Witchcraft-Related Violence: the Role of the Anti-Witchcraft Law
Total Page:16
File Type:pdf, Size:1020Kb
Protecting Tanzanian Elderly Women Against Witchcraft-Related Violence: The Role of the Anti-Witchcraft Law A Research Paper presented by: Jamila Said Sulu (Tanzania) in partial fulfillment of the requirements for obtaining the degree of MASTER OF ARTS IN DEVELOPMENT STUDIES Major: Human Rights, Gender and Conflict Studies: Social Justice Perspective (SJP) Members of the Examining Committee: Prof. dr. Karin Arts Dr. Jeff Handmaker The Hague, The Netherlands December 2018 ii Contents List of Tables v List of Figures Error! Bookmark not defined. List of Maps Error! Bookmark not defined. List of Appendices v List of Acronyms vi Acknowledgement vii Abstract viii Relevance to Development Studies viii Keywords ix Chapter 1: Witchcraft: Meaning, context and statement of the problem 1 1.0 Introduction 1 1.1 Defining witchcraft 2 1.1.1 Witchcraft versus traditional healing 3 1.2 Witchcraft violence in Shinyanga region 3 1.3 Contextual background 4 1.3.1 Witchcraft in Europe and its criminalisation 4 1.3.2 Witchcraft criminalisation in Africa 5 1.3.3 Criminalisation of witchcraft in Tanzania 6 1.3.4 Witchcraft violence as a human rights issue and as gender-based violence 7 1.4 Statement of the research problem 8 1.5 Research Objectives 10 1.5.1 Specific Objectives 10 1.6 Research Questions 10 1.6.1 Research sub-questions 10 1.7 Organisation of the paper 10 Chapter 2: Theoretical framework and methodology 11 2.1 Introduction 11 2.2 The Feminist theory of intersectionality 11 2.2.1 Feminist scholarship on intersectionality 12 2.2.2 Criticism of intersectionality theory 13 2.2 A functionalist approach to law 13 2.2.1 Functionalism of the law 13 2.2.2 Criticism of functionalist approaches to law 15 2.3 Methodology 15 2.3.1 Data collection methods 15 2.3.2 Data analysis method 17 2.3.3 Sampling of research participants 17 iii 2.3.4 Ethical issues, positionality and reflexivity 19 2.3.5. Personal and field experience 20 2.3.5 Scope and Limitations of the Research 22 Chapter 3: Findings and analysis 23 3.1 Introduction 23 3.2 The prevalence of witchcraft belief, practice and violence in Tanzania 23 3.3 Victimisation of women as witches from the intersectionality perspective 28 6.0 Efforts made to address the problem of witchcraft violence in Tanzania 30 3.6.1 The National Ageing Policy 30 3.6.2 Establishment of the Anti-Homicide Squad within the Police 31 3.6.3 Adoption of the National Strategy to Eradicate Elderly Killings 31 3.4 The role of the Witchcraft Act Cap 18 in dealing with the problem of witchcraft 32 3.4.1 Achievement of the Witchcraft Act Cap 18 32 3.4.2 Weaknesses of the Witchcraft Act Cap 18 34 3.4.3 The difficulty of proving witchcraft 35 3.4.4 The perception of law enforcers on witchcraft and the general fear of witchcraft 36 3.4.5 Can the Witchcraft Act Cap 18 be a solution to the witchcraft problem in Tanzania? 36 Chapter 4: Conclusion 39 References 41 Appendices Error! Bookmark not defined. References Error! Bookmark not defined. Notes Error! Bookmark not defined. iv List of Tables Table 1:Profile of participants who took part in the research from 20/08/2018 to 05/09/2018. 18 Table 2:Junior police officers who participated in the Focus Group Discussion, and their ranks. 18 Table 3:Cases Recorded by the Central Police Station in Shinyanga region concerning witchcraft-related murders from 2010 to July 2018 24 Table 4:Murder cases handled by the National Prosecution Office, Shinyanga Zonal Office. 27 List of Appendices Appendix 1 Map of Tanzania indicating Shinyanga regionError! Bookmark not defined. v List of Acronyms CEDAW Committee on the Elimination of all forms of Discrimination Against Women CSO Civil Society Organisation FDG Focus Group Discussion GBV Gender Based Violence HRC Human Rights Council ISS International Institute of Social Studies LHRC Legal and Human Rights Centre LRCT Law Reform Commission of Tanzania MHCDGEC Ministry of Health, Community Development, Elderly and Children NGO Non-Governmental Organisation NPO National Prosecution Office NSEEK National Strategy to Eradicate Elderly Killings OHCHR Office of the High Commissioner for Human Rights (UN) SDGs Sustainable Development Goals TAWLAE Tanzania Women in Leadership, Agriculture and the Environment TV Television UN United Nations US United States vi Acknowledgement First and foremost, I would like to express my heartfelt gratitude to my learned Supervisor, Prof. Karin Arts and my learned Second Reader, Dr. Jeff Handmaker for their intellectual support, professionalism, patience, understanding, resilience, encouragement and the very valuable insights they provided in every stage of the process of writing this thesis. Their comments and criticism heavily enriched the final product of this thesis. I recognise their support in all its forms. I highly appreciate the logistical support of Inspector Jacob from the Tanzania Police Force Headquarters, Mr. Ulindula from the