A conviction in Edo State resulted in a fine of 1,000 naira ($10) and a six-month prison sentence. While opponents of the practice welcome laws like this as a step in the right direction, they have so far criticized the low fine and lack of enforcement. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by General Assembly resolution 39/46 (entered into force in 1990) and opened for signature, ratification and accession. The Committee against Torture makes it clear in its general comment No. 2 that female genital mutilation falls within its mandate. Both the UN Special Rapporteur on Violence against Women and the UN Special Rapporteur on Torture have recognized that FGM may constitute torture within the meaning of this Convention. In addition, half of the 22 countries with anti-FGM laws had a legal obligation to report their knowledge about FGM. The NGO argues that all countries should extend the responsibility to report FGM so that those that do not can be prosecuted. Regarding medicalized FGM, it is specifically criminalized in only 9 African countries, while some laws, on the contrary, provide “loopholes” for FGM practiced by health professionals (former Egypt). (Aha Foundation, 2019) In February 2006, a law against female genital mutilation was adopted. Law No.
2005 of —– provides that the first chapter defines FGM Chapter two provides for the penalty for those who perform FGM, whether in the traditional or modern structure (Article 8) Article 9 provides for a prison sentence of 6 months to 2 years and/or a fine of 300,000 to 1,000,000 francs. Article 10 provides: that those working in the medical field receive the maximum penalty for performing FGM. Laws against female genital mutilation are the most widespread on the African continent. 28 African countries have enacted specific laws or legal provisions against female genital mutilation. Law No. 02-044 on reproductive health, adopted on 24 June 2002, prohibits FGM, while Decree 04-019 incorporates the Maputo Protocol into a law that provides that a number of countries where FGM is commonly practised have laws that explicitly prohibit it. However, the quality of these laws and the level of protection they offer range from marginal (e.g. Togo) to good (e.g. Burkina Faso and Ghana). Some countries have laws that, although not specifically addressing FGM, could be used against the practice. However, most countries do not have laws against FGM.
(See table at the end of the report, which also includes information on outreach programs in all countries.) Nine of the countries examined below have specific national laws against FGM. Some countries have passed laws against the practice at the state and local levels. Although Nigeria has no national law, it has a number of state laws against the practice. Similarly, a Somali government, Puntland, has passed a law against FGM. Egypt has no national law against the practice, but has a ministerial decree prohibiting the practice. However, even in countries where laws exist, there have been very few cases of decisions (and penalties imposed on those who pay excise duty). Enforcement of FGM laws is extremely lax or non-existent in most countries. In addition, cultural norms in these countries or regions often mean that women are unwilling to discuss FGM (let alone seek protection or compensation from the law). The following country-specific discussions confirm this. 1. Burkina Faso A law prohibiting female genital mutilation was enacted in 1996 and entered into force in February 1997.
However, even before that law, a presidential decree had established the National Committee against Female Circumcision and imposed fines on those responsible for abducting girls and women. The new law provides for tougher penalties. According to the law, a person who performs FGM can be sentenced to imprisonment from six months to three years and/or a fine of 150,000 to 900,000 francs (approximately US$240 to US$1,440). If death follows, the prison sentence is five to ten years. Similar penalties apply to those who apply, incite, or promote FGM by providing money, property, moral support, or other means. The penalties are applied to the full extent of the law if the offender belongs to the medical or paramedical profession. In addition, the judge may prohibit the guilty party from practising his profession for a maximum period of five years. The law imposes a fine of 50,000 to 100,000 francs (about 80 to 160 US dollars) on anyone who knew that the criminal behaviour would take place and failed to notify the relevant authorities. Since the law was passed, there have been 60 convictions of screws and accomplices, resulting in imprisonment or fines. The prison sentence for the cisers ranged from one to ten months. A circumciser was sentenced to ten months in prison for cutting two girls.
Accomplices were also sentenced to prison terms. Both were fined between 10,000 and 50,000 francs (approximately 15,000 to 80 US dollars). In a number of cases, prison sentences have been suspended. 2. Central African Republic In 1996, the President issued an ordinance banning FGM throughout the country. It has the force of national law. Any violation of the ordinance is punishable by imprisonment from one month and one day to two years and a fine of 5,100 to 100,000 francs (approximately 8-160 US dollars). We are not aware of any arrests made under the law. 3. Côte d`Ivoire A law of 18. December 1998 stipulates that violation of the integrity of a woman`s genitals by total or partial ablation, excision, desensitization or any other procedure is punishable by imprisonment of one to five years and a fine of 360,000 to two million Swiss francs (approximately US$ 576-3,200).
The penalty is five to twenty years` imprisonment if the victim dies, and up to five years` disqualification if the procedure is performed by a doctor. Prior to the enactment of the 1998 Act, existing provisions of the Penal Code could be used to prohibit the practice. However, despite laws governing crimes against the person, there have been no Ivorian cases in which women have challenged the practice in court. Prior to the adoption of the 1998 law, the possibility of enforcing a law at the village level, where the practice is most likely to take place, was almost nil. The close connection of this practice with religion and witchcraft made it virtually impossible to report and prosecute cisors. In addition, the government had no interest in imposing existing laws on reluctant families and antagonizing elders and village chiefs who are the custodians of tradition. That started to change. After the adoption of the law in 1998, the Government and the various NGOs and institutions fighting against this practice gave themselves time to conduct information and education campaigns before calling for the law to be implemented. In 1999, the Association ivoirienne pour la défense des droits de la femme (AIDJ) launched an intensive campaign to inform the population, law enforcement and local authorities of the existence of the law.
