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1 NARRATIVE REPORT Submitted to DISABLED WOMEN IN AFRICA (DIWA) Submitted by WOMEN AND LAW IN SOUTHERN AFRICA RESEARCH AND EDUCATIONAL TRUST Name of lead Consultant: Mzati-Kidney Mbeko (LLB (Hons), Post Grad. Dip. Gender, Bed, (Gender Expert, Educator, Legal Practitioner and Qualitative Studies Expert) +265 888 383 486 [email protected]

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Page 1: NARRATIVE REPORT Submitted to DISABLED WOMEN IN ...During the night of January 21, 2015, a 9 year old girl with albinism by the name of Ida Thomas was attacked in Chalela Village,

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NARRATIVE REPORT

Submitted to

DISABLED WOMEN IN AFRICA (DIWA)

Submitted by

WOMEN AND LAW IN SOUTHERN AFRICA RESEARCH AND EDUCATIONAL TRUST

Name of lead Consultant: Mzati-Kidney Mbeko (LLB (Hons), Post Grad. Dip. Gender, Bed,

(Gender Expert, Educator, Legal Practitioner and Qualitative Studies Expert)

+265 888 383 486

[email protected]

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Table of Contents

Acknowledgments .............................................................................................................................................. 3

LIST OF ACRONYMS ................................................................................................................................................ 4

1 Introduction.......................................................................................................................................................... 5

1.1 Opening Statement ................................................................................................................................... 5

2 Key Findings ....................................................................................................................................................... 6

2.1 Prevalence of Albino Killings, Abduction or Exhumation of Albino Bones in Malawi ...................... 6

2.2 Causes of Albino Killings, Abduction and Exhumation of Albino Graves for Bones ...................... 17

2.3 Impacts or Effects of Albino Killing, Abduction and Bone Exhumation ........................................... 19

3 Efforts and Interventions Being Done to Curb Killing and Abduction of Persons with Albinism ........... 19

3.1 Government Efforts and Response ...................................................................................................... 20

3.2 Assigning Special Senior Police and Judiciary Personnel to Handle Albinism Related Cases ... 20

3.3 Presidential Announcements Condemning Albino Killings and Abductions ................................... 20

3.4 Community Visits by Senior Government Officials to the Affected Areas ....................................... 20

3.5 Efforts by Civil Society Organisations .................................................................................................. 21

3.6 Efforts by Community Members and PWA .......................................................................................... 21

4 Key Issues, Lessons and Recommendations .............................................................................................. 23

4.1 Key Issues and Lessons ............................................................................................................................... 23

5 Recommendations .............................................................................................................................................. 25

6 Limitations of the Study ................................................................................................................................... 25

7 Annex 1: Data Collection Tools Used ........................................................................................................... 26

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Acknowledgments

The research team is very grateful to Disabled Women in Africa for trusting us to undertake this

very noble exercise. We thank board members, management and entire staff at DIWA for the

unceasing support throughout the assignment. We feel duty bound to say special mention to all

individuals who spared their valuable time taking part in this research. Special mention goes the

Assistant Registrar of High Court in Zomba Her Worship Kayira for granting us an interview

even with no prior bookings. Our heartfelt gratitude should also go to Senior Chief Kawinga of

Machinga, Assistant Commissioner of Police Lungu of regional Police Head Quarters in Zomba,

Margret Chikopa of Machinga, the Officer in Charge-Zomba Prison, Inspector Moyo of

Mangochi Police, Superintendent Mwamande of Zomba Police, Emmie Chiumia of APAM and

all survivors who accepted to be interviewed in this survey and all other individuals who

provided useful information in the research. This activity could not be successful without your

support. Thank you so much.

“This document was produced with funding from the Disability Rights Fund. Statements of fact and opinion in the

present report are those of the respective authors and contributors and not of the Disability Rights Fund. DRF does not

make any representation, express or implied, in respect of the accuracy of the material in this “report” and cannot

accept any legal responsibility or liability for any conclusions, assumptions, errors or omissions that may be made.”

Mzati-Kidney Mbeko (October, 2015)

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LIST OF ACRONYMS

ACP Assistant Commissioner of Police

APAM Association of Persons with Albinism in Malawi

DIWA Disabled Women in Africa

FEDOMA Federation of Disability Organization in Malawi

FGD Focus Group Discussion

KII Key Informant Interview

PWA Person with Albinism

WLSA Women and Law in Southern Africa Research and Education Trust

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1 Introduction

1.1 Opening Statement

This report makes an account of a brief documentation of albino killing in Malawi-a survey that

was conducted by WLSA Malawi on behalf of the Disabled Women in Africa (DIWA). The

activity followed a successful acceptance of a consultancy proposal which WLSA Malawi

submitted to DIWA. In the proposal, WLSA Malawi undertook to conduct an evidence based

documentation of the impact of Albino killings in Malawi. The survey was planned to be

conducted in Mangochi, Machinga and Zomba districts. The survey used Key Informant

Interviews (KII) as the main instrument for data collection. KIIs were conducted with the

Association of Persons with Albinism in Malawi (APAM), Disabled Women in Africa (DIWA),

Person with Albinism (PWA), Judiciary, Police, Care givers of PWA, Convicts of Albino killing

related cases, Traditional leaders and the prison. A total of 13 KIIs were conducted 4 in

Machinga, 4 in Mangochi and 5 in Zomba. Focus Group Discussions (FGDs) were also

conducted particularly in Mangochi and Machinga. Participatory tools such as problem trees

were used during Focus Group Discussion. Both FGDs and KIIs were structured in a format that

facilitated capturing of information in three themes and these are: A) Prevalence of albino

killings in Malawi, B) root causes of albino killings in Malawi and C) Impact of albino killings in

Malawi. Efforts were also made to examine and analyze available efforts in eradicating albino

killings in the country. This report will therefore present information in that order.

