016
The UN High Commissioner for Human Rights has expressed its concern by Malawi's discontinued case against Kenneth Msonda.
Mr Msonda was subsequently charged under section 124(1)(b) of the Penal Code, which makes it a criminal offence to incite others to break the law.
He was due to appear before the Blantyre Magistrate Court today, 22 January, after a criminal case was initiated by two civil society organizations.
"The spokesperson of one of the country’s main political parties (Msonda) recently described gay and lesbian people as “worse than dogs” and called for them to be killed.
"The statements were made, earlier this month, by People’s Party spokesperson Kenneth Msonda on his personal Facebook page and repeated in media interviews.
"Regrettably, yesterday (21 January) the Director of Public Prosecutions filed a notice before the Chief Magistrate’s Court to discontinue the case, underlining that the State will not prosecute Mr Msonda," reads part of the statement signed by Spokesperson for the UN High Commissioner for Human Rights Rupert Colville.
He added, "We are concerned that the failure to prosecute this case sends a dangerous message that inciting others to kill gay people is legitimate and will be tolerated by the authorities – in effect encouraging violent threats and attacks on the gay and lesbian community in Malawi."
In May 2015, Malawi accepted a recommendation under the Human Rights Council’s Universal Periodic Review in Geneva, to “take effective measures to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) persons from violence, and prosecute the perpetrators of violent attacks.
"The Government of Malawi has a responsibility, enshrined in international human rights law, to protect all individuals from hatred and violence based on their sexual orientation and gender identity, and to hold to account anyone who either engages in such violence or incites others to do so. We urge the Government to meet its responsibilities in this regard," reads the statement.
A Malawian owned company Super Sakuwa Steel Limited has donated 1,620 iron sheets worth K7, 387 200 to 54 churches and mosques that were affected by torrential rains and winds in Mulanje Central Constituency.
The 12 feet iron sheets were presented in Lilongwe on Thursday to the constituency's Member of Parliament who also Minister of Local Government and Rural Development Kondwani Nankhumwa.
Super Sakuwa Steel Limited Sales Executive Innocent Chithonje said as a company that rely on people from all walks of life as their valued customers, it I'd bound to come in with assistance when their customer base is affected in one way or the other.
"At our company, we look at the customers as the most important visitor on our premises, they are not dependent on us but we are dependent on them. These are the people who are the purpose of our survival, they are part of the company's family and they deserve the same treatment we desire hence this donation after their MP has had asked us on their behalf," said Chithonje.
He added that their gesture of donating the iron sheets to the religious groupings was reached after noticing that government through the Department of the natural disasters normally assist the affected people at household level.
"We know that government alone cannot manage to assist everyone at all levels but we need to come in to supplement where government cannot manage to assist," he said.
On his remarks, Nankhumwa said that he thought it wise to reach out to some well wishers to come in and assist the religious groups which were affected by the rains after noticing that government is assisting people at the household level at the meantime.
"If you read the book of Haggai from verses 1-6 in the Bible you will find that God rebuked people of Israel living in comfort houses but there were no good temples, that's why God sent Haggai to lead them in building the Temple.
"Again in the book of Mathew, we read that the Lord said seek me first and whatever you want shall be given. So, you cannot seek God in a desolate place that's why I thought Wa cannot leave the home of the Lord desolate. I really thanks Super Sakuwa Steel Ltd for coming in and help the people of Mulanje central constituency," he said.
The company manufactures various roofing products in different sizes and specifications that suites the customer's needs and demands.
Among others, Super Sakuwa Steel Ltd manufactures versatile roofing materials like pre-painted or plain. IBR and Corrugated iron sheets in different gauges, top roll ridges, curved sheets and also have roofing nails.
A local Non-Governmental Organization (NGO) Family Planning Association of Malawi (FPAM) has called all stakeholders and the media for concerted efforts in narrowing the gap in addressing adolescents' sexual health and rights needs and challenges in the country.
The call was made Wednesday in Mponela, Dowa during a media workshop organized by FPAM to enable the scribes understand the project which is surrounding Sexual Reproductive Health (SRH) and HIV among adolescents.
The three month project was being funded by German government through GiZ and Malawi government through UNAIDS in six districts with a population of 1, 840 203 adolescents aged between 10 and 19 years old.
"So far, we have trained 69 young people as peer educators in each district, developed and disseminate easy to use information, education and communication materials in the initiation ceremonies and sister to sister initiation camps and other traditional ceremonies.
"Over 600 teachers on how to provide comprehensive and correct information on vulnerability and risks related to unintended pregnancy, HIV infection and pregnancy among adolescents in and out school," said Charity Kabondo, GiZ Project Coordinator working with FPAM.
She added, "We also noted that there are still a lot of issues affective adolescents field by cultural and religious beliefs and it is that resistance that we all need to come in and work hand in hand. This is the age group as a country we need to invest in and with all SRH information and services we can have a great Malawi."
The project among other things, aimed at making sure that 50 percent of adolescents in and out school in the targeted districts have correct information and relevant skills to reduce their vulnerability to HIV and 70 percent of the same group living with HIV accessing the treatment, care and quality support services in the targeted districts.
FPAM provides high quality, affordable comprehensive sexual and reproductive health information and services for young people, women and men by following a rights based approach.
