Ban FGM Worldwide
This fact sheet focuses on normative and legal frameworks banning female genital mutilation (FGM) in 21 select African countries where FGM is practiced. The fact sheet also highlights the princi- ples enshrined in United Nations General Assembly resolution A/
RES/67/146, which calls for a worldwide ban on FGM.
What is FGM?
FGM is one of the more serious forms of violence perpetuated against women and girls. The procedure comprises the partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. The procedure has no health benefits. On the contrary, it damages healthy and normal female genital tissue and interferes with the natural func- tioning of girls’ and women’s bodies.
A violation of human rights
FGM violates a woman’s rights to health, security and physical integrity. It deprives women of their right to be free from cruel, in- human or degrading treatment and torture. FGM can cause death, thus violating the right to life.
States should “condemn all harmful practices that affect women and girls, in partic-
ular female genital muti- lations, whether committed within or outside a medical institution, and to take all necessary measures, includ-
ing enacting and enforcing legislation, to prohibit female genital mutilations and to protect women and girls from this form of violence...”
-UNGA resolution A/RES/67/146
Types of FGM
ÞType I – Clitoridectomy: partial or total re- moval of the clitoris and/or the prepuce).
ÞType II – Excision: partial or total removal of the clitoris and the labia minora (inner lips) – with or without excision of the labia majora (outer lips).
ÞType III – Infibulation: narrowing the vaginal orifice by creating a covering seal through cut- ting and appositioning the labia minora and/
or the labia majora, with or without cutting off the clitoris.
ÞType IV – All other harmful procedures to the female genitalia for non-medical purposes.
Why is FGM practiced?
FGM is practiced for an array of reasons, includ- ing social acceptance, cleanliness, preservation of virginity, enhanced fertility and other cultural and
religious factors within families and communi- ties. Generally speaking, FGM is deeply rooted in tradition and upheld by underlying power relations between men and women.
Is FGM a religious practice?
While FGM is a rite of passage in many cultures, it is not mandated by any religion. It is practiced by many religious groups (Muslims, Christians, Jews and animists) across all educational levels and social classes.
Who does FGM affect?
The magnitude and prevalence of FGM is aston- ishing given its inherent risks to health and to life.
FGM is largely performed on young girls between infancy and age 15. In Africa, more than 125 million girls and women alive today have been cut in 29 countries. Of these, 91.5 million are above age 9.
Figure 1: Percentage of girls and women aged 15–49 who have undergone FGM, by country
Prevalence of FGM in Africa
Countries with very high prevalence (over 70 per cent) include Egypt, Ethiopia, Mali, Sierra Leone and Somalia, among others (See figure 1). Howev- er, prevalence varies greatly across countries, reflect- ing ethnicity, tradition, and socio-demographic factors. FGM Types I, II and III have been docu- mented in 28 countries in Africa.
Female circumcision versus FGM
The most notable difference between the terms FGM and female circumcision is that the latter
does not sufficiently evoke the serious physical and psychological effects of this practice. Furthermore, the term FGM is more closely associated with medical typology that distinguishes between the different types of cutting.
Male circumcision versus FGM
Male circumcision provides protection from cer- tain infections and thus has some medical benefits.
Female genital mutilation or cutting offers no such benefits.
Consequences of FGM
FGM offers no health benefits and its consequences can be severe, even fatal. See the box for a list of side effects.
Motivations for FGM
Þ Custom and tradition
Þ Religion. Many believe FGM is a religious requirement, even though no religion mandates it.
Þ Promotion of chastity
Þ Social acceptance. FGM enhances a woman’s suitability for marriage.
Þ Hygiene. Another prevalent and mistaken belief is that FGM promotes cleanliness.
Þ Increasing sexual pleasure for the male
Þ Family honour
Þ Belief that FGM enhances fertility
Immediate effects Long-term effects
Þ Severe pain Þ Shock
Þ Haemorrhage
Þ Tetanus/sepsis (bacterial infection)
Þ Increased risk of childbirth complications
Þ Increased risk of newborn deaths Þ Infertility
Policy discussions recommending that governments ban FGM were initiated in 1979 by the World Health Organization. Today, several African coun- tries are taking action. Guided by international legal frameworks prohibiting the practice, these countries have established domestic laws and policies against FGM and are enforcing them with stiff penalties.
Below is an overview of the status of legislation in African countries committed to the ban.
National legislation on FGM in Africa
Currently, 21 of Africa’s 54 countries have institut- ed laws against FGM. Punishments for breaking anti-FGM laws vary widely from country to coun- try. A few examples follow.
Nigeria: A minimum 6 months’ imprisonment and/or a fine of 1000 naira (US $6).
Ethiopia: Prison term of no less than 3 months and/or a minimum fine of 500 birr (US $26).
Ghana: Imprisonment of up to 10 years.
Cote d’Ivoire: Five years’ imprisonment and a maximum fine of 2,000,000 CFA (US $4,210).
Guinea: Hard labour for life with a death sentence for the perpetrator if death results within 40 days after the crime.