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2 Key Findings

2.1 Prevalence of Albino Killings, Abduction or Exhumation of Albino Bones in Malawi

Desk research findings reveals a total of 19 cases (5 killings, 11 survivors, 2 missing and 1

grave robbery), 13 of these attacks happened in 2015. Below are cases in details;

5 KILLING: 3 were killed in 2015

NAME, AGE & GENDER UNKNOWN: On September 4, 2015, Nyasa Times of Malawi reported

that in Mchinji, Malawi, police spokesman for the district officer, sub inspector Moses Kajawa

Nyirenda, said they have found the body parts of a person with albinism in the Dagrasi Mwale's

garden. Nyirenda said Police are investigating the matter1.

During the night of January 21, 2015, a 9 year old girl with albinism by the name of Ida Thomas

was attacked in Chalela Village, Chikhwawa district, Malawi. The intruders broke in while Ida

was sleeping at her Aunt’s house and kidnapped her. She is believed to have been killed as her

blankets were found outside the home covered with blood. The incident was reported to the

police though no one has yet been arrested2.

On January 18, 2015, a 68 year old woman with albinism by the name of Malita Makolija went

missing from Masali village, traditional authority Mwambo in Zomba District, Malawi. Her

dismembered body was found the following day near to her home, buried next to an ant hill with

head, arms and legs missing3.

On the night of December 19, 2014, an 18 year old man with albinism by the name of Simeon

Mphasto Mkola from Mohiwa village, Traditional Authority Mtchema in Chiradzulu, Malawi, was

brutally killed for ritual purposes. Malawi police were following a recent report which led them to

suspect, Vincent Masamba. He admitted to police that he was given the task of looking for a

person with albinism, that he met Simeon in Chiradzulu and enticed him with a job in

Mozambique. The deceased is said to have agreed to spend the night with Masamba at

1 (Source: All Africa – Nyasa Times: Malawi: Albino Attacks Resurfaces - Body Parts Found in Mchinji As Abducted Karonga Boy Throat Cut;

September 4, 2015; By Tiwonge Kumwenda; http://allafrica.com/stories/201509041222.html)

2 . (Source: an email to UTSS on March 1, 2015, by UN Human Rights Office, Malawi)

3 (Source: Communication between UTSS and Bonface Ophiyah Massah, Executive Director of THE ALBINO ASSOCIATION OF MALAWI –TAAM;

email: [email protected] ; mobile: (265) 0881006474 & (265) 0 999399337)

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Mwapasa village ahead of the journey to Mozambique the following morning. During the night

the suspects murdered him, took the bones, and buried his remains at Waluwa village near the

Phalombe River. Six people have been arrested and are scheduled to appear in court on

charges of murder according to section 209 of the penal code4.

On November 12, 2014, a 25 year old woman with albinism by the name of Violet Kanyama was

found dead in the garden of a school near her home in Gawani village, T/A Njema, Mulanje

district, Malawi. Her body was recovered with the following parts missing: both arms from

shoulder to wrist, (her hands were left near the body), both legs from hip to feet (her feet were

left near the body). Two days earlier Violet had gone missing and was last seen in a drinking

establishment with her lover, a Mozambican man by the name of Mr. Kamunga. The affair

between the two was well known in the area along with the fact that the man had another wife in

Mozambique. He is the prime suspect and is still at large while police continue their

investigation. 5

11 SURVIVORS: 8 in 2015

On November 29, 2015, a 17-year-old boy with albinism by the name of Alfred Chigalo was

brutally attacked in Mnasi Village, Traditional Authority Mkhumba, Phalombe district, in the

southern region of Malawi. He sustained deep stab wounds to the head, both arms and on the

upper part of his left leg. According to Phalombe Police Publicist, Augustus Nkhwazi, Alfred was

attacked at home in his sleep at around 11pm when unknown criminals broke in with phanga

knives and started hacking him. The victim cried for help and neighbors rushed to the rescue.

Police officers who arrived at the scene found Chikalo in a pool of blood. He was then rushed to

Phalombe Health Centre and from there was referred to Holly Family Mission Hospital where he

is receiving treatment. Unfortunately the 5 attackers managed to escape. Since then, with the

assistance of Alfred’s neighbours, the police have confirmed the arrest of 4 suspects6.

4 (Source: FOM - Face of Malawi - SUSPECTED ALBINO MURDERS ARRESTED IN ZOMBA; National News May 12, 2015;

http://www.faceofmalawi.com/2015/05/suspected-albino-murders-arrested-in-zomba/)

5 (Primary Source: Report to UTSS by the Federation of Disability Organization In Malawi (FEDOMA), Nov. 17, 2014, Email:

[email protected]; Phone: (265) 0881006474 & (265) 0 999399337 - Other Sources:

http://www.nyasatimes.com/2014/11/17/albino-woman-ritual-murder-in-mulanje/; http://www.nyasatimes.com/2014/11/18/fedoma-

albinism-association-condemns-ritual-murder-of-woman/)

6 (Source: allafrica.com – Nyasa Times; Malawi: Albino Attacks Continue in Malawi - 17 Year-Old Hacked in Phalombe; By Maurice Nkawihe;

NOVEMBER 30, 2015; http://allafrica.com/stories/201511303147.html;& the December 16, 2015, report to UTSS by Bonface Massah, The

Executive Director of Association of Persons with Albinism of Malawi (APAM); email: [email protected] &

[email protected]; mobile: (265) 0881006474 & (265) 0 999399337)

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NAME UNKNOWN: On September 30, 2015, Malawi police announced that a 4 year old boy

with albinism narrowly escaped abduction when his mother, Maria Mtengo (25), lodged a

complaint with them in Mzimba, Malawi. Maria’s husband Christopher Kumwenda (38) wanted

to sell his stepson to Lusungu Sere (31) for $K20 million and the two men had been trying to

force her to cooperate. National police spokesperson Rhoda Manjolo confirmed the arrest of

both men in a statement made available to Malawi News. Sere comes from Mkoko Village and

Kumwenda comes from Jamu village, both in the area of Traditional Authority Chindi in Mzimba.

