A/HRC/34/59
68.
The repeal of the Sorcery Act followed a nationwide consultation and review by the
Constitutional Law Reform Commission. The Commission found that the law, although
rarely used, contained various contradictions and inconsistencies, and was difficult to
enforce. The Commission also found that the Act used ambiguous terminology. For
example, it referred to the difference between “innocent” and “forbidden” sorcery, but did
not clearly specify what those acts constituted. The Commission also reflected on the
technical difficulty of identifying the consequences of sorcery in a court procedure and on
linking sorcery to a given consequence, as it was practically impossible to provide evidence
that would prove its use. Further, the Commission found that the Act focused principally on
the sorcerer as the perpetrator and did not adequately address violence perpetrated against
persons accused of sorcery or of being a sorcerer. The Commission also found that the
existence of the Act itself could perpetuate belief in sorcery as a means of harming or
killing another person. Finally, the Commission found that sorcery as such was not a matter
falling under the jurisdiction of courts and tribunals, but was to be dealt with by religious
and spiritual leaders. However, any violence related to witchcraft, including murders and
attacks, was a criminal offence that should be treated as such by the courts and tribunals
(see A/HRC/23/49/Add.2, paras. 64-66).
69.
It is likely that similar laws, including those inherited from the colonial era, when
examined in the light of the principles of human rights, including the rule of law and the
right to a fair trial, would lead to outcomes similar to the ones prescribed by the
Commission. They include repealing outdated legislation on witchcraft, while emphasizing
the necessity of sanctioning persons who accuse others of witchcraft; making it generally
known that harmful practices related to witchcraft would be prosecuted; and ensuring that
mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to
feature prominently on the radar of human rights mechanisms, the initiation of a systemwide approach, beginning with a scaled-up version of the exercise conducted in Papua New
Guinea, including an exercise in definition, is timely.
Regulating traditional medicine
70.
In certain countries, organizations of traditional healers have established oversight
systems to control the practice of their members. This is the case in Mozambique, where
oversight takes the form of voluntary registration in the association of traditional healers.
71.
However, these efforts provide only limited control owing to several factors. First is
the absence of a normative framework and legislative clarity on the difference between
traditional medicine and witchcraft. This ambiguity is being abused by criminals posing as
traditional healers, but also by genuine traditional healers who go beyond using herbs and
animal body parts to using body parts of persons with albinism to attract a higher price for
their services.
72.
Second are the inherent limits of self-regulation, weak law enforcement and the
absence of a far-reaching oversight mechanism for both urban and rural areas. Further, selfregulation by organizations of traditional healers have done little to prevent purported
practitioners of traditional medicine from establishing themselves on their own, with no
oversight at all. Weak enforcement of government licensing systems has also led to similar
situations.
73.
WHO, in its study on the legal status of traditional medicine, details the status of
traditional medicine in 123 countries around the world, showing the diverse approaches
taken by States with respect to the practice. In sub-Saharan Africa, some States recognize
traditional medicine as part of the national health system while others are silent on the
issue. There are also variations between States in the level of regulation of traditional
medicine practitioners. Some countries have established registers of practitioners, or
exercise control by issuing government licences at the central level; in others, local officials
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