Tuesday, March 19, 2013

Sorcery-Related Violence is Criminal

By Patrick Karabuspalau Kaiku in Sharp Talk (Files)
February 15, 2013

In the last fortnight, the horrific circumstances surrounding the death of Kepari Leniata in Mt. Hagen shocked the nation, indeed the world. Related news items made headlines in the major media outlets around the world. Accused of practicing sorcery, the late Kepari Leniata was tortured in broad daylight. Onlookers witnessed the last dehumanizing moments in the life of this young mother. Kepari’s murderers, in this apparent act of wilful murder are being rounded up to face the full force of the law.

Unfortunately, this is not the first of such incidences, and probably not the last. In February 2008, it was reported that a pregnant mother who was blamed for sorcery was hanged to die alongside her husband. She prematurely gave birth when struggling to free herself. This is just one of the many reported cases. The gruesome nature of pay-back killing relating to sorcery in PNG and the frequency of these incidences must be contained soon.

PNG’s history is one of trying to find consistency in the administration justice in relation to sorcery-related cases as a law and order issue. Earlier on the Administrator of the Territory of Papua, Sir Hubert Murray, stated that eliminating sorcery beliefs would minimise serious crimes. Pay-back killing was one of those serious crimes. In Sir Hubert’s time, the fear of sorcery was also blamed for inhibiting socio-economic progress in Papua.

Currently, media and witnesses have reported accounts of brutal punishments meted out on suspected sorcery practitioners. Family members or blood relatives of alleged sorcerers are unable to speak out against the violence in fear of their lives and safety. Anyone condemning anti-sorcery vigilantes may be branded as accomplices or knowing the agents of sorcery.

Unfortunate victims have no established venue where justice can be impartially administered. Faced with this dilemma, some policy makers have proposed that sorcery-related issues be dealt with under its own court administration.

In situations where defenceless victims are under duress to confess their roles in suspected cases of sorcery-related deaths, they will not have the opportunity in an impartial forum. In most cases, these horrendous pay-back killings are enforced by large groups of men whose immediate aim is to dehumanise the victims. This serves as a deterrent to aspiring sorcery practitioners. Given the geographical remoteness of some parts of PNG, information on sorcery-related killings and punishments does not reach the media or appropriate law-enforcement agencies quickly. Also, barbaric acts are not usually reported formally.

The frequency of the incidences of these “sorcery purges” has become a trend in some parts of PNG. Someone stated that every year, some 500 people are killed on suspicions of practising sorcery. And out of six victims, five are women.

Women who fall victim to accusations of practising sorcery are mercilessly punished. A former government minister stated that helpless women are burnt at the stake, stoned, raped, axed, buried alive, electrocuted, forced to drink petrol, or dragged behind vehicles.

What is sorcery?

Sorcery is used interchangeably with terms such as witchcraft, “black magic”, “sanguma” or “poisin”. The Sorcery Act 1976 provides a distinction between “white” magic as opposed to “black” magic. Black magic is the category that is associated with bad luck.

In the early colonial period, sorcery was classified as constituting part of the custom of the people of the colonial territories. Custom meant “the range of indigenous social behaviour considered to be significantly at variance with Anglo-Australian (and, for a while in New Guinea), German norms”.

The colonisers intended to control and “civilise” the “natives”, hence, custom was defined in political overtones rather than from an anthropological and legal-historical perspective. Under the British administration, Papuans were introduced to the Native Board Regulations in 1889, which included sorcery as forbidden behaviour.

After World War I, under the Australian Administration, the Native Regulations outlawed sorcery. The punishment for alleged sorcery practitioners was six months in jail. The Australian Administration made it official that traditional customs were allowed to continue unless they were “repugnant to the principles of humanity”. Schedule 2.1 of the Constitution of PNG qualifies custom in this manner.

However, custom has been used as a defence in pay-back killings. Therefore, we are faced with the dilemma that the courts may not recognise sorcery as a fact. This has implications for sentencing in the higher courts. In The State v Osborne Kwayawako and Five Others [1985] the issue was whether sentencing the convicted persons involved in a pay-back killing constituted wilful murder?

The court was to make a judgment taking into account the belief by the men that the deceased was responsible for an unspecified number of deaths. It was held that “customary belief in the power of sorcery” is not permitted or encouraged under the Sorcery Act.

The court was not able to sentence the accused because any belief in the power of sorcery by the court would be deemed contrary to the Sorcery Act. However, the Handbook for Village Court Officials states the various categories of sorcery, which include “making” or pretending to make sorcery, threatening sorcery, procuring sorcery, owning “things that can be used to make sorcery”, and paying for sorcery. Pay-back killing is a human rights issue that is “repugnant to the principles of humanity”, and is a wilful murder offence under the Criminal Code.

Clearing the ambiguity between the Criminal Code and the Sorcery Act is a step in the right direction for sentencing pay-back killers. The prominence of the Village Court in administering sorcery-related pay-back killings can be raised, where the higher courts tread precariously on matters of evidence and legal interpretation.

Some recommendations

Beliefs in sorcery cannot be easily erased. To intervene, a proper analysis of areas in PNG that have general occurrences of pay-back killings must be undertaken. Identifying the socio-cultural context of sorcery and the settings that tolerate extreme punishments of alleged practitioners of sorcery must be a national priority.

In 2003, Dame Carol Kidu appealed to foreign aid donors to fund research into sorcery in PNG. Time, energy and resources must target the places where pay-back killings are prominent. Creating a matrix of the most vulnerable areas where pay-back killing is prone to occur can be helpful.

The state agencies such as the police or village court officials could use this information for awareness and training of local councillors in the areas identified. Also, health services in the problem areas must be improved by adequately training health workers and staffing the health centres. Community health is multidisciplinary because it involves comprehensive delivery of primary health care services at the district level, which is the front line of the health care system.

Many health facilities in the districts have closed down or been destroyed in tribal wars, face drug shortages or are inadequately staffed. Without trained medical workers to provide conclusive diagnosis of causes of death, ill-informed people may blame sorcery practitioners for the deaths. In PNG, it is common that when a person dies, the relatives or members of the community seek the cause of the death. Combating misinformation among the mostly illiterate citizens is our challenge against pay-back killings.

Also, the National Government, as it did before the 1995 provincial government reforms, could dovetail the roles of faith-based organisations and other civil society entities that are providing health services and other socio-economic opportunities in the remote areas.  Taking human rights to the community or village level should be supported.

In 2005, a Human Rights Based Approach to Programming (HRBAP) was initiated with the assistance of UNICEF. This involved incorporating human rights into village courts training and was implemented within the Village Courts Services. Perhaps training officials to deal with sorcery-related issues could also be undertaken by such programs.

A 2008 study undertaken by the Melanesian Institute argued that legislating to criminalise the practice of sorcery can have the adverse effect of reinforcing “people’s beliefs that those evil powers are real and effective” – instead of discouraging the practice and the violence that is meted out to alleged practitioners of sorcery. To prevent associated violence, perhaps hearsay accusations against sorcery practitioners should be criminalised. This would compel accusers to “look for other explanations for misfortunes than simply to accuse other peoples”. It would therefore amount to defamatory allegations against peoples if unsubstantiated accusations are being made.

PNG should now collectively address the scourge of sorcery-related violence. Our national image and the security and welfare of the most marginalized and powerless sections of our community should be at the center of such initiatives.

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