The two have since been charged with conspiracy to commit a felony which is contrary to

section 404 of the Penal Code. 7

On September 13, 2015, a 17 year old girl with albinism by the name of Netani Mphepo was

abducted and narrowly escaped death in the village of Symon Mphepo, Traditional Authority

(T/A) Kampingosibande, Mzimba district, northern Malawi. A teacher, 21 year old Phillip

Ngulube, had reportedly approached a Tanzanian National (name withheld) to buy the girl for

the price of K 6,000,000 or $10,000.00 USD. The Tanzanian notified police and an ambush was

made, leading to the teacher’s arrest. Phillip is now in custody awaiting trial and subsequently

admitted to Police that he had indeed approached the Tanzanian to buy Netani. Prior to this

incident, Phillip Ngulube, originally from Mtambo village in the area of T/A Timbiri in Nkhatabay,

went to the victim’s village to see his relatives. While there he started working as a volunteer

teacher at Mongo primary school. During that time he says that he fell in love with Netani who

was a Form 1 student at Mzimba Secondary School. Incidentally she had dropped out of school

since January and was living at home due to fears related to the drastic increase in attacks

against PWA in Malawi. On September 12, 2015, the teacher went to Chibanja Township in

Mzuzu City where he approached the Tanzanian National. 8

NAME UNKNOWN: On September 4, 2015, Nyasa Times of Malawi reported that an 11 year

old boy with albinism whose name is not mentioned was battling for his life at Karonga District

hospital after two men kidnapped him and tried to cut his throat and right arm in Ipyana, Malawi.

Karonga police spokesperson Enock Livason told Nyasa Times that they have 2 suspects,

Fiskani Mtambo (35) from Mukwavi Village, Traditional Authority (T/A) Mwenewenya in Chitipa

7 (Source: all Africa; Malawi: Two in Custody for Conspiring to Sell Albino Child; by Bernard Chisoni; September 30, 2015;

http://allafrica.com/stories/201510010992.html)

8 (Sources: THE ASSOCIATION OF PERSONS WITH ALBINISM OF MALAWI (APAM); Mr. Bonface Ophiyah Massah, Executive Director; Email:

[email protected] / [email protected] ; Mobile: (+265) 0881006474 & (+265) 0 999399337); ALSO: The Daily Star

News; Malawi teacher charged with trying to sell albino girl for $10,000, Sep. 15, 2015, by Agence France Presse,

http://www.dailystar.com.lb/News/World/2015/Sep-15/315326-malawi-teacher-charged-with-trying-to-sell-albino-girl-for-10000.ashx )

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and Sam Wamisi Kaumba (32) from Cheyama Village, T/A Kyungu in Karonga. He also said

that on the day of the incident the two suspects deceived the boy into accompanying them to a

nearby market to collect a chicken which his mother had bought. When they got to the Ipyana,

they dragged the boy to a nearby forest and started cutting his throat and arm. Fortunately the

boy’s cries for help were heard and he was rescued, but the two suspects managed to escape.

They were arrested later on the same day. Livason said the boy situation is "improving." 9

On August 6, 2015, a 6 year old boy with albinism by the name of Esime Zulu was abducted by

4 men in the Dedza district of Malawi. According to Machinga police publicist, Assistant

commissioner Nahumu, the Police have arrested four men, three from Mozambique plus a

Malawian, Collings Zulu (27), who is also Esime’s biological father. Police say the father had

agreed with his wife to go to the commercial city of Blantyre where he had just secured a job so

the family was staying in a rest house at the Nselema Trading Centre in Machinga. Early

Wednesday morning the father took Esme out saying he was taking him to a nearby hospital.

Esme’s mother waited in agony until noon when she was told that the child had been abducted.

She reported the matter to police and an investigation was launched. On Friday, August 7, the

father was caught along with the three other abductors. The men were trying to leave the

country for Mozambique where they intended to sell the boy. They are scheduled to appear in

court and answer abduction charges, police say.10

On March 5, 2015, a 2 year old girl with albinism by the name of Chakupatsa Stanely was

rescued from 3 kidnappers in Murukhu Village, Machinga Region, Malawi. After being abducted

from her home the girl’s mother, Lonely Stenala, screamed for help. A prompt response from

the villagers caused the assailants to flee. One of them, 19 year old Joseph Andiwochi, hid in

the bushes with little Chakupatsa where he was discovered and arrested for kidnapping. His 2

brothers & accomplices, Kamanga Likhutu, and Sinoya Likhutu, fled into a maze field and are

still at large. Police in Machinga said investigations are ongoing to arrest all involved. Since his

arrest, Joseph Andiwochi committed suicide by jumping from a moving police vehicle on his way

to Zomba on Tuesday morning, March 10, where he was expected to appear in court to answer

9 (Source: All Africa – Nyasa Times: Malawi: Albino Attacks Resurfaces - Body Parts Found in Mchinji As Abducted Karonga Boy Throat Cut;

September 4, 2015; By Tiwonge Kumwenda; http://allafrica.com/stories/201509041222.html)

10 (Source: Malawi24 – All the latest in Malawi news; “Malawian father arrested for selling his albino baby”; By Archangel Nzangaya; August 8,

2015; http://malawi24.com/2015/08/08/malawian-father-arrested-for-selling-his-albino-baby/)

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abduction charges. Two year old Chakupastsa is one of the three girls with albinism born to

Lonely Stenala, a mother of four, and has now been reunited with her family.11

On March 4, 2015, a 12 year old girl with albinism (name withheld) narrowly escaped her

abductors in Kalambo village in the area of Kawinga, in the Eastern part of Malawi. According to

Eastern region police spokesperson, Thomeck Nyaude, a group of unknown criminals broke into

the house of Mrs Chrissy Amidu (mother - age 37). After hearing footsteps, the mother went to

her daughter’s bedroom, but she was missing. The criminals had taken her child as she slept.

