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List of UN Human Rights Council Session 29 Reports: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session29/Pages/ListReports.aspx
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PAPUA NEW GUINEA – REPORT OF UN SPECIAL RAPPORTEUR ON
EXTRAJUDICIAL EXECUTIONS
VIOLENCE RELATED TO SORCERY & WITCHCRAFT ACCUSATIONS
– WOMEN - DOMESTIC VIOLENCE +
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United Nations |
A/HRC/29/37/Add.1 |
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General Assembly |
Distr.:
General 30
March 2015 Original:
English |
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Human
Rights Council
Twenty ninth session
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report
of the Special Rapporteur on extrajudicial, summary or arbitrary
executions, Christof Heyns
Addendum
Mission to Papua New Guinea (3 to 14 March 2014)*
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VII. Killings by non-State actors
A. Violence related to sorcery and witchcraft
accusations
1.
Violence
related to accusations of sorcery and witchcraft is a widespread problem in
many parts of Papua New Guinea. In some instances, when a person dies
(generally of unexplained causes or prematurely), someone is accused of having
caused the death by witchcraft and is attacked by community members as
“payback”.
2.
The
reality of the terror, pain and suffering and social disruption caused by
accusations of sorcery and witchcraft is only fully understood when one is
confronted with the family of victims and the survivors who carry the scars of
the attacks. The identification of individuals as witches or sorcerers is
arbitrary and subjective. According to many people interviewed, the accusation
may be motivated by considerations such as jealousy or greed (e.g. wanting the
property of the accused person); aimed against those who do not fully fit in
(e.g. not showing enough grief when someone dies); or intended to get rid of
outsiders, the elderly and the marginalized, often women. It is a vicious
practice with no place in today’s human rights era.
3.
The
Special Rapporteur was informed that, on more than one occasion, the police had
been reluctant to intervene as they, themselves, were members of the community
and might face retributive attacks or were afraid of the alleged sorcery or
witchcraft tool. In some cases, police officers stated that they lacked the
manpower to intervene against large crowds. Sorcery-related killings are
generally carried out by a group of people. In the rare cases where
perpetrators have been apprehended, it was often only those involved in the
actual killing that were charged, not the instigators of the violence, although
the law is flexible enough to prosecute instigators.
4.
The
law may offer some relief to persons accused of sorcery and witchcraft. The
Special Rapporteur learned that the Office of the Public Solicitor had helped
four (elderly) people to bring civil defamation suits in similar cases. One
magistrate stated that she had referred to section 7 of the Summary Offences
Act, 1977, which prohibits the use of “threatening, abusive or insulting
words”, in, for instance, cases where a person has called another a sanguma
(witch or sorcerer). That would result in a fine and/or compensation.
While such cases are exceptions, they do provide a starting point.
5.
The
repeal of the Sorcery Act, 1971, was a positive development. Section 16 of the
Act allowed for sorcery as provocation to be raised as a defence in cases of
sorcery-related murder, for example, that the deceased was a sorcerer who
provoked the murder, and if that were proven, the accused might be found guilty
of a lesser offence.[1]
6.
While
views differ in the legal profession, a senior judge informed the Special
Rapporteur that, nowadays, in most cases of sorcery-related killings, the
motive is seen as an aggravating circumstance. That appears to be a sensible
approach.
7.
The
Government has taken other steps to address sorcery-related violence, including
in particular the process led by the Department of Justice and Attorney General
to develop a multi-sectoral national action plan on sorcery and witchcraft accusation-related
violence, through consultation with a wide range of governmental and
non-governmental stakeholders. If formally adopted and implemented, the action
plan would make an important contribution towards eradicating the violence
associated with belief in sorcery and witchcraft.
B. Killings resulting from tribal fighting
8.
Traditionally, tribal violence occurred in the villages. However, today,
it has found its way into the cities as well. Fights between members of
different tribes occur regularly and may be triggered for a variety of reasons,
including sorcery and witchcraft, land and territory-related issues, jealousy
and inequality.
Payback violence is regularly cited as being linked to tribal disputes.
9.
Tribal
violence has become increasingly violent over the years as individuals have
greater access to firearms.
10.
The
Inter-group Fighting Act, 1977, prohibits certain conduct related to
inter-tribal fighting with a view to eradicating this problem; the mere fact of
taking part in inter-tribal fighting is an offence. Section 11 (2) of the Act
provides for a punishment of between three and six years imprisonment, where a
person has taken part in inter-tribal fighting that has resulted in death.
However, that provision does not absolve a person from any other offence that
he or she may be guilty of in terms of another law (see section 11 (3).
Furthermore, in terms of section 11 (3A), where, after an inquiry, a Court
determines that an individual is a principal offender or a leader of the fight
that results in death, he or she shall be liable to imprisonment for a term of
20 to 30 years. While in some cases, individuals involved in tribal fighting
have been prosecuted, problems often arise in relation to securing witnesses to
support the prosecution, as many people fear that they will be subjected to
payback if they testify.
11.
Tribal
disputes are often brought before the village courts, rather than the higher
level courts. In Goroka, a Peace Park — a large open space — has been
established, where the magistrates of the Village Court, the tribal groups
involved, the police and other interested parties meet to mediate problems and
reach a settlement. Generally, a cash payment of is offered as compensation to
resolve the dispute. However, it may happen that the communities are not
satisfied with the financial compensation offered, which could give rise to
renewed fighting. In addition, Village Court mediations could foster impunity
if the tribal fight involved crimes such as killing or rape and serious
physical injury.
C. Domestic violence
12.
Domestic
violence and rape are widespread and serious concerns in Papua New Guinea.
Although they do not always result in death, the threat thereof remains.
13.
The
Government has taken some positive steps to address violence against women,
including involvement in initiatives to highlight the issues relating to
gender-based violence and, notably, the passing of the Family Protection Act in
September 2013, which criminalizes domestic violence.
14.
The
Special Rapporteur considers that much more education about and awareness of
domestic violence is needed and that the Family Protection Act must be enforced
as a matter of priority. School curricula should include positive values, for example,
in life skills courses. In the context of sorcery-related killings, education
could take the form of ensuring that proper medical explanations are given to
the aggrieved relatives of those who were killed. That could go a long way in
curbing accusations that sorcery played a role in the deaths.
15.
The
Special Rapporteur emphasizes that strengthening the police would help to
ensure that perpetrators are held accountable and would reduce recourse to acts
of vigilantism.
XIII.
Recommendations
A. To the Government of Papua New Guinea
1. In collaboration with other
stakeholders, a focused, realistic human rights strategy should be developed.
2. The adoption and implementation of
the National action plan on sorcery and witchcraft accusation-related violence
should be fully supported by an holistic approach that draws on various
sectors. A national awareness-raising and education campaign, involving
high-level representatives of the Government, churches, the education system,
as well as prosecutors and public solicitors, members of the village courts and
the media should be embarked upon………