UNFPA Regional Office for West and Central Africa

Analysis of Legal Frameworks on Female Genital Mutilation in Selected Countries in West Africa

Analysis of Legal Frameworks on Female Genital Mutilation in Selected Countries in West Africa 4 Table ofContents Analysis ofLegal Frameworks onFemale GenitalMutilation 3.2.9 3.2.8 3.2.7 3.2.6 3.2.5 3.2.4 3.2.3 3.2.2 3.2.1 3.2 3. 2.4 2.3 2.2 2.  1.7 Terminology 1.6 1.5.3 1.5.2 1.5.1 1.5 Methodology 1.4 1.3.5 1.3.4 1.3.3 1.3.2 1.3.1 1.1 1. Introduction Acronyms Acknowledgements Preface 3.1 2.1 1.3 Background 1.2 Analysis ofnational legal frameworks onfemale genital mutilation Female genital mutilation ininternational humanrightsmechanisms National laws against female genital mutilation guarantees Constitutional Recommendations ofUniversal Periodic Review Recommendations oftreaty monitoringbodies Ratification status Female genital mutilation asahumanrightsviolation andlimitations Scope Aim ofthispublication Prevalence offemale genital mutilation inWest Africa Female genital mutilation Consent ofgirlsand/orConsent women Attempt female toperform genital mutilation Types of female genital mutilation prohibited How national laws define female genital mutilation National laws’ for termsused female genital mutilation Illegality amongminors only Applicability ofnational law Different ofnational laws types oflawsDrafting through aconsultative process study Case researchDesk andinterviews selection Country Implementation at thenational level UNFPA-UNICEF JointProgramme African toeliminate commitment female genital mutilation toeliminateGlobal commitment female genital mutilation of international humanrightslaw Female genital mutilation intherealm

37 36 34 33 32 32 31 30 30 30 27 26 25 23 22 21 20 19 19 18 18 18 18 17 16 16 15 14 14 14 12 11 10

9 8 6 Table ofContents Bibliography Annexes Notes 5.4 5.3 5.2 5.1 5. Conclusion 4.14 4.13 4.12 4.11 4.10 4.9 Sentences 4.8.2 Accomplices 4.8.1 Cutters 4.8 4.7 4.6 4.5.3 Offenders 4.5.2 Penalty 4.5.1 4.5 4.4 4.3 4.2 4.1 4. 3.8.2 3.7 3.6 3.5 Offenders 3.4.2 3.4.1 3.4 Penalties 3.3.2 3.3.1 3.8 3.3 Burkina Faso study case Efforts tocriminalize female genital mutilation in Mali and Sierra Leone Free telephoneline Challenges intheimplementation ofthelaw Public hearings patrolsCommunity Capacity sector buildingofthejustice Amending thePenal Code 3.8.1 A way forward researchRecommendations for further practices fromGood BurkinaFaso genital mutilation Key elementsfor strong legal frameworks onfemale cases Court Knowledge ofthelaw National law against female genital mutilation Historical perspective guarantees Constitutional Ratification status Prevalence offemale genital mutilation inBurkinaFaso Implementation ofnational laws prohibiting female genital mutilation Enforcement ofnational laws prohibiting female genital mutilation Extraterritorial clause 3.7.2 3.7.1 Definition, types and types female Definition, genital mutilation amongminors Government budget tofemale allocated genital mutilation on female genital mutilation Policies, national strategies andaction plans Aggravating circumstances General provision Efforts in Sierra Leone Efforts in Mali Countries where court cases took place took cases whereCountries court forMechanisms reporting

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79 72 71 70 67 66 64 63 61 60 60 59 58 58 57 57 56 56 56 56 55 55 53 53 52 51 50 49 47 47 46 45 45 45 42 41 40 40 38 37 37

5 6 Preface Analysis ofLegal Frameworks onFemale GenitalMutilation prevalence rates intheworld like Sierra Leone, Guinea, MaliandtheGambia. thisincludescountrieswithsomeofthehighestnationalrampant, West andCentral Africa ishometomany countrieswhere FGM isstill educate people, thereby working toprevent rather thantopunishalone. Faso tochange gives tool usinsightinhow laws asauseful attitudes and used canbe and‘owned’discussed bythat are the people affected study ofBurkina by them.Thecase For laws tohavebe widelyunderstood, theyto need positive asignificant impact, change isunlikely to have apositive effect andcan even drive thepractice underground. rooted traditional practice. Strong law enforcement topromote withoutefforts social law alone-even onethat iseffectively enforced -isnotenoughtoeliminate thisdeeply ridicule anddifficultyinfindingahusband fortheir contexts, daughters. Insuch a having they andtheirfamilies willface exclusion, sanctions suchassocial social disapproval, requiresor society practicing themtocontinue FGM andfear that ifthey donotconform, theythem, butbecause think that they have nochoice. They believe that theircommunity notingthat parentsIt isworth donothave theirdaughters cutwiththeintenttoharm effective,it tobe thelaw andenforced.be implemented must prosecution. Having steptowards anational law isanimportant endingFGM butfor legislation canencourage who fear whowishtoabandonitanddeterthose those the practice willnolonger tolerated. be Where FGM isalready contested, socially When a governmentabandonment. criminalizes FGM, it a sends clear signal that We know that alegal framework that clearlyoutlaws FGM its cansupport arecommunities experiencing also highpopulation growth. toFGM ofgirlssubjected number absolute islikely to grow, affected most since Although FGM prevalence the is slowly but steadily all countries in declining, almost and inseveral Nations United Resolutions. forms ofFGM worldwide isclearlyreflectedDevelopment in Sustainable GoalNo. 5 harming theirlives inmany ways. toeliminate all ontheneed Theglobalconsensus ofgenderand aperpetuation anddiscrimination inequality against women andgirls, FGM healthandintegrityofwomen andgirls. the rights, aresult both constitutes Female genital mutilation (FGM) internationally recognized hasbeen asaviolation of Analysis ofLegal Frameworks onFemale GenitalMutilation development oftheircommunity, –ultimately usall. benefitting andcountry society girlsandwomen torealizeenables tothe andcontribute potential theirrightsandfull practices like FGM, includingby creating anenablingpolicy andlegal environment that governments toeliminate tosupport harmful committed andotherpartners their effective implementation are always UNFPAsolutions. ofthese part remains national strategies costed and but laws, policies, and withincountries between to reflectas inspiration.but it can serve need the differences Solutions a blueprint, or goodpractice from cannotalways as onecountry toanothercountry applied be practice that is neither uniform in its form, rationale extent, nor in its legality. A law remains widespread inourregion. inmany countries FGM rooted isadeeply traditional themany globalandnationalDespite topromote efforts itselimination, FGM still framework are andcollaboration sector withthejustice allcrucial. and policy implementation, ofastrong aswell astheestablishment institutional leadership,political includinghaving legislation anational budget linetosupport implementation TheBurkinaFaso andenforcement. studyshows case us how strong of laws even andcontent andperhaps types more crucially, large variation intheir exceptions. that have Amongthecountries criminalized FGM, there isvariation inthe in Westthat countries most and Central Africa have laws against FGM, with a few West andCentral Africa (WCARO) thisanalysis.shows Thereport commissioned the effective implementation oflawsagainst FGM, theUNFPAOffice Regional for To understand better thevariation legal frameworks, inthese andtoencourage in strengthening theirlegal andpolicy frameworks. elimination ofFGM, focusing onleveraging countries change social whilesupporting Mutilation/Cutting: Accelerating Change. We take aholisticapproach tothe years, includingthrough theUNFPA-UNICEF JointProgramme onFemale Genital UNFPA theelimination ofFGM hassupported inourregion andbeyond for many environment inplace that protects andempowers girlsandwomen. anddignity.of opportunities achieved Thiscanonlybe ifthere isalegal andpolicy child marriage andby keeping we helpensure themingood healthandinschool, alife philosophy of ‘leaving behind’. no-one By protecting girls from violence, FGM and UNFPA works toimprove thelives ofwomen andyoung undertheoverriding people UNFPA Regional Officefor West andCentral Africa Regional Director Mabingue Ngom

7 8 Acknowledgements Analysis ofLegal Frameworks onFemale GenitalMutilation Graphic Design: LSGraphic Design: Graphic Design Translator: Eriksen Translations Inc. Editor: Biotext Dr.Author: AnnemarieMiddelburg Norway, Kingdom. andtheUnited Sweden FGM: theEuropean Union,Finland,Germany, Ireland, Iceland, Italy, Luxembourg, following governments andinstitutionsfor theirgenerous towards support ending organizationssociety inWest andCentral Africa inparticular. UNFPA thanks the and extend ourgratitude togovernments, regional parliamentarians, andcivil bodies In recognition oftheirtireless work towards endingFGM, we wishtoacknowledge published. was Coly Knipping Bolinger andElisabeth instrumentalingetting thisreport atWilson UNFPA from WCARO Thesupport Headquarters. Lauren colleagues at UNFPAAnandita Philipose WCARO andfrom Nafissatou DiopandEmilieFilmer- Further invaluable inputs wereto the report received from Mutali and Beatrice Obinna (Nigeria); Lydie Sanka (Senegal) Alpha from andBetty theSierra Leone office. Matsinkou (Mali); Khadijetou CheikhLo (Mauritania), NkiruIgbokwe andDamilola Pierre Makelele andEdnilson Dacostablute (Guinea-Bissau); Nana Toure andClaire Burkina Faso office; country Fatou Kinteh (theGambia); FantaWague (Guinea);Jean Lacina Zerbo from elementsofthereport: informed the thecountry andshaped We express oursincere gratitude totheotherUNFPA who colleagues country inthereport. named the interviewees UNFPA Representative Edwige Adekambi, who facilitated thefield research andall We teamofBurkina office wishtoacknowledge and thankthecountry led Faso by Ouedraogo andWCARO management senior provided overall guidance. at UNFPA WCARO. TheTeam Leader andYouth oftheAdolescents MrIdrissa Unit, and coordination guidance technical of Meike Keldenich, Technical FGM Specialist Itwas authoredGenital Mutilation/Cutting. by Dr. AnnemarieMiddelburg underthe analysis withintheframework oftheUNFPA-UNICEF JointProgramme onFemale The UNFPA West andCentral Africa (WCARO) Regional Office developed this Analysis ofLegal Frameworks onFemale GenitalMutilation Acronyms WHO VAPP UPR UNICEF UNFPA TMB SP SDG NGO MICS HRC FGM EMC DHS CNLPE CEDAW ACHPR AU

World HealthOrganization AgainstViolence Persons (Prohibition) Universal Periodic Review NationsUnited Children’s Fund NationsUnited Population Fund Treaty Monitoring Body Permanent Secretariat Sustainable Development Goal Non-Governmental Organization Multiple Indicator ClusterSurvey Human RightsCouncil MultisectoralContinuous Survey Demographic andHealthSurvey Practice ofExcision National for Council theFightagainst the of Discrimination Against Women Convention ontheElimination ofAllForms onHumanandPeoples’African Charter Rights African Union Female genital mutilation

9 Introduction

01

© C.Healy for UNFPA Senegal Analysis ofLegal Frameworks onFemale GenitalMutilation target countriesachieve theirtargets, 4milliongirlswillbeprotected from FGM. girls willbesubjecttoFGM by 2020. However, This number isstaggering. ifthe17 interventions andfinancial resources remain thesameordecline, over 15.2million scaling uptheabandonmentofharmful practices suchasFGM. Ifprogrammatic There iscompellinginformation for theneedtocontinueaccelerating and practitioners Demographic onfemale perspectives genital mutilation of2015concluded: next 15 years. Nations A United Population Fund (UNFPA) publication on the of girls and womennumber undergoing FGM will significantlyrise over the to keep upwithincreasing population growth. Iftrends continue, the widespread oftheworld andcurrent inmany parts progress isinsufficient global andnational topromote efforts itselimination, FGM still remains girls andwomen have toFGM subjected been worldwide. data ongirlsyounger than15years), that itisestimated at least200million Although theactual remains number unknown (mainlyduetoalack ofreliable practice takes place withit. andtheritualsassociated terms oftheageextent inwhichthe thesetting at cutting, ofcutting, FGM inavariety occurs ofcultural contexts, withsignificantdifferences in problemsgynaecological (suchpsychological asfistula), effects, anddeath. (affectingduring childbirth both themotherandchild),long-term effects These severegirls. include infectionscomplications and pain,shock, has devastating short- andlong-term impacts onthelives ofwomen and FGM isareproductive andahumanrightsviolation that healthconcern ofcontrollingmethod thesexuality ofwomen andgirls. FGM asarequirement isseen for marriage, andisbelieved aneffective tobe non-medical reasons.non-medical external tothefemale orotherinjury genital female organs, genitalia, for Female genital mutilation (FGM) involves ortotalremoval thepartial ofthe 1.1 Female genital mutilation 2 on girls between infancy on girls between and the age of 15. In many cultures, 1 The practice by is traditionaltypically performed 3 Despite themany Despite 4

11 12 Figure 1:National FGM prevalence years inWest women aged 15–49 Africa, Analysis ofLegal Frameworks onFemale GenitalMutilation 100% 20% 40% 60% 80% 0%

Senegal 22,7%

Nigeria 24,8% years) whohave experienced any form ofFGM”. percentage as“the MICS ofgirlsandwomen ofreproductive age (15–49 Cluster Surveys (MICS). Prevalence ofFGM defined by DHSand hasbeen sources: Demographic andHealthSurveys (DHS) andMultipleIndicator Nationally representative data onFGM are mainlyavailable from two 1.2 surveys allow thecalculation ofFGM prevalence amongthisage group. Another reason the 15–19 touse age group isdata availability. Allhousehold FGM (new FGM incidence anditfocuses recently cases), ongirls most cut. practice. Also, theindicator at looking the15–19 age group to istheclosest prevalence of FGM the girls are because still at risk of undergoing this andcantherefore girls, of these result oftheactual inunderreporting that measure girlsyounger than age 15onlyreflect the current FGM status girls aged 15–19 astheindicator tomeasure FGM prevalence. Indicators not capture recent changes inFGM prevalence. Therefore, UNFPA uses who havegirls and women aged 15–49 experienced any form of FGM—does definitionof The widelyused FGM prevalence—thatpercentage the is, of aged 15–49years) inthisstudy. included intheninecountries an overview recent ofthemost FGM prevalence data (of girlsandwomen show awidevariation inFGM prevalence across Figure countries. 1provides

Guinea-Bissau Prevalence offemale genital mutilation inWest Africa 44,9%

Mauritania 66,6%

Burkina-Faso 67,6%

The Gambia 74,9% 82,7%

Mali 5 Data onFGM prevalence

Sierra Leone 89,6%

Guinea 96,9% 7 6

Table 1: Introduction was by conducted theNational InstituteofStatistics andDemography inBurkinaFaso in2015. differentage groups, thistable refers tothe FGM prevalence data 2011. Burkina oftheMICS data:Faso TheEMCisasurvey that Mauritanian data: Thenational FGM prevalence data ofMauritania from the notspecify the2015MICS. does the2015MICS Since DHS, Demographic andHealthSurvey; EMC, Multisectoral Continuous Survey; MICS, MultipleIndicator ClusterSurvey. Guinea High-prevalence countries Mali The Gambia Sierra Leone Mauritania Burkina Faso Medium-prevalence countries Guinea-Bissau Senegal Nigeria Low-prevalence countries Country aged 15–19 Prevalence offemale genital andgirls mutilation inWest women aged 45–49 Africa, countries (less than 20 per cent national cent prevalence). than20per (less countries (20–60 national cent countries prevalence) per andlow-prevalence (with more national cent prevalence), than60per medium-prevalence form ofFGM, UNFPA intohigh-prevalence countries hasdivided countries having onthepercentageBased ofwomenexperienced aged 45–49 any rate that amongyoung abandonmentofFGM girls suggests isunderway. years (aof women aged 45–49 difference). cent 20per Thelower prevalence ofgirlsaged 15–19cent have undergone FGM, compared with35.8 cent per years (aof women aged difference). 45–49 cent per 15.3 45 InNigeria, per ofgirlsaged 15–19cent have undergone FGM, compared with87.4 cent per amongyoungermany countries For girls. example, inBurkinaFaso, 42.4 per women (aged andyoung 45–49) girls(aged 15–19), prevalence hasfallen in Table theFGM whencomparing 1shows that, prevalence amongolder groups—reflecting change.recent differences in FGM prevalence the between rates age youngest andoldest as well astheprevalence amonggirlsaged 15–19. Thisclearlyshows the overview ofthiscategorization inthisstudy, included intheninecountries 99.6 83.9 75.9 97.8 75.2 87.4 45.2 26.0 35.8 aged 45–49 Percentage ofwomen 94.0 83.1 76.3 74.3 65.9 42.4 41.9 20.6 15.3 aged 15–19 Percentage ofgirls 8 2012 DHS 2015 DHS 2013 DHS 2013 DHS 2011 MICS 2015 EMC 2014 MICS 2016 DHS 2013 DHS Data source Table 1provides an 9

13 14 Analysis ofLegal Frameworks onFemale GenitalMutilation eliminating FGM of1997 NationsUnited agencies—for example, intheinter-agency statements on under international humanrightslaw. reinforced Thishasbeen by various Elimination ofAllForms ofDiscrimination Against Women (CEDAW) andthus againstviolence women asfalling oftheConvention underthescope onthe of Discrimination Against Women. explicitly The Committee included intensifying global efforts globalefforts intensifying for theelimination of female genital mutilations, Nations theUnited General adopted Assembly resolutionIn 2012, 67/146 on addressed below. Nations resolutions, general recommendations whichwillbe andreports, wasThis landmarkglobalcommitment by proceeded several United of SDG5:“Achieve gender allwomen andempower girls”. equality such aschild,earlyandforced marriage andfemale genital mutilation” FGM clearlyreflected isalso intarget 5.3, “Eliminate practices, allharmful No. 14 onfemale circumcision events Landmark the 1990s. includetheadoption ofGeneral Recommendation NationsThe United hasclassified FGM asa against form ofviolence women in 1.3.1 1.3 General Recommendation onHarmful Practices. Women ontheRightsofChildadopted aJoint andtheCommittee In 2014, on the Elimination the Committee of Discrimination Against Development. Development Goals(SDGs) andadopted the2030Agenda for Sustainable 2015,In September theinternational agreed community totheSustainable 1.3.2 towards elimination ofFGM withinageneration. against women”. “historic” and“an step towards important aworld free from violence NationsUnited Secretary-General theresolution called BanKi-moon Introduced by African theresolution States, was adopted by consensus. reaffirmed by resolution 69/150 in2014 on violence againston violence women common commitment of United Nations ofUnited commitment common agencies women andgirlsfrom thisform ofviolence, andto endimpunity”. enforcing legislation, to prohibit female genital mutilations and to protect States were urged measures, includingenacting and to“take allnecessary forcalled stronger toendthepractice. globalefforts Inthis resolution, FGM. Theresolution emphasized that FGM isahuman rightsviolation and rights law Female genital mutilation intherealm ofinternational human Background Global commitment toeliminateGlobal commitment female genital mutilation 15 The global consensus on the need toeliminate allforms onthe need Theglobalconsensus of 19 Theresolution shows growing toend commitment 12 and2008. 11 (1992) by ontheElimination theCommittee 10 (1990) andGeneral RecommendationNo. 19 13 These statements These expressed the 17 andresolution in2016. 71/168 21 In this document, both both Inthisdocument, 14 to continue working working tocontinue 20 18 16

Introduction eliminate practices”. harmful to ensure withtheirobligations compliance full undertheconventions to on legislative, policy andotherappropriate measures that taken mustbe Convention ontheRightsofChildby providing “authoritative guidance theobligations clarified ofStatecommittees totheCEDAWParties and preventing andeliminating FGM , in practices andmajorchallenges Good thereport Human Rightsissued In March 2015, oftheUnited CommissionerNations High theOffice for welfare, dignity, normalgrowth anddevelopment ofthechild”. measures toeliminate andcultural social harmful practices affecting the Child was adopted. Thistreaty calls onStates to“take allappropriate many years. In1990, ontheRightsandWelfare theAfrican Charter ofthe The African Union(AU) engaged toeliminate hasbeen inefforts FGM for 1.3.3 accelerating theelimination against ofgender-based violence women. providedthe Committee at aimed guidance State Parties withfurther international law. anormofcustomary women hasbecome Furthermore, explainedCommittee that theprohibition against ofgender-based violence InthisgeneralRecommendation No. recommendation, 19of1992. the No. Against Violence Women, 35onGender-Based updating General Discrimination Against Women adopted General Recommendation recentlyMost inJuly2017, ontheElimination theCommittee of on theelimination offemale genital mutilation inJuly2016. NationsThe United (HRC) HumanRightsCouncil adopted aresolution strengthen legal sanctionsandcivilremedies. againstgender-based violence women are criminalized, andtointroduce or recommendedThe Committee that State Parties ensure that all forms of necessary legislative andothermeasuresnecessary toensure that FGM iseliminated. “Elimination of Harmful Practices”, obliges State Parties to take all applicable inAfrica in which FGM Article mentioned. 5, isspecifically The Maputo Protocol is theonlylegally binding humanrightsinstrument and Peoples’ Rightsonthe ofWomen inAfrica (Maputo Protocol). the AU adopted Assembly theProtocol onHuman totheAfrican Charter free from female genital mutilation”. protect therightof obligation andfulfil womengirlstolive torespect, its strictapplication. withinternationalconsistent humanrights law, andtotake toensure steps andurgedand girls, States toadopt national legislation prohibiting FGM, resolution, theHRC recognized FGM asanact against ofviolence women African toeliminate commitment female genital mutilation 26 23 22 which also emphasized whichalso that “States have an

24 28 29 25 In2003, Inthis 27

15 16 Analysis ofLegal Frameworks onFemale GenitalMutilation and institutionalenvironment conducive toFGM elimination, One oftheJointProgramme’s focus areas iscreating anenablingpolitical strategically leveraging towards dynamics social theabandonment ofFGM. adopts aculturally sensitive approach, andhumanrightbased while undertaken at thenational andregional levels. TheJointProgramme the JointProgramme andaccelerate already efforts aimstosupport being the youth, professionals, medical andotherkey communities stakeholders, withnational governments,in partnership civilsociety, religious leaders, abandonment ofFGM andtoprovide care Working for itsconsequences. implementation through study. acase and draw outkey elementsofastrong legal framework on its effective analyse thelegal frameworks onFGM for inWest ninecountries Africa, Joint Programme 17 currently countries supports Accelerating Change (the JointProgramme), initiated in2008.The UNICEF JointProgramme onFemale GenitalMutilation/Cutting: toeliminateThe commitment FGM exemplified isalso by theUNFPA- 1.3.4 existing literature inthisfield, andstudies implementation andenforcement laws ofthese against FGM. Drawing on andlegislation. However,policies muchvariation exists intheefficacy of are introducing also national andfunding budget toimplementFGM lines Nigeria adopted national laws criminalizingFGM in2015. More countries practice ofFGM. recently, Most thegovernments oftheGambiaand developed and initiated legal measures and reforms prohibiting the against FGM.and adopted policies Many inWest countries Africa have alarge the1990s, Since have ofcountries number enacted legislation risk ofundergoing FGM, remains at the national level. into effective positiveaction, andbring change tothegirlsand women at the end,challenge toensure that humanrightsstandards are translated the implementation oflegislative frameworks at aimed eliminating FGM. In legal frameworks. Inaddition, States shouldallocate sufficientto resources national levels and local to monitor adherence toandimplementation of these andtoputinplace adequate at mechanisms policies, accountability the implementation and monitoring of legislation, law enforcement and national States are implored aconcrete toestablish national for mechanism the To ensure theeffective implementation ofnational laws prohibiting FGM, of national legislation, includingtheprosecution ofperpetrators ofFGM. States are urged toprohibit FGM by theenactment andeffective enforcement 1.3.5 national strategiescosted andbudget onFGM. lines for developing support includes andimplementinglegislation, policies, UNFPA-UNICEF JointProgramme onFGM/C Implementation at thenational level 32 this report willpresent thisreport and 30 to accelerate the 31 which Introduction 3 Women saying notoFGM in Mauritania change. light ofthelack ofresearch ontherole oflegislation inpromoting behaviour The effectiveness oflaws toend in particularly questioned, been FGM has 1.4 and legislative review, change andthesocial that shouldaccompany them. researchin-depth level at andanalyses thecountry onlaw implementation lays also Thispaper countries. in theselected thegroundwork for further wanting toexamine andcompare thedifferent legal frameworks inplace that addresspolicies FGM. asareference Thisstudyserves for those advocates, policymakers, andallothers involved inlaws, programmes and judges, prosecutors, Government police, ministries, humanrights officials, for asguidance toserve intended legislators, lawyers, parliamentarians, changesocial toaccompany that laws needs Itis andtheirenforcement. enforcement andreview ofeffective legislation on FGM, and for the toongoingThis publication advocacy contributes for thedevelopment, Periodic Review (UPR) regarding legal andpolicy frameworks onFGM. governments by treaty (TMBs) andduringtheUniversal monitoringbodies impunity. gives Italso overview a detailed of therecommendations made to topracticeLaws whocontinue bringthose also FGM tojustice, andend effectivelybe enforced, and work toprevent thepractice fromcontinuing. and educate people. demonstrates This report that laws against FGM can todissuade, stepthat serves create andnecessary discussion important criminallaw,to abandoningthepractice—legislation, particularly isan where contexts—especially therecertain isstillwidespread resistance ineffectiveand canbe counterproductive. or Althoughthisistruein Aim ofthispublication 33 Critics argue Critics that thelegal prohibition fails toact asadeterrent,

