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
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