END VIOLENCE AGAINST PEOPLE WITH ALBINISM TOWARDS EFFECTIVE CRIMINAL JUSTICE FOR PEOPLE WITH ALBINISM IN MALAWI © Amnesty International In Malawi, people with albinism suffer serious violations of their human rights and risk losing their lives in attacks. 2 AMNESTY INTERNATIONAL INTRODUCTION and May 2016. In February 2018, a joint report by the Malawi Police Service and the Ministry of Justice and Violence against people with albinism Constitutional Affairs revealed that in Malawi decreased soon after the number of reported crimes had Amnesty International published its increased to 148, including 14 cases 2016 report “We are not animals to of murder and seven attempted be hunted or sold’”: Violence and murders since November 2014.1 discrimination against people with albinism. In May and June 2017, an Amnesty International delegation visited Malawi However, since the report was published and met with civil society, victims and in 2016, there was a resurgence in government officials from the Ministry attacks, with four more people with of Gender, Children, Disability and albinism being killed in Malawi since Social Welfare, Ministry of Justice and January 2017. That report recorded Constitutional Affairs, the national 69 cases involving crimes related to prosecuting authority, the Chief Justice people with albinism, comprising 18 and other members of the judiciary cases of people killed, five abducted and the police. and missing, between November 2014 This briefing is a follow-up to the 2016 report and is based on visits conducted CONTENTS in 2017 as well as follow-up interviews and desktop research. The briefing Introduction ..................................2 focuses on the current resurgence in attacks against people with albinism, Background ..................................3 stemming from an atmosphere of prejudice and a lack of understanding Attacks continue despite of the condition. The problem is official condemnation ................4 exacerbated by inadequate resources to Understanding the motives deal with crime, leading to a culture of behind the attacks .....................9 impunity. The briefing analyses the causes of recurring attacks and the What progress has government’s response, and identifies Malawi made? .........................12 gaps in the criminal justice system. Where does Malawi need It also assesses the progress made in to improve? .............................13 Malawi towards the protection of the right to life and security of people with Conclusion ..................................22 albinism. Recommendations .......................23 1. Joint Docket Tracing Exercise Report for Cases of Persons with Albinism in Malawi. This is a Joint report by the Malawi Police Service, Ministry of Justice and Constitutional Affairs. It was funded by the UNDP with technical assistance from UNICEF. TOWARDS EFFECTIVE CRIMINAL JUSTICE FOR PEOPLE WITH ALBINISM IN MALAWI 3 BACKGROUND brothers were stabbed in Nsanje in March 2017, amid several attempted abductions or killings. Cases of verbal The UN noted that from 2000 to 2013 insults, threats and robbery of graves it had received 200 reports of ritual containing the remains of persons with attacks on people with albinism across albinism have also been recorded. 15 African countries.2 Since November Women and children with albinism are 2014, however, an unprecedented particularly vulnerable to abductions wave of killings and other human rights and killings by criminal gangs because abuses including abductions and they are seen as easy targets. Accord- robberies against people with albinism ing to the UN, suspected perpetrators has swept through Malawi. Similar operating as gangs or individuals can attacks have occurred in neighboring gain up to US$75,000 for the sale of Mozambique. People are targeted for a full set of body parts.4 their body parts in the belief that they contain magical powers. The current population of people with albinism in Malawi is estimated at between 7,000 The current population and 10,000, representing a ratio of 1 in every 1800 persons.3 of people with albinism in Malawi is estimated Between June and December 2016, Malawi experienced a seven-month at between 7,000 and respite from attacks and killings, believed to be because of awareness 10,000, representing a brought by the launch of the Amnesty ratio of 1 in every 1800 report, the public condemnation of the 3 attacks by President Mutharika and persons. other senior government officials. This was broken in January 2017 when According to the UN, Madalitso Pensulo, a teenage boy with albinism, was killed in Mlonda village suspected perpetrators under the Nsabwe Traditional Authority operating as gangs or in Thyolo District. In February 2017, Mercy Zainabu Banda, a 31-year-old individuals can gain up woman with albinism was found murdered in Lilongwe with her wrist, to US$75,000 for the right breast and hair removed. Two sale of a full set of body 4 2. www.ohchr.org/EN/HRBodies/HRC/RegularSessions/.../A_HRC parts. _24_57_ENG.doc Report on Albinism, UN Office of the High Commission for Human Rights, 