17 18 Analysis ofLegal Frameworks onFemale GenitalMutilation 3 Representatives theirabandonmentofFGM declaring inSenegal of52 communities development ofstandardized fact country (annex sheets 8) research Thedesk legal resulted andpolicy context. inthe andinterviews questionnaire), UNFPA staff working on country FGM sharedcountries’ their research found canbe inannex 1. Through annex (see interviews 2for the legal reports, and policy in the desk instruments documents, included with an extensiveThe analysis started research. desk The literature, 1.5.2 FGM prevalence, andwas therefore included. also Sierra Leone is not in the Joint Programme, but experiences high national Guinea-Bissau, Nigeria Guinea, Mali, and Senegal. Mauritania, the Gambia, by the Joint Programme: supported the eight countries Burkina Faso, in WestNine countries Africa were for selected this analysis, including 1.5.1 1.5 Faso was one of thefirst tocriminalizecountries African FGM. The record intheapplication of thelaw criminalizingFGM (chapter 4).Burkina Burkina Faso was of its unique track asstudybecause a case chosen 1.5.3 ofthelegal frameworksof themainaspects onFGM inallninecountries. acomparative whichincludes analysis as inputfor chapter3ofthisreport, Desk researchDesk andinterviews selection Country Methodology Case study Case 34 that were used Introduction legislation issystematically andeffectively enforced, Faso isinternationally recognized asoneofthefew where countries FGM 2014. recognized withtheWorld Future Council’s Silver Future Policy Award in elimination ofFGM are exemplary andunique. The Burkina law was itself implementation ofthelaw andtheGovernment’s approach towards the important inprovidingimportant anenablingenvironment for change, andmaywill continue driven be underground. Alegislative framework is engage FGM inthe practice andfear punishmentifthey social donot, introduced incontexts are inwhichpeople expected stillsocially to behaviour, includingthepractice ofFGM. Whenlaws banningFGM are andexperience tellsusthatHistory laws alonecannotchange social 1.6 with20stakeholdersinterviewing annex (see 3for alistofinterviewees). was ofdata method collection semi-structured The primary in-depth The field research inBurkina 2016.December in Faso conducted was application oftheirlaws against FGM. tostrengthen for seeking asalesson serve othercountries could the 240,000 girls and women from cut in the past 10 being years. of thelaw. Thescholars that estimated thelaw prevented approximately thepassagedrop after inthelikelihood cutinthecountry ofgirlsbeing impact ofthelaw onFGM inBurkinaFaso found evidence for asubstantial in communities. by accompanied otherstrategiesbe that encourage positive change human rights viewpoint, both intermsoftheprocess both andtheoutcome. human rightsviewpoint, the term“mutilation” more accurately thepractice from describes a practice. UNFPA embraces ahuman rightsperspective ontheissue, and The UNFPA adopted theterm“female genital mutilation” torefer tothe 1.7 programme managers working ontheelimination ofFGM intheregion. oflegislationcomparison onFGM, by used advocates whichcanbe and analysis atin-depth thenational level. Theanalysis allows for general it provides anoverview frameworks ofthese andfurther use tosolicit notpropose does revisionsThis report tolegal frameworks. Rather, communities’ toeliminate decisions thepractice. in ways change that tosocial andultimately contribute results in approach. Thechallenge istodevelop, introduce andimplementlegislation 35 Scope andlimitations Scope Terminology In addition, a study conducted in2016by Inaddition, Crismanetal.onthe astudyconducted Ben 39 Therefore, eliminating FGM requires amultifaceted 37 andtheirapproach 38 butitshould 36 Burkina 40

19 Female Genital Mutilation In International Human Rights Mechanisms

02 Analysis ofLegal Frameworks onFemale GenitalMutilation ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ African Youth Charter on theRightsofWomen inAfrica (Maputo Protocol) Protocol onHumanandPeoples’ totheAfrican Charter Rights ontheRightsandWelfareAfrican Charter oftheChild Convention ontheRightsofChild onHumanandPeoples’African Charter Rights(BanjulCharter) Against Women (CEDAW) Convention ontheElimination ofAllForms ofDiscrimination International Covenant onEconomic, andCultural Rights Social International Covenant onCivilandPolitical Rights human rightstreaties, including: humanrightsare in These codified various international and regional right tolife. or degrading Whenthepractice treatment. results indeath, itviolates the practice free violates also therighttobe from torture, orcruel,inhuman out onminors, thereby aviolation constituting oftherightsachild.The girls’ and women’s rightsto physical integrity. FGM is nearlyalways carried contracting sexually transmitted infections, includingHIV. violates Italso FGM increases andmorbidity, theriskofmaternal mortality andof standard ofhealth,includingtherighttosexual and reproductive health. Given impacts, itsharmful FGM attainable violates therighttohighest thesexes,between andisaform ofdiscrimination against women andgirls. of recognizednumber FGM humanrights. reflects inequality deep-rooted although parents theirdaughters—FGM donotintendtohurt violates a practice hasembraced acknowledging thehumanrightsframework, that— freedoms ofgirlsandwomen. Theinternational campaigntoeliminate the internationally recognized asaviolation ofthehumanrightsandfundamental Female genital mutilation (FGM) practice isaharmful that hasbeen 2.1 Female genital mutilation asahuman rightsviolation

21 22 Analysis ofLegal Frameworks onFemale GenitalMutilation and allotherpractices inorder toeradicate them. scarification, medicalisationandpara-medicalisation of female genital mutilation legislative measures backed by sanctions,ofallforms offemale genital mutilation, other measures […]b) toeliminate suchpractices, prohibition, including: through international standards. Parties shall States take legislative allnecessary and negatively affect thehuman rightsof women andwhichare contrary to recognised Parties shallStates prohibit andcondemnallforms ofharmful practices which other measures toeliminate FGM. failing totake toprohibit steps thepractice ofFGM through legislative and Protocol stipulates that: to.treaty isaparty For that theircountry example, 5oftheMaputo article and womencanenjoy intheirjurisdictions outinthe theirhumanrightsset treaty. governments Asaconsequence, have adutytoensure that girls protectset outinthe therights including obligations andfulfil torespect, by bound to be the legallyit consents binding provisions in that treaty, When aState atreaty accepts through ratification, orsuccession, accession measures to prohibit FGM. measures to prevent andeliminate FGM, includingby takinglegislative treaties that are relevant totheelimination ofFGM are obliged totake In otherwords, allStates that have andratified signed humanrights Eight of the nine countries inthisreport Eight oftheninecountries 2.2 this study. date overview oftheratification in included statuscountries ofthenine ratified, the African Youth Charter. Annex 4and Table 2provide anup-to- exception, the Government since of Sierra Leone but not yet has signed, treaties that are relevant tothe elimination of FGM. Sierra Leone is the Ratification status 42 Governments heldresponsible canbe for 43 41 44 have ratified to or acceded 45 all Table 2: FGM InInternational HumanRightsMechanisms Sierra Leone Senegal Nigeria Mauritania Mali Guinea-Bissau Guinea The Gambia Burkina Faso

Country Ratification status, asof 2017October 24 � � � � � � � � � the implementationwithtreaty of and compliance by itsState Parties. experts—a treaty (TMB)—that istasked monitoringbody withmonitoring humanrightstreatiesMost have ofindependent acommittee established 2.3 study onlegal andpolicy frameworks onFGM). recentdetails ofthemost recommendations ofthis intheninecountries recommendations grouped canbe intothree categories (annex 5contains and, more specifically, thelegalpolicy about and framework on FGM. These have made aplethora ofrecommendations togovernments FGM about Nations at theTMBs theUnited In thepastdecades, both andtheAU level not have aTMBtomonitoritsimplementation. relevant totheelimination ofFGM. OnlytheAfrican Youth does Charter Table 3provides anoverview ofthetreaties andrespective that TMBs are International Covenant on Civil and Political Rights Recommendations oftreaty monitoringbodies � � � � � � � � � International Covenant on Civil and Political Rights

Convention on the Elimination � � � � � � � � � of All Forms of Discrimination Against Women � � � � � � � � � African Charter on Human and Peoples’ Rights � � � � � � � � � Convention on the Rights of the Child � � � � � � � � � African Charter on the Rights and Welfare of the Child � � � � � � � � � Protocol to the ACHPR on the Rights of Women in Africa � � � � � � � � African Youth Charter 46

23 24 AU, Africa Nations. Union;UN, United Table 3:Treaties andtheirmonitoringbodies Analysis ofLegal Frameworks onFemale GenitalMutilation Rights International Covenant onCivilandPolitical African Youth Charter of Women inAfrica (Maputo Protocol) Protocol to theACHPR ontheRights of theChild African ontheRightsandWelfare Charter Convention ontheRightsofChild Rights (BanjulCharter) African onHuman andPeoples’ Charter of Discrimination Against Women Convention ontheElimination ofAllForms and Cultural Rights International Covenant onEconomic, Social Treaty of legislation prohibiting FGM. police, other law enforcement ontheapplication officialsandthe judiciary A third category ofrecommendations urge governments the tosupport for the implementation oflaws prohibiting FGM. practices, andtoprovide adequate andfinancial human,technical resources coordination against harmful suchasnational institutions, committees Recommendations have made togovernments been national tosupport in thefieldof countries. FGM elimination, includingwithneighbouring differentbetween andimproved ministries coordination of activities category ofTMBrecommendationsThe second relate tothecollaboration mechanisms. complaints recommended that and reporting States establish further TMBs victims. responsiblethose for practicing FGM, including parents, and to compensate recommendations urge governments toprosecute andadequately punish against FGM inplace toenforce andimplementthemeffectively.Other haveTMBs encouraged governments that already have laws andpolicies that do not havecountries laws in place to explicitly prohibit FGM. Several FGM laws andtheirimplementation.includerecommendations These to First have ofall,TMBs made recommendations togovernments regarding UN /AU UN UN UN UN AU AU AU AU None Rights African onHumanandPeoples’ Commission and Welfare oftheChild ontheRights African Committee ofExperts Committee ontheRightsofChild Rights African onHumanandPeoples’ Commission Discrimination Against Women Committee ontheElimination of Rights Committee onEconomic, andCultural Social Human RightsCommittee Treaty monitoringbody FGM InInternational HumanRightsMechanisms a. Table 4: Total Sierra Leone Senegal Nigeria Mauritania Mali Guinea-Bissau Guinea The Gambia Burkina Faso Country This includes recommendationsThis includes on specifically FGM. moreRecommendations broadly on“harmful (traditional)focusing practices”, “violence against women”,“violence “discrimination against women” and“gender-based violence” are inthis table. notincluded Ratification status, asof 2017October 24 Year implementing laws and policies. FGM, approximately 120ofwhichfocused onreviewing, enacting and During thefirst cycle,211 atotalof recommendations were made on FGM frequently duringthetwo hasbeen previous discussed UPRcycles. for thethree UPRreview cycles for theninecountries. this studyhave intheUPRtwice. included Annex been 6provides overviews the objective ofimproving thehumanrightssituation ontheground. rights obligations and with involvement, with itsfull and commitments, of thefulfilment by each United Nations State Member ofitshuman by Nations the United General in Assembly 2006. It facilitates the review The Universal Periodic Review (UPR) established is a unique mechanism 2.4 made themisinannex 7. frameworks onFGM (69). recommendations All69 that andthecountries of this study,nine countries on legalpolicy and specifically as well as those ofrecommendationsnumber onFGM (116) UPRcycle inthesecond inthe third cycle (2017–2021) hasrecently started. of theUPRcovered 2008–2011 cycle andthesecond in2012–2016. The States underreview humanrightschallenges.Thefirst specific about cycle recommendations tothe andaskquestions raise orcomments, concerns Through aninteractive dialogue, Nations United States canmake Member to overcome challenges totheenjoyment ofhumanrightstheircitizens. have taken toimprove and thehumanrightssituation intheircountries, It gives States underreview tooutlinewhat they steps theopportunity 2016 2014 2015 2015 2015 2013 2013 2013 2013 Recommendations oftheUniversal Periodic Review Recommendations onFGM (no.) 116 19 14 15 13 21 11 8 8 7 49 Table 4 provides an overview of the total a 48 policy frameworks onFGM (no.) Recommendations onlegaland All nine countries included in included Allninecountries 69 10 16 11 6 4 5 5 5 7 47

25 Analysis of National Legal Frameworks on Female Genital Mutilation

03 Analysis ofLegal Frameworks onFemale GenitalMutilation principle”. through law andotherappropriate thepractical means, realization ofthis other appropriate legislation if not yet incorporated therein and to ensure, ofmenandwomen intheirnationalprinciple oftheequality or constitutions discriminationcondemn against womenthe in all its forms, embody and “to Against Women (CEDAW) the obligation establishes ofStates Parties to 2(a)Article of the Convention on the Elimination of All Forms of Discrimination 3.1 with anoverriding andenforceable status”. law in domestic women and is enshrined men and of non-discrimination by otherappropriate legislative between theprincipleofequality means, that “through States must ensure amendments or constitutional that, discrimination and equality in their constitutions; see Table see discrimination intheirconstitutions; andequality 5for anoverview. have inthisreport All ninecountries recognized ofnon- theprinciples Constitutional guaranteesConstitutional 50 Inaddition, CEDAW General Recommendation No. explains 28 51

52

27 28 Table 5: Analysis ofLegal Frameworks onFemale GenitalMutilation Mauritania Mali Bissau Guinea- Guinea The Gambia Burkina Faso Country Constitutional guarantees of non-discrimination andequality ofnon-discrimination guarantees Constitutional discrimination Non- Article 33 Article Article 23 Article Article 8 Article Article 2 Article Article 1 Article Article 1 Article Equality Article 24Article 28 Article Preamble Article 8 Article Article 2 Article Article 1 Article political opinion shall be prohibited. opinionshallbe political origin, color,on social language, race, sex, religion and in rights and obligations. All discrimination founded Every andremain Malian born shallbe free andequal 24.0 23.0 opinions. orreligious philosophical andoftheirpolitical, beliefs their race, of their ethnicity, of their language, of their or disadvantaged of of their sex, of bytheir birth, virtue women have No the one same mayrights. privileged be areAll human beings before equal the law. Men and 28.2 28.1 33.4 33.1 before thelaw. of origin, of race, equality of sex,condition, or of social The Republic assures to allcitizens without distinction women ofBurkinaFaso. for realization of law of the equality men and between RECOGNIZING that thepromotion ofgender isafactor arecaste, wealth andbirth, opinions, prohibited. political race, ethnicity, region, color, sex, language, religion, founded notablythose on Discrimination ofallsorts, all thefreedoms guaranteed by thisConstitution. All have vocation anequal to enjoy alltherightsand areAll theBurkinabe free born inrights. andequal Provision cultural life. in allareas economic, and ofpolitical, social, before equal Men andwomen shall be thelaw belief, conviction. orphilosophical intellectualsex, or cultural social, level, religious withoutdistinctionregardingsame duties, race, have to subject the andshallbe thesamerights, All citizens before equal shallbe thelaw, shall activities. andsocial economic political, in opportunities with men,includingequal Women shallhave therightto treatment equal withmen. the person Women accorded shallbe dignityof andequal full of anothersuchdescription. advantages which are not accorded to persons orare accordednot made privilege subject, or are ofanothersuchdescription which persons are toorrestrictions subjected disabilities to status whereby of persons one such description national origin,property, orsocial orother birth language, religion, orotheropinion, political respective by descriptions race, color, gender, attributablepersons whollyormainlyto their means affording different treatment to different theexpressionIn thissection, “discrimination” before equal shallbe All persons thelaw. Project at theUniversity ofTexas at Austin). ProjectConstitute (https://www.constituteproject.org/search?lang=en; developed by theauthors oftheComparative Constitutions Source: Provisions from thelaws inBurkinaFaso, Mali, Mauritania are andSenegal Guinea, translated from French toEnglishby the Analysis ofNational Legal Frameworks onFGM against allphysicalagainst mutilations” development ofhis personality, tocorporeal integrity, notably toprotection “Every individualhas therighttolife, to liberty, tosecurity, tothefree Sierra Leone Senegal Nigeria Country discrimination Non- Article 27 Article Article 15 Article Article 5 Article forbids “physical mutilations” 7: inarticle Ghana protect women andgirlsagainst FGM, asis—for example in —thecase inthisstudyspecifically oftheninecountries None oftheconstitutions activities. andsocial economic inpolitical, treatmentto equal opportunities withmen,includingequal dignityoftheperson withmen”equal andthat women shallhave the right “Rights ofWomen”be “women shall accorded thatfull and that specifies provision oftheGambiahasaspecific Constitution 28) entitled (article two separate provisions that Itisnoteworthy the intheirconstitutions. one provision whereas in their constitutions, have the other countries Leone) merged —into andequality —non-discrimination principles both As Table Mali, Mauritania four 5shows, (Guinea, andSierra countries 53 andEthiopia. Equality Article 27 Article Article 17 Article Article 7 Article 54 The Senegalese Constitution, however, Constitution, TheSenegalese explicitly 27.3 7.00  5.00  17.2 15.2 Provision accorded to ofanothersuchdescription persons are accorded privileges oradvantages whichare not or areanother suchdescription notmade subject, to orrestrictions disabilities to of whichpersons are ofonesuchdescription persons subjected orcreed color opinions, whereby of origin,political respective by descriptions race, tribe, sex, place attributablepersons whollyormainlyto their means affording different treatment to different theexpressionIn thissection “discriminatory” obligations and opportunities beforeobligations thelaw. andopportunities Every citizen shallhave ofrights, equality prohibited. shallbe linguistic associationorties of place oforigin,sex, religion, status, ethnicor encouraged, whilstdiscrimination onthegrounds Accordingly, national integration actively shallbe and Women are inright. equal areAll humanbeings before equal thelaw. Men integrity by oftheRepublic ispunished thelaw. oftheStatethe internal security ortheterritorial as well as any regionalist propaganda infringing Any act ofracial, ethnic, orreligious discrimination,

29 30 Guinea (1965) 1968 Analysis ofLegal Frameworks onFemale GenitalMutilation Figure 2:Timelineofadoption oflaws prohibiting female genital mutilation 1972 1977 a new law oramend anexisting law. BurkinaFaso, Guinea There are two ways to criminalize FGM at the national level—introduce 3.2.2 NationsUnited organizations. young people, organizations cutters, healthpersonnel,civilsociety and practising women’s communities, rights organizations, religious leaders, Guinea-Bissau and Nigeria a wide array consulted of stakeholders, including were suchasBurkinaFaso, drawn. countries Some Guinea, theGambia, have gone through suchaconsultative process whentheirnational laws variety intheextent andways through whichthisreport’s ninecountries facilitates theeffectiveness andenhances oflaw enforcement. lawsDrafting through process greatly aconsultative andparticipatory 3.2.1 laws have adopted. been criminalizing FGM Figurein the 1990s. 2 provides a timeline of when such 1965. other African Most developed countries and initiated legal measures law explicitly onFGM, thepractice prohibited hasbeen inGuineasince offenders legal265). Althoughthisisnotaspecific (article provision or (castration) andwomen (excision), life for andestablished sentences the Penal of1965, Code whichprohibited thegenital mutilation ofmen toinstitutealawGuinea wasagainst thefirstcountry FGM through (Mali andSierra Leone) donothave explicit national laws against FGM. that are theninecountries Of inthisstudy, included onlytwo countries 3.2 have thePenal amended toinclude provisions Code onFGM, whereas the 1985 National laws female against genital mutilation Different ofnational laws types Drafting oflawsDrafting through aconsultative process 1981 1990 Burkina Faso 1994 (1996) Senegal (1999) 1999 2003 Mauritania (2005) 2007 Guinea-Bissau 56 (2011) and Senegal andSenegal 2012 55 There is Nigeria The Gambia (2015) (2015) 2016 Table 7: Analysis ofNational Legal Frameworks onFGM Senegal Nigeria Mauritania Guinea-Bissau Guinea The Gambia Burkina Faso Country National laws onfemale genital mutilation Law No. 99-05 (VAPP) Act Persons (Prohibition) AgainstViolence Order No. 2005-015 Law No. 14/2011 AN Law No. L/2008/011/ AN Law No. L/2000/010/ 2016 Penal Code 1998 Penal Code 1965 Penal Code (Amendment) Act Women’s Law No. 043/96/ADP FGM law Committee oftheConventionCommittee onthe Elimination ofDiscrimination Against pass a comparable law, relevant or insert in existing sections laws. The Capital Territory, TheNigerian Government Ajuba. expects that states will (VAPP) Act isnotdirectly butonly in theFederal applicable inall36states, except for theNigerian law. Against TheViolence Persons (Prohibition) All laws in the previous mentioned are section applicable nationwide 3.2.3 and 13). prohibiting against violence women and children, includingFGM (article 6 types oflawtypes inseven inthisreport. included ofthecountries and specific FGM law in2011. Table 7provides an ofthedifferentoverview FGM 405–410), (inarticles Similarly, adopted Guineaalso aChildren’s (2008) Code that criminalized 2005, ofwhichoneprovision theprohibition contains ofFGM (article 12). prohibition ofFGM (article 6). Mauritania hasadopted aChildren’s in Code Against Persons (Prohibition) (VAPP) Act in2015, withoneprovision onthe theWomen’sGambia hasamended Nigeria hasadopted aViolence Act. 58 Applicability ofnational law Guinea-Bissau that hasadopted aseparate istheonlycountry Article 299bis Article Article 6 Article Article 12 Article Articles 1-15Articles Articles 405-410 Articles Article 6and13 Article Articles 258-261Articles Article 305 Article Article 265 Article Sections 32Aand32B Sections Articles 380,Articles 381, 382 Article 57 aswell asaReproductive HealthLaw (2000) 29 Jan29 1999 5 May 2015 5 Dec 2005 5 Dec 5 Jul2011 2008 19 Aug 10 Jul2000 01 Nov 2016 31 Dec 1998 31 Dec 1965 2015 27 Dec 13 Nov 1996 Date Penal Code Persons Act AgainstViolence Children’s Code Penal Law Children’s Code Law Reproductive Health Penal Code Penal Code Penal Code Women’s Act Penal Code Type oflaw

31 32 Analysis ofLegal Frameworks onFemale GenitalMutilation ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Senegal: “sexualSenegal: mutilation” Nigeria: “circumcision” and“genital mutilation” Guinea-Bissau: “female excision” and“female genital mutilation” “femaleGuinea: genital mutilation” “femaleThe Gambia: circumcision” Burkina Faso: “female genital mutilation” harmful consequences for the lives consequences ofwomen”.harmful of legislation criminalizingfemale genital mutilation andtoaddress its CEDAW therefore Committee urged Mauritania to “expedite the adoption Act isapplicable inallfederal states. recommendsCommittee therefore that Nigeria ensures that theVAPP states inwhichfemale genital mutilation isprevalent”. “applies onlyintheFederal CapitalTerritory federal andnotinthose Women (CEDAW) expressed inJuly2017 theconcern that theVAPP Act is notacriminaloffence andthusoffenders be cannot prosecuted. onminors. Whenadultillegal women whenperformed undergo FGM, this thisisachildprotectionof theChild.Because law, FGM inMauritania isonly FGMIn Mauritania, iscriminalized by Order No. 2005-015 on theProtection 3.2.4 the Nigeria fact inannex sheet 8). of 36 states have laws passed criminalizing FGM (for more information, see infibulation, anaesthetization…”. of harmingorattempting toharmthegenital organ ofafemale childby term torefer tothepractice. Thelaw onlyprovides“the act adefinition: 12 of OrderArticle No. 2005-015 in Mauritania a specific not use does are: thetermsused inthisreport, countries genital mutilation, female genital cuttingandcircumcision. For the Several termsare innational used laws torefer toFGM, includingfemale 3.2.5 the act had resulted inharmtothechild. the act itself, isonlyapplicableif Thepenalty butonlyoftheconsequences. 12ofthechildprotectionto notethat law article isnotacondemnation of Illegality amongminors only National laws’ for termsused female genital mutilation 60 At thetimeofthisresearch, 14 out 62 In addition, it is important Inaddition, itisimportant 59 TheCEDAW 61 The Table 8: Analysis ofNational Legal Frameworks onFGM different of types FGM that are prohibited; section also see 3.2.7. Note: Thelaw inGambia(the Women’s (Amendment) notprovide Act) does adefinitionof elaborate 32Ais section FGM, but onthe very Senegal Nigeria Mauritania Guinea-Bissau Guinea Burkina Faso Country Definition of Definition female genital mutilation innational laws or more ofitsparts An attack ontheintegrity ofthefemale genital organ ortotal removal by partial ofone organs ground ofagirlorwomen otherthanonmedical “Circumcision ofagirlorwomen” oftheexternal meansthecuttingoffallorpart sex The act ofharmingorattempting to harmthegenital organ ofafemale child reason invoked offenses against committed that organ for cultural, social, religious, hygiene orany other ortotal ablation oftheexternalpartial genitalia ofthefemale aswell person, asallphysical For ofthislaw, thepurposes theterm “excision” meansany form of amputation, incisionor organs toof girlsorwomen orany these otherinjury Female ortotal genital removal mutilation meansthe partial oftheexternal genital organs ablation, excision, infibulation, by desensitization orby any othermeans Anyone whoharmsorattempt to harmtheintegrity ofthefemale genital organ by total inthenationalDefinition law the WHOdefinition. andhow national legislation makes reference inthisreport, countries to Table 8shows that FGM broadly has been in national defined laws inthe and definition isnow widelyused generally asstandard. accepted other injury tothe femaleother injury genital organs for reasons”. non-medical involving or total removal partial of the external female genitalia or The World HealthOrganization (WHO) defines FGM as “all procedures 3.2.6 How national laws define female genital mutilation 63 This

33 34 Analysis ofLegal Frameworks onFemale GenitalMutilation © C.Healy for UNFPA Senegal ○ ○ ○ ○ ○ ○ ○ ○ Type IV:  Type III: Type II: Type I:  the different of types FGM are specifically prohibited. prohibits. Table 9provides anoverview of thedifferent provisions inwhich the VAPP Act (article 6(1)) ofFGM notexplicitly whichtypes does specify it explicitly prohibit ofFGM. alltypes Theonlyexception where isNigeria, theseven withanationalOf law countries against FGM, sixcountries forms ofFGM intofour categories withastandardized typology: To ensure international consistency, WHOhasbroken down thevarious 3.2.7 skin surrounding theclitoris). female genitals) rare and,invery onlytheprepuce cases, (the fold of removal oftheclitoris(a small,sensitive ofthe anderectile part “clitoridectomy”, referredOften ortotal toas a thisisthepartial without excision ofthelabiamajora (the outerfolds ofskinthevulva). the clitorisandlabiaminora (the innerfolds ofthevulva), withor referredOften toas “excision”, ortotal removal thisisthepartial of sometimes through withorwithoutremovalsometimes stitching, oftheclitoris. by orlabiamajora, cuttingandrepositioning thelabiaminora, throughopening thecreation ofacovering isformed Theseal seal. referredOften toas “infibulation”, thisisthenarrowing ofthe vaginal and cauterizing thegenital area). scraping piercing, incising, pricking, (e.g. for purposes non-medical procedures allotherharmful This includes tothefemale genitalia Types offemale genital mutilation prohibited Table 9: Analysis ofNational Legal Frameworks onFGM Guinea Senegal Nigeria Mauritania Guinea-Bissau The Gambia Burkina Faso Country Types offemale genital mutilation prohibited indifferentcountries All Types � � � � � � Not specified � by infibulation, by desensitization or by any othermeans or total removalBy partial ofoneor more ofitsparts, Not applicable any othermeans of afemale child by infibulation, anaesthetization, or by The act ofharmingorattempting to harmthegenital organ infibulation) … in oneofitsvarious forms (clitorectomy, excision, incision, Whoever, for any reason, thefemale performs excision (3) (2) (1) inparticular: Republic ofGuinea, regardlessperson of their quality are prohibited in the All forms of female genital mutilation practiced by any (f) (e) (d) (c) (b) (a) Female circumcision includes: by orby desensitisation any othermeans… female genital organ by total ablation, excision, infibulation, Anyone whoharmsorattempt to harmtheintegrity ofthe Specification

clitoris; ortotal removalthe partial oftheprepuce ofthe or cutting engaging inany form offemale genital mutilation stitching; (of thelabiaminora andthelabiamajora), including ortotal excisionthe partial oftheexternal genitalia pricking oftheclitoris to release drops or ofblood; symbolic practices that involve thenickingand the removal ofthelabiaminora orlabiamajora; or majora to leave onlythemeatus infibulationsewing thelabiaminoraconsists of which excision oftheclitoris (clitoridectomy); the excision or total of the prepuce with partial the purpose ofnarrowingthe purpose it; of corrosive into orherbs thevagina substances for and thecuttingofvagina andtheintroduction means in order the excision to connect of the labia the stitching straw, withthorns, thread orby other the partial ortotal excisionthe partial ofthelabiaminora;

