UN Women backs APM on ‘hyena’ arrest

United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) has hailed President Peter Mutharika’s for his “swift” response to the story about Eric Aniva, the Nsanje man who confessed to defiling young girls and sleeping with widows in a sexual cleansing ritual when he was HIV positive.

The support is coming after some commentators, including Chancellor College associate professor of law Edge Kanyongolo, accused the President of suspected abuse of power for instructing bodies such as the Malawi Police Service (MPS) to make arrests when they are operationally independent.

However, in a letter to Mutharika dated August 1 2016, UN Women under-secretary-general and executive director Phumzile Mlambo-Ngcuka has said the President’s bold response demonstrated a strong commitment to the protection of rights of women and girls and that Mutharika is a true HeForShe champion.

“It is commendable that the Government of Malawi has taken a strong stance against harmful traditional practices, particularly on early child marriage and sexual initiation for girls, and that legislation is being put into effect. UN Women will continue to support the Government of Malawi in promoting the rights and freedom of women and girls,” reads the letter in part.

Mlambo-Ngcuka further said she is looking forward to the successful conclusion of Aniva’s case. She also urged government to pursue “a long-term and coordinated approach” toward addressing the sexual initiation of girls.

On July 21 2016, British Broadcasting Corporation (BBC) published an article in which Aniva, who has two wives, claimed he is paid from between $4 (about K2 900) and $7 (about K5 075) each time he performs his fisi [hyena] duties to young girls and widows.

On July 25 2016, the President ordered his arrest and subsequent investigation to be followed by his prosecution for the acts he confessed in the media.

In addition to the directive to arrest Aniva, the President also directed the police, the district commissioner (DC) and traditional leaders in Nsanje to investigate all men and parents involved in what he termed a “shocking” malpractice.

Speaking to The Nation in an interview after the order was made, Kanyongolo said the general principle is that the President should not stand on a podium to give instructions to any government agency.

He said: “Government agencies should be allowed to exist independent of the President. The President should resist from the temptation to issue orders to independent organs of the government.”

Kanyongolo emphasised that all harmful practices should be eliminated and if the government wanted to use criminal law, it should be done comprehensively.

Meanwhile,Mutharika’s announcement that government would introduce a law to govern cultural practices has not received the support of non-governmental organisations (NGOs), who argue that the country does not need new laws.

Women and Law in Southern Africa (Wlsa) Malawi national director Mzati Mbeko, in an earlier interview with The Nation, said what is needed is for government to implement the laws which already exist in addressing harmful cultural practices and not enacting new laws through legislative processes that can be protracted.