One innovative feature in the war against FGM is the provision of third-party reporting. This is a feature of the legal frameworks in Burkina Faso, Cote d’Ivoire and Togo. Third-party reporting has effectively moved FGM from the private sphere to the public domain. The expectation is that doing so will increase the rate at which people report to the authorities when the law is broken.
While laws against it are essential, it should be noted that legal action alone is unlikely to bring about an end to FGM. In Guinea, for example, despite stiff penalties the country’s latest Demo- graphic and Health Survey (2005) shows that 96 per cent of girls have undergone FGM. The practice is especially difficult to eliminate not only because of its deep roots in culture and tradition but because it has support from both men and women – over time the proportion of women and girls who sup- port FGM has remained unchanged.
African countries that have legislated against FGM*
Country Year Country Year Country Year
Benin 2003 Eritrea 2007 Niger 2003
Burkina Faso 1996 Ethiopia 2004 Nigeria (some) 1999–2006 CAR 1966, 1996* Ghana 1994, 2007* Senegal 1999
Chad 2003 Guinea 1965, 2000* South Africa 2005
Cote d’Ivoire 1998 Guinea-Bissau 2011 Tanzania 1998
Djibouti 1995, 2009* Kenya 2001, 2011* Togo 1998
Egypt 2008 Mauritania 2005 Uganda 2010
*The second date listed reflects the year the original law was amended.
Ban FGM Worldwide project
On 20 December 2012, the United Nations Gen- eral Assembly adopted resolution A/RES/67/146, banning FGM worldwide. The resolution calls on all countries to address FGM through “all neces- sary measures, including enacting and enforcing legislation, to prohibit female genital mutilation and to protect women and girls from this form of violence, and to end impunity.”
The BanFGM project was established subsequent to the passing of the resolution. The initiative is a partnership between the United Nations Eco- nomic Commission for Africa’s African Centre for Gender, the Inter-African Committee for Tradi- tional Practices Affecting the Health of Women and Children, and No Peace without Justice.
An important part of the BanFGM Worldwide project is tracking progress on the elimination of all four types of FGM.
The BanFGM Worldwide project seeks to accom- plish the following:
ÞDevelop measures for compliance with anti-FGM legislation
ÞReinforce the commitment of countries involved in the project
ÞIncrease awareness of the principles enshrined in the resolution
ÞIncrease awareness of domestic and interna- tional legislation banning FGM
ÞFacilitate the sharing of best practices
Social perceptions of FGM
There exist numerous educational campaigns to raise awareness about the risks of FGM and sensitize the pub- lic on the practice. Individuals who support the ban on FGM are encouraged to become vocal advocates within their social networks. These advocates do much to alter the perception of FGM, especially when they hold leadership roles in their communities or exude strong powers of persuasion.
Staggeringly, the percentage of girls and women who know about FGM and support the practice almost al- ways exceeds the percentage of boys and men (see Figure 2, on page 7). That said, people living in countries with high FGM prevalence likely have little contact with uncut girls and women. Delivering credible information about the benefits of remaining uncut is therefore a significant challenge.
The role of health care providers in advocating for a ban on FGM has grown increasingly important as the perception of FGM as a medical issue gains ground in some parts of Africa (particularly in Kenya and Egypt).
As figures of authority and respect within the communi- ty, health care providers have the potential to be power- ful agents for change. Their influence and local knowl- edge should therefore be leveraged to support efforts to eliminate FGM.
According to the country’s 2002 Demographic and Health Survey, two-thirds of all girls in Eritrea were cut during infancy, with half of them cut at or before the age of one month. Eritrea’s Ministry of Health has responded by integrating FGM messages into all pre and postnatal health education and counselling. In 2012, 50 health workers were trained in this subject.
The ministry has also taken steps to institute a system of clinical assessments for girls under 5, as both a means of collecting data and of bolstering prevention activities.
As of 2012, this system had been integrated into regular
Best practice: Benin’s legal framework on FGM
The Republic of Benin offers a good example of a comprehensive legal and policy framework against FGM. Benin’s anti-FGM legislation stipulates mandatory third-party reporting and imposes a higher penalty on those who perform FGM on minors. Benin has ratified all other international and national instruments on FGM except the Optional Protocol to the Convention on the Elimina- tion of All Forms of Discrimination against Women (CEDAW).
Legal and policy framework on FGM On 3 March 2003 Benin passed Law no. 2003- 03 on the Repression of the Practice of FGM.
Some highlights:
Article 2 – prohibits all forms of FGM.
Article 4 – prison term of 6 months to 3 years and a fine of 100,000 to 2,000,000 francs.
Article 5 – higher penalty for those who per- form FGM on minors (persons below 18 years old) by imposing a term of 3–5 years’ imprison- ment and a maximum fine of 3 million francs.
Article 6 – where the victim dies, the culprit will serve 5 to 20 years of hard labour and pay a fine of 3 million to 6 million francs.
Article 7 – accomplices will receive the same punishment as the actual circumciser.
Article 8 – multiple offenders receive the maxi- mum penalty without mitigation.
Article 9 – persons who fail to report an occur- rence of FGM to the public prosecutor are fined 50,000 to 100,000 francs.