35 36 Analysis ofLegal Frameworks onFemale GenitalMutilation Table 10: Senegal Nigeria Mauritania Burkina Faso Country on adiagnosis that indicatetheneedfor thissurgery. has been approved by thegroup ofphysicians assignedtotheservice, based excision, for thepurposesofapplyingthislaw, provided that themedicalact any anomalies resulting ornotfrom theexcision, isnotconsidered tobefemale health facilities by aqualifiedhealthcare provider for thepurposeofcorrecting A medicalintervention onthefemale genital organ, doneinappropriate Provisions for attempting female toperform genital mutilation genital organ whohaveThose outanattack to outortried carry on theintegrity carried ofthefemale whoattemptsA person to theoffence commit … The act ofharmingorattempting to harmthegenital organ ofafemale child Anyone whoharmsorattempts to harmtheintegrity ofthefemale genital organ Specification by diagnosis: approvedbe by agroup ofphysicians for whoindicate theneed thesurgery statingsurgeries to that thisneeds tofemale 3sub2, genitalia inarticle Law No. 14/2011 inGuinea-Bissau hasaprovision on reconstructive which thisisspecified. Tablepunishment. 10provides anoverview ofthedifferent provisions in FGM.to perform who are Those caught attempting FGM are subject (Burkina Faso, Nigeria prohibit also and Senegal) Mauritania, the attempt theseven withanationalOf law countries against FGM, four countries 3.2.8 Attempt female toperform genital mutilation Analysis ofNational Legal Frameworks onFGM under your moral responsibility”. andtechnical I urge you andyour stafftotake appropriate measures purposes for sanitary health ofpopulations, thepractice ofFGM/C tolerated. cannotbe Therefore, health facilities by stipulating: “given therole the ofinstitutionsinpreserving of Health prohibits 1999 of the Ministry of 7 January the practice of FGM in was judged in 2013 in Kayes. In addition, Circular Letter No. 0019/MSPAS-SG as aresult ofFGM. Thefather andthiscase tothepolice thecase reported invoked whenatwo-and-a-half-year-old case court articles, these girl died 208–210),a person(articles interpreted be whichcould tocover FGM. One outlaw anyCode injuringorcommitting against voluntarily violence cutting, law ofaspecific against theabsence Despite FGM, provisions inthe Mali Penal National for Assembly approval. for thePromotion ofWomen, Children and the Family topresent tothe including civilsociety. totheMinistry law submitted Thisdraft has been National Program for the Fight Against Excision and various stakeholders, onFGM that acomponent violence includes based by drafted had the been Atdismissed. thetimeofwritingthispaper, law anew draft ongender- law prohibiting FGM was totheNational submitted Assembly, butitwas blocked inParliament by In2009, Islamicclerics. anotherproposal for a Women, Family andChildren inMali. However, thepassage ofthislaw was alaw against FGMIn 2002, was proposed by ofHealthand theMinistries 3.3.1 national law against FGM. to adopt alaw criminalizingFGM, have efforts these not yet ina resulted Although several attempts have made Mali in both been andSierra Leone 3.3 free fromto give orany social otherpressure consent, questioned. canbe experience pressure high social often to conform to this norm—theirability practice of FGM acts norm—which means thatas a social girls and women to FGM, FGM thepersonperforming isstillpunishable. Given that the means that inGuinea-Bissau, even subjected ifthevictimgivestobe consent FGM of the victim” or without the consent “with is a punishable offence. This or women. OnlyLaw No. 14/2011 ofGuinea-Bissau thatperforming specifies ifFGM donotspecify and Senegal isillegal regardless ofgirls oftheconsent The national laws inBurkinaFaso, Nigeria Mauritania, Guinea, theGambia, 3.2.9 health centres inMali. ThisCircular Letter is notstrictlyenforced. persons practising FGM are includingwhenFGM mentioned, in isperformed Efforts in Mali Sierra Leone tocriminalizeEfforts female genital mutilation inMaliand ofgirlsand/orConsent women 64 However, nosanctionsfor

37 38 Analysis ofLegal Frameworks onFemale GenitalMutilation necessary meansfornecessary effective implementation?” ofamajority insociety toenlistthesupport andappropriateor totry the legislation now, whenthere that itwillbeimplementedeffectively, isnocertainty questioniswhentherightmomenttodoso?“The Isitbettertointroduce but there and isnospecific explicit mentionof 33(1)Section FGM. ofthe practices” that are prohibited of the Child Rights Act 46 in of 2007,section marriage” and“child betrothal” are as mentioned specifically “customary Sierra Leone nothave does alaw explicitly criminalizing FGM. “early Both 3.3.2 mutilation aclearandstrong astosend so concerned”. signaltothose Government to“prohibit andcriminalize thepractice offemale genital legal prohibition. therefore The Committee recommended the Malian tocombatauthorities andNGOs FGM, butregretted thelack ofaspecific theprogrammes ofMali,report itwelcomed already by implemented the In 2003, considered when the periodic Human Rights Committee the second the elimination ofFGM. Against Excision istocoordinate, monitorandevaluate in national policies respectively.2002, ThemainmissionoftheNational Program for theFight Program for theFightAgainst Excision were in1999and established forCommittee theAbandonmentofHarmful Practices andtheNational action onFGM, withthelatest covering 2015–2019. TheNational Action 2003,Since theGovernment ofMali adopted three national plansof legislation. of FGM, butthey ineffective be canalso ifthere for such isnopublicsupport We aware to be need that legal prohibitions canaccelerate theelimination problem sketched by the Government ofMali importance. isoffundamental Although itisregrettable that nothave Mali does alaw against FGM, the but added thefollowing: pass legislation onFGM withaview tointroducing abanon the practice, Human RightsCommittee, andexplained that itisaware to oftheneed In 2007, theMalian Government responded totheobservations ofthe Efforts inSierra Leone 67 The case studyonBurkinaFaso Thecase this. inchapter4supports 66 65

Analysis ofNational Legal Frameworks onFGM ○ ○ ○ ○ Affairs,cooperate will intheinvestigation ofall FGM-related onchildren. cases Welfare, ofSocial in collaboration withtheMinistry GenderandChildren’s that Ensure make andimplementbylaws andotherstrategies toachieve thisgoal. society,the Bondo prevent theinflictionof and FGM onsuchgirls, Ensure that nogirlthat theage isbelow of18years isinitiated into northern part ofSierra Leone part northern oftheinitiation ritualintothat society.is part chiefdoms Some inthe FGM in Sierra Leone linked is closely secret to the Bondo society, as it there have ofarrests acouple been relating toFGM, butnoprosecutions. referring ofgirlsandwomen whoare at riskofFGM. Inthepastyears, In Sierra Leone, there are inplace for nomechanisms and reporting the clausesthat prohibited FGM from theAct. Affairs included However,FGM intheChildRights Act. Parliament expunged by anti-FGM Welfare, of Social activists, the Ministry Gender & Children’s In 2007, andthrough duringtheadoption advocacy oftheChildRightsAct, only, andthere given. isnosanctionorpenalty interpreted be which could toincludeFGM. Thislaw isapplicableonminors Act prohibits torture, inhuman or degrading treatment or punishment, Committee of legal prohibition ofFGM inSierra Leone. In2014, theCEDAW both As annex several 5shows, treaty have monitoringbodies thelack noted of Women (2000) mention donot specifically FGM. Gender Mainstreaming Policy andtheNational Policy ontheAdvancement yet had adopted andtheCommittee notyet been TheNational established. However,established. at thetimeofthispublication, thisstrategy had not addition, aNational for Committee Steering FGM/C Abandonmentwillbe FGM/C for 2016–2020. Thisisthefirst strategy on country.FGM inthe In aNationalcommunities—developed Strategy for of theReduction Leone—in Nations collaboration United withNGOs, agencies and Welfare, of Social The Ministry Gender and Children’s Affairs in Sierra agreed deliverables inthememorandum ofunderstanding include: tobanFGM heads councils societal andthelocal of children. ofthe Some memorandum of understandingtraditional between leaders, Bondo practices”. Leone to“explicitly prohibit female genital mutilation andotherharmful recommended Sierra Committees Both adoption ofthe ChildRightsAct. therejectionconcern, ofaproposed provision tocriminalize FGM duringthe its serious concern that FGM concern its serious was stillpractised “and not prohibited in 71 69 In2016, ontheRightsofChildexpressed theCommittee (women who perform the cutting in Bondo societies), societies), thecuttinginBondo Sowies (women whoperform andtheHumanRightsCommittee 68 have criminalized FGM by locally signing 70 noted with serious withserious noted

39 40 Analysis ofLegal Frameworks onFemale GenitalMutilation 1.000$ 1.200$ 1.400$ 1.600$ Figure 4: Figure 3: 200$ 400$ 600$ 800$ 0$ 5 3 4 6 0 1 2 Guinea Guinea Maximum prison sentences forMaximum sentences prison FGM West inselected African countries Maximum fines for selected FGM in countries West countries African law for children”. from Figure US$1500(see US$200toalmost 4). FGM Mauritania andNigeria, Guinea, withfines, ranging sanctioned isalso (6maximum penalty and5years, respectively). InBurkinaFaso, theGambia, several years Figure (see 3). Guinea-Bissau have andSenegal thehighest vary from sentences Prison ofmonthsupto acouple with imprisonment. In allseven where countries FGM iscriminalized, offenders are punished 3.4.1 3.4 criminalizing FGM duringtheUniversal Periodic Review. recommendations totheGovernment of Sierra Leone toenact legislation Burkina-Faso General provision Penalties Nigeria The Gambia 72 Inaddition, annex 6shows that several States made Mauritania Mauritania Nigeria The Gambia Senegal Guinea-Bissau Burkina-Faso Analysis ofNational Legal Frameworks onFGM place orinapublicprivate inahospital, environment. make None of the countries FGM countries. a distinction between taking professionals cannothave revoked theirlicence by law inany oftheother orparamedical ofthemedical profession.member orparamedical Medical profession for that may aperiod notexceed five years” iftheoffender is a Faso, “may thecourt pronounce also theprohibition topractice his of medicalization of the practice. According to the Penal in Burkina Code areBissau, whetherpenalties Nigeria) increased donotspecify incase professional. Guinea- Thelaws (the Gambia, intheothercountries whenFGM(US$445–835) outby iscarried orparamedical medical increased to 4 years’ and imprisonment a fine of MRO160,000–300,000 orparamedicalof themedical profession. is thepenalty InMauritania, ifFGM applies themaximumpenalty Senegal, outby iscarried a member orparamedicalperson inthemedical field”. InBurkina Faso, Guineaand if the sexual applied will be mutilations are out or promoted carried by a ismoreCode inthat specific regard, statingpenalty “the maximum that themedicalizationimplies ofFGM) are criminalized. Penal TheSenegalese respectively, “traditional both methods” and“modern methods” (which 407 and the PenalCode in article 259, of Guineaspecify Code and article referred toasthe“medicalization ofFGM”. For example, theChildren’s by orparamedical medical personnel.Thisiscommonly performed In four oftheseven isincreased thepenalty whenFGM countries, is imprisonment). the punishmentis3–9 years’ (instead imprisonment of2–6 years’ on minors” andstipulates insub(1) that ifFGM ispractised onaminor, 5of Law No.on minors. Article 14/2011 “excision of5July2011isentitled Only inGuinea-Bissau, isincreased thepenalty whenFGM isperformed respectively. for Thisisnotthecase theotherfive (see countries Table 11). to disabilityofthevictim,amaximum10and8years’ imprisonment, In GuineaandGuinea-Bissau, increased isalso thepenalty whenFGM leads up to20years’ Table (see 11). Faso, isincreased thepenalty upto10years’ andinGuinea imprisonment ishard thepenalty andinSenegal work for life.imprisonment, InBurkina “where female thepenalty circumcisionGambia, causesdeath” islife (Burkina Faso, Guinea-Bissau Inthe Guinea, andSenegal). theGambia, When FGM leads todeath, isincreased thepenalty countries inmost 3.4.2 Aggravating circumstances

41 42 Table 11: Analysis ofLegal Frameworks onFemale GenitalMutilation a. Country Bissau Guinea- Faso Burkina Mauritania Gambia The Nigeria Guinea Senegal This is the penalty inthePenalThis isthepenalty of November Code 2016. ThefineintheChildren’s isslightlylower Code (GNF300,000–1,000,000). a Penalties for female genital West mutilation inselected African countries (US$54–216) 2,000,000 a fineofGNF500,000– and/orimprisonment, 3 monthsto 2years Penalty 2–6 years imprisonment (US$244–1,465) CFA150,000–900,000 and/or afineof imprisonment, 6 monthsto 3years (US$335–835) MRO120,000–300,000 and/or afineof 1–3 years imprisonment, (US$1,150) Dalasis and/or afineof50,000 3 years imprisonment (US$630) to 200,000 Naira and/or afineofup imprisonment Up to 4years imprisonment 6 monthsto 5years under therespective national law. FGM ispunishable. Table 12provides an overview ofwhoispunishable to theoffenders and,inGuinea-Bissau, the failure ofthe parent toprevent inthelaw. mentioned specifically parents are InGuinea, equally punished Mauritania andparamedical medical professionals andSenegal), are intheprevious (BurkinaFaso,described countries insome section, Guinea, FGM thepersonperforming In allcountries, ispunishableunderthelaw. As 3.5 Offenders imprisonment imprisonment 5–20 years of death FGM leads to Penalty when imprisonment 4–10 years of imprisonment 5–10 years of Not specified imprisonment Life Not specified life Hard work for (US$108–326) 3,000,000 GNF1,000,000– and/or afineof imprisonment 5–10 years of disability FGM leads to Penalty when prisonment 2–8 years ofim- Not specified Not specified Not specified Not specified Not specified Maximum penalty medical personnel medical is doneby (para) Penalty whenFGM Not specified Maximum penalty (US$445–835) 160,000–300,000 /or afineofMRO and imprisonment 4 years of Not specified Not specified Maximum penalty Table 12:Offenders punishable by law Analysis ofNational Legal Frameworks onFGM Faso Burkina Country Gambia The Guinea Bissau Guinea- Anyone � � � � professionals Medical � � Parents � � Other � � Provision paramedical profession (article 381) offender or ofthemedical isamember shallapplyifthe The maximumpenalty (article 380) orbydesensitisation any othermeans by total ablation, excision, infibulation, by the integrity of the female genital organ Anyone who harms or attempt to harm circumcision 32A) (section whoengagesA person infemale Dalasis 32B) orto (section both of three years thousand or a fine of fifty conviction to for imprisonment aterm anoffencecommits andisliableon providing tools orby any othermeans promotes female circumcision by incites or who requests, A person technical healthworkerstechnical (article 259) midwives and nurses, doctors, in particular corps, or medical favored by in the paramedical aperson public orprivate healthfacility and female genital mutilation ispracticed in when isapplied The maximumpenalty perpetrators (article 259) asthe withthesamepenalties punished favored whohasauthorizedthe custodial or having authority over thechildor oranyThe ascendants otherperson excisedperson (article 259) against violence the is guiltyofwillful genital init, mutilation orparticipates practices orfavorsmethods, female Anyone who, by traditional ormodern imprisonment fromimprisonment 1to 5years (article 5) previous andpunishableby number to withtheprovisions comply ofthe prevent the practice ofexcision. Failure ofthechildhasadutyto custody of educationorany whohas person Parents, guardians, mentors incharge female excision Whoever, for any reason, of female excision (article 7) inanyor contributes way to thepractice Whoever facilitates, urges, encourages, female genital mutilation, are performs 2

43 44 Analysis ofLegal Frameworks onFemale GenitalMutilation Table 12:Offenders punishable by law Mauritania Country Nigeria Senegal Anyone � � � prohibited Nigeria Table (see and Senegal inMauritania, 13). The failure an incidentofFGM toreport tothe authorities isnot take/took place, butfails thistotherelevant toreport authorities. levied againstcan be anyone whoknows that theprocedure will Thismeansthat punished. fines be passive canboth accomplices In BurkinaFaso, GuineaandGuinea-Bissau, theGambia, active and professionals Medical � � Parents Other � � Provision profession (article 12) to or paramedical belongs the medical 300,000 ouguiyas whentheoffender andafineof160,000imprisonment to isincreasedThe penalty to four years (article 12) harm thegenital organ of afemale child The act ofharming or attempting to circumcision ormutilation (article 6) outsuch engages anotherto carry circumcision or genital mutilation female whoperforms A person both (article 6)both to a fine not exceeding N100,000.00 or not exceedingimprisonment 2 years or and isliableonconviction to aterm of (2) anoffence commits ofthissection the offence provided for in subsection to anotherperson commit counsels or abets, aids, whoincites, A person paramedical field(article 299bis) promoted by the sexual mutilations are outor carried if applied will be The maximum penalty the female genital organ (article 299bis) outanattackto carry ontheintegrity of who haveThose out or tried carried (article 299bis) ofauthorityabuse or ofpower threats, intimidation, enticements, or causes promises, themby gifts, sexualto these commit mutilations to givenThe samepunishmentwillbe any whogives person instructions a person in the medical or or in the medical a person or Table 13: Penalty for failing female toreport genital mutilation totheauthorities Analysis ofNational Legal Frameworks onFGM a. Guinea The Gambia Burkina Faso Country Guinea-Bissau The failure anincidentofFGM toreport totheauthorities isnotexplicitly prohibited, althoughtheChildren’s out spells Code in article 410 thatin article 410 theauthorities “shall informed be withoutdelay” by thehealthfacilities. No fine Fine of10,000 Dalasis (US$228) Fine ofCFA50,000–100,000 (US$82–164) Penalty Fine ofCFA500,000–2,500,000 (US$820–4,000) girls andwomen at riskofFGM inBurkinaFaso. will elaborate referring for onthemechanisms reporting, andprotecting andCivil Protection. of Security Chapter 4 ) of the Ministry Mineurs et des del'Enfance Protection Genre, de de totheOPROGEM cases (Office alert place. Inaddition, NGOandprotection structures are inplace that helpto place, toarrest butalso offenders if and accomplices FGM already took relevant at-risk authorities toidentify toprevent girls, FGM from taking of FGM, forced marriage andgender-based violence.callshelpthe These call 24 hours aday anonymously to report acts or completed) (planned Burkina Faso andGuinea),there isafree can telephone linethat people girls andwomen at riskofFGM. However, (including countries insome noreal refercountries, are mechanisms inplace andprotect toreport, onFGM cases ofcourt The number varies across Inmost countries. 3.7.1 3.7 in aforeign country. foreign residents inGuinea-Bissau whohave orundergone performed FGM Law No. 14/2011 explicitly extends theapplicabilityoflaw tocitizens and where thelaw prohibiting FGM hasanextraterritorial clause. 9of Article outsidethecountry.it iscommitted Guinea-Bissau istheonlycountry The principleofextraterritoriality meansthat FGM punishablewhen isalso 3.6 a Mechanisms forMechanisms reporting Enforcement ofnational laws prohibiting FGM Extraterritorial clause

45 46 Table onfemale cases genital mutilation ofcourt 14:Number Analysis ofLegal Frameworks onFemale GenitalMutilation a. Total Burkina Faso Guinea-Bissau Guinea Senegal Country The Gambia Mali At the time of writing, both cases intheGambiawere cases At both stillpending. thetimeofwriting, a Burkina Faso found canbe inchapter4. (including 31cutters). More information ontheenforcement ofthelaw in 2009 and2015, FGM 223 resulted cases intheconviction of384persons on FGM cases court Most have in Burkina Faso. reported been Between haveCutters andaccomplices prosecuted inGuinea-Bissau. been circumstances. Three offenders of3 sentence aprison received years. offenders than 2 (less received penalties years),reduced due tomitigating FGM isrelatively highinGuinea-Bissau (2–6 years’ 13 imprisonment), onperforming 2011.to 16convictions Althoughthemaximumpenalty since Guinea resulted in2convictions. InGuinea-Bissau, have cases 37 court led resulting in7convictions. In2016, werecases in inGuinea, 11cases reported apprehended FGM whileperforming ona15-year-old girl.In2015, 14 court year and afineofGNF1,000,000 sentence prison (US$108)she was after an80-year-old sentenced two- woman toaconditional inConakry Court much earlier, The Mafanco place in2012. inGuineatook case thefirstcourt have respectively. brought to court, FGM Despite legally being prohibited InGuineaandGuinea-Bissau, and37 29 to 6monthsofimprisonment. cases There have ranged andthesentences from inSenegal, eightcases 3 been werecases stillpending. result of FGM in Sankandi Village. At the time of this analysis,court both adopted inlate involved 2015;onecase baby asa a5-month-old whodied there haveGambia, relating two cases been toFGM thelaw since was 3.3.1, insection As described inMali. case Inthe there onecourt hasbeen place tothisdate. took cases court Nigeria and Sierra In Mauritania, Leone, countries. inthese cases no court Bissau and Burkina Faso. Table 14 provides an overview of of the number practising Guinea- FGM Guinea, Senegal, occurred inMali, theGambia, toprosecute forAt cases people thetimeofthispublication, court 3.7.2 Countries where court cases took place took where cases Countries court 300 223 37 29 8 2 1 cases(no.) Court Table 15: Analysis ofNational Legal Frameworks onFGM Mali Bissau Guinea- Guinea Gambia The Faso Burkina Country Policy frameworks onfemale genital mutilation • • • • • • • • • • • plans onFGM Policies, national strategies andaction (2015–2019) National PlanofAction onFGM (2008–2012) National PlanofAction onFGM (2003–2007) National PlanofAction onFGM genital mutilation/Cutting (2010–2015). National Action Planto Combat female female genital mutilation (2012–2016) acceleration oftheElimination of National Strategic Planfor the female genital mutilation (2001–2010) National Strategic Planto Combat (2013–2017) National Planof Action onFGM/C (2016–2020) the Elimination ofFGM inBurkinaFaso National Strategic Planfor Promoting of Zero Tolerance (2009–2013) Elimination ofFGM intheperspective National action planonPromoting the (1999–2003) National Action Planon FGM (1992–1995) National Action Planon FGM all activities related toFGM Table (see 15). anational committee, established chargedAll countries withcoordinating for ministry theoverall oftheimplementation polices. ofthese supervision and are have Allcountries implemented. being at least one appointed FGM—national andstrategies policies against FGM have developed been Mali andSierraIn all countries—including Leone, which have nolaws against 3.8.1 3.8 Policies, national strategies andaction plansonFGM Implementation ofnational laws prohibiting FGM Family andChildren ofWomen,Ministry Ministry ofHealth Ministry ofYouth,Ministry ofEducation,Ministry ofJustice, Ministry ofWomen,Ministry Children of Women and Affairs andPromotion ofSocial Ministry Affairs ofWomen’sMinistry and Family National Solidarity ofWomen,Ministry policy framework for implementation responsible Ministry Harmful Practices Abandonment of Committee for the National Action Harmful Practices Abandonment of Committee for the National mutilation of female genital the Abandonment Committee for National FGM/C Committee on National Steering Practice ofExcision Fight against the forCouncil the the National Secretariat of Permanent committee National

47 48 Table 15: Analysis ofLegal Frameworks onFemale GenitalMutilation a. Leone Sierra Senegal Nigeria Mauritania Mali Country At thetimeofpublication, theNational Strategy for ofFGM/C theReduction inSierra Leone had notyet adopted and the been national steering committee wasnational committee notyet steering established. Policy frameworks onfemale genital mutilation FGM/C (2016–2020) National Strategy for of theReduction • • • • • • • • • • • • • • • plans onFGM Policies, national strategies andaction of Excision in Senegal (2013) Islamic Argument for theAbandonment (2011) ArgumentMedical Excision about of FGM/C (2010–2015) Accelerate theAbandonment National Planof Action to mutilation (2000–2005) Abandonment offemale genital National Planof Action for the mutilation inNigeria (2013–2017) for theElimination offemale genital National Policy andPlanofAction mutilation (2005) National Policy onfemale genital in Nigeria (2002) Elimination offemale genital mutilation National Policy andPlanofAction on Reproductive Health(2016–2020) National Strategic Planfor Institutionalization ofGender(2015) National Strategy onthe (2004–2008) of Women (SNPF): (1995–2000) and National Strategy for thePromotion Action Plan (2016–2019) Abandonment ofFGM andaNational National Strategy to Promote the Abandonment ofFGM (2007) National Strategy to Promote the (2015–2019) National PlanofAction onFGM (2008–2012) National PlanofAction onFGM (2003–2007) National PlanofAction onFGM a Children’s Affairs Welfare, Genderand ofSocial Ministry Family andChildren ofWomen,Ministry of Health Federal Ministry the Family Affairs, Children and ofSocial Ministry Family andChildren ofWomen,Ministry policy framework for implementation responsible Ministry Abandonment for FGM/C Committee National Steering Combat FGM Committee to National Technical Committee Technical FGM National of FGM on theElimination Committee National Advisory Violence Based against Gender- Committee National Harmful Practices Abandonment of Committee for the National Action committee National Analysis ofNational Legal Frameworks onFGM © Javier Acebal for UNFPA Senegal Mauritania andSenegal). budget line for theelimination ofFGM (BurkinaFaso, Mali, Guinea, currently inthisreport of theninecountries have national adedicated adequately resourced steptowards isanessential endingFGM. Five out strategies forcosted theelimination ofFGM andensuringthat they are requires national dedicated andsubnational FGM budget Developing lines. The effective implementation ofnational on legislationpolicies and FGM 3.8.2 Government budget tofemale allocated genital mutilation

49 Burkina Faso Case Study

04 Figure 5:Prevalence offemale genital mutilation inBurkinaFaso, 1998–2015 Analysis ofLegal Frameworks onFemale GenitalMutilation DHS, Demographic andHealthSurvey; MICS, Multiple Indicator Cluster Survey; EMC, Multisectoral Continuous Survey of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women