The mother started shouting for help, mobilizing people from the village who started chasing the

abductors. Nyaude added that the kidnappers dumped the girl after a long chase by the

villagers12.

On January 5, 2015, an 11 year old girl with albinism by the name of Mina Jeffrey was

kidnapped by 3 men, one of whom was her uncle, in Machinga district, Saiti village, Malawi, in

an isolated area close to Mozambique. She managed to escape the men and was found. The

case was reported to Machinga police. The area that Mina comes from has a lot of persons with

albinism and they are living in fear. As a consequence of this incident eleven school children

with albinism have dropped out of different schools in the area, due to fears for their safety13.

In the last week of March, 2014, an 8 year old boy with albinism by the name of Precious

Nanthalo narrowly escaped a kidnapping attempt and possible death as he was walking home

from school in Kaphalamula, Dedza, Malawi. While the police promised to stay alert, they said

the threat was reported too late, making it difficult for them to conduct a proper investigation.

Although Precious was traumatized, he is still alive and living at home.14

11 (Sources: UTSS interview with Bonface Massah, director of the local albinism group in Malawi; [email protected]; also see The Maravi

Post http://www.maravipost.com/national/malawi-news/law-and-order/8366-malawi-police-claim-accused-albino-abductor-has-died-when-

he-jumped-from-their-moving-car.html and http://www.maravipost.com/national/malawi-news/society/8361-malawi-police-in-machinga-

district-nabs-albino-kidnapper.html; and UNHR http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15673&LangID=E)

12 (Source: allAfrica; Malawi: Albino Rescued From Kidnappers in Machinga, Malawi Police Say; March 5, 2015;

http://allafrica.com/stories/201503060469.html)

13 (Source: Communication between UTSS and Bonface Ophiyah Massah, Executive Director of THE ALBINO ASSOCIATION OF MALAWI –TAAM;

email: [email protected] ; mobile: (265) 0881006474 & (265) 0 999399337)

14 (SOURCE: Reported to UTSS on May 26, 2014 by Bonface Massah, leader of the Malawi Albinism Group

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On June 3, 2013, a 20 year old man with albinism by the name of Yohane Kamwendo from Area

9 Machinjiri Blantyre, Malawi, escaped traffickers in Chipata Zambia.15

Between the dates of October 13 – 23, 2011, James Msakambewa, a 19 year old male with

albinism endured a 10 day deception and attempted abduction. Police in Dedza, Malawi have

arrested two men, Mr. Chikalipo Asafu and Mr. Paul Tobiyasi, for suspected human trafficking.

According to police Sergeant Kabango, the two suspects released James after realizing that the

issue had been reported to police. The boy claims he was ordered not to reveal the matter to

anybody by the two men..16

2 MISSING: 1 in 2015

On January 16th, 2015, a two years old girl with albinism by the name of Ibrah Pillo was

kidnapped from her parent’s home around 10pm in Matindira - Chindambo Village, traditional

authority Kawinga Machinga district, Malawi. Ibra’s father is Pillo Imlani and her mother is

Magret Chikopa. 17

On July 2, 2013, an 8 year old girl with albinism by the name of Maliya Kosta from Mayaka in

Mukhweya village, T/A Chikowi Zomba, Malawi, went missing. Her mother believes she has

been killed18.

GRAVE ROBBERY: 1 in 2015

On August 6, 2015, the grave of a man with albinism by the name of Thomson Mwakanema

was desecration in Malawi’s Northern district of Karonga. According to police, his bones were

found exhumed and that a shovel, hoe and some bones were also found at the grave. Samson

Mwakanema, a brother to Thomas, confirmed that he had albinism and died in 2009 at the age

of 58. Police investigations are underway to capture the perpetrators. Assertions are being

15 (Source: The Albino Association of Malawi (TAAM), Executive Director Bonface Ophiyah Massah, Email: [email protected] - Cell:

0881006474/0995442346)

16 http://www.zodiakmalawi.com/index.php?option=com_content&view=article&id=3297:albino-19-saved-from-

traffickers&catid=41:top-headlines&Itemid=97) (Source: Zodiak Online - Albino, 19, Saved From Traffickers; 10 November 2011, by

Rodrick Sinoya

17 (Source: Communication between UTSS and Bonface Ophiyah Massah, Executive Director of THE ALBINO ASSOCIATION OF

MALAWI –TAAM; email: [email protected] ; mobile: (265) 0881006474 & (265) 0 999399337)

18 (Source: The Albino Association of Malawi (TAAM), Executive Director Bonface Ophiyah Massah, Email: [email protected] - Cell:

0881006474/0995442346)

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made in Malawi that the bones and body part of PWA are being used in rituals by people who

are hoping to get rich19.

All the information obtained in the affected districts through KIIs as well as FGDs confirmed

prevalence of albino killings, abduction as well as exhumation of bones believed to be of dead

albinos.

In Mangochi Inspector Moyo who is the community policing coordinator at Mangochi Police

indicated knowledge of albino killings through the media but pointed out that for the past 12

months the station had not received nor handled any case related to albino killing nor abduction.

The officer however, admitted that he had reliable information of certain men who were found in

possession of human bones suspected to be of an albino. The suspects were successfully

prosecuted and were fined K20, 000 by the Mangochi Magistrate Court.

A station Officer at Mangochi Police station corroborated with inspector Moyo that they had

never handled any albino related case but they had been hearing about it through the media. In

the same district Mangochi one person with albinism informed the researcher that he had been

thrice enticed to travel to South Africa with unidentified persons but he quickly and luckily

suspected some foul play and he returned the offer on all occasions. The survivor also informed

the researchers that he had knowledge of some of his friends with albinism who had been

abducted.

