27 June 2012 -
Human Rights Council side event
In many parts of the world, older women are still persecuted and accused
of witchcraft. This harmful
traditional practice is one that often remains hidden and so we were very
pleased to see it highlighted in the Special Rapporteur’s report on
gender-based killings.
Recent media reports have highlighted the problem in
In most of these countries, belief in witchcraft is common, with people
from all sections of society sharing this belief regardless of their level of
education, socio-economic group or ethnic origin.
It is usually the most discriminated against and marginalised in society
who are accused of witchcraft because they are either least able to defend
themselves from attack and are therefore easy targets or because they are
considered of little value to society and therefore a burden to it in times of
hardship. Although older men and younger women are sometimes targeted, in many
cases, those accused are older women.
HelpAge has been working in
Reliable data on
the number of witchcraft accusations and physical attacks on older women in
These witchcraft accusations are a critical factor in the violation of women’s rights in Sukumaland, and are often generated by wider problems in the community.
For example, limited understanding of the nature, cause and transmission of HIV as well as other illnesses, such as childhood diseases, can result in the belief that a family has been “bewitched”. In cases where husbands have died, widows are often blamed, providing a pretext for relatives of the deceased to deny them the right to inherit family assets.
Allegations are often linked to personal
jealousy, and disputes between neighbours or family over land and inheritance.
To exacerbate the problem, traditional healers have often been requested by
those who have had misfortune, illness, or death in the family, to point out
whom in the community has been “bewitching” them. More often than not, the
traditional healer points to an older, vulnerable woman in the village.
Dangers of using witchcraft-specific legislation
Introducing
or reforming legislation to criminalise accusations as witchcraft is often put forward
as a solution.
However, very often witchcraft
legislation fails to prevent accusations of witchcraft and subsequent violence
against those accused. Nor does it protect those who have been accused, or
provide redress for the victims of violent crimes. Witchcraft-related laws are
rarely enforced and there are concerns around whether people are getting fair
trials or being unlawfully imprisoned under this type of legislation. HelpAge
International believes that acts of violence against people accused of
witchcraft should be prosecuted under existing criminal laws, such as assault,
theft, damage to property or murder. We also believe that community interventions that
empower older people and address the conditions that lead to accusations have
more likelihood of success than concentrating on legislative change.
However, more does need to be done to
strengthen justice systems and make them more accountable to those who seek
recourse. Police, magistrates and lawyers need to be trained.
Local-level solutions
HelpAge and local NGO partners have focused on community interventions. Village committee members have
been trained in women’s and widow’s rights, and awareness has been raised of
the harmful consequences of witchcraft allegations, misconceptions about HIV
and other illnesses. Influencing the behaviour of traditional healers and local
militia, and working with local government officials, religious leaders and the
On a practical level, local communities
can be mobilised to build houses and improve sanitation facilities for women
who have been threatened, attacked or who have simply become isolated by the
rest of the community. Making fuel-efficient stoves helps to demonstrate that
red eyes, often associated with witchcraft, are actually caused by a lifetime
of working over smoky cooking fires.
These community-based programmes have shown positive results. There has been a 99 per cent reduction in the killing of older women in the programme areas, a significant reduction in disputes over land rights, inheritance and matrimonial issues, and over 30 per cent improvements in living conditions of older women.[ii][2]
National level solutions
At a national
level killings
related to witchcraft must be investigated, prosecuted and punished as murder
by the police and judiciary. All
laws dealing with inheritance should be reviewed and revised if found
discriminatory and widows’ property-grabbing is treated as crime under existing
provisions under the criminal code.
International level solutions
Action
needs to be taken at the international level too. Violence and abuse against
older people rarely commands the same attention as a violation of human rights
as violence against younger or other groups. Data on violence against women
over the age of 49 is rarely collected and what attention there is to elder
abuse is almost exclusively confined to high income countries. More data is
needed on different forms of violence and abuse against women over 49 in low
and middle income countries.
More
attention is also needed in the international human rights system. States
Parties to CEDAW should take recommendations 37 & 38 on violence against
older women in General Recommendation No. 27 into account in their
implementation of CEDAW. The Special Rapporteur on violence against women, its
causes and consequences could prepare a report on the impact of ageing on
violence against women and the Human Rights Council could hold a half-day discussion
on the impact of ageing on violence against women.
Finally, international human rights standards
protecting older women’s freedom from violence and abuse need to be
strengthened, for example within a new convention the rights of older people, the
feasibility of which is presently being dicussed at the UN Open-ended Working
Group on Ageing. Nothing short of this will do if older women are to live
secure and dignified lives, free from the vioalnce and abuse that many of them
currently experience.
[i][1] Office of
the High Commissioner for Human Rights, Witches
in the 21st Century, http://www.ohchr.org/EN/NEWSEVENTS/Pages/Witches21stCentury.aspx, 2009 (Visited
21 June 2011)
[ii][2] HelpAge
International, Final project evaluation
TAN 133, 2007, HelpAge International, unpublished