FGM Prevalence 30% 40% 50% 60% 70% 80% 90% practice. 99.6 ofwomen and98.0 cent per ofmenhaving cent per heard ofthe Knowledge ofFGM universal isalmost throughout BurkinaFaso, with (fromcent in1998to42.4 cent per 64.2 in2015). cent per 17 years, theprevalence for 15–19-year-old by per girlshasdeclined 21.8 (15–19 years) hasa lower prevalence age group. than the 45–49 In the past 49 decreased by 4.0 inthepast17 cent per years. Theyounger generation Figure(see 5). Overall, thenational prevalence ofgirlsandwomen aged 15– 42.4 cent, per Burkina Faso hasanational prevalence ofFGM amonggirlsaged 15–19 of 4.1 per cent. per The national prevalence ofFGM amonggirlsandwomen (aged is67.6 15–49) 1998/99 64,2% 71,6% Prevalence ofFGM in BurkinaFaso 76 75 75 In thepast17 years, thenational FGM prevalence hasfluctuated 73 classifying itasamedium-prevalence classifying by UNFPA. country 65,0% 76,6% 2003 Year (DHS/MICS/EMC) 59,7% 72,5% 2006 57,7% 75,8% 2010 42,4% 67,6% 2015 74

51 52 Analysis ofLegal Frameworks onFemale GenitalMutilation ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ African Youth (2008) Charter Maputo Protocol (2006) ontheRightsandWelfareAfrican Charter oftheChild(1992) Convention ontheRightsofChild(1990) onHumanandPeoples’African Charter Rights(1984) Women (1987) Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural Rights(1999) Social International Covenant onCivilandPolitical Rights(1999) theage2.0 of15 after cent per 10and148.9 years between cent per 5and9years between cent per 28.2 60.4 before cent per theage of5 including thefollowing annex also (see 4): conventions on the rights of women and children FGM, condemning Burkina Faso hasratified toallinternational and or acceded regional 4.2 mothers), in2015. cent down to11.8 per DHS, 13.3 ofyoung cent per girlshave undergone FGM (as by reported their prevalence2015 collected data for thisage group. According tothe2010 FGM amongyoung girls (aged 0–14 years). The2010DHSandtheEMC Surveys before 2010didnotincludeany information ontheprevalence of 15 years old. relevant,is very only a few since girls in Burkina Faso are they are cut after Therefore, theprevalence ofFGM amongyoung girls(i.e. aged 0–14 years) Most girlsinBurkinaFasoMost undergo FGM at ayoung age: Ratification status 77 Burkina Faso Study Case customary chieftainship. customary raising butthey campaigns, faced fierce by thetraditionalresistance and Republic attempted toputan endtothepractice by initiating awareness- still had toundergo FGM when they got theFirst Inthe1960s, married. by threatening toexcommunicate colonization, toput anendtoFGM whentheCatholic tried missionaries through efforts sustained over began alongtime. during efforts These of FGM level at theinstitutionalandcommunity both achieved hasbeen The current favourable environment inBurkinaFaso for theelimination 4.4 before thenational courts. the legal order ofBurkinaFaso and,accordingly, invoked canbe directly legaldomestic system. directly International law applicablewithin becomes human rightstreaties ratified by Burkina areFaso incorporated intothe or treaty, ofitsapplication by theotherparty”. Consequently, international authority to that superior of the laws, under reserve, for each agreement agreements regularly ratified orapproved have, on their publication, an effect 151 innational laws. Article “the treatiesexplicitly states that and translated tobe intonationallaw notneed law, does butithasautomatic Burkina Faso hasa“monist” legal system, whichmeansthat international physical integrity. theprotection guarantees 2oftheConstitution oflife,Article and security andtheprincipleofnon-discrimination. theprincipleofequality enshrines and women ofBurkinaFaso”. Furthermore, 1oftheConstitution article of gender isafactor for realization oflaw men oftheequality between FGM, butthepreamble recognizes oftheConstitution promotion that “the ofBurkinaFasoThe Constitution have notspecifically does aprovision on 4.3 2012by consensus. on20December Assembly In addition, BurkinaFaso, framework for towards interventions endingFGM inBurkinaFaso. internationalThese andregional humanrightstreaties have provided a of thisonpeople’s behaviour was limited, of laws adopted by countries. resolution theglobalbanonFGM enshrined andreinforces thelegitimacy global efforts global efforts for theelimination of female genital mutilation. Nations General toadopt Assembly resolution 67/146 onintensifying Historical perspective guaranteesConstitutional 83 78

together with other States, called on the United together ontheUnited called withotherStates, 80 Theresolution was adopted by theGeneral 81 those who practised it. Theeffect whopractisedthose it. 82 mainly because uncutgirls mainlybecause 79 This

53 54 Analysis ofLegal Frameworks onFemale GenitalMutilation the elimination ofgenital mutilation asanational priority”. elimination ofFGM 2016–2020, theGovernment ofBurkina Faso “has established According tothemostrecent National strategic plan for promoting the promoting theelimination ofFGM. and civilsociety, toplay aleading role at theAfrican andinternational level in incollaboration andfinancialpartners, withtechnical Burkina Government, duringthepast efforts The continuous havefew decades the enabled 1992–1995, for asecond 1999–2003 andathird for 2009–2013. afirst national action plan In 1992, for eliminating FGM was developed for the Government's strong engagement toendFGM. Faso, ChantalCompaoré, reflecting was ChairoftheCNLPE, theHonorary Action andNational Solidarity. For alongtime, theFirst Lady ofBurkina administrative ofSocial andresponsibility oftheMinistry supervision the Fight against the Practice of Excision (CNLPE) operates under the national in2010, council which made itstronger. TheNational for Council (SP) in1997 toimprove operational efficiency. It toa converted was andthejudiciary.officials, secretariat permanent a Committee The gained religiousrights andotherNGOs, leaders, andcommunity law enforcement FGM inthecountry. women’s with13 ministries, liaises TheCommittee with coordinating theresources andactivities towards theelimination of Decree (Kitin°ANVII-318/FP/SAN-AS/SEAS). istasked TheCommittee decade, theGovernment organized several campaignsandseminars for thecampaignstoeliminate FGM Inthe offinthe1980s. took following caused by thepractice was Government given—had support abigimpact. which FGM was for condemned thefirst timeandinformation ontheharm inBurkina Faso.a turning point Inparticular, a national radio broadcast—in denunciation ofFGM marked by women's associations andthemedia, NGOs, In 1975, with the institutionalization of International Women’s Day and the a National toFightthePractice Committee ofExcision of national authorities toendingthepractice of totheestablishment led In May 1990, before introducing anational law against FGM, thecommitment national radio programming, television andnewspapers. FGM, andwomen’s rightsmore generally. seminars were These covered by related issues discuss topractices towomen’s harmful health,including 87 85 by Presidential 86

84 to : Article 380–382ofthePenalFigure 6:Article ofBurkinaFaso Code Burkina Faso Study Case francs andnotmore than100,000 francs. to notifythecompetentauthorities shallbepunishedby afineofnotlessthan50,000 Every andwhofails 380 person whoishasknowledge oftheactsdescribedinArticle 382 Article person from practising hisprofession for aperiodofnotmore thanfive years. medical orparamedical profession. The competentauthority may alsoprohibit the guilty The maximumpunishmentshallbeimposediftheguilty person isamemberofthe 381 Article the punishmentshallbeimprisonmentfor atermoffive toten years. ranging from 150,000 to900,000 francs, orboth.Shouldtheoffence result indeath, shall bepunishedby imprisonmentfor atermofsixmonthstothree years orafine genital organ by totalablation,excision, infibulation,desensitization,orany othermeans Every person whoviolatesorattemptstoviolatethephysical integrity ofthefemale 380 Article children/minors andadult women. punishable. the Since Penal prohibits Code FGM, it is illegal among both The act andtheattemptFGM itself toperform (“attempt toharm”) are As shown in Figure 6, 380 defines article FGM and prohibits all types. 4.5.1 This law prohibits ofFGM alltypes andisapplicablenationwide. “femaleentitled genital mutilations” (“des mutilations génitales féminines”). 2ofthe Section is Code Penal 380–382. and fines according toarticles ofimprisonment offendersand punishes sentences with and accomplices the national territory. ThePenal entered Code intoforce inFebruary 1997, byCode Law No. 043/96/ADP toincludeaprohibition ofFGM throughout On 13 November 1996, the Government of Burkina Faso the Penal amended 4.5 National law FGM against Definition, types and types female Definition, genital mutilation amongminors

55 56 Analysis ofLegal Frameworks onFemale GenitalMutilation the punishmentsthat itprescribes for found those guilty. The law prohibiting FGM inBurkinaFaso, iswell known topeople especially 4.6 FGM outsidethecountry. no extraterritorial clause that extends restrictions tocitizens whocommit punishable withafineof50,000–100,000 CFA francs (US$82–164). There is an incidentofFGM totheauthoritiesprohibited isalso (article 382) and female organ ispunishableunderthelaw (article 380). Thefailure toreport In BurkinaFaso, anyone whoharms or attempt to harm the integrity of the whether FGM placeorinpublicprivate inahospital, took environment. FGM,performed for offive amaximumperiod years. Nodistinctionismade orparamedical ofmedical professionals licences the medical whohave torevoke shallapply(articlecandecide 381).penalty Inaddition, thecourt orparamedicalWhen amedical professional outFGM, carries the maximum 4.5.3 victim orwhenFGM onminors. isperformed increased isalso whether thepenalty whenFGM leads todisabilityofthe leads todeath ofthevictim(article 380). ThePenal notspecify does Code 1,465). isincreased Thepenalty to5–10 years’ whenFGM imprisonment and/orimprisonment, afineof150,000–900,000 CFA francs (US$244– FGM in Burkina Faso with six months to is threesanctioned years’ 4.5.2 of men (versus 12 per cent of men who support itscontinuation). of men(versus ofmenwhosupport cent 12per itscontinuation) and87(versus ofwomen whosupport cent 9per cent per of the opinion that FGM of should high—90womenstop is very cent per InBurkinaFaso,communities. thepercentage ofmenandwomen whoare Fulfuldeé)languages Gourmantchéma, (Moore, in andisdistributed Dioula, Thelaw translated hasbeen intofour different cent. to 92per local they were aware ofthelaw criminalizingthepractice; in2006, therose dataMICS show that 78 ofwomen in1998–1999 cent per that reported from 150,000–900,000 CFA francs (US$244–1,465) to300,000–1,500,000 months to3years’ to1–5 imprisonment years’ and thefine imprisonment, 380–382 that refer toFGM. Theproposal would raise from the sentence 6 the first timein20 years. Aproposal madebeen amendarticles toalso has At thePenal thetimeofwriting, ofBurkina Faso Code was revised being for 4.7 Knowledge ofthelaw Offenders Penalty Amending thePenal Code 88 DHSand 89

Burkina Faso Study Case the enforcement ofthelaw. administrations exact andcourt didnotcollect police the local data about Duringtheearlyyears thepassageaccomplices. ofthePenal after Code, convictions have resulted orfiningofcutters intheimprisonment and Faso issystematically enforced. thelaw Since inplace, hasbeen many Unlike otherAfrican most thelaw States, prohibiting FGM inBurkina 4.8 National Assembly. stakeholders, butthenew Penal had Code notyet adopted by been the and223) 222 ofthenew(articles Penal validated had Code been by various five years. However, provisions thedraft at thetimeofwriting, on FGM remain revoked would stillbe unchanged, andlicences for amaximumof forthe maximumpenalty orparamedical medical professionals would the victim would stay the same (5–10 years’ Similarly,imprisonment). CFA francs (US$488–2,440). whenFGM Thepenalty leads todeath of parents have prosecuted. been birth attendants. birth practitioners (99.0 including traditional cent), per cutters and traditional In Burkina Faso, FGM exclusively is almost out by carried traditional 4.8.1 in two categories: cutters andaccomplices. 380–382ofthe Offenders inBurkina ofarticles Code Penal areFaso divided sentenced. 2009and2015,between 384persons(including31cutters) have been The records andthe SP/CNLPE of Justice ofthe Ministry indicate that, and theSP/CNLPE reveal where only onecase amidwife FGM. performed arrested, convicted and serving actual or suspended prison sentences. prison actual orsuspended arrested, andserving convicted thatCommittee more had than 300 cutters been and accomplices In 2009, theGovernment ofBurkinaFaso totheCEDAW reported practising FGM. 1997 between but, and2005, 94cutters andparents were for sentenced exact thelaw since entered cases intoforce ofcourt number isunknown, recordingof Excision started in2008.Thismeansthat thecases FGM (only in0.3 ofthecases). cent per convicted forconvicted violating thelaw prohibiting FGM. to thedata ofBurkina Faso, ofallregional courts in2009, 241 persons were 2016, theGovernment totheCEDAW reported according that, Committee Court cases Court Cutters 91 95 Between 2005and2009, Between 40cutters and646 afurther Medical andparamedical Medical professionals rarely perform 90 TheNational toFightthePractice Committee 92 96 The records of the Ministry of Justice Therecords ofJustice oftheMinistry 94 93 In

57 58 Analysis ofLegal Frameworks onFemale GenitalMutilation is questioned. are given as well (ranging from 1 to 36 months), but their effectiveness Faso sentences sentence. prison thefull orsuspended Conditional serve havesentences and fines increasing.been In general, offenders inBurkina inrecent rangesof imprisonment years, from both 1to12monthsbut, in 2009, whenFGM tosevere led Thesentence healthconsequences). was sentence prison five (unconditional) month andthehighest (givenyears given sentence prison 2008,theminimum(unconditional) wassince one The records and theSP/CNLPE of Justice oftheMinistry indicate that, of cutters. compared withthenumber prosecutedsentences prison being andserve situation haschanged inthepastdecade, andnow more are accomplices large extended sentences tothem. Remarkably, ofconditional number this resulted theirhealthinprison about ina elderly women, andconcerns or assistinginthepractice of, FGM. role indiscouraging (para)medicalimportant professionals from practising, andtherisktohavewith thehighsentences revoked, licences play an that thestrong suggested law paired enforcement, interviewees Some periods with a modicum ofdignity. withamodicum periods for women anditwas thecutters difficulttoimprison for extended relatively was that lenientsentences many jailshad noseparate facilities for FGM was justover three Thereason monthsinprison. for these cuttersUntil 2008,mostly were sentence prosecuted. common Themost 4.9 tobreastfeed.their mothers, oftheneed because where children have babies) new-born (especially time in with prison spent to give sentence. a conditional However, there have cases some been also toonlyprosecute decided oneoftheparents ithasbeen other cases, or withtheirparents,prison suchasproviding themwithfoster families. In measures cases, some are taken being toavoid children having togo to issue iswidelydebated inthecontext interest ofthebest ofthechild.In deprive children oftheirparent’s care by parents, imprisoning andthis whohave orthose members, FGM. witnessed Judges are reluctant to include parents,Accomplices other family members or relatives, community 4.8.2 francs. The highest fine francs. Thehighest was 300,000 CFA francs,given toacutterin2013. Sentences Accomplices 99 Fines usuallyrange Fines 150,000 between and 200,000 CFA 97 98 Furthermore, cutters most are Burkina Faso Study Case ○ ○ ○ ○ ○ ○ this free telephoneline. children (116). argue people that Some FGM reporting in included should be Burkina Fasolong. has afreealso against violence telephone line to report respondents argueddial. Some that thecurrent eight-digit istoo number At thetimeofpublication, was ofdiscussion ofdigitsto apoint thenumber for many people. At first thetelephoneline was notfree, andthisprovedbe anobstacle to free telephonelinenow operates 24 hours aday. reduced itseffectiveness of cases because most The FGM take place at night. At first thetelephoneline was only toduring working hours,attended which cases ofFGM.cases “SOStelephone helplinecalled Excision”, toencourage toreport people toFightthePracticeCommittee ofExcision anational established In 1990, before the adoption of the Penal criminalizing FGM, Code National 4.10 have including: learned, been ofthefree lessons theestablishment Since telephoneline, important some administrators, anddirectly totheSP/CNLPE. through atstations, customs offices, police religious leaderslocal and anonymous tip via the telephone line. The remainder are of cases reported Approximately 70 with an before of all cases start cent per the courts involved are arrested. to ahealthclinicfor examination medical andthepeople andtreatment, against thelaw. cutter are informed thedangers about ofFGM andthefact that it is If they arrive intimetopreventit. thecrime, theparents, relatives and FGM, and/or thepolice gendarmerie immediately go tohalt tothescene ofanupcoming acase When apersoncallsthetelephonelinetoreport girlsundergo most times FGM inBurkinaFaso. calls increases vacations duringschool andtherain whichare season, the that estimated 150callsayear about has been are made. of Thenumber women, individualsandyoung educated telephone linetendtobe people. It arepeople FGM willingtoreport through thephoneline. Callers tothefree from theirfamily orcommunity. However, anonymity since isguaranteed, the victimsofFGM may hesitate tocallthepolice, fearing disapproval social relatives because orneighbours of important, The anonymity is especially in theelimination ofFGM inBurkinaFaso. ofFGM, cases orcompleted planned and hasproven tool apowerful tobe Free telephoneline 100 101

This phone line allows people toanonymously Thisphonelineallows people report IfFGM they take hasalready thegirl out, carried been

59 60 Analysis ofLegal Frameworks onFemale GenitalMutilation especially intheprovinces withahighprevalence. you directly”. This contributes tostrong implementationandlaw enforcement, when we comehere andwe hearthat there isacase, we willarrest andpunish of thepoliceman isvery “Today clear: we are here tosensitize you. Butnext time, talking aboutthepractice. This really works well for remote areas. The message someone’s attention.Itisimpressive whenapoliceman withamicrophone is The community patrols are agood practice. Itisasuccessfulstrategy toget explained patrols: ofthecommunity thefunctioning discourage FGM. the population to perform One of the respondents clearly patrols istocreate awareness, and buildtrustwithinthecommunities the law criminalizingthepractice. ofthecommunity Themainpurpose community’s awareness ofFGM, consequences theharmful about andabout not enforce thelaw. leaders faced intimidation andpressure ofpractising to communities bywas thepublic. notyet widelysupported Police political local officialsand In the10years theadoption ofthelaw, after thecriminalization ofFGM 4.11 coverage patrols ofcommunity isrelatively low. Unfortunately, duetoinsufficient financialresources, the geographical and itsillegality inpractising andinchangingattitudes. communities Law enforcement officials are key toincrease theknowledge of FGM implementation. fromto dissuade people practising FGM tothelaw’s andtocontribute Several provinces have patrols upcommunity set teams) (mobilesecurity 4.12 advocatesbecome against FGM andagents ofchange intheircommunities. ensures that they toapplythelaw, understand theneed andfor themto capacity oflawyers, This judges,thepolice,officers. gendarmes andsecurity increase knowledge ofFGM anddiscussion andthelaw, theCNLPEbuilt effects oftheharmful convinced of it.benefits ofending FGM andthe To Capacity-building sector ofthejustice Community patrolsCommunity 103 The police andgendarmerie Thepolice visitavillage toraise the 102 Inaddition, judges some andjudicialstaff were not 3 Burkina Faso Study Case Women tofollow trying apublichearingthrough hall ofafull awindow because 2009 and2016. overview of the 13 public hearings that place took in Burkina Faso between andthereforeis costly theirnumbers are Table limited. 16provides an public hearing system”. However, the organization public hearings of these thatsaid, “Ihope inthefuture through processed be could allcases the and behaviour members regarding ofcommunity FGM. Onerespondent respondents the big impact public hearingsonthe attitude noted of these Burkina Faso that asinspiration can serve All for countries. neighbouring All respondents considered this strategy practice abest of tobe increases thiseffect. theapplication documenting publichearings, ofthelaw,during these which and that offendersbe brought will tojustice. isalways Themedia present proclaims whichreinforces itsverdict, themessage that FGM isprohibited crime inthePenal andthejudge starts case Code. Afterwards, thecourt The judge explainsof FGM the consequences harmful and why FGM is a case, judges FGM, discuss the actual court canaskquestions. andpeople events that attend. allmembers ofthecommunity Before they proceed to and the hearing sentencing is public. public hearings are These usually big Judges travel where tothecommunities FGM andthearrests occurred, an innovative way awareness-raising to combine with law enforcement. ) inBurkinaFaso (audiences foraines courts The mobilecommunity are 4.13 Public hearings

61 62 Table BurkinaFaso, 16:Publichearings, 2009—2016 Analysis ofLegal Frameworks onFemale GenitalMutilation 2016 08 Dec 2016 27Jun 2016 20 Jun 2015 Dec 29 2015 05 Nov 2015 05 Oct 2015 02 Sep 2015 24 Jun 2015 1 Jun 2015 2 Jun 2015 8 May 2009 3 Sep Date Koulpelogo Ouargaye/ Koti/Tuy Hounde/Tuy Zondoma Gourcy/ Zondoma Koumba/ Dissin/Loba Djiguè/Poni Koti/Tuy Ganzourgou Zorgho/ Namentenga Boulsa/ Zoundweogo Bere/ Mouhoun Dédougou/ Province Village/ Tenkodogo Boromo Boromo Ouahigouya Ouahigouya Gaoua Gaoua � Ziniare Kaya Manga Dédougou Tribunal • • • • • • • • • • • • • • • � � • • • • � • • • • Sentence 4 accomplices received4 accomplices sentences 6-monthprison received2 accomplices sentences 8-month prison sentence 1 head ofthefamily received an8-month prison 1 cutter received a12-month sentence prison 1 cutter received sentence an8-month prison 1 cutter received sentence a6-monthprison francs received3 accomplices of150,000 fines CFA Cutter fled away of150,000fines CFA francs 2 menreceived 2-month and sentences prison and 150,000 CFA franc fines received 3 accomplices sentences 6-monthprison a fineof150,000 CFA francs 1 cutter received and sentence an8-month prison receivedAccomplices 2-month sentences prison Cutter received sentence an8-month prison receivedAccomplices 2-month sentences prison Cutter received sentence an8-month prison sentence received1 accomplice a6-monthconditional 1 cutter received a1-month sentence prison and150,000sentences CFA franc fines receivedAccomplices a6-monthprison of 150,000 CFA francs Cutter received a1-year andafine sentence prison andafineof150,000sentence CFA francs received3 accomplices a6-monthprison a fineof150,000 CFA francs 1 cutter received a12-month and sentence prison of 36months received accomplices sentence 71 aconditional of 6–24 months 1 cutter and6women received sentences prison Burkina Faso Study Case 2. 1. negative potential about concern effects including: ofitsenforcement, effectivelyand implemented inBurkina Faso, also respondents expressed Although it is clear that the Penal criminalizing FGM Code enforced is being 4.14 Challenges intheimplementation of thelaw 3.

increased from 24.5 in1999 cent per that having reported undergone FGM before birthday theirfifth the DHSfrom 1999withthat of2010, thepercentage ofwomen comparing the When data of The DHS data thisfinding. confirm have atrend observed towards cuttinggirlsat younger ages. the practice. respondents said that During the interviews, they the younger likely thegirl,less shespeaks outandreports Parentsgirls. and cutters thinkthat they will avoid detection: enforced that canbe FGM isincreasingly onyounger performed negativepotentially effects ofalawagainst being stronglyFGM Tendency tolower theage ofgirlsundergoing FGM: Oneofthe hard negative evidence thispotentially substantiates effect. althoughno respondentsthissuggestion, confirmed the interviews, adoption andstrong enforcement ofthelaw against FGM. the practice ofFGM hasgone underground areas insome the since Clandestine cases ofFGM: There evidence that anecdotal hasbeen especially in the north ofthecountry”. inthenorth especially prevalence continuing “the about ofFGM, ininfant therise FGM, shared also on theRightsofChildCommittee itsconcerns neighbouring countries to perform FGM. toperform countries neighbouring cross theborder tohave FGM orinvite cutters performed, from or where laws are noteffectively enforced. Therefore, people borders where withcountries FGM isnotcriminalized (Mali) Cross-border FGM: BurkinaFaso that isalandlocked country higher degree ofsecrecy and at ayounger age”. that with the a practicehighly concerned performed … is being The CEDAW remains statedCommittee that Committee “the younger ages. Academic research thistrend confirms towards cuttinggirls at 107 Treaty have monitoringbodies this. noticed also 105 109 to60.4 in2010. cent per 108 TheConvention 104 During During 106

63 Conclusions

05 Analysis ofLegal Frameworks onFemale GenitalMutilation Peoples’ RightsanditsMaputoProtocol. the Convention onHuman and ontheRightsofChild,andAfrican Charter the Convention ontheElimination ofAll Forms ofDiscrimination Women, Against are codifiedin various international and regional human rightstreaties, including FGM isrecognized asaviolation ofthehuman rights ofgirlsandwomen, which all forms ofFGM. intheregionthat ofthecountries most have andprohibited condemned of thegovernments inWest Africa toendFGM isillustrated by thefact Much progress made at has been the national levels as well. The commitment eliminate FGM. obliged totake measures—including legislative measures—to prevent and to allthetreaties relevant totheelimination ofFGM. States are These have inthisreport included Eight oftheninecountries ratified or acceded elimination ofFGM of several Nations United resolutions globalefforts onintensifying for the to eliminate allforms ofFGM, whichisclearlyreflected inthe adoption female genital mutilation (FGM). There onthe need is aglobal consensus In recent much progress decades, made had towards been eliminating countries, FGMcountries, ofuptoUS$1500. withfines sanctioned isalso is in Guinea-Bissaumaximum penalty (6 years’ Insome imprisonment). vary fromsentences of months up to severala couple years. The highest differencesbut important exist regarding penalties—prison theheightof example, laws most inthisanalysis penalize offenders both and accomplices, criminalized, towhom thelaws are applyandwhat penalties applicable. For shows thevariationsThis report oflaws, what inthetypes exactly is introducing national budget toendingFGM. dedicated lines against FGM,national committees andmore andmore governments are 111 110 Inaddition, allhave almost national strategies and andthe2030Agenda for Sustainable Development.

