Collaboration between the PI Professor Charlotte Baker (Lancaster), the CI Professor Miranda Forsyth (ANU), Ikponwosa Ero (former UN Independent Expert on Albinism), Gary Foxcroft (Director of the Witchcraft and Human Rights Information Network), Kirsty Brimelow KC, and other stakeholders led to the passing of UN Resolution A/HRC/47/8 on the Elimination of Harmful Practices related to Accusations of Witchcraft and Ritual Attacks in July 2021.
The African Union has since developed Guidelines on Accusations of Witchcraft and Ritual Attacks (March 2023), the UN Human Rights Council has produced a thematic report on the issue (A/HRC/52/47), and early signs of implementation include a review of the Witchcraft Suppression Act by the South African Law Commission in June 2022 and the passing of a bill to criminalise witchcraft in Ghana in July 2023.
Resolution 47/8 urges “States to take all measures necessary to ensure the elimination of harmful practices amounting to human rights violations related to accusations of witchcraft and ritual attacks, and to ensure accountability and the effective protection of all persons, particularly persons in vulnerable situations.” Some states have sought to address this recommendation through the enactment of legislation. Yet, at present, very little is known about what types of legislation have been enacted, and which are being effectively used to protect victims and bring perpetrators to justice.
This project will undertake a review of the different forms of legislation (criminal and civil) being used in countries around the world and will also collate the publicly available case decisions from jurisdictions that have high incidences of witchcraft accusations to determine the extent to which the laws are being implemented in practice.
The project is funded by the Lancaster University Quality of Research Policy Fund.
How do states respond to accusations of harmful practices related to witchcraft and ritual attacks? Our report explores the role of legislation, highlights key findings, and makes a series of recommendations.
15 countries have laws that deal with harmful witchcraft accusations. 2 countries have proposed bills containing provisions addressing witchcraft accusation. Some laws apply to the whole country, while some only apply in certain states.
The laws in different countries vary in scope and language. Commonly prohibited actions include making witchcraft accusations, encouraging others to do so, and inflicting physical or mental harm because of a belief in witchcraft. Definitions of terms like 'witchcraft' and 'sorcery' also differ significantly between laws.
Some countries focus on protecting children. For example, two states in Nigeria passed laws in 2008 and 2023 to ban calling children witches. Similarly, in the Democratic Republic of Congo, a 2009 law criminalizes accusing children of witchcraft.
Some laws also target people who scare others or profit from witchcraft beliefs, like fortune tellers or self-proclaimed “witch doctors.”
Some Indian states have laws addressing ritual attacks, while the African Court has urged Tanzania to reform its witchcraft laws in order to protect people with albinism from ritual attacks. Uganda has already taken similar action with its 2021 Human Sacrifice Act.
Many of these laws are not used often. This shows passing a law is not enough to stop the problem.
In many countries, general criminal laws are used instead of specific laws about witchcraft accusations. Sometimes both are used, which is important for acknowledging and documenting the nature of the crime. It helps show the true nature of the crime, supports better tracking and policy changes, which is often hindered by broad legal categorization.
In some cases, people have been sentenced to death for violence linked to witchcraft accusations. However, the International Network Against Accusations of Witchcraft and Ritual Attacks (INAWARA), opposes the death penalty and supports more humane, rehabilitative responses.
Some countries treat belief in witchcraft as a mitigating factor during sentencing.
In some countries, governments are prosecuting the people accused of witchcraft instead of addressing the violence related to witchcraft accusations. Some countries have legislation with provisions that criminalize acts of witchcraft and the use of ‘supernatural powers’, ‘magic’, or ‘black magic’.