A Paralegal Rights Advice Centre from the same Mangochi concurred with officials from the

Police that the district had never experienced albino killings for the past 12 months but

confirmed bone exhumation case that happened in Namwera.

19 (Source: Malawi24 – All the latest in Malawi news; “Unknown people in Karonga exhume albino bones”; By Luke Bisani: August 8, 2015;

http://malawi24.com/2015/08/08/unknown-people-in-karonga-exhume-albino-bones/)

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Senior chief Kawinga during interview

In Machinga all the 4 KIIs conducted provided enormous evidence of prevalence of albino

abduction as well as some elements of possible killings. There were cases where PWAs were

rescued in the course of being abducted and somewhere victims are still missing. The

researchers had a very warm welcome at the Senior Chief Kawinga’s Headquarters and the

chief mentioned a number of cases that serve as evidence of prevalence of albino killings. The

first case he shared was of a 2 year old albino child who was abducted from his parents’ house

early January this year and she is still missing. His father and a business person from around

the area are suspects into the abduction and are currently answering charges at the high court

in Zomba. He also mentioned about an albino girls from Kalambo village who was abducted but

was rescued. He also mentioned about a grave of an albino boy that was found opened and

empty. The senior chief also talked about an albino girl from Chikweu village who was abducted

but rescued after hiding a bath room throughout the night. The chief’s claims were triangulated

with an interview with Margret Chikopa who is a mother to the still missing 2 year Albino boy

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Ibulla Pillow. In deep sorrow and tears, the woman could not hide her fears that the boy might

be dead wherever he is. With constant interruptions due to sobs and audible cries the woman

shared with the researchers how gruesomely the little boy disappeared from the house during

that fateful night. It was very clear how grief stricken and sorrowful Margret has become

following the incident.

The researchers were also privileged to talk to Chisomo Godfrey from Chikweu village in

Machinga who survived the abduction by hiding in a bathroom the whole chilly night. Her uncle

was also generous to help her explain how the whole incident happened.

At Machinga Police Station Sub Inspector Mkosi acknowledgement prevalence of albino killings

and bones exhumation from the district and he cited an example of 5 men who are currently

serving their sentences at Zomba prison for being found in possession of human bones believed

to be from an albino. He also indicated some knowledge of some cases such as that of a 2 year

missing Ibulla Pillow, the Chikweu albino girl who was rescued and another case where a

suspect jumped from a moving police vehicle and died on the spot.

Emmie Chiumia is the vice chairperson of the Association of Persons with Albinism in Malawi

(APAM). We also had the opportunity to have an interview with her in this research. On

prevalence, she agreed that albino killing and abduction is prevalent in Malawi. She cited the

same examples from Machinga that of Ibulla Pillow, Chisomo of Chikwewu and grave

exhumation case as examples. We however had an opportunity to document cases from

Zomba which were shared by the same Emmie Chiumia. The first one happened few months

ago and involved a young girl who was mistaken with an albino because of her light skin. A

certain woman connived with men to abduct her but was luckily rescued. Another case involved

and albino woman working for Zomba District Health Office. An albino abductor pretended to

propose her but the woman became suspicious and reported the matter to Police. The abductor

has been successfully prosecuted.

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First from right-Ibulla Pillow’s mother explaining the ordeal how her child disappeared on that fateful night

Data collection also proceeded to Regional Police Headquarters in Zomba. Here, Assistant

Commissioner of Police (ACP) Lungu granted us an interview. ACP Lungu agreed with all the

previous interviewees about the prevalence of albino killings and abduction. He mentioned

almost all the cases that were mentioned by other respondents but here he added few more

cases. One involved Zulu and his accomplices who were intercepted in Machinga as they were

intending to sell an albino they had trafficked from Dedza. Another addition was a case is where

an albino case from Chiradzulu was killed in Zomba and the fresh removed. The suspects were

caught with the bones which they intended to sell and the case has been referred to the Director

of Public Prosecution (DPP).

Researchers visit to Zomba prison confirmed prevalence of albino abduction and killings as well

as exhumation of bones. We were able to speak to 3 convicts who are serving various

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sentences on albino related charges. First, was Agushtino Matande of Mozambique who was

part of the group that wanted to sell an albino from Dedza to Machinga. Agushtino and his

friends are serving 8 year jail term. Another convict was Melinda Mbendera who is serving a 3

year jail term for conniving with some men to abduct the Matawale light skinned girl.

The researchers obtained empirical information on the prevalence of albino related cases from

the Assistant Registrar of High Court in Zomba H/W Kayira. H/W Kayira provided us well

documented cases that have either been concluded in the court of law or are still being pursued.

The following is the list of cases that were shared by H/W Kayira.

Case Details-Zomba Status

1 Republic vs. Wyson Sinoya and 5 others Criminal Cause

Number 5 of 2015. The offences were burglary and

abduction of a child under sixteen years of age.

They have been imprisoned

for 2 years and the case is

currently in the high court for

review.

2 Republic vs. Bello Dennis and five others. Criminal

Cause Number 66 of 2015. The offences were criminal

trespass and selling of human bones.

The case has been concluded

and charged 12 months for

trespass and 18 months for

being found with human

bones

3 Republic vs. MacNight Mwalabu Criminal Case Number

141 of 2015. The charges were attempted child stealing

and acts intended to cause grievous harm

Accused acquitted at ruling

stage

4 Pillow Imran and Alli Mustafa, Ajalu Muleke and Witness

Shuga Criminal Cause Number 28 of 2015. The accused

were charged of three counts namely; burglary,

abduction and child stealing. The victim is 2 year old Ibra

Pillow.