65 66 Analysis ofLegal Frameworks onFemale GenitalMutilation ○ ○ ○ ○ protection law onlyprohibits FGM onminors. TheCEDAW when performed reviewed be could andstrengthened.for example, In Mauritania, thechild FGM theexisting vary intheir scope.countries, Insome legal framework Reviewing existing laws. Thisanalysis that showed national laws prohibiting changethe social thatto accompany needs such a law for effective. it to be tointroduceefforts alaw that criminalizes continue topromoteFGM, and not yet adopted suchlaws, suchasSierra Leone andMali, shouldcontinue at aimed theeliminationimplement policies ofFGM. that Countries dohave that already have laws inplace prohibiting FGM toenforce need laws those and by accompanied effectivebe sanctionsandenforcement measures.Countries perpetrators ofFGM toprotect legal measures girlsandwomen. These should Human rightstreaties oblige State Parties toenact legislation against the Developing andadopting legislationfemale against genital mutilation. The key elementsfor strong legal frameworks onFGM are: responsibilities toendFGM. stakeholders work together roles according and totheircomplementary sector, andtheirleaders, communities and other key civilsocieties, policymakers, law parliamentarians, enforcement officialsandthejustice and women, andtoendthepractice ofFGM. that national Itisimportant the enjoymentfull of all human rights and freedomsfundamental of girls level is crucial to develop, enact and enforce legal frameworks that protect hasshown, strongAs thisreport at commitment thenational political 5.1 strategies that encourage change positive social incommunities. enforced, more by and—perhaps accompanied hastobe importantly—it having alaw and implemented report, isnotenough;alaw tobe needs towards abandoning the practice. On bythe other hand, as highlighted the alaw anditssanctionscanencourage whoareis contested, people leaning is acrucialsteptoendthepractice. Research hasshown that whenFGM explainsThis report why having alegal framework that criminalizes FGM was.sentencing have onFGM whichcountries cases describes also heldcourt andwhat the prohibiting FGM andallow for them.The report between comparisons and policy frameworks oftheseven that have countries laws inplace factThe country inannex sheets 8illustrate thedifferences inthelegal criminalize thefailure ofFGM acase toreport totherelevant authorities. Burkina Faso, GuineaandGuinea-Bissau andalso theGambia, go further the victimandwhenFGM outby iscarried a(para)medical professional. are penalties increased countries, In most whenFGM leads todeath of Key elementsfor strong legalframeworks onFGM

Conclusions ○ ○ ○ ○ ○ ○ of existing laws thatreviewed be could according to national contexts. of thevarying laws andprovisions aspects canhelp toidentify inthisreport of theact itself, ofFGM. consequences butonlyoftheharmful Theoutline FGM ofadult women. Inaddition, thischildprotection law isnotacondemnation thereforeCommittee urged Mauritania toadopt legislation prohibit toalso human) tothelegislative andpolicy frameworks at aimed eliminating FGM. for governments toallocate adequate resources (material, financialand NationsUnited resolutions andtreaty highlighttheneed monitoringbodies strategies toendFGM are crucialfor effective lawpolicy and implementation. Introducing national andfunding budget andhaving lines, national costed lack of resources for effective lawpolicy and implementation to end FGM. and law witha enforcement inthisanalysis included cope countries . Most Allocating sufficient resources toending female genitalmutilation to work onpromoting change social toaccompany law enforcement. authorities tosecure evidence for prosecutions, andillustrate theneed pressures they face. make dynamics These itextremely difficult forthe ofthesocial because cases unwilling toreport canbe people communities, FGM tothepolice. Because reported isacting norminpractising asasocial A majorchallenge intheprosecution ofoffenders isthelack ofcases Ensuring that law enforcement goes handinwith social change. monitoring system to track is needed implementation of the law. of legislation, law enforcement A comprehensive and national policies. a concrete national for mechanism theimplementation andmonitoring effective enforcement ofnational laws prohibiting establish FGM, States must To islow ornon-existent. countries inmost cases ofcourt number ensure for offenders,consequences alaw despite prohibiting thepractice. The this analysis FGM in many shows, countries withoutlegal stillisperformed Enforcing laws female against genital mutilation andmonitoring.As how alaw prohibiting FGM in changing attitudes and tool auseful can be it islikelyeasily established, they are study illustrates Thecase connected. the decrease inFGM prevalence andthestrong law enforcement cannot be from cent by per 21.8 1999to2015. Althoughacausal relationship between TheFGMcases. prevalence ofgirlsaged 15–19 inBurkinaFaso hasdropped 2009and2015,Between through convicted 384persons had been FGM 223 Faso, resulting intheconvictions ofcutters, parents andaccomplices. inplace,been alarge have ofcases number inBurkina brought been tocourt change. tosocial contributing while also thelaw Since criminalizingFGM has framework prohibiting FGM effectively can be andenforced, implemented studyonBurkinaFasoThe case provides key some insightsintohow alegal 5.2 Good practicesGood from BurkinaFaso

67 68 Analysis ofLegal Frameworks onFemale GenitalMutilation ○ ○ ○ ○ ○ ○ illegal in the communities thatillegal practice inthecommunities it. Policecommunities. FGM discuss also andexplain why and itisharmful comedy/theatre languages, in local andplays, information in sessions the law through radio andtelevision broadcasts, newspapers,pamphlets strategies have to inform used been and educate the population about people in BurkinaFasopeople forincluding thepenalties found those guilty, well known isvery tothe of FGM oneofitspriorities. is key. The government of Burkina Faso has made the elimination Political willinfavour oftheelimination offemale genital mutilation In addition, the literacy considering rate (36 cent), per translated intofour different communities. in languages anddistributed local orreadnot speak theofficial national language (French), the been law has issue of FGM, including that itisprohibited by law. many do Because people population ofBurkinaFaso widelyinformed hasbeen onthe andeducated toknowandunderstandthelawPeople need the . Inthepastdecades, achieved through long-term inthe1980s. national whichstarted efforts, environment level at theinstitutionalandcommunity both hasbeen implementation oflaws against FGM. and policies Thecurrent favourable Government ofBurkinaFaso at alllevels crucialtotheeffective hasbeen national budget for endingFGM. of the commitment The political plans andstrategies with“zero tolerance” toFGM, andadedicated the officials, development andimplementation of several national action demonstratedbeen through several publicstatements by government budget toendingFGM. dedicated Furthermore,activities. from allocated theCNLPEhasfunds thenational infrastructure at alllevels, themtocoordinate whichenables FGM of Excision (CNLPE) in2010. TheSP-CNLPE hasastrong operational was into aNational converted for Council the Fightagainst thePractice secretariata permanent (SP) in1997 toimprove operational efficiency, and leaders, law enforcement andthejudiciary. officials, Committee The gained women’s13 ministries, religious rightsandotherNGOs, andcommunity National oversees Committee allactivities regarding FGM, with andliaises on FGM andimplementing thenational action plansandstrategies. The activities towards endingFGM inBurkinaFaso, includingenforcing thelaw in Burkina Faso in1990. It istasked withcoordinating resources and to FightthePractice ofExcision by was Presidential established Decree A strong institutionalframework. The National Committee isnecessary that extracted canbe from theBurkinaFaso are: studycase case behaviour thereby outcomes, promoting change. social key Some elements 115 (more knowledge). reported cent than 90 per 112 Thisstrong has commitment political 114 Now, thelaw prohibiting FGM, 113 alternative 116

Conclusions ○ ○ ○ ○ ○ ○ ○ ○ application ofthe law, whichincreases theeffect. isalwaysThe media the present documenting publichearings, duringthese the message that FGM isprohibited andthat offendersbe prosecuted. will andthejudge proclaims starts case whichreinforces itsverdict, the court of FGM andexplains why FGM isacrimeinthePenal Code. Afterwards, Thejudge toaskquestions. explains consequences theharmful opportunity case, judges FGM discuss to theactual court are andpeople provided the events that attend. allmembers of thecommunity Before they proceed hearingsaresentencing heldpublicly. publichearingsare These usually big FGM occurred, andwhere were thecutters andaccomplices arrested. Here, to the capital, judges travelsummoning people where to the communities approach awareness-raising ofcombining withlaw Instead enforcement. of (audiences foraine) courts community inBurkinaFaso are aninnovative sentencing combine withdialogue . Themobile courts Mobile community law enforcement advocates against important become officialsthus FGM. them, increasing ofFGM cases toreport thewillingness tothepolice. Local FGM. to andgendarmerie thepolice asaservice see Thecommunities anddiscourage trust withinthecommunities thepopulation toperform patrols ofthecommunity The mainpurpose istocreate awareness, build ofFGM, consequences the harmful andthat thepractice isprohibited by law. of thelaw. fromdissuade people practising FGM, which strengthens theimplementation genital mutilation. Several provinces have patrols upcommunity set to patrolCommunity from teamscandissuade people practising female FGM Most instances. arrests inBurkinaFaso are theresult ofanonymous tips. authorities toarrest offenders andtoprevent and accomplices, some FGM in futureto report ofFGM. orpastincidences therelevant Thisinturnhelps anonymous, free andoperate 24 hours aday, andhave encouraged people to overcome are thelack phonelines tothepolice. ofreporting These people, includingFGM, child marriage and gender-based violence, as a way Faso, has introduced likea free telephone harm line to to report Guinea, Anonymous. Burkina telephone lineincreases cases reported being of ending FGM, a thekeyentire chain becomes justice element in change. and enforced. By makingallactors at alllevels understand theimportance that FGM andwhy isharmful, thelaw toendFGM implemented shouldbe security officers).to officers, them and Thisis convince gendarmes police professionals involved intheimplementation lawyers, ofthelaw (e.g. judges, trainingThe CNLPEiscontinuously andbuildingthecapacity ofall Collaboration. with law enforcement isimportant and thejudiciary 117 Police andgendarmerie visit avillage andexplain anddiscuss

69 70 Analysis ofLegal Frameworks onFemale GenitalMutilation 1. producedThis report four recommendations research: for further 5.3 4. 3. 2.

Recommendations for further researchRecommendations for further FGM. on therole that legislation plays inpromoting behaviour change in elimination ofFGM. However, littleresearch undertaken hasbeen instrengthening tool asupportive can be theenvironment for the change is complex. This study shows that laws prohibiting FGM relationship legislation between prohibiting FGM andpositive social Research to understand the effects of lawsbehaviour on . The have notyet adopted alaw prohibiting FGM. to harmonize existing laws andguidelawmakers that incountries to examine thefeasibility Law ofsuch aModel onFGM andscope LawsModel exist onseveral interesting Itwould be otherissues. todevelopwho seek laws at aimed preventing childmarriage. in laws that weaken areference Itisalso enforcement. for lawmakers to harmonize national laws onchildmarriage andaddress gaps LawModel onEradicating ChildMarriage. Law ThisModel aims ParliamentaryCommunity Forum adopted afirst-ever regional genital mutilation. In2016, African theSouthern Development ofaregionalAnalysis ofthepossibility Law Model onfemale andtheMiddleEast. Africa, such asEastern and Southern and enforcement from otherregions that are affected by FGM, practicesThis includes andapproaches tolaw implementation that arecountries effectivebe should reviewed more in-depth. this approach tailored canbe Laws from toeach context. other replicatedbe contexts, orsocial andhow inothercountries ways toidentify helpful It would be elementscan inwhichthese elementsofeffective studyidentified case law enforcement. female genital mutilation law enforcement. TheBurkinaFaso analysis of practicesgood of Identificationfurther and of FGM contexts insome remains effectiveness. oflimited more research tounderstand why criminalization isnecessary enforcement oflaws prohibiting FGM More helpful. would be specifically, thatanalyses thefactors identify that theimplementation hamper and amajorchallenge tobe Country-specific inmanycontinues countries. As thisanalysis hasshown, theenforcement oflaws prohibiting FGM tolaw analysesCountry-specific ofimpediments enforcement. changesocial process that results intheelimination ofthepractice. waysto identify laws inwhichthese caneffectivelycontribute toa enforcement ofFGM laws onbehaviour change. There aneed isalso negativeand potential effects ofstrong implementation and 118 More researchunderstand tofully thepositive isnecessary

Conclusions © C.Healy for UNFPA Senegal difficulties”. against ingrained deeply cultural practices suchasFGM/C isfraught with many developing turn slowly; of enforcingjustice the wheels countries, laws asillustratedovernight, that ina2009report “In BurkinaFaso noted: asin recognized approach. for thissuccessful However, thiswas notachieved towards endingFGM. internationally known hasbeen and Thecountry paired withstrategies promoting change, social have had areal impact and unique approach toending FGM through effective law enforcement, studyofBurkinaFasoThe case illustrated how acountry’s commitment frameworks, thepractice topersistannex (see continues 5). by State Parties toeliminate FGM, includingadopting legislative andpolicy notwithstandingthe measuresexpressed taken that, concern theirdeep oftheworld, includinginWest Inthepastdecade,parts Africa. many TMBs the elimination ofFGM, thepractice stillremains widespread indifferent theincreaseDespite ininternational, regional andnational topromote efforts 5.4 to endFGM by 2030. andotherkey civilsocieties communities, parliamentarians, stakeholders NationsThe United Population Fund governments, to support will continue implementing national strategies to promote theabandonmentofFGM. ever before. More andmore governments are developing, and funding moreis condemned widelyandprohibited inmore than countries the prevalence ofFGM, The practice varied albeit andnotsufficient. inWest ofthecountries to buildon.Most Africa have in adecline seen progressImportant made towards hasbeen endingFGM that we need andinnovativeis commitment collaboration across sectors. A way forward 119 Thisshows usthat progress accelerated canbe whenthere

71 Analysis of Legal Frameworks on Female Genital Mutilation

Notes

1. World Health Organization. Eliminating female genital mutilation: an interagency statement. Geneva: WHO; 2008, p. 4 and World Health Organization. Female genital mutilation, fact sheet. Geneva: WHO; 2017 (http://www.who.int/mediacentre/factsheets/ fs241/en/, accessed 24 October 2017).

2. However, healthcare providers increasingly perform FGM due to the belief that the procedure is safer when medicalized.

3. United Nations Children’s Fund. UNICEF’s data work on FGM/C. New York: UNICEF; 2016 (https://www.unicef.org/media/files/FGMC_2016_brochure_final_UNICEF_SPREAD.pdf, accessed 24 October 2017).

4. United Nations Population Fund. Demographic perspectives on female genital mutilation. New York: UNFPA; 2015, p. 52.

5. Yoder PS, Khan S. Number of women circumcised in Africa: the production of a total, DHS Working Papers, No. 39. Calverton: USAID; 2008, p. 3.

6. The national prevalence of FGM has been measured using a standard survey method developed by the DHS of Macro International (now ICF International). DHS surveys collect data from nationally representative probability samples of households, and from

72 adult women and men in the sampled households, in more than 90 countries. Since 2000, UNICEF’s Multiple Indicator Cluster Surveys have used a similar method to collect information on FGM. 7. United Nations Population Fund. Demographic perspectives on female genital mutilation. New York: UNFPA; 2015, p. 27.

8. Ibid, p. 27–28.

9. UNFPA-UNICEF Joint Programme on FGM/C: Accelerating Change by the Numbers: 2016 Annual Report of the UNFPA-UNICEF Joint Programme on Female Genital Mutilation/ Cutting: Accelerating Change. New York: UNFPA-UNICEF; 2016, p. 1.

10. Committee on the Elimination of Discrimination against Women, General Recommendation No. 14: Female Circumcision, (A/45/38 and Corrigendum), 1990.

11. Committee on the Elimination of Discrimination against Women, General Recommendation No. 19: Violence Against Women, adopted at the Eleventh Session, contained in document A/47/38, 1992.

12. World Health Organization. Female genital mutilation: a joint WHO/UNICEF/UNFPA statement. Geneva: WHO; 1997.

13. World Health Organization. Eliminating female genital mutilation: an interagency statement. Geneva: WHO; 2008.

14. The Office of the United Nations High Commissioner for Human Rights, the Joint United Nations Programme on HIV/AIDS, the United Nations Development Programme, the Economic Commission for Africa, the United Nations Educational, Scientific and Cultural Organization, the United Nations Population Fund, the Office of the United Nations High Commissioner for Refugees, the United Nations Children’s Fund, the United Nations Development Fund for Women and the World Health Organization.

15. United Nations General Assembly, Resolution 70/1 on Transforming our World: the 2030 Agenda for Sustainable Development, A/RES/70/1, 21 October 2015.

16. United Nations General Assembly, Resolution 67/146 on Intensifying Global Efforts for the Elimination of Female Genital Mutilations, A/RES/67/146, 5 March 2013. Notes

17. United Nations General Assembly, Resolution 69/150 on Intensifying Global Efforts for the Elimination of Female Genital Mutilations, A/RES/69/150, 18 December 2014.

18. United Nations General Assembly, Resolution 71/168 on Intensifying Global Efforts for the Elimination of Female Genital Mutilation, A/RES/71/168, 2 February 2017.

19. United Nations News Centre. Ban welcomes UN General Assembly resolutions eliminating female genital mutilation, 21 December 2012 (http://www.un.org/apps/news/story. asp?NewsID=43839#.VfKMu2TtlHw, accessed 24 October 2017).

20. United Nations General Assembly. Resolution 67/146 on Intensifying Global Efforts for the Elimination of Female Genital Mutilations, A/RES/67/146, 5 March 2013, para. 4.

21. Committee on the Elimination of Discrimination Against Women and the Committee on the Rights of the Child, Joint general Recommendation No. 31 of the Committee on the Elimination of Discrimination Against Women/General Comment No. 18 of the Committee on the Rights of the Child on Harmful Practices, CEDAW/C/GC/31-CRC/C/ GC/18, 14 November 2014, para. 2.

22. Website Sustainable Development Knowledge Platform. Sustainable Development Goal 5, Targets (https://sustainabledevelopment.un.org/sdg5, accessed 24 October 2017). 73 23. United Nations Human Rights Council. Report of the Office of the United Nations High Commissioner for Human Rights, good practices and major challenges in preventing and eliminating female genital mutilation, A/HRC/29/20, 27 March 2015.

24. Ibid, p. 16.

25. United Nations Human Rights Council. Resolution 32/21 on the Elimination of Female Genital Mutilation, A/HRC/RES/32/21, 19 July 2016.

26. Ibid, para. 3.

27. Committee on the Elimination of Discrimination Against Women. General Recommendation No. 35 on Gender-Based Violence Against Women, updating General Recommendation No. 19, CEDAW/C/GC/35, 26 July 2017.

28. Ibid, para. 29.

29. African Commission on Human and Peoples’ Rights. African Charter on the Rights and Welfare of the Child. ACHPR, Banjul, 1990, article 21.

30. Of the 17 countries, 16 are in Africa, and 8 of the 9 countries included in this report are part of the Joint Programme.

31. Shell-Duncan B et al. Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal, Law and Society Review. 2013; 47(4).

32. United Nations Children’s Fund. Legislative reform to support the abandonment of female genital mutilation/cutting. New York: UNICEF; 2010; United Nations Population Fund. Driving forces in outlawing the practice of female genital mutilation/cutting in Kenya, Uganda and Guinea-Bissau. New York: UNFPA; 2013; United Nations Children’s Fund, Female genital mutilation/cutting: a statistical overview and exploration of the dynamics of change. New York: UNICEF; 2013; United Nations Population Fund. Demographic perspectives on female genital mutilation. New York; UNFPA; 2015.

33. United Nations Population Fund. Driving forces in outlawing the practice of female genital mutilation/cutting in Kenya, Uganda and Guinea-Bissau. New York: UNFPA; 2013, p. 8. Analysis of Legal Frameworks on Female Genital Mutilation

34. Of the nine countries that are included in this study, two countries (Mali and Sierra Leone) do not have explicit national laws against FGM. Only seven country fact sheets for the countries where a national legal framework against FGM exists were developed.

35. Future Policy, Winner Silver Award. Burkina Faso’s law prohibiting FGM, 2014 (http:// www.futurepolicy.org/wp-content/uploads/2015/06/fpa2014brochure_en_2nd_ed-1.pdf, accessed 24 October 2017).

36. Chrisman B et al. The impact of legislation on the hazard of female genital mutilation/ cutting: regression discontinuity evidence from Burkina Faso, abstract, Working Paper 432. Washington DC: Center for Global Development; 2016.

37. Diop NJ et al. Analysis of the evolution of the practice of female genital mutilation/cutting in Burkina Faso. New York: Population Council; 2008.

38. Shell-Duncan B et al. Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal, Law and Society Review. 2013; 47(4).

39. United Nations Population Fund. Driving forces in outlawing the practice of female genital mutilation/cutting in Kenya, Uganda and Guinea-Bissau. New York: UNFPA; 2013, p. 22.

40. For a more detailed explanation about why UNFPA has formally adopted the term “female genital mutilation” instead of “female genital mutilation/cutting”, see United Nations Population Fund. Implementation of the International and Regional Human Rights Framework in the elimination of female genital mutilation. New York: UNFPA; 2014, p. 12–13.

41. African Union. Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa. Addis Ababa: AU; 2003, article 5.

42. The UNFPA publication Implementation of the International and Regional Human Rights 74 Framework for the elimination of female genital mutilation (2014) further laid out the international human rights framework relating to FGM in the context of the United Nations and the AU. An analysis of the human rights of girls and women that are being violated by FGM, the treaties in which they are enshrined and the corresponding duties for governments under human rights law can be found in this publication.

43. See also Center for Reproductive Rights. Female genital mutilation, a matter of human rights: an advocate’s guide to action. New York: Center for Reproductive Rights; 2006, p. 17.

44. Burkina Faso, the Gambia, Guinea, Guinea-Bissau, Mali, Mauritania, Nigeria and Senegal.

45. Ratification is the international act whereby a State indicates its consent to be bound to a treaty. Accession is the act whereby a State accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other States. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force.

46. There are currently 10 United Nations human rights treaty bodies: (1) the Human Rights Committee, (2) the Committee on Economic, Social and Cultural Rights, (3) the Committee on the Elimination of Racial Discrimination, (4) the Committee on the Elimination of Discrimination against Women, (5) the Committee against Torture, (6) the Subcommittee on Prevention of Torture, (7) the Committee on the Rights of the Child, (8) the Committee on Migrant Workers, (9) the Committee on the Rights of Persons with Disabilities and (10) the Committee on Enforced Disappearances. There are currently two AU human rights treaty bodies: (1) the African Commission on Human and Peoples’ Rights and (2) the African Committee of Experts on the Rights and Welfare of the Child.

47. United Nations Population Fund. Lessons from the first cycle of the Universal Periodic Review: from commitment to action on sexual and reproductive health and rights. New York: UNFPA; 2014, p.3.

48. The Third Cycle started on 1 May 2017 during the 27th session of the Human Rights Council.

49. United Nations Population Fund. Implementation of the International and Regional Human Rights Framework in the elimination of female genital mutilation. New York: UNFPA; 2014, p. 52. Notes

50. United Nations General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 18 December 1979, United Nations, Treaty Series, Volume 1249, article 2(a).

51. Committee on the Elimination of Discrimination Against Women, General Recommendation No. 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW/C/ GC/28, 16 December 2010, para. 31.

52. Constitute Project (https://www.constituteproject.org/search?lang=en, accessed 24 October 2017).

53. Article 39(2) of Ghana’s Constitution provides that traditional practices that are injurious to a person’s health and wellbeing are abolished.

54. Article 35(4) of Ethiopia’s Constitution proclaims that the State has the duty to guarantee the right of women to be free from the influence of harmful customary practices. All laws, stereotyped ideas and customs that oppress women or otherwise adversely affect their physical and mental wellbeing are prohibited.

55. Shell-Duncan B. From Health to Human Rights: Female Genital Cutting and the Politics of Intervention, American Anthropologist. 2008:110(2).

56. The Penal Code of 1965 is revised in 1998. Article 305 of the 1998 Penal Code defined and punished genital mutilation, of both men and women: “Castration is the removal or mutilation of genital organs, both on the man and the woman. Any person guilty of this crime shall be punished with life imprisonment. If death ensued within forty days following the crime, the offender shall be sentenced to death”. The Penal Code of 1998 was recently revised and criminalizes FGM in Chapter 5, Section 2 (articles 258–261). The National Assembly approved the new Penal Code in July 2016, and it was promulgated by the President of the Republic in November of the same year, making it enforceable. This 75 means that article 305 is no longer applicable and replaced by articles 258–261.

57. Articles 405-410 of Law No. L/2008/011/AN of 19 August 2008 prohibits “all forms of female genital mutilation practiced by any person”.

58. Law No. L/2000/010/AN on Reproductive Health of 10 July 2000 prohibits violence against women and children, including FGM. Article 6 specifically provides that no one should harm the “reproductive organs”. Article 13 criminalizes and punishes “all female genital mutilations”.

59. Committee on the Elimination of Discrimination Against Women, Concluding observations on the combined seventh and eighth periodic reports of Nigeria, CEDAW/C/NGA/CO/7-8, 24 July 2017, para. 23.

60. Ibid, para. 24. See also Annex 5.

61. Unfortunately, the DHS and MICS do not provide data on the exact number of adult women who undergo FGM at a later age (>18) in Mauritania. However, according to the DHS in 2000 (the MICS does not provide data on age), only 1 per cent of the women underwent FGM when they were 5 years or older. This indicates that it is not very likely that many adult women in Mauritania undergo FGM.

62. Committee on the Elimination of Discrimination Against Women. Concluding observations on the combined second and third periodic reports of Mauritania, CEDAW/C/MRT/CO/2- 3, 24 July 2014, para. 25.

63. World Health Organization. Eliminating female genital mutilation: an interagency statement. Geneva: WHO; 2008, p. 4. See also World Health Organization. Female genital mutilation, fact sheet. Geneva: WHO; 2017 (http://www.who.int/mediacentre/factsheets/ fs241/en/, accessed 24 October 2017).

64. This quotation from the Circular letter is translated from French to English

65. Human Rights Committee, Concluding Observations Mali, CCPR/CO/77/MLI, 16 April 2003, para. 11. See Annex 5. Analysis of Legal Frameworks on Female Genital Mutilation

66. Human Rights Committee. Comments by the Government of Mali on the Concluding Observations, CCPR/CO/77/MLI/Add.1, 30 November 2007, para. 11.

67. See also United Nations Population Fund. Driving forces in outlawing the practice of female genital mutilation/cutting in Kenya, Uganda and Guinea-Bissau. New York: UNFPA; 2013, p. 22.

68. This has been done in the districts of Western Area Rural, Western Area Urban, Bo, Kambia, Port Loko, Pujehun, Bonthe, and Kailahun.

69. Committee on the Elimination of Discrimination Against Women. Concluding observations on the sixth periodic report of Sierra Leone, CEDAW/C/SLE/CO/6, 10 March 2014, para. 19.

70. Human Rights Committee. Concluding observations on the initial report of Sierra Leone, CCPR/C/SLE/CO/1, 17 April 2014, para. 12.

71. Ibid; Committee on the Elimination of Discrimination Against Women. Concluding observations on the sixth periodic report of Sierra Leone, CEDAW/C/SLE/CO/6, 10 March 2014, para. 19.

72. Committee on the Rights of the Child. Concluding observations on the combined third to fifth periodic reports of Sierra Leone, CRC/C/SLE/CO/3-5, 1 November 2016, para. 22–23.

73. Continuous Multisectoral Survey ‘EMC’ 2015.

74. United Nations Population Fund. Demographic perspectives on female genital mutilation. New York: UNFPA; 2015, p. 28.

75. Continuous Multisectoral Survey ‘EMC’ 2015.

76. Institut National de la Statistique et de la Démographie (INSD) et ICF International. 76 Enquête démographique et de santé et à indicateurs Multiples du Burkina Faso 2010. Calverton, MD, USA: INSD et ICF International; 2012, p. 290.

