A verdict is expected this week in the case of a man
arrested in Malawi after he told a BBC reporter he had had sex with pubescent
girls as part of a "cleansing" ritual. But some Malawians are asking
why only one man is on trial for a practice involving whole communities.
Eric Aniva was arrested in July on presidential
orders after he admitted having unprotected sex with girls as young as 12 - and
keeping quiet about his HIV-positive status.Aniva says he was hired by the
girls' relatives to take part in a sexual initiation ceremony which they
believe "shakes off" the girl's childhood "dust" so that
she can enter adulthood.
When Malawi's president, Peter Mutharika, ordered
the arrest, he wanted Aniva tried for defiling young girls, but no girls came forward
to testify against him.So instead Aniva is being tried for another ritual
defined as a "harmful cultural practice" under section five of
Malawi's Gender Equality Act, in which he had sex with newly bereaved widows.
On this charge, two women have come forward to give
evidence against Aniva, though one says he had sex with her before the practice
was banned, and the other says she managed to escape before the sexual act took
place."Widow cleansing is a highly regarded practice among us," said
a social worker from Nsanje, the remote south-western district where Aniva
lives.
"We believe that if a widow or widower is not
sexually cleansed, then bad luck, sudden death or illness will come to some, or
all, of the clan. We are obliged to do this custom by our ancestors," he
added. He asked to remain anonymous, because government employees are not
allowed to talk to the media without permission.
Until a few years ago, it was common practice in the
district for a bereaved widow to have sex with a man three times a night for
three to four nights. Often the man would be the deceased's brother, but in
some cases someone from outside the immediate family, such as Aniva, would be
hired to perform the act.If the bereaved was a man, a woman would be found to
have sex with him.
The ritual was modified, however, in the light of
the HIV epidemic, and these days a married couple are supposed to act as
surrogates, having sex on behalf of the bereaved. As before, they utter an oath
at the point of ejaculation to prevent ill fortune arising from the death.
What horrifies Malawians about Aniva, who claimed in
his BBC interview to have had sex with 104 women and girls, is that he did not
stop his sexual practices after finding out he was HIV-positive."HIV is a
killer. How can someone with this status, do what he did? I think this man is
the devil. Greedy and selfish. If I could judge him, I would give him a murder
sentence and life imprisonment," a pastor, Paul Mzimu, said outside Queen
Elizabeth Central Hospital in Blantyre, where HIV rates on some wards reach
70%.
A young mother, Memory Lakson was also angry,
"He was HIV-positive and he has now given HIV to innocent women. He should
die in jail."
She, like many Malawians in Blantyre, the commercial
capital of the country, expressed her sadness and frustration that after 15
years of HIV/Aids programmes, including campaigns specifically designed to
prevent or change such rituals, they have not gone away.
"I had heard of these practices before. Some
girls from Nsanje told me it was their culture, that it was not a bad thing,
that it's what they do," she said."I told them it was wrong, but they
said it was just what they were brought up to do."
Sitting beside her, Mesi Salira thought others
should be charged too, not only Aniva."The main problem lies with the
culture, it is still his crime and he must not be let off, but it would be good
if other members of the community were arrested, as they were also doing
wrong."
Her point was echoed by Victor Mhango, head of
Malawi's Centre for Human Rights Education, Advice and Assistance. "Why is
it just Aniva in the dock?" he asked. "He was employed by the parents
to have sex with their daughters. Where are the charges against the
parents?"
Senior Chief Malemia of Nsanje, who knows Aniva and
is a voice of authority in the district, insists that the "sexual
cleansing" of young girls has never been practised in Nsanje. But at the
same time, he said the trial was an opportunity to find out whether what Aniva
told the BBC was true, and if so whether he was describing things that happened
years ago, or today.
"If he really was doing what he described, we
need to move to protect the girls. As a chief, all I want to know is if these
practices are really going on, to find his accomplices and work with
them."He added: "Maybe Aniva should get a suspended sentence and
return as a champion against harmful practices?"The Nsanje social worker
said most people in the district were against the trial."It feels we're
being singled out - like it's selective justice," he said.If convicted,
Aniva faces a possible five-year jail term.One of the many sad things about the
case is that for all the local and international attention Aniva's story has
attracted, there has been no significant new effort to stop sexual
"cleansing" rituals.Could the publicity have had some effect in areas
where these "harmful practices" continue?"If anything good has
come out of this case," one woman said, "it is that some young women
may now know more about their rights."Her tone of voice, however,
suggested she was far from convinced.
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