The case is judgment stage

having been transferred from

Machinga Mselema court

5 Republic vs. Peter Jeke and Rabson Mwanyali Criminal

Cause Number 172 of 2015. Case from Zomba and the

accused were charged with selling human tissues (Albino

The case is at further defence

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hair)

6 Republic vs. George Ningoliya Criminal Cause Number

115 of 2015. Case from Phalombe and pending

completion. the accused was charged with kidnapping

from lawful custody

Case pending completion

7 Republic vs. Melinda Mbendera Criminal Cause Number

144 of 2015. The offence is attempted child abduction

The case has been completed

and the accused has been

sentenced to 3 years

imprisonment.

Case from Mangochi

8 Republic vs. Dickson Kandewu and friends Case details-

they were found with 6 human bones at Chitimbe

Resthouse while they were seeking market for the bones.

Case was handled by H/W

Ronald Mbwana.

FGDs from Mangochi and Machinga also established that the practice is indeed prevalent in

different parts of Malawi agreeing with all the information generated from the KIIs. There is also

a good match of cases that were heard from the communities especially in Machinga through to

the regional police headquarters as well as from H/W Kayira and Zomba prison. This fulfills a

very important aspect in research named triangulation.

2.2 Causes of Albino Killings, Abduction and Exhumation of Albino Graves for Bones

Both FGDs and KIIs provided enormous eye opening information on what has been rumored as

the causes of albino killing in Malawi. In FGDs, problem trees were utilized to enable

participants analyze or come up with causes of albino killing in a more detailed and participatory

manner. Specimens of the problem tree have been attached as annex 2 but below listed are

summaries of what the groups came up with as causes:

Love of money-crooked means of getting it

Violence

The belief that albino bones contain gold

Wanting to get rich

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Albino bones are used for fishing sharks

Lack of love-not caring about other people

Fresh from a person with Albinism is very soft and delicious

Bones from albinos are very expensive

Poverty

Belief that having sex with a person with albinism cures HIV and AIDS

The above answers came mainly from FGDs that were conducted in Mangochi and Machinga.

The answers were not far from what individual KIIs generated. Senior chief Kawinga of

Machinga corroborated findings from the FGDs that the practice can be largely attributed to

beliefs that certain body parts of albinos have the magical powers to make one rich. This was

also echoed by H/W Kayira who mentioned that she presided over a certain case where the

accused persons were found with human hair that was believed to be on an albino and she

indicated that the accused person revealed that he wanted to surrender the hair to a witch

doctor who wanted to use it in preparing charms used in restoring peace in struggling family or

love affairs. Another respondent from Mangochi concurred with the other findings that the

practice is largely due to the belief concerning the magical prowess of almost every body part of

an albino.

Our research with one of the convicts at Zomba Prison verified that poverty is one of the factors

fueling albino killing and bone exhumation. This particular person claimed to have been

approached by a certain business person from his village who asked him to find bones of an

albino person and he was promised K4, 000, 000 for this. The man travelled to his home village

in Zomba where he liaised with a relative of an albino who died some time and traced where the

albino was buried. The man went to this grave in the night and managed to exhume the bones

though he missed the position and ended up collecting bones of someone without albinism. The

man claimed that he was given a deposit of K10, 000.00 in addition to a bicycle which he used

to travel from Machinga to Zomba and used part of the K10, 000.00 to pay the one who helped

him locate the grave. He was eventually arrested at a market place where he was expected to

meet the man who wanted to buy the bones. The man is serving his sentence after being found

guilty of trespass and being found with human bones. It should be pointed out that most of the

statements on what are believed to be the root causes of the killings, abductions and bones

exhumations are just statements from secondary sources as it has not been possible to get the

end users of the albino body products. As it will be seen from the analysis section, most of the

cases that have so far been completed did not have a clear connotation of killing. Additionally,

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most of the accused persons whose information, they claimed to be examined were acting on

behalf of other people. Some of the respondents particularly during KII completely refused to

suggest what the causes of albino killing could be.

2.3 Impacts or Effects of Albino Killing, Abduction and Bone Exhumation

This part also generated educative information through FGDs as well as KIIs. Groups in

Mangochi mentioned that people with albinism cannot walk at night, they are hunted like

animals and they stop going to school in case of school going children. They even went further

to mention that they are persecuted as if they are not Malawians. The same group indicated that

due to the killings and abduction, people with albinism are living in fear.

In Machinga, a men’s FGD came up with points including; failing to go school thus agreeing with

the Mangochi group. They continued to say that human rights of persons with albinism are not

respected. They also mention that lives of persons with albinism are in danger due the killings

and abductions. In the same Machinga district women’s group also analyzed the impacts of

albino killings and abductions and mentioned the following; people with albinism due not sleep

peacefully as they keep on changing for fear of being traced. School going children need to

have someone to be escorting them to and from school all the time for their safety. Parents with

children with albinism are ridiculed. Marriages breakup once the woman gives birth to a child

with albinism for fear that the man may kill the child one day. People with albinism relocate to

other places that they feel safer and secure.

Key Informant Interviews provided adequate confirmation to what was generated from the

Focus Group Discussion. Margret Chikopa is a mother to the 2 year missing albino boy whose

case is still underway at Zomba magistrate court. The woman was happily staying with her

husband but she has now abandoned her matrimonial home following the incident. An 11 year

old Chisomo Godfrey is another lucky survivor of abduction. Following the incident, she has

been adopted by a well-wisher in Chikwewu and goes to and from school every day under

escort.