77. Ibid, p. 293.

78. More specifically, the First Lady of Burkina Faso, HE Mrs Chantal Compaoré and the Minister of Social Affairs and National Solidarity at that time, Mrs Clemence Traore Some.

79. United Nations General Assembly. Resolution 67/146 on Intensifying Global Efforts for the Elimination of Female Genital Mutilations, A/RES/67/146, 5 March 2013.

80. Ministre de l’Action Sociale et de la Solidarité Nationale. Plan stratégique national de promotion de l’elimination des mutilations génitales au Burkina Faso 2016–2020. Ouagadougou: Ministre de l’Action Sociale et de la Solidarité Nationale; 2015, p. 22.

81. Institutional act of religious censure used to deprive, suspend or limit membership in a religious community or to certain rights within it, in particular receiving of the sacraments.

82. Diop NJ et al. Analysis of the evolution of the practice of female genital mutilation/cutting in Burkina Faso. New York: Population Council; 2008, p. 15.

83. Ibid, p. 15.

84. For example, in 1985 by l’Union des Femmes Burkinabé (UFB) and in 1988 by Front Populaire.

85. In French, Comité National de Lutte contre la Pratique de l’Excision.

86. See also Ministre de l’Action Sociale et de la Solidarité Nationale. Evaluation du plan d’actions national (2009–2013) de promotion de l’élimination des mutilations genitales feminines dans la perspective de la tolerance zero. Ouagadougou: Ministre de l’Action Sociale et de la Solidarité Nationale; 2014.

87. Plan strategique national de promotion de l’elimination des mutilations genitales au Burkina Faso 2016–2020: “le gouvernement du Burkina Faso a érigé l’élimination des mutilations génitales au rang des priorités nationales”. Notes

88. Diop NJ et al. Analysis of the evolution of the practice of female genital mutilation/cutting in Burkina Faso. New York: Population Council; 2008, p. 4.

89. Institut National de la Statistique et de la Démographie (INSD) et ICF International. Enquête démographique et de santé et à indicateurs multiples du Burkina Faso 2010. Calverton, MD, USA: INSD et ICF International; 2012, p. 299.

90. UNFPA-UNICEF Joint Programme on FGM/C: Accelerating Change. Burkina Faso has a strong law against FGM/C, but winning hearts and minds remains crucial. New York: UNFPA-UNICEF Joint Programme; 2009, p. 6 (http://www.unfpa.org/sites/default/files/ resource-pdf/burkinafaso.pdf, accessed 24 October 2017).

91. Ibid, p. 6.

92. Ibid.

93. Committee on the Elimination of Discrimination Against Women. Sixth Periodic Report, Burkina Faso, CEDAW/C/BFA/6, 1 October 2009, p. 20.

94. Committee on the Elimination of Discrimination Against Women. Seventh Periodic Report, Burkina Faso, CEDAW/C/BFA/7, 27 May 2016, p. 19.

95. Institut National de la Statistique et de la Démographie (INSD) et ICF International. Enquête démographique et de santé et à indicateurs multiples du Burkina Faso 2010. Calverton, MD, USA: INSD et ICF International; 2012, p. 297.

96. Ibid.

97. One respondent explained that “most of the cutters are traditional cutters. They are old women. Medical practitioners are too afraid to lose their job”. See also 28 Too Many. Country profile: FGM in Burkina Faso. London, UK: 28 Too Many; 2015, p. 33 77

98. UNFPA-UNICEF Joint Programme on FGM/C: Accelerating Change. Burkina Faso has a strong law against FGM/C, but winning hearts and minds remains crucial. New York: UNFPA-UNICEF Joint Programme; 2009, p. 5 (http://www.unfpa.org/sites/default/files/ resource-pdf/burkinafaso.pdf, accessed 24 October 2017).

99. This is because people in Burkina Faso often did not understand the concept of conditional sentences, since they can go back home after the court case and do not serve a prison sentence or have to pay a fine.

100. UNFPA-UNICEF Joint Programme on FGM/C: Accelerating Change. Burkina Faso has a strong law against FGM/C, but winning hearts and minds remains crucial. New York: UNFPA-UNICEF Joint Programme; 2009, p. 2 (http://www.unfpa.org/sites/default/files/ resource-pdf/burkinafaso.pdf, accessed 24 October 2017).

101. Although the attempt to perform FGM is also criminalized in Burkina Faso (article 380), arrests and convictions for the attempt to perform FGM are not frequent.

102. UNFPA-UNICEF Joint Programme on FGM/C: Accelerating Change. Burkina Faso has a strong law against FGM/C, but winning hearts and minds remains crucial. New York: UNFPA-UNICEF Joint Programme; 2009, p. 5 (http://www.unfpa.org/sites/default/files/ resource-pdf/burkinafaso.pdf, accessed 24 October 2017).

103. Diop NJ et al. Analysis of the evolution of the practice of female genital mutilation/cutting in Burkina Faso. New York: Population Council; 2008, p. 4.

104. Research also shows that increased awareness of the existence of the law made the practice go underground in Senegal, see Middelburg MJ. Empty promises? Compliance with the Human Rights Framework in relation to female genital mutilation/cutting in Senegal, PhD dissertation. Tilburg University, the Netherlands; 2016, p. 288.

105. Institut National de la Statistique et de la Démographie, et Macro International Inc. 2000. Enquête Démographique et de Santé, Burkina Faso 1998-1999, p. 156. 78 Analysis ofLegal Frameworks onFemale GenitalMutilation 119. 118. 117. 116. 115. 114. 113. 112. 111. 110. 109. 108. 107. 106. UNFPA-UNICEF JointProgramme; 2009, p. 5. a strong law against FGM/C, andmindsremains butwinninghearts crucial.New York: UNFPA-UNICEF JointProgramme onFGM/C: Accelerating Change. BurkinaFaso has New York: UNFPA; 2015, p. 8. NationsUnited Population Fund. Demographic onfemale perspectives genital mutilation. in BurkinaFaso. New York: Population 2008,p. Council; 4. Diop NJetal.Analysis oftheevolution ofthepractice offemale genital mutilation/cutting Suivi delaSituation Enfants des Femmes, etdes Février 2008. àIndicateursEnquête parGrappes (MICS) Multiples FinalBurkinaFaso, 2006. Rapport in BurkinaFaso. New York: Population 2008,p. Council; 4. Diop NJetal.Analysis oftheevolution ofthepractice offemale genital mutilation/cutting UNFPA-UNICEF JointProgramme; 2009. a strong law against FGM/C, andmindsremains butwinninghearts crucial.New York: UNFPA-UNICEF JointProgramme onFGM/C: Accelerating Change. BurkinaFaso has Data Centre, UNESCO; 2015(retrieved 19November 2015). UNESCO. Adult literacy rate, population 15+ years sexes, (both female, male).Paris: UIS Évaluation BurkinaFaso conjointe (2008-2012). New York: UNFPA-UNICEF; 2013, p. 1. Programme UNFPA-UNICEF conjoint sure MGF/E: les Accélérer le changement. national law. Mali todate donotyet have suchalaw inspiteofseveral attempts tointroduce sucha Nigeria have andSenegal Mauritania, anational law prohibiting FGM. Sierra Leone and in this analysis, BurkinaFaso, theninecountries Of Guinea-Bissau, Guinea, tTheGambia, 2FebruaryGenital Mutilation, A/RES/71/168, 2017. Assembly, GlobalEfforts onIntensifying 71/168 Resolution for theElimination of Female of Female GenitalMutilations, A/RES/69/150, 2014; Nations United General 18December General Assembly, 69/150 Resolution GlobalEfforts onIntensifying for theElimination Elimination of Female Genital Mutilations, A/RES/67/146, 5 March Nations 2013; United NationsUnited General Assembly, 67/146 Resolution GlobalEfforts onIntensifying for the ofBurkinaFaso, reports periodic fourth CRC/C/BFA/CO/3-4, 9February 2010, 58. para. third observations ontheRightsofChild.Concluding onthecombined Committee and Burkina Faso, CEDAW/C/BFA/CO/6, 5November 2010, 25. para. ontheEliminationCommittee ofDiscrimination Against Women. observations Concluding Burkina Faso: 1999to2010, International Journalfor Equity inHealth.2015:14(42). Chikhungu LC, Madise NJ. Trends andprotective factors offemale genital mutilation in p. 293. Enquête Démographique etdeSanté etàIndicateurs duBurkinaFaso Multiples 2010., Institut National delaStatistique etdelaDémographie (INSD) etICF International, 2012. Annexes Annexes Bibliography Annex 8–CountryFactSheets Annex 7–RecommendationsofUniversalPeriodicReview Annex 6–UniversalPeriodicReviewCycles Annex 5–RecommendationsofTreatyMonitoringBodies Annex 4–Overviewratificationstatus Annex 3–PersonsinterviewedinBurkinaFaso Annex 2–QuestionnaireforFocalPoints Annex 1–Deskresearch 124 102 96 95 90 88 87 81 80

79 80 Annex 1 Analysis ofLegal Frameworks onFemale GenitalMutilation All relevant were documents repository. uploaded inanonlinedocument 7. 6. 5. 4. 3. 2. 1. The following were documents research: inthedesk included

2 most up- to-date) information to-date) up- most was inthestudy. included developments FGM concerning to make in all nine countries sure all (and the ‘grey –orso-called articles literature’ (recent) andblogs–about A search ontheInternet was inorder conducted to find (non- academic) also Gender-Based Violence or Violence Against orViolence Women Violence Gender-Based also more broadly. National andstrategies policy documents onFGM inparticular, but constitutions) were aswell asnational studied, law case documentation. National legal texts inrelation toFGM (includingapplicablenational laws, and therole oftheJointProgramme ineliminating FGM at thenational level. governments, therole Organisations ofCivilSociety at level thecommunity provided reports These studied. practical information therole about ofthe andevaluations OrganisationsReports ofCivilSociety andUNAgencies were FGM inWest Africa were consulted. Academic literature, about books anddissertations suchasjournalarticles, order togain understanding abetter oftheaction taken inthefieldof FGM. information’ andthe‘report oftheworking group’ were tostudyin essential In addition, the ‘compilation of UN information’, ‘summary of stakeholders’ theirhumanrightsobligations. andtofulfil rights situations intheircountry governments explain what actions they had taken toimprove thehuman Universal Periodic Review reports, Inthese oftheHumanRightsCouncil. the ‘national reports’ that totheWorking states submitted Group onthe towards performance countries eliminating FGM. for Thesameapplies wereof theTMBs analysedinorder the tofindouthow they assessed Organisations.of CivilSociety Inaddition, the‘concluding observations’ instruments were thoroughly aswell asthe‘alternative studied, reports’ thatTMBs monitorimplementation Nations oftheUnited andAU humanrights The national that reports thegovernments tothesubsequent submitted understandingbetter of the phenomenon of FGM countries. in the specific were in the nine countries DHS and MICS analysed in order to gain a Desk Research

Annexes Annex 2 1. 2. National Law Constitutional Guarantees • • • • • If not, canFGMIf not, prosecuted be underageneral (criminal) law provision? If yes, what kindoflaw? Is there law aspecific criminalizing FGM? 2.1 whicharticle: specify Please discrimination intheconstitution? enshrined menandwomen andtheprincipleofnon- between Is theprincipleofequality whicharticle: specify Please provide specifically theconstitution Does protection ofagainstwomen andgirls FGM? Country: Is thisanational law? orsub-national National law Yes, namely Women’s Act Children’s Act/Child Protection Code Penal Code Type ofLaw 2 NO YES YES YES Questionnaire ForUNFPAFocalPoints NO NO • • • • • Sub-national law No Other, namely Reproductive HealthLaw Act Violence Domestic

81 82 Analysis ofLegal Frameworks onFemale GenitalMutilation • • • • • thelaw allow exceptionsDoes need? ofmedical inthecase Is theattemptFGM toperform topunishment? subject also Is there aprovision and/or for punishmentespecially infibulation? ofFGMWhich type isprohibited? thelaw provideDoes adefinitionon FGM? • • inthelawWhich termisused torefer tothepractice? 2.2 Is FGM onlyillegal amongchildren/minors, amongadult oralso women? 2.3 Type III Type II Type I Both minors andadultBoth women adult women Only children/minors andexcluding Circumcision (Mutilation Génitale Féminine) Female genital mutilation Definition ofFGM Victims ofFGM YES, otherdefinition:namely YES,corresponds thedefinition withtheWHOdefinition NO YES, namely YES, namely YES, namely • • • • • • • • NO NO NO Not explicitly specified ofFGMAll types Type IV Other, namely Not specified Other, namely Sexual Mutilation Excision (l’Excision) Not Specified Not Specified Annexes Penalties increased whenFGM onminors? isperformed Penalties increased ifFGM leads todisabilityofthevictim? Penalties increased ifFGM leads todeath ofthevictim? What isthepenalty/sanction for FGM? Is FGM illegal regardless ofgirlsorwomen? theconsent to undergo FGM? applywhenthevictimisbrought thesamepenalty fromDoes anothercountry 2.4 Penalties Not Specified NO YES, applies maximumsentence Not Specified NO YES, applies maximumsentence Not Specified NO YES, applies maximumsentence Fine of Not Specified the offence. NO, ofthevictimwillprotect consent from someone prosecution for YES, isincreased sentence from YES, isincreased sentence from YES, isincreased sentence from of Imprisonment for theoffence. YES, ofthevictim willnotprotect consent from someone prosecution YES NO (local currency),(local whichisequivalent toUS$ months/years to Not Specified to to to months/years

83 84 Analysis ofLegal Frameworks onFemale GenitalMutilation Is thefailure anincidentofFGM toreport totheauthorities criminalized? • • • • • Who is(specifically) punishable? environment? Is adistinctionmade whetherFGM placeorinpublicprivate inhospital took orparamedicalWill medical professionals FGM performing have revoked? theirlicences or paramedical professional? Are increased thepenalties ifFGM outand/or iscarried promoted by medical 2.5 FGM border? outsidethecountry's Is there an extraterritorial clause, extending restrictions tocitizens whocommit 2.6 Offenders • • • If yes, whomustreport? Parents FGM whoperform Person assistingthecutter person thatFGM performs Other outFGMcarrying orparamedicalMedical professional Traditional outFGM cuttercarrying Family member professionals,Other specify orparamedicalMedical professional Medicalisation ofFGM NO YES YES, for upto YES, namely Not Specified NO YES, isincreased thepenalty from whichis YES, isthemaximumpunishment, thepenalty YES, is: thepenalty If yes, distinctionis: months/years • • • • • • • Other, namely requesting FGM having authority over thechild oranyAscendants otherperson towards whopushes Someone FGM Parents whorequested FGM NO Not specified Anyone member Community months/years to NO NO Not Specified years months/years Annexes 3. Court Cases Are there any FGM cases? court complaint? Who hasstandingtofileacriminal of FGM inplace andfunctional? Are referral for mechanisms reporting, andprotection ofgirlsandwomen at risk discrimination exclusion? andsocial thelaw protectDoes girlsandwomen whohave those notundergone FGM from 2.8 Is thelegislation through drafted aconsultative process? 2.7 If yes, how many? If yes, how many? • • • • • prosecuted?If yes, whohasbeen Parents FGM whoperform Person assistingthecutter outFGMcarrying orparamedicalMedical professional Traditional outFGM cutter carrying Person that FGM performs Social exclusion Drafting process Victim ofFGM 0-10 Other ofthevictim NGO onbehalf Parent orany otherperson having authority over thechild (for example SOS Hotline, surveillance, safe houses…) YES, because YES, inarticle YES, because YES 10-20 20-30 • • • • Other, namely the childrequesting FGM person having authority over oranyAscendants other towards whopushes Someone FGM Parents whorequested FGM NO NO, because NO NO 30-40 40-50 50+

85 86 Analysis ofLegal Frameworks onFemale GenitalMutilation 4. Implementation Is thelegislation onFGM andnational policies implemented? being Is government budget for allocated theimplementation oflegal frameworks onFGM? implementation ofnational legislative frameworks? Are effective andappropriate measures developed inorder toensure theeffective • • law enforcement established? andnational policies Are national for mechanisms theimplementation andmonitoringoflegislation, • • • If yes, didperpetrators sentence? prison full serve If yes, what was thesanction? NO, theGovernment rely does ondonorfunding YES, namely Fine of of Imprisonment YES National institutionalmechanism mechanism self-monitoringIndependent Guidelines/protocols for professionals Strategies onFGM National Action Plans onFGM YES, because NO NO YES, namely: NO YES, namely: NO (local currency),(local whichisequivalent toUS$ (local currency),(local whichisequivalent toUS$ months/years to If not, specify If not, • • • • • Other policies, namely policies, Other andregulationsRules Trainings for professionals Establishment mechanisms ofcomplaint bodies National coordination andmonitoring months/years

Annexes Annex 3 Deputy prosecutorDeputy Prison Police Health Center Gendarmerie L’Action Sociale City: Kaya Voix deFemmes SP/CNLPE UNICEF UNFPA ofJustice Ministry City: Ouagadougou 2 Persons InterviewedinBurkinaFaso Ms Kotim Yameogo Mr Claude Ouedraogo; MrYves Dabiré Mr MoumouniOuedraogo Mrs JudithPitroipa Mr Honoré Tingueri;MrSaléMady Keita; Mr TimothéKambiré Mr MichelKaboré; MrAyouba Tao Ms Mariam Lamizana Mrs Sankara Aimée Mrs Rachelle Badolo; MrStanyslas Ouaba; MrNoel Benao; Mr Désiré Yameogo Mr Lacina Zerbo Mrs Edwige Adekambi Domingo; Mrs Edith Ouedraogo; Mrs PulchèrieBambaSawadogo

87 88 Annex 4 Analysis ofLegal Frameworks onFemale GenitalMutilation * ACHPR (1981) CEDAW (1979) ICESCR (1966) ICCPR (1966) updated:Last 24 2017 October Sierra Leone Senegal Nigeria Mauritania Mali Guinea-Bissau Guinea the Gambia Burkina Faso Country (b), 14 (1) and16, ViennaConvention ontheLaw ofTreaties 1969] approval for thetreaty level legislation onthedomestic to give andto effect enact domestic thenecessary to that treaty. 2 (1) [Arts. informed ofthesituation. Theinstitutionofratificationall parties the time-frame seek to grantsrequired states thenecessary ofmultilateralwhile inthecase treaties theusualprocedure theratifications to collect isfor ofallstates, thedepositary keeping of In bilateralthe case byconsent such an treaties,act. ratification is usually by accomplished exchanging the requisite instruments, Ratification: theinternational act whereby astatebound indicates be consent to atreatyto intended its to show their iftheparties 2  http://www.achpr.org/instruments/achpr/ratification/ Source: African onHumanandPeople's Commission Rights https://treaties.un.orPages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en Source: Unite Nations Treaty Collection https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&clang=_en Source: Unite Nations Treaty Collection https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-4&chapter=4&clang=_en Source: Unite Nations Treaty Collection 1996 1978 1993 2004 1974 2010 1978 1979 1999 Accession** Year Ratification*/ Rights on CivilandPolitical International Covenant ICCPR (1966) Overview RatificationStatus accession ratification accession accession accession ratification ratification accession accession 1996 1978 1993 2004 1974 1992 1978 1978 1999 Accession** Year Ratification*/ and Cultural Rights on Economic, Social International Covenant ICESCR (1966) accession ratification accession accession accession accession ratification accession accession 1988 1985 1985 2001 1985 1985 1982 1993 1987 Accession** Year Ratification*/ against Women of Discrimination Elimination ofAllForms Convention onthe CEDAW (1979) ratification ratification ratification accession ratification ratification ratification ratification accession 1983 1982 1983 1986 1981 1985 1982 1983 1984 Year Ratification Rights Human andPeoples’ African on Charter ACHPR (1981) ratification ratification ratification ratification ratification ratification ratification ratification ratification 1990 1990 1991 1991 1990 1990 1990 1990 1990 Accession Year Ratification/ of theChild Convention onthe Rights CRC (1989) ratification ratification ratification ratification ratification ratification accession ratification ratification Year Ratification Child Rights andWelfare ofthe African onthe Charter ACRWC (1990) 2002 2001 2001 2005 1998 2008 1999 2000 1992 ratification ratification ratification ratification ratification ratification ratification ratification ratification Ratification Year Rights ofWomen inAfrica" Peoples' Rightsonthe onHumanand Charter "Protocol to theAfrican Maputo Protocol (2003) 2015 2004 2004 2005 2005 2008 2012 2005 2006 ratification ratification ratification ratification ratification ratification ratification ratification ratification signature year ratified, If not Ratification Year African Youth Charter AYC (2006) x 2009 2009 2012 2007 2008 2011 2009 2008 signature year ratified, If not 2008 Annex 4 Sierra Leone Senegal Nigeria Mauritania Mali Guinea-Bissau Guinea the Gambia Burkina Faso Country 2  1996 1978 1993 2004 1974 2010 1978 1979 1999 Accession** Year Ratification*/ Rights on CivilandPolitical International Covenant ICCPR (1966) Overview RatificationStatus accession ratification accession accession accession ratification ratification accession accession 1996 1978 1993 2004 1974 1992 1978 1978 1999 Accession** Year Ratification*/ and Cultural Rights on Economic, Social International Covenant ICESCR (1966) accession ratification accession accession accession accession ratification accession accession 1988 1985 1985 2001 1985 1985 1982 1993 1987 Accession** Year Ratification*/ against Women of Discrimination Elimination ofAllForms Convention onthe CEDAW (1979) ratification ratification ratification accession ratification ratification ratification ratification accession 1983 1982 1983 1986 1981 1985 1982 1983 1984 Year Ratification Rights Human andPeoples’ African on Charter ACHPR (1981) ratification ratification ratification ratification ratification ratification ratification ratification ratification NB: reservations notcontain Thistabledoes made by states they because were relevant not deemed for thispublication. ** Maputo Protocol ACRWC (1990) CRC (1989) AYC (2006) (2003) 1990 1990 1991 1991 1990 1990 1990 1990 1990 Accession Year Ratification/ of theChild Convention onthe Rights CRC (1989) (1) (b) and15, ViennaConvention ontheLaw ofTreaties 1969] by otherstates. Ithasthesamelegal effect as afterratification.occurs the usually Accession treaty hasentered into force. 2 [Arts. theactAccession: whereby to atreaty aparty astate become to already theoffer accepts ortheopportunity negotiated andsigned Annexes ratification ratification ratification ratification ratification ratification accession ratification ratification https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV11&chapter=4&clang=_en Source: Unite Nations Treaty Collection Source: African onHumanandPeople's Commission Rights Source: AricanUnion http://pages.au.int/acerwc/pages/acrwc-ratifications-table http://www.au.int/en/sites/default/files/treaties/7789-sl-african_youth_charter_2.pdf Source: African Union http://www.achpr.org/instruments/women-protocol/ratification/ Year Ratification Child Rights andWelfare ofthe African onthe Charter ACRWC (1990) 2002 2001 2001 2005 1998 2008 1999 2000 1992

ratification ratification ratification ratification ratification ratification ratification ratification ratification Ratification Year Rights ofWomen inAfrica" Peoples' Rightsonthe onHumanand Charter "Protocol to theAfrican Maputo Protocol (2003) 2015 2004 2004 2005 2005 2008 2012 2005 2006

ratification ratification ratification ratification ratification ratification ratification ratification ratification signature year ratified, If not Ratification Year African Youth Charter AYC (2006) x 2009 2009 2012 2007 2008 2011 2009 2008 signature year ratified, If not 2008

89 90 Annex 5 Analysis ofLegal Frameworks onFemale GenitalMutilation Country Faso Burkina Gambia The Body Body Monitoring Treaty Child Welfare ofthe the Rightsand on of Experts Committee African against Women Discrimination Elimination of on the Committee Child the Rightsof Committee on Cultural Rights and Social on Economic, Committee against Women Discrimination Elimination of on the Committee Child the Rightsof Committee on 2 Bodies Recommendations ofTreatyMonitoring Year 2009 2010 2010 2016 2015 2015 policy frameworks onFGM Recommendations (Concluding Observations) onlegaland and NGOs intakingcareand NGOs ofthisissue. Action andNationalSocial Solidarity, CSOs theotherministries, Committee suggests the provisions excision. concerning in theCriminalCode The legal instrumentsofrepression ofsuchpractices, inparticular ontheurgency services the competent ofimplementingthe The Committee recommends to: the State […] party . includingparents, to justice bring offenders, withthispractice.connected to theState callsupon Italso party and traditional leaders asto so change traditional perceptions on itsrobust publicadvocacy strategy, amongparents especially fully eradicateefforts to female genital mutilation and to carry The Committeeencourages to theState increase party its intheregion countries with neighbouring to combat FGM perceptions withFGM; connected (b) Reinforce cooperation awareness-raisingand continuing efforts tochange cultural that offenders are and prosecuted adequately punished by better coordinating anti-FGM related ensuring activities, efforts to eradicate FGM throughout its territory, in particular to: theStateThe Committeecallsupon (a) party Pursue its regular awareness-raising campaignsagainst it. empirical data, ontheroot ofthispractice causes andconducting corroborated such meansasacting onthefindingsofstudies, by To responsible, victims . andcompensate genital mutilation, To expedite theadoption oflegislation criminalizingfemale or childmarriage. TheCommittee urges (a) theState party: adequately address female genital mutilation, maritalrape It remains however, concerned, that thelegislation not does of relevant theWomen’s legislation, inparticular Act in2010. have incorporated been into national law through theadoption The Committeenotesthat many provisions oftheConvention becoming victims, ofthepractice. victims, becoming mechanisms andcomplaints genital mutilation, reporting andestablish and psychological recovery programmes for victimsoffemale female genital mutilation 2013–2017; (c) To provide physical the National Plan of Action for Accelerated Abandonment of mutilation; (b) To ensure theeffective implementation of provisions criminalizing the practice fully of female genital The Committeeurges (a) theState party: To adopt legal to combat femaleredouble genital its efforts mutilation by accessible to girlswhohaveaccessible orfear victims, been prosecute and adequately punish those between the Ministry of collaboration the Ministry between sensitize Annexes Country Guinea Bissau Guinea- Body Body Monitoring Treaty Child the Rightsof Committee on against Women Discrimination Elimination of on the Committee Child Welfare ofthe the Rightsand on of Experts Committee African against Women Discrimination Elimination of on the Committee Year 2013 2014 2014 2009 policy frameworks onFGM Recommendations (Concluding Observations) onlegaland other harmful practicesother harmful are outlawed andpunished. FGM that (a) theState party: Enforce existing legislation prohibiting the delegation duringthedialogue. TheCommitteerecommends ofgirlsandwomen arecent to stillsubject FGM asindicated by elaboration ofastrategic planagainst FGM (2012-2016), 96per prohibiting female genital mutilation (FGM) (art.13) and the of law L010/AN/2000 of10July2000onreproductive health, The Committee notes withregret that inspite oftheenactment effectively investigated,. andpunished prosecuted perpetrators andpractitioners offemale genital mutilation are prohibiting female genital mutilation ; (c) To ensure that the onthestrict application oflegislationand thejudiciary other law enforcement workers officials,healthandsocial traditional (b) To beliefs; provide training and for thepolice of female genital mutilation anditsunderlyingcultural and it asahumanrightsviolation, inorder to eliminate thepractice forand women and the need men and women both to negative impact offemale genital mutilation onthelives ofgirls to lead itspreventive strategies andraise awareness ofthe in cooperation withcivilsociety, traditional andreligious leaders, The Committeeurges (a) the State party: To strengthen efforts, report FGM servantsofficials andpublic toreport . cases and convict perpetrators , d.Putsanobligation onGovernment c.Thoroughly that itisefficient, investigate,assert prosecute leaders the impact and assess of the awareness raising results to awareness raising campaignsinvolving andtraditional themedia enforce thelaw whichforbids FGM, b. aggressive Conducts measures to urgently address thisviolation: Effectively a. one ofthepriorityareas oftheGovernment andtake thefollowing Committee recommends that theelimination ofFGM becomes rate ofFGM whichstandsat 97% prevalence inthecountry. The theCommittee noteswithgreatNevertheless, thehigh concern line andprosecuting onewoman for excision. committing The Committee gives theState Party credit for introducing help interim, underexisting provisions ofthePenal Code. accordance withtheseverity inthe ofthisviolation, including, to ensure that offenders are in andpunished prosecuted legislation explicitly prohibiting female genital mutilation and The Committee urges to the State enact without delay party […]by bringingperpetrators, andensure to justice that recognize 2

