A COMPARATIVE ANALYSIS OF ‘WITCHCRAFT PERSECUTIONS’ IN NIGERIA AND TANZANIA USED AS A TOOL TO MARGINALIZE CHILDREN

Mini Dissertation (LLM (Human Rights and Democratization in Africa)--University of Pretoria, 2022.This comparative analysis of witchcraft persecutions of children in Nigeria and Tanzania, not only demonstrated the extent to which children are marginalized as a result of this harmful practice, but indicated that, regardless of the numerous existing international and regional human rights instruments that have provisions protecting children from physical abuse, occult-based persecutions and other forms of torture, witchcraft persecutions of children in Nigeria and children with albinism in Tanzania continues to escalate at an alarming rate. As these vulnerable children continue to grapple with outdated societal and cultural norms which impede their right to life and development, stakeholders, governments, and other actors who bear the duty of protecting children in both jurisdictions lack the will and motivation to implement effective strategies in eradicating this harmful practice. In chapter two we saw that religion in Tanzania, and superstitious beliefs in Nigeria play a great role in exacerbating instances of witchcraft persecutions against children. In chapter 3 the origins justifications and reasoning for witchcraft persecutions of children were explored in both Tanzania and Nigeria. Here it was concluded that although witchcraft was and is still ambiguous in nature, various cultures and societies still use it as a way to regulate societal values and practices. It was also known that the main actors who monopolize witchcraft persecutions to their own advantages such as witchdoctors, evangelical pastors, and the Pentecostal church in general contribute to the steady rise in witchcraft persecutions of children, especially those living with albinism. Chapter four looked at the two major international and regional human rights instruments that protect the rights of children in Nigeria, and children with albinism in Tanzania from witchcraft persecutions. It was also learned that even though these instruments exist, they can only be effective if African member states, specifically Nigeria and Tanzania, have the political will and motivation to implement and enact the provisions of these instruments within their domestic legal framework. Chapter 5 looked at the contrary and examined the effectiveness of the domestic legal frameworks in both Nigeria and Tanzania, in protecting children from witchcraft persecutions. This chapter informed us that, even though both jurisdictions have national legislations that speak specifically to witchcraft persecutions against individuals, children continue to suffer from witchcraft allegations and accusations. In addition to this, there is also reluctance from both the Nigerian and Tanzanian judicial system in prosecuting perpetrators of this harmful practice, as there is currently little to no data and case law on the issue. As long governments and communities, who participate in these persecutions, lack the will power to report cases of witchcraft persecutions of children, this harmful practice will continue to persist.Centre for Human RightsLLM (Human Rights and Democratization in Africa)Unrestricte