Judiciary of Tanzania, and Ms. Ester Cheyo from the National Prosecution Office for facilitating my access to the field for data collec- tion. I also acknowledge the support of Mr. Joseph Mbasha from Help Age International Tanzania Office, and Madam Nko from TAWLAE in Shinyanga for facilitating my field work. I sincerely thank my parents, and my children Gody, Queen, Ottie and Faith for their unconditional love, support and understanding throughout the period of my studies in the Netherlands. I also salute the late Adam Biron Subi Onyango. May he rest in great heavenly peace. Finally, I would like to offer my special thanks to Mr Design Chimwaradze (Zimba- bwe), Ms. Melina Borrero Cruz (Ecuador), and my learned friend Ms Ubby Obot (Nigeria) for their inputs to enrich my thesis. May God bless you all! vii Abstract This research explored the role of the Witchcraft Act Cap 18 of laws of Tanzania in dealing with the problem of witchcraft. In particular, it interrogated how the law protects elderly women in Shinyanga region (Sukumaland) who are accused of witchcraft and exposed to serious violence including killing. Some of the issues considered in this research so as to facilitate the production of knowledge regarding the problem of witchcraft violence in Tanzania include the victimisation process of elderly women as witches, and the perfor- mance of the Witchcraft Act Cap 18 efforts in dealing with the problem of witchcraft vio- lence. This research took the socio-legal form, combining social and legal aspects in explor- ing the problem of witchcraft violence. Socially, the intersecting factors of gender, age, and socio-economic conditions of poverty contribute to making elderly women the victims of witchcraft accusation and kill- ing. A high belief in witchcraft within the Sukuma ethnic group and the proliferation of witchdoctors’ services to detect witches is at the centre of violence against elderly women. Witchdoctors in most cases detect women as witches in case of a severe illness or death in the family or neighbourhood. Further, it was revealed that elderly women in Sukumaland are targeted because witchcraft is inherited along the matrilineal line from mother to daughter whereas men only inherit traditional healing knowledge (as witchdoctors) from ancestors. This notion has perpetrated witchcraft-related violence and killing of elderly women, with the perpetrators (witchdoctors and hired killers) often enjoying impunity. From the legal point of view, gaps in the Witchcraft Act Cap 18 such as the lack of a clear definition of witchcraft and a difficulty in proving witchcraft in court, diminishes the role of this law in dealing with the problem of witchcraft. Opinion is divided among the law enforcers who participated in this research on the validity of witchcraft law given its limited functioning. I therefore argue that it is debatable whether Witchcraft Act Cap 18 is (still) useful in eliminating witchcraft-related violence. Relevance to Development Studies Witchcraft killings of elderly women are a gendered phenomenon and a form of Gender- Based Violence (GBV) which is reinforced by patriarchy system. Witchcraft violence and killings are also a grave violation of fundamental human rights which violate the right to life, and the freedom from torture, liberty and security of person, and is a form of discrimi- nation against women. Development studies seek to analyse and challenge such culture- based oppression, normativity, and violation of domestic and international human rights law. Furthermore, investigating witchcraft-related violence as GBV is relevant to the global development agenda namely the Sustainable Development Goals (SDGs), particularly Goal 5 which seeks to eliminate all forms of violence against women. This research employed the feminist theory of intersectionality and a functionalist ap- proach to law as analytical frameworks to analyse the witchcraft phenomenon and gender- based violence against elderly women from the social and legal perspectives. These frame- works are useful since they will assist in producing empirical knowledge based on a socio- legal approach to analysing complex social problems such as witchcraft practice and vio- lence. viii Keywords Witchcraft, violence against women, elderly women, anti-witchcraft law, Tanzania. ix Chapter 1: Witchcraft: Meaning, context and statement of the problem 1.0 Introduction Witchcraft belief is widespread in different parts of the world and has defied modernity in many senses, ranging from advancement in science and technology, education, to economic development (Harnischfeger 2000:101; Harris 1974:213; Leistner 2014:68; Cimpric 2010:37). Tanzania is one of the few remaining countries in the world which have a specific law that criminalises and punishes witchcraft practice. Research done by the Law Reform Commission of Tanzania (LRCT) indicates that witchcraft is believed and practiced in the country not only by uneducated people but also by educated ones (LRCT 1994:27).