91 92 Analysis ofLegal Frameworks onFemale GenitalMutilation Country Bissau Guinea- Mali Body Body Monitoring Treaty Child the Rightsof Committee on Committee Human Rights Child the Rightsof Committee on Child Welfare ofthe the Rightsand on of Experts Committee African against Women Discrimination Elimination of on the Committee Year 2013 2003 2007 2009 2013 and policy frameworks onFGM Recommendations (Concluding Observations) onlegal National Committee against Harmful Practices Harmful against . National Committee leaders, to eliminate thispractice; (d) Providing to the support officials atall levels, and traditional, communityand religious including campaignstargeting menandwomen, including both Reinforcing publiceducation andawareness-raising programmes, are allocated for inrural areas; itsimplementation, inparticular (c) comprehensive mannerand ensuringthat adequate resources this violation; (b) ImplementingtheNational PlanofAction ina are inaccordance andpunished prosecuted withtheseverity of enforcing thecriminalization ofFMG/C, ensuringthat offenders prevent female genital mutilation, includingthrough: (a) Effectively The Committee urges to theState strengthen party itsefforts to signal to concerned. those of female genital mutilation asto so aclearand strong send shouldprohibitThe State andcriminalize party thepractice children, andensure that perpetrators are brought. to justice including earlyandforced whichare marriages, to harmful mutilation andtheprohibition oftraditional marriage practices, legislative measures ontheprohibition offemale genital The Committee urges to: theState (a) party Implement punish offenders like inthesub-region.countries theother of Mali to adopt alaw to prohibit practices andseverely these Mali, the Committee strongly recommends to the Government Given theextent ofthepractice offemale genital mutilation in negative impact ofthepractice onwomen andgirls. to raise theawareness oftraditional andreligious leaders ofthe action to combat female genital mutilation, includingactivities allocated to ensure theimplementation ofthenational planof The Committeerecommends that sufficient resources be are that perpetrators andpractitioners offemale genital mutilation sanctionsto onthestrictapplication ensure ofthese judiciary enforcement, health-care workers officers andsocial andthe the ChildProtection andprovide Code training for law mutilation, ensure that thepractice under issanctioned finalizethe State party thebill to prohibit female genital The Committee reiterates itsprevious recommendation that effectively investigated, . andpunished prosecuted Annexes Country Mauritania Nigeria Senegal Body Body Monitoring Treaty Child the Rightsof Committee on Committee Human Rights against Women Discrimination Elimination of on the Committee Child the Rightsof Committee on against Women Discrimination Elimination of on the Committee against Women Discrimination Elimination of on the Committee Year 2009 2013 2014 2010 2017 2015 and policy frameworks onFGM Recommendations (Concluding Observations) onlegal that inallcircumstances. itapplies its efforts toenforce the criminalization ofFGM andensure The Committee recommends that strengthen theState party mutilation. criminalizingfemaleand adopt genital thebillspecifically 12oftheordinance onthejudicialprotectionarticle ofchildren shouldensureThe State party theeffective implementation of women andrecognize itasahumanrightsviolation. of thenegative impact offemale genital mutilation onthelives of mutilation (d) occurs; To strengthen efforts to raise awareness in order to prosecute practitioners whenever female genital […] To amenditslegislation onthejudicialprotection ofchildren and to for address thelives ofwomen; consequences itsharmful adoption oflegislation criminalizingfemale genital mutilation The Committee urges (a) theState party: To expedite the and traditional dignitaries. parents, heads women andgirls, offamilies, religious leaders awarenessconduct raising programmes for, andinvolving, including by enacting legislation to prohibit FGM andto […] (d) To eliminate FGM and other traditionalharmful practices, The Committeeurges the State party, asamatter ofpriority: human rightsofwomen. “female circumcision”,so-called and its adverse effect on the thecriminalnatureabout offemale genital mutilation, including among religious andtraditional leaders andthegeneral public female genital mutilation isprevalent; (b) awareness Raise Act inallfederal of2015applies in which states, includingthose (a) recommends that theState party: in whichfemale genital mutilation isprevalent. TheCommittee the Federal CapitalTerritory federal andnotinthose states whichproscribes female genitalAct, mutilation, onlyin applies that the concerned prevalent. TheCommitteeisparticularly practice CEDAW/C/NGA/CO/7-8 continues 8/17 17-11289 to be Personsagainst (Prohibition) Act in2015, thisharmful genital mutilation, including the adoption of the Violence the measures taken by to theState combat female party The Committeereiterates notwithstanding that, itsconcern genital mutilation (2010-2015). national action planto accelerate theelimination offemale 1999 criminalizingfemale genital mutilation andofthesecond effective implementationLaw of No. January 99-05of29 The Committeerecommends that to theState ensure party the Ensure Persons thatagainst theViolence (Prohibition) 2

93 94 Analysis ofLegal Frameworks onFemale GenitalMutilation Country Senegal Leone Sierra Body Body Monitoring Treaty Child the Rightsof Committee on Committee Human Rights against Women Discrimination Elimination of on the Committee Child the Rightsof Committee on Year 2016 2014 2014 2016 and policy frameworks onFGM Recommendations (Concluding Observations) onlegal contained intheConvention.rights contained traditional practices donotprevent children from enjoying the for theirimplementation; (d) Ensure and that customary providing adequate andfinancial human,technical resources […]andontheprotection includingby ofvictims, and incest, prohibiting rape, female genital mutilation, assault andbattery, of existing laws […]Law No., inparticular 99-05of1999 to […]ensuremeasures theeffective necessary enforcement The Committeerecommends that take theState party all party shouldexplicitlyparty prohibit female genital mutilation. practiceharmful stillprevails 3, 7and26). TheState (arts.2, regrets that impunityfor perpetrators ofthisunlawful and TheCommittee during theadoption oftheChildRightsAct. provisionproposed to criminalize female genital mutilation therejection ofa practices, concern butnoteswithserious criminalizes traditional harmful ofsome thecommission theChildRightsActThe Committeewelcomes (2007), which traditionalharmful female practices, genital especially mutilation. by of reports the The continuing Committee is concerned changing stereotypes, attitudes andpractices. discriminatory female genital mutilation practices, andotherharmful and levels,and local withaview to fostering adialogueoneliminating women’s organizations andtraditional leaders, at theprovincial consultations and inholdingsociety intensify withcivil itsefforts mutilation andotherpractices.harmful To this end, it should that […]Explicitlyprohibit theState female party: genital mutilation throughout thecountry. TheCommittee recommends organizationscivil society onthe banning ofchildfemale genital the“Soweis”,of understanding between signed and chiefs local the adoption oftheChildRightsAct , despitethememorandum provision criminalizingchildfemale genital mutilation during prohibition practice ofthisharmful andthe rejection ofa prevalence offemale genital mutilation and the […] Thecontinued The Committee noteswithconcern: practiced andisnotprohibited inlaw for children. (a) that: concerned is seriously Female genital mutilation isstill submitting children to female genital mutilation, theCommittee practitioners of female genital mutilation againstin thefight oftheGovernment’s the hugeDespite success efforts toinclude lack of legal lack of legal

Annexes Annex 6 Sierra Leone Senegal Nigeria Mauritania Mali Guinea-Bissau Guinea The Gambia Burkina Faso Country 2  Universal PeriodicReviewCycles 2011 2009 2009 2010 2008 2010 2010 2010 2008 (2008-2011) First Cycle 2016 2013 2013 2015 2013 2015 2015 2014 2013 (2012-2016) Cycle Second 2021 2018 2018 2020 2018 2020 2020 2019 2018 (2017-2021) Third Cycle

95 96 Annex 7 Analysis ofLegal Frameworks onFemale GenitalMutilation The Gambia Burkina Faso under review Country Australia Angola Italy Spain Maldives Canada India Ghana Germany Slovenia Slovenia Finland Denmark Uruguay recommendation making Country 2  made duringtheSecondCycle(2012-2016) Periodic Review Recommendations ofUniversal 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2013 2013 2013 2013 Year the practice offemale genital mutilation. Take mutilation. at eradicating practice theharmful offemale genital Strengthen andaccelerate aiming mechanisms perpetrators. banning female genital mutilation andpunishingthe Adopt andimplementeffective legislation at aimed and theimplementation ofpreventative measures. accelerate theeradication offemale genital mutilation Follow up effectively the criminalizing acts suchasfemale genital mutilation. eliminating violence, legislation domestic andenact specific legislationEnact violence withtheaimof domestic female genital mutilation Introduce practice offemale genital mutilation enactingConsider acomprehensive law prohibiting the female genital mutilation initslaw andenforce it Take urgent steps to incorporate theprohibition of practice offemale genital mutilation Enact andenforce effective legislation prohibiting the Enact legislation prohibiting female genital mutilation. with men inpublicandprivateparticipate life footing onanequal measures to enablewomen to taking allthenecessary forms against ofviolence women, includingFGM, and Further leaders andparents, menandwomen. both and In order to eradicate FGM, increase public advocacy practices, suchasFGM, prohibited by law. a highprevalence, to eliminate customary harmful Take are to harmful children particularly matrimonial practices, includingforced marriages which punishment; andadopt measures to prohibit traditional bring perpetrators andensure to justice adequate genital mutilation (FGM) throughout thecountry; andincreaseContinue to efforts eradicate female on FGM Recommendations onlegalandpolicy frameworks and public officials, traditional andpublicofficials, training ofjudiciary all necessary measures to prohibit all necessary , especially inregionsconcrete steps , especially displaying tostrengthening eliminate national all efforts legislation to criminalize thepractice of national plan of action to and eliminate

Annexes Guinea under review Country Slovenia Republic ofKorea the Netherlands Italy Ireland France Czech Republic Chile Argentina America United States of the Philippines recommendation making Country 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 Year of the harmful consequences ofsuchpractices. consequences of theharmful of thelegal prohibition andincreased awareness-raising traditional practices, includingthrough strictenforcement to efforts eliminateRedouble FGM andotherharmful on thehealthrisks practice. ofthisharmful awareness-raisingtime enhance activities by focusing prohibiting female genital mutilation andat thesame Strengthen the female genital mutilation are. prosecuted prohibiting FGM andto ensure that perpetrators of mutilation, that isto enforce existing legislation Take adequate measures to combat female genital schools. appropriate awareness andeducation campaigns, in including order to reduce thecurrent rate ofFGM inthecountry, Make to applyexisting allefforts national legislation in associated withthispractice aswell asitsprohibition. awareness raising measures therisks about andharm the eradication ofFGM, andto undertake additional enforcement of Law L010/AN/2000, with a view to Take measures to ensure allnecessary theeffective brought andby to justice raising awareness genital mutilation, by are ensuringthat these systematically female Combat against violence women, in particular girls affected. programmes to women and as support well as medical perpetrators, educational andawareness-raising genital mutilation, includingthepunishmentofits Adopt acomprehensive strategy to fightagainst female promoting achange incustom. implement theprohibition offemale genital mutilation, Strengthen andbroaden theStrategic Plan to effectively implementation ofsanctionsagainst ofcrimes. thistype ; andstrengtheneffective to justice access the against women andfemale genital mutilation; ensure Strengthen actions against discrimination, violence practiceharmful andadvance gender equality programming, and state andnon-state stakeholders indialogueoneducation, female genital mutilation/cutting, includingby engaging toContinue women andchildren. of itslaws prohibiting traditional practices to harmful takingstepsConsider towards strictimplementation on FGM Recommendations onlegalandpolicy frameworks effective criminalprosecution ofthepractice, and build on efforts toimplement and build on efforts address enforcement of existing legislation needed tolegislation eliminate needed this 2

97 98 Analysis ofLegal Frameworks onFemale GenitalMutilation Mali Guinea-Bissau under review Country Hungary Czech Republic Germany Switzerland Spain Mexico Italy Ireland Chile Australia Germany recommendation making Country 2013 2013 2013 2013 2015 2015 2015 2015 2015 2015 2015 Year are brought. to justice and ensure that perpetrators practice ofthisharmful Take and criminalizingFGM. and Intensify thepublicawareness campaignagainst FGM excisions andprovide appropriate penalties. Adopt criminallaws explicitly prohibiting FGM and forms ofFGM. Adopt aspecific PracticesHarmful . forof theNationalElimination of Committee while strengthening likewise themeansandinitiatives traditional leaders inorder to eradicate fully thispractice, with awareness-raising campaignsandby working with Plan onfemale genital mutilation, by strengthening it Improve theimplementation oftheNational Action implementation inrural areas. as well asappropriate budget allocations for its to make effective thepunishment ofsuchpractices, evaluation andmeasures ofoutcomes mechanisms female genital whichincludes mutilation andCutting, Draw upafollow-up planto theAction Planto Combat genital mutilation/cutting. to reduce oftheheinouspractice theincidence offemale and develop learned lessons Identify a new action plan Plan to Combat female genital mutilation/Cutting. theimplementation of the NationalAssess Action raising programmes at aimed eliminating thispractice. as well asre-enforcing publiceducation andawareness- inaccordance andpunished prosecuted withthelaw, female genital mutilation, ensuringthat offenders are Take measures to enforce thecriminalization of raising programmes. and additionally, strengthen education andawareness- practice iseradicated andeffectively criminalized, plan to combat female genital mutilation that so this Accelerate theimplementation ofthenational genital mutilation are brought. to justice mutilation ensure andalso perpetrators offemale awarenessRaise ofthecriminalization offemale genital sexual effectively. andgender-based violence inmeasureslegal gapsandotherdeficiencies to combat mutilation violence, as well as domestic and to femalegender-based violence, genital inparticular Implement existing laws prosecute sexual to and on FGM Recommendations onlegalandpolicy frameworks adopt, and implement, legislation prohibiting and implement, adopt, legislative measures to prohibit all forms of FGM legislation at aimed prohibiting all address Annexes Senegal Nigeria Mauritania Mali under review Country Paraguay Angola Italy Japan Austria Republic ofKorea Ireland Sweden Namibia Canada Philippines IrelandNorthern Great Britainand United Kingdom of Portugal Montenegro recommendation making Country 2013 2013 2013 2013 2013 2013 2013 2015 2015 2015 2015 2015 2013 2013 Year eliminating feminine genital mutilation. toContinue strengthen withaview to allpublicpolicies abandonment ofthispractice until2015 National Actionthe second Planfor accelerating the genital mutilation, itsaction inthe implementation of Continue, intheframework ofthefightagainst female to increase. to justice victims'access awareness-raising campaigns including FGM, by enhancingmeasures, suchasad hoc fightingagainstContinue gender-related violence, effective measure to raise awareness ofthepeople. Legislation for the eradication of FGM as well as to take this scourge. awareness-raisingand continue campaignsto eradicate Enact acomprehensive national law prohibiting FGM mutilation, at thenational level. withregardespecially to the prohibition of female genital toContinue make to against efforts curbviolence women, Persons (Prohibition) by Billispassed theSenate. who are andthat Against victimsofviolence; theViolence states, takes steps to for ensure to justice women access Introduce laws against female genital mutilation inall ban suchpractices asfemale genital mutilation. inorderrights ofwomen aswell asto increase to efforts inthearea particularly ofhuman in thefieldofhumanrights, toviolence, secure andthecapacities needed advancement and thenational to commission combat gender-based Strengthen the National HumanRightsCommission marriage andfemale genital mutilation. Implement laws combating childandearlyforced legal measures practices. these to penalise mutilations andgavage, includingimplementation of to andintensifyContinue efforts eradicate female genital legislative action against gender-based violence. educational andby campaigns, encouraging faster by increasing resources for publicawareness and including theelimination offemale genital mutilation, toIntensify against efforts combat violence women, against children. including female genital mutilation andsexual offences actscriminalise of sexual and gender violence, based Develop aNational Action Planto prevent and Urgently adopt legislation to banFGM. CEDAW andtheCommittee ontheRightsofChild. practice ofFGM inlinewithrecommendations made by Enact legislation prohibiting allforms oftraditional on FGM Recommendations onlegalandpolicy frameworks and legal aid programme 2

99 100 Analysis ofLegal Frameworks onFemale GenitalMutilation Sierra Leone Senegal under review Country Switzerland Botswana Congo Australia Spain Germany Slovenia Zambia Lebanon Poland France Madagascar Algeria Rwanda Burkina Faso recommendation making Country 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 2013 2013 2013 Year recommended. Prohibit legally female genital mutilation, aspreviously mutilation, andsexual domestic violence. criminalizing andimplementing laws onfemale genital Ensure theprotection by oftherightswomen, especially initiation rites. Adopt alaw prohibiting ofminorgirlsin participation progressfurther ineliminating practice. thisharmful lawscutting inthedomestic ofSierra to Leone achieve Explicitly criminalize female genital mutilation and girls andwomen. practicesharmful for physical andpsychological healthof Punish thepractice offemale genital mutilation and any review andaccepted by Sierra Leone. as previously recommended in the first universal periodic and religious leaders and programmes for parents, women, girlsand traditional an appropriate mannerthrough awareness-raising Address theissueof female genital mutilation in measures to enforceall necessary theprohibition. women inrelation andtake to allegations ofwitchcraft, and forced marriage andpractices inflicted onelderly includingfemaleof allages, genital mutilation, child, early Explicitly prohibit practices allharmful against women age limitof18age andcriminalize thepractice. Totally banfemale genital to the mutilation asopposed Pass laws prohibiting female genital mutilation. regard, for parents, particularly women andgirls awareness-raisingand conduct programmes inthis Enact legislation to prohibit female genital mutilation the practice offemale genital mutilation. Discrimination against Women andactively fightagainst with theConvention ontheElimination ofAllForms of Ensure that alllegal standards are inconformity order to ensure that they canenjoy autonomy. mutilation andimplementstandards onwomen’s rightsin Adopt national legislation prohibiting female genital national Planto eliminate excision (2012–2015). to itsefforts achieveContinue thegoals ofthesecond Action Plan. eradication ofexcision by 2015asindicated innational itspositiveContinue engagement toward thetotal of FGM, according to thelaw 1999. January of22 campaigns, Prosecute who, andpunishpersons despiteawareness on FGM Recommendations onlegalandpolicy frameworks continue to be perpetrators or accomplices perpetrators to be continue oraccomplices suitable legal instruments, Annexes Sierra Leone under review Country Cabo VerdeCabo Japan Uganda Czech Republic recommendation making Country 2016 2016 2016 2016 Year mutilation andearlymarriage. of women, andintensify actions against female genital Adopt legislation to prohibit female genital mutilation. human rightsofwomen, includingtheintroduction of toContinue take measures to protect andpromote the mutilation inthecountry. view to totally eliminating thepractice offemale genital Strengthen thebanoninitiation ofwomen withthe violation ofhumanrightsgirlsandwomen. raising campaign onfemale genital mutilation asa mutilation, to initiate andawareness- apublicdiscussion Introduce the total legislative ban of female genital on FGM Recommendations onlegalandpolicy frameworks pertinent measures for empowerment economic pertinent

101 102 Annex 8 Analysis ofLegal Frameworks onFemale GenitalMutilation Senegal Nigeria Mauritania Guinea-Bissau Guinea The Gambia Burkina Faso 2  against femalegenitalmutilation Country factsheetsonlaws 121 118 115 112 109 106 103 of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women Figure 1:Prevalence offemale genital mutilation inBurkinaFaso, 1998–2015 Burkina Faso Annexes and itsenforcement Legislation onfemalegenitalmutilation

FGM Prevalence Ratification ofinternational treaties 30% 40% 50% 60% 70% 80% 90% 2 2 2 2 2 2 2 2 rights ofwomen and children FGM: condemning Burkina Faso hasratified allinternational and conventionsregional onthe 2 2 2 2 2 2 2 2 African Youth Charter, 2008 Maputo Protocol, 2006 ontheRightsandWelfareAfrican Charter oftheChild, 1992 Convention ontheRightsofChild,1990 onHumanandPeoples’African Charter 1984 Rights, Women, 1987 Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural 1999 Rights, Social International Covenant onCivilandPolitical 1999 Rights, 1998/99 64,2% 71,6% 65,0% 76,6% 2003 Year (DHS/MICS/EMC) 59,7% 72,5% 2006 57,7% 75,8% 2010 42,4% 67,6% 2015

103 104 Analysis ofLegal Frameworks onFemale GenitalMutilation practice hisprofession for aperiodthat may notexceed five years”.381) (Article or paramedicalprofession may. The court alsopronounce theprohibition to maximum penalty“The shall applyiftheoffender isamemberofthemedical (Article 380) “If deathhas resulted, thepenalty isincreased tofive toten years’ imprisonment”. Penalties National law prohibiting female genital mutilation National coordination Consultative process in BurkinaFaso. andFamily.Solidarity TheCNLPEcoordinates toeliminate allefforts FGM which is under the Administration of Women, of the Ministry National (replacing theNational toCombat Committee thePractice ofExcision), forCouncil theFightagainst thePractice ofExcision (CNLPE) was created plan for promoting theelimination ofFGM 2016–2020. In2011, theNational to FGM, includingnational action plansonFGM andtheNational strategic The Government ofBurkinaFaso hasadopted several inrelation policies organizations andreligious leaders thelaw whiledrafting prohibiting FGM. The Government practising women’s consulted communities, rights women andgirls. both This law prohibits ofFGM alltypes andisapplicablenationwide, for FGM on Law No. 043/96/ADP of13 November 1996, thePenal whichamended Code. Female genital mutilation (FGM) criminalized hasbeen inBurkinaFaso by years’ and/or imprisonment afine (150,000–900,000 CFA francs). is6monthsto3 punishment aswell asthefailure Thepenalty it. toreport Not onlytheact itself, theattemptFGM butalso toperform to issubjected Ratification ofallinternational and regional humanrightstreaties Legal framework onfemalegenital mutilation inBurkinaFaso Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Annexes Law enforcement Legal framework Budget line to theelimination ofFGM 1997. since The Government ofBurkinaFaso hashad anational budget linededicated acts ofFGM. to anonymously telephone or line completed allows people planned report prosecuted. patrolsCommunity been inform and educate people, and a free 2009and 2015,Between atotalof384people, including31cutters, have are well trained, andthelaw onFGM systematically hasbeen enforced. protecting girlsandwomen at riskofFGM. sector andjustice Thepolice In BurkinaFaso, are mechanisms inplace referring for reporting, and 223 Number ofcourtcasessince2009 Yes � � � � � � � � � � � No � �

105 106 Figure 1:Prevalence offemale 2005–2013 genital mutilation intheGambia, and itsenforcement Legislation onfemalegenitalmutilation The Gambia Analysis ofLegal Frameworks onFemale GenitalMutilation Ratification ofinternational treaties of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women

FGM Prevalence 2 2 2 2 2 2 2 2 rights ofwomen and children FGM: condemning The Gambiahasratified allinternational and conventionsregional onthe 2 2 2 2 2 2 2 2 African Youth Charter, 2009 Maputo Protocol, 2005 ontheRightsandWelfareAfrican Charter oftheChild, 2000 Convention ontheRightsofChild,1990 onHumanandPeoples’African Charter 1983 Rights, Women, 1993 Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural 1978 Rights, Social International Covenant onCivilandPolitical 1979 Rights, 100% 50% 60% 70% 80% 90% 2005/06 78,3% 79,9% Year (DHS/MICS/EMC) 76,3% 77,1% 2010 74,9% 76,3% 2013 to afineoftenthousandDalasis”. 32B) (Article the proper authoritiespromptly, commitsanoffence andisliable onconviction place, andfails, withoutgood cause, towarm orinform, asthecasemay be, “A person whoknows that female circumcision isabouttotake place orhas taken conviction where female circumcision causes death,tolife imprisonment”. (Article 32A) “A person whoengages infemale circumcision commitsanoffence andliable on Annexes Penalties National law prohibiting female genital mutilation National coordination Consultative process both women andgirls. both This law prohibits ofFGM alltypes andisapplicablenationwide, for FGM on 32Aand32B.Act 2015, 2015of27 ofSections December withtheinsertion FGM criminalized hasbeen intheGambiaby theWomen’s (Amendment) years’ and/or imprisonment afine (50,000 Dalasis). or facilitated by or paramedical amedical professional. is:3 Thepenalty isincreased whetherthepenalty whenFGM notspecify does out iscarried FGM. Thefailure FGM toreport totheauthorities iscriminalized. Thelaw nottheattempt toperform topunishment, Only theact issubjected itself on FGM have toprovide established been additional guidance. towards endingFGM. Furthermore, national and regional committees steering overall responsibility ofallstakeholders, tocoordinate andguideinterventions for 2013–2017. ofWomen’s TheMinistry Affairs and Women’s Bureau have the The Government oftheGambiahasadopted anational action planonFGM prohibiting FGM. organizationssociety Nations and United agencies) the lawwhile drafting young people, cutters, healthpersonnelandreligious leaders, civil The Government andinvolved consulted allactors(including concerned

