Every year thousands of people globally are wrongly accused of witchcraft, often with fatal consequences yet, says new research, legislation designed to stamp out the barbaric practices is rarely used.
Co-authored by researchers from Lancaster University and the Australian National University, the global review found 15 countries had legislation addressing witchcraft in place. Available data from 12 of those countries revealed only nine countries had used the law to prosecute cases.
The study also found a global trend for countries to criminalise witchcraft practices actually sent out 'confusing messages' in the fight to rid the world of the accusations of witchcraft which so often leave weak and vulnerable marginalised groups, including widowed and divorced women, children and those living with disabilities and albinism, at risk of torture, mutilation, banishment and death.
Harmful practices related to accusations of witchcraft and ritual attacks are a form of extreme human rights abuse occurring across many parts of the world today
The report, ' Legislative Approaches to Addressing Harmful Practices Related To Witchcraft Accusations and Ritual Attacks: A Global Review' , is launched this evening (June 30) at Doughty Street Chambers in London.
In 2021 the UN Human Rights Council passed Resolution 47/8 to explicitly target the elimination of harmful practices related to accusations of witchcraft and ritual attacks.
As a result, some countries reviewed their legislative frameworks and introduced new laws aimed at prosecuting and preventing such harmful practices. In some countries, that included repealing older, often colonial-era, laws deemed no longer fit for purpose.
The new research examines where, how and to what extent new legislation is being used.
On a positive note, the study found:
- Fifteen countries have enacted specific legislation to address harmful practices related to accusations of witchcraft and ritual attacks.
- Many countries are using general criminal laws to prosecute harmful practices related to witchcraft accusations and ritual attacks.
- Some countries have enacted legislation designed to prevent the activities of individuals who create fear around witchcraft, such as diviners, or who exploit people's belief in witchcraft for financial gain, such as so-called 'witch doctors'.
On a negative note:
- In general, the specific legislation has not been widely used in practice to prosecute harmful practices related to witchcraft accusations and ritual attacks. This, says the report, suggests that enactment of legislation alone is not sufficient to address the problem.
- Courts (and the justice system and media) often do not reference belief in witchcraft as a feature of the case, as they are subsumed under general categories such as 'murder', making tracking of cases difficult.
- Some countries problematically continue to treat belief in witchcraft as a mitigating factor in relation to the commission of criminal offences.
And, adds the report, rather than addressing the violence and social dynamics behind harmful practices related to accusations of witchcraft and ritual attacks, some countries are actively doing the opposite and prosecuting alleged witches through state courts.
This report makes clear that the enactment of legislation and use of the criminal law can be a critical component in the fight against human rights abuses flowing from harmful practices related to accusations of witchcraft and ritual attacks.
"However, legislation is not the silver bullet many hope for," says the report. "Enacting new laws, or repealing outdated or harmful ones, is not, on its own, sufficient to bring about changes in attitudes and everyday practices."
The report advocates the development of comprehensive, victim-centric, and rights-based legal frameworks and implementation packages specifically targeting harmful practices related to accusations of witchcraft and ritual attacks.
These reforms, says the report, should include stringent punishment (excluding the death penalty), provision for rehabilitation, judicial and police training, measures for ensuring the accountability of police and local officials, and proactive educational initiatives at the community level.
"Achieving this will require both strong political commitment and adequate resourcing. Without these complementary efforts, legislation alone is unlikely to deter violence or offer real protection to those at risk, and the current cycle of impunity around witchcraft-belief related harm will likely persist."
Charlotte Baker, a Professor of French and Critical Disability Studies at Lancaster University's new School of Global Affairs and who co-authored the report and a key campaigner in the bid to get the UN Resolution passed, said: "Our report underlines the important role of legislation and criminal law in combatting human rights abuses linked to witchcraft accusations and ritual attacks.
"However, our research also shows that laws alone are not enough to change attitudes and behaviours, and so we call for a comprehensive, victim-focused legal framework to tackle this violence, which often affects the most vulnerable members of our societies."
Hosts and speakers at the launch: International human rights barrister Kirsty Brimelow KC, UN Independent Expert on Albinism Muluka-Anne Miti-Drummond, Professor Charlotte Baker, Lancaster University and Mardoche Yembi, a survivor of witchcraft accusation. Guests will include: representatives from the United Nations Human Rights Council, barristers, members of the House of Lords, MPs, APPGs, policing bodies, NGOs, charities and academics.
Kirsty Brimelow, Charlotte Baker and the former UN Independent Expert on Albinism Ikponwosa Ero were key members of the small group who successfully took the Resolution to the UN in Geneva.
Report Authors:
Miranda Forsyth is a Director of the International Network Against Witchcraft Accusations and Ritual Attacks and a professor in the School of Regulation and Global Governance at the Australian National University. Biobele Danagogo is a Research Assistant for the International Network Against Witchcraft Accusations and Ritual Attacks and a PhD student in the School of Law at Lancaster University. Charlotte Baker is a Director of the International Network Against Witchcraft Accusations and Ritual Attacks and a professor in the School of Global Affairs at Lancaster University.
