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Kenyan Digest

How to take FGM law from paper to practice

3 min read
Published 9 February 2020

By DAVID MACDONALD
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It’s not as easy as it sounds is usually one of the first responses I get when I ask why the female genital mutilation (FGM) law has not been implemented. And understandably so.

Recently, a 12-year-old girl died in Egypt after being subjected to FGM, yet the practice was criminalised in the country in 2008.

FGM is prohibited in at least 28 African countries, six with separate statutes or policies against the female ‘cut’ and other harmful practice, but mostly inadequate and seldom enforced.

In countries such as Ethiopia, Kenya, Sudan, Central African Republic and Uganda, the enforcement of these laws has often resulted in pushing the practice underground and across borders to avoid prosecution.

For instance, strong legislation in Uganda is undermined by women crossing or being taken across the border into Kenya to undergo FGM.

In Egypt, FGM has now been medicalised; it is performed by medical professionals. Some 1.5 million girls and women are cut by healthcare providers — 1.2 million of them doctors — as was the case with the girl, who, reports say, was taken to the medic by her parents.

At least 200 million girls and women alive today have undergone a form of FGM, and 15 million more girls aged 15-19 could be subjected to it by 2030.

Among the many myths surrounding FGM is that it’s a religious rite of passage. It’s a cultural tradition practised by communities of different faiths.

The female ‘cut’ has its roots in the sexism and gender inequality of strict patriarchal societies.

It’s born of a perceived need to control women’s sexual freedom; to make ‘pure’ and well-behaved daughters and wives of them.

Even where it’s illegal, a girl who hasn’t been ‘initiated’ may face stigma. In many contexts, it’s essential for marriage.

Ending FGM is an arduous task. But times are changing. Girls are learning increasingly more about the law, their rights and their bodies.

Advocates and activists in the affected countries are boldly speaking out, spreading awareness of its harmful effects and encouraging new rituals.

Enacting laws alone will do little to end the practice. It requires persuading families, communities and religious leaders that it is not a necessary part of a girl’s coming of age and that, ultimately, it will no longer be accepted or tolerated.

A key element to this approach is to give young people a voice in this process, to involve, particularly girls, and empower them to claim their rights to a safer, more fulfilling life.

In the bygone days, genital cutting was an initiation rite for girls, to prepare them for their future. It’s now controversial and, hence discreet.

The victims are getting younger, making them less likely to discuss it. We need to empower girls to challenge the discrimination.

FGM also has lasting physical and mental consequences. ‘Cutting’ is a violation of children’s rights: to physical integrity and good health, and freedom to make choices, and even the right to be educated.

It is imperative that we keep pushing, lobbying, advocating and, most importantly, empowering girls and young women to call out FGM.

It will then be easier to push for the implementation of the law.

Mr MacDonald is Plan International’s director, North and East Africa.