3 Efforts and Interventions Being Done to Curb Killing and Abduction of Persons with

Albinism

The research discovered a number of positive initiatives undertaken by the government, civil

society organisations, community leaders as well as the affected persons themselves in trying

to stop abductions and killing of people with albinism. Some of the efforts are outlined below:

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3.1 Government Efforts and Response

Early this year when incidences of abductions of people with albinism were on the rise as

well as cases of people found in possession of human bones, the government of Malawi

responded swiftly by among others;

3.2 Assigning Special Senior Police and Judiciary Personnel to Handle Albinism

Related Cases

Special personnel were assigned duties of handling albinism related cases both in the police

and judiciary for example H/W Kayira who is the Acting Registrar of High Court in Zomba

has been assigned to handle all cases related to albinism while Assistant Commissioner of

Police Lungu of the regional headquarters at Zomba is the one handling all cases from the

police side. A directive has since been made that all cases related to albinism from the

region be referred to these senior officers. This has helped in speeding up trials of cases

from the region.

3.3 Presidential Announcements Condemning Albino Killings and Abductions

Earlier this year following the increase of the cases, the state President Prof. Arthur Peter

Mutharika of the Republic of Malawi issued press releases on the national television and

radio stations strongly condemning the killings and abduction. In the speeches, the

president affirmed total safety and security of persons with albinism and warned to deal with

all culprits perpetuating the practice.

3.4 Community Visits by Senior Government Officials to the Affected Areas

The Inspector General of the Malawi Police Service, the Minister of Gender, Disability and

Child Welfare and her Principal Secretary were some of the senior government officials who

visited Senior Chief Kawinga’s area of Machinga early this year when the cases made

headlines. During the visits, they conducted awareness meetings with community members

and local leaders on the effects and impact of albino killings and how the government

intended to deal with it. It is alleged that during her visit, the Minister promised to organize

the services of a lawyer to represent survivors and families of people affected by the killings

and abductions.

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3.5 Efforts by Civil Society Organisations

Association of Persons with Albinism in Malawi (APAM) and Federation of Disability

Organisations in Malawi (FEDOMA) paid a joint visit when Chisomo Godfrey had just been

rescued for the abductors. The organisations also held an open day awareness campaign

mid this year where messages condemning the practice and the need to respect the rights

of persons with albinism were disseminated. APAM’s awareness raising work could also

vividly be seen within Chief Kawinga’s office where well designed messages about the plight

of persons with albinism are displayed on beautiful posters.

3.6 Efforts by Community Members and PWA

Senior chief Kawinga is one of the notable traditional leaders who mobilized his subjects

and community members to be conducting sensitization meetings in the surrounding

communities about killing and abduction of albinos.

Community members took part by offering safe spaces for survivors of the abductions or

other members who were affected by the killings. Vivid examples are cases of Margret

Chikoti who left her matrimonial home following the abduction of her 2 year old child. She

has now been welcomed back at her parents’ home. Chisomo Godfrey, who also survived

the abduction, has been adopted by a well-wisher who is educating her at the well-wisher’s

private primary school in Chikwewu. Apart from incorporating her in the home, the well-

wisher also makes sure that there is always someone to take Chisomo to and from school

every day. Relatives of young persons with albinism make sure that they accompany them

wherever they wish to go. Members of the surrounding communities in Machinga became

very alert and were questioning every person who was found in company of an albino

person.

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Some of the awareness messages produced by CSO’s

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4 Key Issues, Lessons and Recommendations

4.1 Key Issues and Lessons

In the documentation, it has been establish that in the past few months’ cases of abduction

of people with albinism were indeed on the increase. It has also been established that both

community and government as well as civil society response has been there. The

documentation finds that apart from the Chiradzulu case, where the accused were found

with bones from a just murdered albino person, the rest of the cases could not qualify to fall

in the category of murder or killing and there was no sufficient evidence to substantiate the

same. Cases that have been completed so far, all of which falling in the category of criminal

trespass, abduction or in some cases housebreaking have the accused sentenced to the

maximum of 3 years imprisonment with only on being referred to the High Court for a review.

In one instant, an accused person who was found in possession of human bones believed to

be from a dead albino was fined K20, 000.00.

Community members in whose areas this happened felt that these are very serious offences

that could have attracted stiffer sentences equivalent to killing as the subject has always

been headlined. They felt cheated and discontent when hearing that perpetrators were

getting 2 years, 3 years or even K20, 000 fined. At senior Chief Kawinga’s headquarters

people even openly showed their displeasure when they mentioned that in their opinion, our

courts value lives of animals like goats and cattle than that of a person like an albino. They

claimed that their arriving at the conclusion is based on the fact that people who are found

with stolen cattle are often given stiffer sentences varying between 5 to 10 years

imprisonment which fell short of the 3 year sentence given to albino abductors. On their part,

police officers interviewed indicated that circumstances surrounding the reported cases had

no evidence to warrant their placing of murder charges against the accused. They

mentioned that as police they base their choice of cases on the available evidence and the

likelihood that they will be able to get witnesses for the case.

Taking her turn, H/W Kayira could neither side nor disagree with the sentiments from police

officers as she said that sometimes both the communities and the police may have

contributed to this. On the part of the community H/W Kayira said that it is important for them

to know that cases are not just tried based on allegations but rather actual evidence and that

each and every case has well stated applicable sentences which the courts cannot go

beyond. To this she mentioned that the community may have expected that someone found

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in possession of human bones be tried for murder something which would not be easy

unless there was adequate evidence connecting them to this. She therefore said the

trespass case which most of them were answering carries a maximum of 2 years and the

courts could not and cannot go beyond that. On the part of the Police, Kayira observed that

sometimes the police err in the choice of charges for certain cases. She cited an example of

Ibra Pillow’s case where police seems to have only charged the accused on abduction while

they could have gone an extra mile to place charges of house breaking with an intention of

committing a felony therein. In her opinion, chances of the accused getting fewer sentences

under the current charges are very high looking at the types of charges leveled against

them. Kayira disclosed that it was evidence that most of the investigators and prosecutor

lack thorough understanding of the Criminal Act and she even wondered if some of them

have copies of it at their disposal. On this, H/W Kayira encouraged prosecutors and

investigators to always familiarize themselves with the Act. Other than this, Kayira

recommended training and sensitization for prosecutors and investigators as she noted that

they often times overlook the very basic procedures of processes such as identification

parades which might have assisted them in backing up their evidence.

