Based on a recent landmark case in the United Kingdom, where a woman was sentenced to seven years for taking a three-year-old British child to Kenya for female genital mutilation (FGM), the urgency to combat this grave violation of human rights has been pushed into the spotlight. The emotional toll of such practices on victims cannot be overstated. On the International Day of Zero Tolerance for Female Genital Mutilation, global leaders, including the World Health Organization (WHO) and the United Nations Population Fund (UNFPA), issued a joint statement reaffirming their commitment to eradicating FGM and supporting survivors in reclaiming their lives.
International Efforts by WHO and UNFPA
Figures from the United Nations reveal a staggering statistic – 94% of females of Somali origin living in Kenya undergo FGM. This harsh reality underscores the need for a concerted global effort. The WHO and UNFPA, through various normative frameworks, including the Beijing Declaration, ICPD25, and SDG target 5.3, have committed to preventing and responding to female genital mutilation. The joint statement emphasizes the violation of women’s and girls’ rights and the physical and mental health risks associated with FGM. Over 200 million girls and women globally have undergone this harmful practice, and nearly 4.4 million girls are at risk each year.
Amina Noor, 40, told the Old Bailey the mutilation is done for cultural reasons and was a procedure she herself had undergone as a child.- Source BBC News
UK Legal Action
The recent case in the UK marked a significant milestone in the fight against FGM. Amina Noor, a 40-year-old woman from Harrow, north-east London, became the first person to be convicted of assisting a non-UK person to perform FGM. In 2006, she took a three-year-old British child to Kenya for the procedure, leading to a seven-year prison sentence. This historic conviction serves as a stark warning against the cultural justifications often used to perpetuate this crime.
Legislative Progress in African Countries
Female Genital Mutilation (FGM) is a practice that has been widely debated due to its harmful effects on women’s health and well-being. Many countries around the world have taken legislative measures to criminalize and combat this practice. In this essay, we will focus on African countries and examine the legislative status of FGM in the region.
Legislation in African Countries:
1.Benin, Burkina Faso, and Cameroon:
Benin has implemented a specific anti-FGM law since 2003, prohibiting the practice nationwide. Burkina Faso criminalized FGM in 1996 with a specific criminal provision, while Cameroon has a specific criminal provision against FGM as of September 2018.
2. Central African Republic and Chad:
The Central African Republic criminalized FGM with a specific provision dating back to 1966. In Chad, although there is no current legislation, a bill banning FGM has been proposed but remains unenacted as of March 2020.
3. Côte d’Ivoire, Djibouti, and Egypt:
Côte d’Ivoire criminalized FGM in 1998 through a specific criminal provision. Djibouti implemented a specific criminal provision in 1994, while Egypt criminalized FGM in 2008.
4. Eritrea, Ethiopia, and The Gambia:
Eritrea enacted a specific anti-FGM law in 2007, prohibiting the practice. Ethiopia criminalized FGM in 2004, and The Gambia implemented a specific criminal provision in 2015.
5. Ghana, Guinea, and Guinea Bissau:
Ghana criminalized FGM in 1994, and Guinea enacted a specific criminal provision in 1965, with a new law in 2000. Guinea Bissau has a specific anti-FGM law, criminalizing the practice and cross-border FGM.
6. Kenya, Liberia, Libya, and Mauritania:
Kenya implemented a specific anti-FGM law in 2001, addressing both national and cross-border FGM. Liberia, although having banned FGM in 2018-2019, lacks a national law prohibiting all forms. Libya has no specific legislation against FGM, while Mauritania criminalized the practice in 2005.
7. Niger, Nigeria, and Senegal:
Niger criminalized FGM in 2003, and Nigeria has a federal-specific criminal provision that does not apply uniformly across all states. Senegal implemented a specific criminal provision in 1999.
8. Sierra Leone, Somalia, South Africa, and South Sudan:
Sierra Leone criminalized initiation rite-related FGM in 2019, but lacks a comprehensive national law against all forms. Somalia, while the constitution prohibits FGM, lacks specific laws and prosecutions. South Africa implemented a specific criminal provision in 2003, and South Sudan has a specific criminal provision against FGM.
9. Sudan, Tanzania, Togo, and Uganda:
Sudan criminalized FGM in 2020, amending the Criminal Code with fines and imprisonment as penalties. Tanzania implemented a specific criminal provision in 1998, while Togo has a specific criminal provision since 1998. Uganda criminalized FGM through a specific anti-FGM law, addressing national and cross-border practices.
10. Yemen, Zambia, and Zimbabwe:
Yemen lacks specific legislation against FGM as of March 2020. Zambia and Zimbabwe have specific criminal provisions criminalizing FGM.
Turning our focus to African countries, significant strides have been made in the legislative realm to combat FGM. Benin, Burkina Faso, Cameroon, and numerous others have enacted specific laws criminalizing the practice. Some nations, such as The Gambia and Guinea Bissau, have gone a step further, implementing specific anti-FGM laws, addressing not only national but also cross-border practices. However, challenges persist, with some countries lacking comprehensive national laws against all forms of FGM, as seen in Sierra Leone.
The Way Forward
The fight against FGM is far from over, and the road ahead requires a multi-faceted approach. Legislative measures alone are not sufficient; there must be a concerted effort to raise awareness, educate communities, and challenge cultural norms perpetuating this harmful practice. Collaboration between governments, international organizations, and grassroots movements is essential to create a comprehensive strategy that addresses the root causes of FGM.