Article 10 – medical staff are obliged to assist the FGM victim/survivor and must inform the public authorities.
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW; signed 1981, ratified 1992)
• Optional Protocol to CEDAW (signed 2000)
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol; signed 2000, ratified 2004)
• African Commission on Human and Peo- ples’ Rights (ACHPR; signed 2004, ratified 1986)
• The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol;
signed 2004, ratified 2005)
• African Committee of Experts on the Rights and Welfare of the Child (ACERWC; signed 1992, ratified 1997) International and national instruments signed and ratified
Kenya, too, has integrated FGM prevention into prenatal, neonatal and immunization services in 47 country hospitals and 8 provincial hospitals – repre- senting nearly 100 per cent of public health facilities.
Other countries have also made progress. Such services
exist in 54 per cent of the public health facilities in Guinea-Bissau and 35 per cent of those in Burkina Faso. Forty-two health facilities in Djibouti and 60 in Guinea have also implemented prevention measures.
Figure 2: Percentage of girls and women aged 15 to 49 years and percentage of boys and men aged 15 to 59 years (or 64 years)* who have heard about FGM and think the practice should continue
Continued from page 5
*See UNICEF, 2013.
The media represents another sector of society whose expertise and authority can be an invalu- able resource in combating FGM.
In Mali, the integrated mass communica- tion strategy, begun in 2009 and comprising theatres, forums, travelling films and local and national radio, was strengthened by “inter- personal communication” via national NGOs working towards the abandonment of FGM.
Two nongovernmental organizations – Associ- ation Malienne pour le suivi et l’orientation des pratiques traditionnelles (AMSPOT) and Tagné
(“to move forward”) – implemented activities in 30 villages in Kayes and 30 villages in Kou- likoro with the support of the United Nations Population Fund.
Meanwhile, UNICEF’s collaboration with the NGO Sini Sanuman involved activities in four neighbourhoods in one of the counties of Bamako.
These collaborations resulted in a total of 1,405 community discussions plus 3,202 additional community-based interventions.
Lessons learned
National and local media have substantial power to shift the narrative about harmful traditional practices by transmitting new information and sparking discussion about otherwise taboo subjects.
Responsibility of actors
Abandoning the practice of FGM will require vig- orous cooperation among a host of actors working across all sectors and at all levels, from grassroots to government:
Governments are legally obligated to respect, pro- tect and promote human rights.
ÞParliamentarians have a critical role to play in bringing the issue of FGM into policy debates.
ÞProfessional organizations, such as medical associations and nursing councils, can pro- mote ethical guidelines in medical training and practice.
ÞNational and international NGOs are key actors in designing and implementing pro- grammes for the abandonment of FGM.
ÞInclusion of leaders, both religious and sec- ular, in interventions is important to secure a supportive environment for change.
ÞHealth care providers can play a key role in preventing FGM and in supporting and in- forming patients and communities about the benefits of elimination.
ÞTraditional circumcisers who have aban- doned the practice can be very influential in convincing others to abandon it also.
ÞDevelopment cooperation agencies support international and national initiatives through technical and financial support.
Best practice: The media as advocates in Mali
Good practices
Alternative rites of passage
A traditional belief of Kenya’s Masai people is that the blood of an uncircumcised girl is unclean and must be removed through FGM. In an alternative ritual, girls undergo three to five days’ “seclusion”
with teaching and are not cut. Other essential components of the right of passage – education on family life and women’s roles, exchange of gifts, feasting, and a public declaration for community recognition – are retained.
Fatwa against FGM
Mauritania held a historic conference on FGM and Islam in 2011 that was attended by 61 Islamic scholars from Egypt, Sudan and eight countries in West Africa. The conference culminated in a sub- regional fatwa or religious declaration condemning FGM. Among those present were 40 Mauritanian religious leaders (imams). Thirty-three of these proceeded to issue a national fatwa against FGM.
Currently, roughly 500 Mauritanian religious leaders are actively involved in spreading the news about the fatwa at local level.
Role of young girls
Young girls should be more actively targeted in ef- forts to end FGM. Their leadership abilities should be developed. Young role models who have said no to FGM are critical change agents in their commu- nities. They can help to reverse the stigma against girls who have not undergone the practice.
Public declarations for FGM abandon- ment
means “whole,” “intact” or “healthy in body and mind.” Saleema replaces the negatively charged ghalfa, another term describing an uncut girl, but which carries demeaning connotations. Rather than trying to discredit a long-held tradition, the Saleema campaign aims to allow a new social norm to take root. There is also the closely related cam- paign Born Saleema, which focuses especially on the protection of newborn baby girls. Participating families sign a pledge that is prominently displayed at the hospital. Once mother and baby leave the hospital, each registered Born Saleema family is monitored through home visits by health workers.
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Contact information
African Centre for Gender P.O.Box 3001
Addis Ababa, Ethiopia
www.uneca.org/our-work/gender Tel: +251 11 5 443448
Fax: +251 11 5 512785
https://www.facebook.com/AfricanCentreforGenderandDevelopment Twitter: @unecagender
*This project has been generously supported by the Government of Italy.
