Central African Republic: witchcraft

Bruno Langhendries & Julien Moriceau. First, it’s important to remember that in the Central African Republic, witchcraft is not considered inherently negative. What the law punishes is what might be called its “harmful use”. The penal code criminalises practices of charlatanism and witchcraft (pratiques de charlatanisme et de sorcellerie, PCS) that could disturb public order, harm people or damage property.

Accusations of PCS are closely tied to intersecting forms of social marginalisation. The number of accusations is higher in rural areas, where the judicial system has a weaker presence. Accusations are made with the objective of getting rid of vulnerable people, who are seen as undesirables. The study emphasises that although anyone can be accused of having committed an act of witchcraft, the reality is that these accusations often target isolated women, unmarried women, widows, divorcees, or women without children, especially elderly and poor women. Nearly 60% of the defendants held in the Bimbo women’s remand prison in Bangui between January 2020 and June 2021 and charged with PCS offences fell into these categories. The average age of the accused is 55.

Children, especially isolated ones and foreigners, are sometimes also targeted by these accusations. As with women, the fact that these young people are marginalised plays a very important role in their prosecution. This phenomenon is nothing new, but it has worsened in recent years. Although we lack the necessary distance to draw valid conclusions, we cannot help but draw a parallel between the increased number of children charged with these acts and the series of crises that the Central African Republic (CAR) has faced for the past ten or so years. These crises have led to significant population movements and a rise in the number of isolated minors. However, this is only hypothetical for now. Other preexisting phenomena are worsening: the destructuring of social ties and families, the displacements endured by some population groups, and even the breakdown of rural communities.

BL & JM. In CAR, litigation occurs on two levels: at the local level, via neighbourhood leaders, village leaders or religious leaders; and at the judicial level, via courts and tribunals. These authorities sometimes function in diametrically opposing manners.

However, confessions play a central role in both. Gathering evidence for PCS charges is extremely challenging. Consequently, the vast majority of convictions are based on confessions. At the local level, the act of confessing one’s wrongdoing is perceived very positively and may even be considered necessary by traditional authorities. It is a way of coming together with the victim and a sign of respect towards the institution. Those who refuse to confess risk retaliation and mob violence. It is therefore considered preferable to confess to reduce the risk of violence. At the judicial level, in contrast, a confession can be used by a judge to hand down a conviction. Denying the events can then prove to be a very effective strategy. This disparity between the two systems significantly complicates accused persons’ right to a defence.

PCS cases are extremely sensitive and can elicit strong reactions from the population. The judges in these cases must tread lightly. The cases must be handled delicately, and judges risk retaliation. This puts them in a vulnerable position, leading them to pursue confession at any cost. This situation is problematic, even more so for those familiar with police practices and the various dysfunctional elements of the Central African criminal justice system.

CAR also has an over-reliance on remand detention. In fact, the country has one of the highest rates of remand detention in the world. The authorities arrest but do not convict: the resources allocated to the judicial system are far from sufficient. A large number of women charged with PCS offences are held in remand detention. Their case files could spend months, even years, at the prison registrar. Some judges and some defendants have told us that remand detention could help protect the accused from mob violence. Generally speaking, though, the judicial system is not equipped to handle these cases, which are more a reflection of important social issues than an offence to be processed by a court. Cases of witchcraft ultimately contribute to a deligitimisation of the judicial system, which the population views as ineffective.

BL & JM. Women have to fend for themselves after their release. In general, they cannot return to their home communities because of the risks they face. So, they find themselves in a truly horrible position of social insecurity. They were already marginalised before their convictions, and their time in prison only exacerbates their exclusion. Beyond the personal tragedies, the social cost is extremely high for Central African society: by excluding already-marginalised people, the potential resocialisation processes become much more complex, as well as longer and costlier.

Few accommodation options exist, and only on the fringes of society. A religious centre in the city of Mbaïki takes in women who have been accused of witchcraft and who can no longer return to their communities. Their stays in this type of accommodation centre are often indefinite. No programmes have been established to settle conflicts so they can return to their villages or communities.

The authorities show a marked disinterest in the issue and offer neither public nor parastatal assistance. Although a few outreach sessions have been organised, they have not had much success.