The survey discovered very exciting and interesting interventions mounted by the

government, civil society organisations and communities in general in trying to curb the

practice. It should be mentioned however, that apart from the posters produced by APAM

and the assigning of senior officers to handle albino related cases in the judiciary, most of

the interventions were somewhat reactive and one off. Such activities such community

awareness meetings have since diminished and the vibe is not there anymore.

A sharp decrease in the occurrence of cases has occurred for the past few months and this

was evidently echoed by the magistrate Kayira. We are of the view that this is a success

story following the interventions implemented in the area. It may therefore be importance to

sustain or even scale up such activities such as awareness raising.

Community members are showing pro activity and love for persons with albinism by offering

to be escorting them wherever they go notably to and from schools. This is a very

commendable move. However, it could be noted that the ones escorting persons with

albinism sacrifices part of their productive work time and it therefore might not be a lasting

solution. Apart from this, the move could be seen as promoting stigma on the part of the

persons with albinism. Other than this, human rights accords the rights to privacy for all

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human beings and in the case of those under constant escort, this right may be

compromised.

5 Recommendations

The study recommends the following:

Awareness and any other activities regarding promoting the plight of people with

albinism ought to be continuous and sustainable. This may include but not limited to

demulsifying the belief that albinos are a source of riches.

There is a need to train investigators and prosecutors as well as magistrates to equip

them with better skills of handling cases related to people with albinism.

Review our criminal justice system to ably handle albino abductions and killings.

Establish a coalition of NGOs to run a campaign against violence on persons with

Albinism.

CSO close monitoring of court cases involving survivors of persons with albinism.

6 Limitations of the Study

The survey managed to conduct 13 KIIs in 3 districts. This is comparatively a small sample

and could effectively make it difficult for generalization of findings. Data collection was

conducted in 3 days only for all the 3 districts. This made it impossible to go to some of the

planned areas like Nayuchi in Zomba where relevant information was also located.

We only managed to conduct 3 FGDs in 2 of the 3 districts. This also gives us a fairly small

sample as we planned to conduct the FGD with Men, women, boys and girls separately in

all the 3 districts.

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7 Annex 1: Data Collection Tools Used

Documentation on Albino Killing in Malawi:

Research Conducted By Women and Law in Southern Africa Research and Educational

Trust.

Key Informant Interview (KII) Questionnaire

Introduction:

My name is _________________________________ and I am from WLSA Malawi. We are

conducting on the impact of the killings and abduction of persons with albinism with the aim of

preparing evidence based documentation of plight of albinos in Malawi. We are conducting this

research on behalf of the Disabled Women in Africa (DIWA). The information you provide in this

interview will be used exclusively for the purposes of this documentation and you are

guaranteed the right to confidentiality. You are not compelled to participate in this research but

your input will be highly appreciated. The interview is very short and will not take much of your

time.

Name of respondent (Optional) _____________________________________

Sex _____________________________________

Occupation/ Position _____________________________________

District _____________________________________

Date and place of Interview _____________________________________

Please mark the appropriate

Department APAM DIWA MIN. Judiciary Police NGO PWA Caregiver

Question Response

1 We have been hearing about albinos

being abducted or killed from different

parts of Malawi. What is your

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knowledge on this?

2 Do you know of any particular case

from this area?

3 If yes please share with us:

what happened

where did it happen

when did it happen

4 In your opinion what do you see as the

reasons why people with albinism are

being killed in Malawi?

5 What can you say are the impacts of

the albino killings in Malawi?

(i) On the community in general

(ii) On the people living with

albinism

(iii) On their dependants or

caregivers

6 Do you think albino killing cases are on

the increase or not?

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(i) If on the increase, why?

(ii) If on the decrease, why?

7 Who are the common perpetrators of

the albino killing and why?

8 What efforts are there to ensure that

killing of people with albinism is brought

to an end?

Efforts from government

NGOs

Community

Others What else should the mentioned

players do to ensure maximum

protection is guaranteed for Albino

persons?

9 Would you say enough is being done to

stop albino killings in Malawi? Please

explain

10 Please share with us examples of

cases, if any, involving albino killers or

abductors that have been successfully

prosecuted from this area?

11 Do you think the

prosecution/sentencing of the offenders

is enough with the nature of case

involved? What can be done?

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12 What policy provisions are available

that protects persons with albinism from

being killed? Do you think there should

be a special specific policy provision or

a law to ensure maximum protection is

guaranteed?

13 What are your comments on the status

of albinos in Malawi?

Once again, thank you so much for sparing your time participating in this survey. Your

views and information are of great value to our research work.

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Documentation on Albino Killing in Malawi:

Research Conducted By Women and Law in Southern Africa Research and Educational

Trust.

Focus Group Discussion (FGD) guide for community members-men, women, boys and

girls.

A) Climate Setting

Introductions by WLSA team, introducing the topic followed by self introductions by participants

B) Questions

-Available knowledge on killing or abductions of people with albinism

-Prevalence of the practice from the area including exhumation of albino graves. Available

examples from the locality.

-Common perpetrators of albino killings

-Reasons behind albino killings

-Efforts to put albino killings to an end

Government

NGOs

Faith community

Community members

Individuals

-Effectiveness of the efforts

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-What else ought to be done?

Using a participatory tool called problem tree let us break into groups of men, women, boys

and girls and analyze the problem of albino killings. The tree will have albino killing as its

stem, causes of albino killing as its roots and the effects or impacts as its branches or

leaves. (groups should be provided with flipcharts and markers and facilitators should be

going round guiding the groups how to use the tool correctly)

Annex 2: Specimen of Problem Trees from FGDs

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