2013 3. Amnesty International, ‘We are not animals to be hunted or sold’: Violence and discrimination against people with albinism (Index: AFR 34/4126/2016) 4. http:/news.un.org/en/story/2016/03/525042-witchcraft-beliefs- trigger-attacks-against-people-albinism-un-expert-warns 4 AMNESTY INTERNATIONAL ATTACKS CONTINUE The courts, Human Rights Commission and the government have obligations in DESPITE OFFICIAL terms of the constitution of Malawi to CONDEMNATION provide assistance5 in the protection of human rights such as the right to life6, 7 8 The government of Malawi has obliga- dignity , equality and access to justice 9 tions under the African Charter on and remedies. Human and Peoples’ Rights, African Charter on the Rights and Welfare of Despite public condemnation of the the Child, Protocol to the African attacks by the President of Malawi Charter on Human and Peoples’ Rights and the Minister of Gender, Children, on the Rights of Women in Africa as Disability and Social Welfare in March well as the International Covenant on 2015, the violence has continued. Civil and Political Rights, to protect, promote and fulfil the right to life, Although some individuals have been dignity, personal security and safety arrested, charged and convicted, the for all people in Malawi, including majority of crimes remain unresolved vulnerable groups such as people with due to failure in the administration of albinism, and ensure equal protection justice. The charges and penalties often before the law. have not matched the gravity of the Figure 1: Summary of cases of attacks related to people with albinism in Malawi as of 26.02.1810 50 45 40 35 30 25 20 15 10 0 In Court Sent to DPP Completed Not for PWA Closed Undetected With RPO’s Office Under Investigation Discontinued by DPP With Individual P/Officer 5. Section 15 of the Constitution of Malawi 9. Section 41 of the Constitution 6. Section 16 of the Constitution 10.Joint Docket Tracing Exercise Report for Cases of Persons with 7. Section 19 of the Constitution Albinism in Malawi, Malawi Police Service and Ministry of Justice 8. Section 20 of the Constitution and Constitutional Affairs. TOWARDS EFFECTIVE CRIMINAL JUSTICE FOR PEOPLE WITH ALBINISM IN MALAWI 5 crimes, creating a climate of impunity as well as deep fear. Table of cases reported to police January 2014 to February 2018 in In a February 2018 joint report by the Malawi.11 Malawi Police and Ministry of Justice and Constitutional Affairs, the police REGION CASES CASES documented at least 148 cases in four REPORTED CONCLUDED provinces of Malawi. The most preva- Northern 8 3 lent offence was the desecration of graves of people with albinism. Most Central 39 5 such crimes are committed during the Eastern 49 22 night and witnesses are hard to find, Southern 52 14 resulting in a low rate of prosecution. TOTAL 148 44 Police figures indicate that around 10 cases of intimidation, kidnapping and abductions have been concluded since 2015. In cases involving possession Amnesty International has since and selling of body parts of people with confirmed through information from the albinism, around 16 cases have been Malawi Police Service and the Director concluded since 2015. Those involving of Public Prosecutions (DPP) that the the killing or attempted murder of total number of unresolved murder and people with albinism remain unresolved, attempted murder cases stands at 21 mainly due to inadequacies in the as of February 2018. administration of justice. Other offences committed against people with albinism include armed robberies, assaults with Statistics show that intent to cause grievous bodily harm, and conspiracy to kidnap and sell the rate at which cases children. are concluded is slow The statistics in the table above show compared to other crimes that the rate at which cases are investigations: only 30% concluded is slow compared to other crimes investigations: only 30% out of out of 148 cases reported. 148 cases reported. By February 2018, the police had not finalized investiga- tions in 45 cases, whilst 21 murder cases had been submitted to the DPP’s office.12 The police had failed to resolve 11. Joint Docket Tracing Exercise Report for Cases of Persons with Albinism in Malawi, Malawi Police Service and Ministry of 14 cases and 44 cases had been Justice and Constitutional Affairs completed as of February 2018.13 12. Joint Docket Tracing Exercise Report for Cases of Persons with Albinism in Malawi, Malawi Police Service and Ministry of Justice and Constitutional Affairs 13. Joint Docket Tracing Exercise Report for Cases of Persons with Albinism in Malawi, Malawi Police Service and Ministry of Justice and Constitutional Affairs 6 AMNESTY INTERNATIONAL Despite some successful prosecutions District, Southern Malawi, near the outlined above, abductions, disappear- border with Mozambique. His body was ances and murders have continued. found buried in a shallow grave on 1 On 7 December 2017, a family in April after suspects confessed to the Phalira, Thambani District, woke to murder leading to the arrest of seven discover that their two-year-old daugh- people.