107 108 Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Ratification ofallinternational and regional humanrightstreaties Legal framework onfemalegenital mutilation inTheGambia Analysis ofLegal Frameworks onFemale GenitalMutilation Law enforcement Legal framework Budget line the elimination ofFGM. The Gambiacurrently nothave does anational budget to linededicated West). were cases At stillpending. court the timeofthisanalysis, both baby asa a five-month-old died of result FGM inSankandi Village (Kiang in 2015, there have in relation cases two court to FGM. been In one case, protecting girlsandwomen at riskofFGM. the adoption Since ofthelaw are mechanisms inplace referring forIn theGambia, reporting, and 2 Number ofcourtcasessince2015 Yes � � � � � � � � No � � � � � Figure 1:Prevalence offemale 1999–2012 genital mutilation inGuinea, Guinea Annexes and itsenforcement Legislation onfemalegenitalmutilation Ratification ofinternational treaties of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women

FGM Prevalence 2 2 2 2 2 2 2 2 of women andchildren FGM: condemning Guinea has ratified allinternational and conventionsregional on therights 2 2 2 2 2 2 2 2 African Youth Charter, 2011 Maputo Protocol, 2012 ontheRightsandWelfareAfrican Charter oftheChild, 1999 Convention ontheRightsofChild,1990 onHumanandPeoples’African Charter 1982 Rights, Women, 1982 Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural 1978 Rights, Social International Covenant onCivilandPolitical 1978 Rights, 100% 50% 60% 70% 80% 90% 98,6% 96,6% 1999 Year (DHS/MICS/EMC) 95,6% 89,3% 2005 96,9% 94,0% 2012

109 110 Analysis ofLegal Frameworks onFemale GenitalMutilation workers”. (Article 259ofthe2016Penal Code) doctors, nurses, midwivesor medicalcorps,inparticular andtechnicalhealth in apublicorprivate healthfacility andfavored by aperson intheparamedical maximum penalty“The isappliedwhenfemale genital mutilation ispracticed to 20years’ imprisonment”. (Article 409oftheChildren’s Code) “If thedeathofchildhas followed, theperpetrator(s) willbepunishedwith5 Penalties National law prohibiting female genital mutilation National coordination Consultative process Penal Code) are:penalties 3monthsto2years’ (Child imprisonment andthe2016 Code FGM. Thefailure FGM toreport totheauthorities iscriminalized. The nottheattempt toperform Only theact topunishment, issubject itself 500,000–2,000,000 (2016 Penal Code) been established at thenational, established regionalbeen andprefectural level. ensure implementation at theregional levels, have and local committees Children is responsible for implementingstrategies onFGM To in Guinea. care Affairs facilities. ofSocial TheMinistry and Promotion of Women and prohibitingadopted a joint decision FGM inpublic andprivate health- elimination offemale genital mutilation 2012–2018. TheGovernment also 2001–2010 andtheNational strategic planfor theacceleration ofthe including theNational strategic plantocombat female genital mutilation The Government ofGuineahasadopted several inrelation policies toFGM, thelawsdrafting prohibiting FGM. The Government andotherstakeholders civilsociety consulted while 2 2 2 Three different laws inGuineaprohibit FGM: 2 2 2 the Children’s (Law Code No. L/2008/011/AN) of19August 2008 July 2000 the Law onReproductive Health(Law No. L/2000/010/AN) of10 the Penal (1965, Code revised in1998and2016) | fine ofGNF300,000–1,000,000 Code) (Child | fine ofGNF

Ratification ofallinternational and regional humanrightstreaties Legal framework onfemalegenital mutilation inGuinea Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Annexes Law enforcement Legal framework Budget line elimination ofFGM 2011. since The Government ofGuineahashad anational budget tothe linededicated have inGuinea relation reported been toFGM, resulting in10convictions. cases court 29 andCivilProtection. 2012, Since ofSecurity in theMinistry protection structures unit to a police are cases that help to alert established ofFGM. toanonymously cases allows people report Inaddition, and NGOs marriage that andgender-based violence) operates 24 hours aday and There isatoll-free2012. hotline for practices harmful (includingFGM, forced girls and women at risk of FGM. on case The firstcourt placeFGM took in are mechanisms inplacereferring forIn Guinea, reporting, andprotecting 29 Number ofcourtcasessince1965 Yes � � � � � � � � � � � No � �

111 112 Figure 1:Prevalence offemale genital mutilation inGuinea-Bissau, 2006–2014 and itsenforcement Legislation onfemalegenitalmutilation Guinea-Bissau Analysis ofLegal Frameworks onFemale GenitalMutilation Ratification ofinternational treaties of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women

FGM Prevalence 2 2 2 2 2 2 2 2 the rightsofwomen andchildren FGM: condemning Guinea-Bissau hasratified allinternational and conventionsregional on 2 2 2 2 2 2 2 2 African Youth Charter, 2008 Maputo Protocol, 2008 ontheRightsandWelfareAfrican Charter oftheChild, 2008 Convention ontheRightsofChild,1990 onHumanandPeoples’African Charter 1985 Rights, Women, 1985 Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural 1992 Rights, Social International Covenant onCivilandPolitical 2010 Rights, 20% 30% 40% 50% 60% 70% 44,5% 43,5% 2006 Year (DHS/MICS/EMC) 49,8% 48,4% 2010 44,9% 41,9% 2014 is punishedwith2to6years’ imprisonment”. (Article 4) (clitoridectomy, excision, incision,infibulation) withorwithouttheconsentofvictim, “Whoever, for any reason, female performs excision inoneofitsvarious forms will be4to10years inprison”. (Article 6) “If theactsreferred result inthedeathofvictim,penalty toinsub1ofthisarticle Annexes Penalties National law prohibiting female genital mutilation National coordination Consultative process years’ imprisonment. or promoted by orparamedical amedical professional. is:2–6 Thepenalty isincreased whetherthepenalty whenFGM notspecify does out iscarried FGM. Thefailure FGM toreport totheauthorities iscriminalized. Thelaw nottheattempt toperform Only theact topunishment, issubject itself is themaincoordinating body. FGM. TheNational for Committee theAbandonmentofHarmful Practices of Guinea-Bissau for hasputinplace aninstitutional mechanism combating National policy for gender 2012–2015. andequity equality TheGovernment abandonment offemale genital mutilation/cutting 2010–2015 and the relation toFGM, including theNational strategy andaction planfor the The Government of Guinea-Bissau has adopted several in policies the lawwhile drafting prohibiting FGM. The Government many consulted stakeholders from different regions women andgirls. on both mutilation prohibits ofFGM alltypes andisapplicablenationwide, for FGM 1–152011. Articles of this law toprevent, fightandsuppress female genital FGM prohibited hasbeen inGuinea-Bissau by Law No. 14/2011 of5July

113 114 Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Ratification ofallinternational and regional humanrightstreaties Legal framework onfemalegenital mutilation inGuinea-Bissau Analysis ofLegal Frameworks onFemale GenitalMutilation Law enforcement Legal framework Budget line the elimination ofFGM. Guinea-Bissau currently nothave does anational budget to linededicated sentence of3years.sentence have Cutters aswell asaccomplices prosecuted. been 2 years), duetomitigating circumstances. Three offenders aprison received received16 condemnations.Intotal, 13than people (less reduced penalties 2011, there have in Guinea-Bissau cases 37 been court inrelation toFGM, with protecting girlsandwomen at riskofFGM. the adoption Since ofthelaw in In Guinea-Bissau, are mechanisms inplace referring for reporting, and 37 Number ofcourtcasessince2011 Yes � � � � � � � � � � � No � � Figure 1:Prevalence offemale genital 2000–2015 mutilation inMauritania, Mauritania Annexes and itsenforcement Legislation onfemalegenitalmutilation Ratification ofinternational treaties of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women

FGM Prevalence 2 2 2 2 2 2 2 2 rights ofwomen and children FGM: condemning Mauritania hasratified allinternational and conventionsregional onthe 2 2 2 2 2 2 2 2 African Youth Charter, 2012 Maputo Protocol, 2005 ontheRightsandWelfareAfrican Charter oftheChild, 2005 Convention ontheRightsofChild,1991 onHumanandPeoples’African Charter 1986 Rights, Women, 2001 Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural 2004 Rights, Social International Covenant onCivilandPolitical 2004 Rights, 100% 50% 60% 70% 80% 90% 2000/01 71,3% 65,9% Year (DHS/MICS/EMC) 72,2% 68,0% 2007 69,4% 65,9% 2011 66,6% 2015 NA

115 116 Analysis ofLegal Frameworks onFemale GenitalMutilation profession”. (Article 12) 300,000 ouguiyas whentheoffender belongs tothemedicalorparamedical penalty“The isincreased tofour years’ imprisonmentandafineof160,000 to Penalties National law prohibiting female genital mutilation National coordination is: 1–3 years’ and/or imprisonment afineof120,000–300,000 ouguiyas. The failure FGM toreport totheauthorities isnotcriminalized. Thepenalty The act andthe itself attempt FGM to perform are to punishment. subject departmental committees against were gender-based violence committees established. departmental the implementation of the strategies on FGM. In 2007, regional and matters relating towomen’s rightsandisresponsible for monitoring TheMASEF coordinates all which had 1992. dealt withthisissuesince it replacedviolence, after the State Secretariat for theStatus ofWomen, Family (MASEF) expanded in2007 itsfunctions toincludegender-based Violence, includingFGM. Affairs, ofSocial TheMinistry Children andthe transformed in 2008 into a National Against Committee Gender-Based Harmful totheHealthofWomen andChildren which was was established, health 2016–2020. In1997, theNational toCombat Commission Practices institutionalization of gender and a national strategic plan for reproductive strategy for the promotion of women and the National strategy on the of FGM (2007), theNational action planonFGM 2016–2019, theNational to FGM, includingtheNational strategy topromote theabandonment The Government ofMauritania hasadopted several inrelation policies if theact resulted inharmtothechild. of theact itself, isonlyapplicable Thepenalty butonlyoftheconsequences. law, FGM ofadult women isnotprohibited. Thelaw isnotacondemnation of FGM andisapplicablenationwide. ongirls, thisisachildprotection Since 2005ontheProtection oftheChild.ThislawDecember prohibits alltypes FGM prohibited hasbeen inMauritania by Order No. 2005-015of5 Ratification ofallinternational and regional humanrightstreaties Legal framework onfemalegenital mutilation inMauritania Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Annexes Law enforcement Legal framework Budget line to theelimination ofFGM in2016. The Government ofMauritania introduced anational budget linededicated arrested,be prosecuted. buttheycould not and fled in theNémaregion asaresult died ofFGM. Theparents andcutterwere inrelation acase anattempt tostart has been to FGM in2016, whenagirl of thelaw in2005, there There inMauritania. have cases nocourt been protecting girlsandwomen at riskof FGM. However, theadoption since are mechanisms In Mauritania, inplace referring for reporting, and 0 Number ofcourtcasessince2005 Yes � � � � � � � No � � � � � �

117 118 of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women Figure 1:Prevalence offemale 1999–2013 genital mutilation inNigeria, and itsenforcement Legislation onfemalegenitalmutilation Nigeria Analysis ofLegal Frameworks onFemale GenitalMutilation

FGM Prevalence Ratification ofinternational treaties 10% 20% 30% 40% 50% 0% 2 2 2 2 2 2 2 2 rights ofwomen and children FGM: condemning Nigeria hasratified allinternational and conventionsregional onthe 2 2 2 2 2 2 2 2 African Youth Charter, 2009 Maputo Protocol, 2004 ontheRightsandWelfareAfrican Charter oftheChild, 2001 Convention ontheRightsofChild,1991 onHumanandPeoples’African Charter 1983 Rights, Women, 1985 Convention ontheElimination ofAllForms ofDiscrimination Against International Covenant onEconomic, andCultural 1993 Rights, Social International Covenant onCivilandPolitical 1993 Rights, 25,1% 8,8% 1999 12,9% 19,0% 2003 Year (DHS/MICS/EMC) 19,6% 26,0% 2007 21,7% 29,6% 2008 18,7% 27,0% 2011 15,3% 24,8% 2013 N100,000.00 orboth”. (Article 6) conviction toatermofimprisonmentnotexceeding 2years ortoafinenot exceeding provided for insubsection(2) ofthissectioncommitsanoffence andisliable on “A person whoincites,aids,abets,orcounselsanotherperson tocommittheoffence Annexes National law prohibiting female genital mutilation National coordination Consultative process Penalties Federal ofHealth. Ministry regional by the levels, were and local supervised committees established, of female genital mutilation 2013–2017. To ensure implementation at the mutilation (2005) and a National policy and plan of action for the elimination of female genital mutilation (2002), the National policy on female genital to FGM, including the National policy and plan of action onelimination The Federal Government ofNigeria hasadopted several inrelation policies organizations inthe law. ownership and buy-in, andtoreflectperspectives ofgrass-roots the and religious leaders thelaw whiledrafting prohibiting FGM, toensure The Government practising andcivilsociety consulted communities, states have laws passed prohibiting FGM. adopt andadapt theVAPP Act asstate laws. At thetimeofthisanalysis, 14 in theFederal CapitalTerritory, States are expected toformally Ajuba. that theVAPP Act isnotdirectly applicableinall36states; itonlyapplies TheVAPPgirls. Act enacted at hasbeen thenational level, whichmeans ofFGMwhich types are prohibited. Thislaw isapplicabletowomen and (Prohibition) (VAPP) Act of5May 2015. This lawnotexplicitly does state FGM criminalized hasbeen inNigeria by Against theViolence Persons to 4years’ and/or imprisonment fineupto200,000 Naira. or promoted by orparamedical amedical professional. is:up Thepenalty isincreased whetherthepenalty whenFGM notspecify does out iscarried The failure FGM toreport totheauthorities isnotcriminalized. Thelaw The act andtheattempt FGM itself toperform are topunishment. subject

119 120 Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Legal framework onfemalegenital mutilation inNigeria Ratification ofallinternational and regional humanrightstreaties Analysis ofLegal Frameworks onFemale GenitalMutilation Law enforcement Legal framework Budget line elimination ofFGM. Nigeria currently nothave does anational budget tothe linededicated Nigeria inrelation toFGM. the adoptionSince ofthelaw in2015, there in have cases nocourt been 0 Number ofcourtcasessince2015 Yes � � � � � � � No � � � � � NA � Figure 1:Prevalence offemale genital mutilation 2005–2016 inSenegal, Senegal Annexes and itsenforcement Legislation onfemalegenitalmutilation Ratification ofinternational treaties of FGM experienced any form Girls aged 15–19 having form ofFGM having experienced any aged 15–49 Girls/women

FGM Prevalence 2 2 2 2 2 2 rights ofwomen and children FGM: condemning hasratifiedSenegal allinternational and conventionsregional onthe 2 2 2 2 2 2 African Youth Charter, 2009 Maputo Protocol, 2004 ontheRightsandWelfareAfrican Charter oftheChild, 2001 Convention ontheRightsofChild,1990 onHumanandPeoples’African Charter 1982 Rights, Women, 1985 Convention ontheElimination ofAllForms ofDiscrimination Against 20% 30% 40% 50% 10% 0% 28,2% 24,8% 2005 Year (DHS/MICS/EMC) 2010/11 25,7% 24,0% 24,7% 21,1% 2014 22,7% 20,6 2016

121 122 Analysis ofLegal Frameworks onFemale GenitalMutilation or promoted by aperson inthemedicalorparamedicalfield”. (Article 299bis) maximum penalty “The willbeappliedifthesexual mutilations are carriedout (Article 299bis) theoperation leadstodeath,thepenalty willbehard “When work for life”. Budget line Penalties National law prohibiting female genital mutilation National coordination and Children. the elimination ofFGM, whichfalls ofFamily, undertheMinistry Women The Government hashad ofSenegal anational budget to linededicated is: 6monthsto5years imprisonment. The failure FGM toreport totheauthorities isnotcriminalized. Thepenalty The act andthe itself attempt FGM to perform are to punishment. subject abandonment ofFGM inSenegal. for coordinating, monitoringandevaluating for theinterventions the (2013).Senegal of Women, The Ministry Family and Children is responsible excision (2011) andtheIslamicargument for theabandonmentofexcision in FGM, includingnational action plansonFGM, argument theMedical about The Government hasadopted several ofSenegal inrelation policies to andisapplicablenationwide.on women andgirls, 1999, the Penal which amended Code. This law prohibits of FGM all types FGM criminalized hasbeen by inSenegal Law No. January 99-05of29 Explicit law prohibiting FGM Equality inconstitution enshrined menandwomen +non-discrimination between Ratification ofallinternational and regional humanrightstreaties Legal framework onfemalegenital mutilation inSenegal Legislation through drafted consultative process Extraterritorial clause Failure to anincident ofFGM report to theauthorities criminalized Penalty increased whenFGM outby iscarried a(para)medical professional Penalty increased whenFGM leads to disabilityofthevictim Penalty increased whenFGM leads to death ofthevictim FGM isillegal minors amongboth andadult women Attempt FGM to perform prohibited ofFGMAll types are prohibited Law provides adefinitionof FGM Annexes Law enforcement Legal framework one court case resulted in a sentence of 3–6 months’ imprisonment. resulted case of3–6 months’ inasentence one court imprisonment. Matam, oneinTambacounda 2011and2016, andfiveBetween in only Kolda. 1999and2010,Between there have onein inSenegal: cases seven been court 8 Number ofcourtcasessince1999 Yes � � � � � � � � � No � � � �

123 124 Bibliography Analysis ofLegal Frameworks onFemale GenitalMutilation Reports ofUNAgencies Reports • • • UNFPA-UNICEF JointProgramme onFGM/C • • • UNICEF • • • • • UNFPA UNFPA-UNICEF; 2013. Évaluationchangement. BurkinaFaso conjointe (2008-2012). New York: Programme UNFPA-UNICEF conjoint sure MGF/E: les Accélérer le Change. New York: UNFPA-UNICEF; 2016. Programme on Female GenitalMutilation/Cutting: Accelerating oftheUNFPA-UNICEFby theNumbers: 2016AnnualReport Joint UNFPA-UNICEF JointProgramme onFGM/C: Accelerating Change burkinafaso.pdf. 2009, available at http://www.unfpa.org/sites/default/files/resource-pdf/ minds remains crucial.New York: UNFPA-UNICEF JointProgramme; Burkina Faso has a strong law against FGM/C, and but winning hearts UNFPA-UNICEF Joint Programme on FGM/C: Accelerating Change. FGMC_2016_brochure_final_UNICEF_SPREAD.pdf. York: UNICEF; 2016, available at https://www.unicef.org/media/files/ NationsUnited Children’s Fund. UNICEF’s data work onFGM/C. New York: UNICEF; 2013. statistical overview andexploration ofchange. ofthedynamics New NationsUnited Children’s Fund, Female genital mutilation/cutting: a abandonment offemale genital mutilation/cutting. New York: UNICEF; 2010. NationsUnited Children’s Fund. Legislative reform the tosupport genital mutilation. New York: UNFPA; 2015. NationsUnited Population Fund. Demographic onfemale perspectives reproductive New York: healthandrights. UNFPA; 2014. Universal Periodic Review: from to action commitment on sexual and NationsUnited Population Fund. Lessons from thefirst cycle ofthe genital mutilation. New York: UNFPA; 2014. and Regional Human Rights Framework in the elimination of female NationsUnited Population Fund. Implementation oftheInternational Guinea-Bissau. New York: UNFPA; 2013. practice offemale genital mutilation/cutting inKenya, Uganda and NationsUnited Population Fund. Driving forces in outlawing the TechnicalMutilation/Cutting. New York: Report. UNFPA; 2009. NationsUnited Population Fund. GlobalConsultation onFemale Genital Bibliography • • • WHO • • NationsUnited HumanRightsCouncil • • • • NationsUnited General Assembly • • • CEDAW Committee fs241/en/ WHO; 2017, available at http://www.who.int/mediacentre/factsheets/ World HealthOrganization. Female genital Geneva: mutilation, fact sheet. Geneva:interagency WHO;2008. statement. World HealthOrganization. Eliminating female genital mutilation: an UNICEF/UNFPA Geneva: WHO;1997. statement. World HealthOrganization. Female genital mutilation: ajointWHO/ of Female GenitalMutilation, A/HRC/RES/32/21, 19July2016. ontheElimination NationsUnited 32/21 Resolution HumanRightsCouncil. mutilation, A/HRC/29/20, 27 March 2015. and majorchallenges inpreventing andeliminating female genital NationsUnited for HighCommissioner goodpractices HumanRights, ofthe oftheOffice NationsUnited Report HumanRightsCouncil. 2FebruaryRES/71/168, 2017. Global Efforts for theElimination of A/ Female GenitalMutilation, NationsUnited General Assembly, onIntensifying 71/168 Resolution 2015. October 21 our World: the2030Agenda A/RES/70/1, for Sustainable Development, NationsUnited General Assembly, 70/1 Resolution onTransforming RES/69/150, 2014. 18December Global Efforts for theElimination of A/ Female GenitalMutilations, NationsUnited General Assembly, 69/150 Resolution onIntensifying RES/67/146, 5March 2013. Global Efforts for theElimination of A/ Female GenitalMutilations, NationsUnited General Assembly, 67/146 Resolution on Intensifying Periodic Report, BurkinaFaso,Periodic Report, CEDAW/C/BFA/6, 2009. 1October ontheEliminationCommittee ofDiscrimination Against Women. Sixth A/47/38, indocument the Eleventh contained Session, 1992. General Recommendation No. Against 19:Violence Women, adopted at onthe EliminationCommittee ofDiscrimination against Women, Corrigendum), 1990. General Recommendation No. 14: Female Circumcision, (A/45/38 and ontheEliminationCommittee of Discrimination against Women,

125 126 Analysis ofLegal Frameworks onFemale GenitalMutilation • • • • • • • • • • ontheRightsofChild Committee • Human RightsCommittee reports of Nigeria, CEDAW/C/NGA/CO/7-8, ofNigeria, reports 24 July2017. seventh observationsConcluding onthecombined andeighthperiodic ontheEliminationCommittee ofDiscrimination Against Women. 26 July2017. Women, updating General RecommendationNo. 19, CEDAW/C/GC/35, General RecommendationNo. Against Violence 35onGender-Based ontheEliminationCommittee ofDiscrimination Against Women. BurkinaFaso,Seventh Periodic Report, CEDAW/C/BFA/7, 27 May 2016. ontheEliminationCommittee ofDiscrimination Against Women. November 2014. the ChildonHarmful Practices, CEDAW/C/GC/31-CRC/C/GC/18, 14 Women/General No. Comment ontheRights of 18oftheCommittee No. ontheElimination 31oftheCommittee ofDiscrimination Against ontheRightsofChild,JointgeneralCommittee Recommendation ontheEliminationCommittee ofDiscrimination Against Women andthe CEDAW/C/MRT/CO/2-3, ofMauritania, reports 24 July2014. andthird second observationsConcluding onthecombined periodic ontheEliminationCommittee ofDiscrimination Against Women. CEDAW/C/SLE/CO/6, 10March 2014. ofSierra report observationsConcluding onthesixthperiodic Leone, ontheEliminationCommittee ofDiscrimination Against Women. 2010.December All Forms ofDiscrimination Against Women, CEDAW/C/GC/28, 16 2oftheConventionParties underArticle ontheElimination of General Recommendation No. ontheCore 28 Obligations ofStates ontheEliminationCommittee ofDiscrimination Against Women, November 2010. observationsConcluding Burkina Faso, CEDAW/C/BFA/CO/6, 5 ontheEliminationCommittee ofDiscrimination Against Women. CO/3-5, 1November 2016. ofthird Sierraperiodic combined to fifth reports Leone, CRC/C/SLE/ on the Rights of the Child. observationsConcluding Committee on the BFA/CO/3-4, 9February 2010. third ofBurkinaFaso, reports combined periodic andfourth CRC/C/ on the Rights of the Child. observationsConcluding Committee on the CO/77/MLI, 16April2003. Human RightsCommittee, Observations Concluding Mali, CCPR/ Bibliography • • • • • • • • • • • Reports Other • • BurkinaFasoDocuments report ofSierrareport Leone, CCPR/C/SLE/CO/1, 17 April2014. Human RightsCommittee. observations Concluding ontheinitial 2007. Observations,the Concluding CCPR/CO/77/MLI/Add.1, 30November Human RightsCommittee. by Comments theGovernment ofMali on of atotal,DHSWorking Papers, No. 39. USAID; Calverton: 2008. Yoder PS, KhanS. ofwomen circumcised Number in Africa: theproduction male). Paris: UISData Centre, UNESCO; 2015. UNESCO. Adult literacy rate, population 15+ years sexes, (both female, Female Review. Law GenitalCuttinginSenegal, andSociety 2013; 47(4). Shell-Duncan Betal.Legislating Change? toCriminalizing Responses and thePolitics 2008:110(2). AmericanAnthropologist. ofIntervention, Shell-Duncan B. From HealthtoHumanRights:Female GenitalCutting TilburgPhD dissertation. University, theNetherlands;2016. Framework inrelation tofemale genital mutilation/cutting inSenegal, Middelburg MJ. Emptypromises? withtheHumanRights Compliance mutilation/cutting inBurkinaFaso. New York: Population 2008. Council; Diop NJetal.Analysis of theevolution ofthepractice offemale genital Reproductive Rights;2006, of humanrights:anadvocate’s guidetoaction. New York: for Center forCenter Reproductive Female Rights. genital mutilation, amatter for GlobalDevelopment; 2016. Burkina Faso, Working Washington abstract, Paper 432. DC:Center genital mutilation/cutting: regression evidence from discontinuity Chrisman Betal.Theimpact oflegislation onthehazard offemale for Equity inHealth.2015:14(42). genital mutilation inBurkinaFaso: 1999to2010, International Journal Chikhungu LC, Madise NJ. Trends andprotective factors offemale Nationale;de laSolidarité 2015. Burkina Faso 2016–2020. Ouagadougou: Ministre del’Action et Sociale national depromotion del’elimination mutilations des génitales au Ministre de l’Action Nationale. et de la Solidarité Sociale Plan stratégique Nationale; 2014. zero. Ouagadougou: Ministre del’Action etdelaSolidarité Sociale mutilationsdes genitales feminines danslaperspective delatolerance du pland’actions national (2009–2013) depromotion del’élimination Ministre del’Action Nationale. etdelaSolidarité Evaluation Sociale

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• 28 Too Many. Country Profiles, available at http://28toomany.org/ fgm-research/country-profiles/ • Future Policy, Winner Silver Award. Burkina Faso’s law prohibiting FGM, 2014, available at http://www.futurepolicy.org/wp-content/ uploads/2015/06/fpa2014brochure_en_2nd_ed-1.pdf. • United Nations News Centre. Ban welcomes UN General Assembly resolutions eliminating female genital mutilation, 21 December 2012, available at http://www.un.org/apps/news/story.asp?NewsID=43839#. VfKMu2TtlHw. • United Nations Children’s Fund, Female Genital Mutilation/Cutting Country Profiles, available at http://data.unicef.org/resources/ female-genital-mutilation-cutting-country-profiles/. • Website Sustainable Development Knowledge Platform, Sustainable Development Goal 5, Targets, available at https:// sustainabledevelopment.un.org/sdg5. • Website of the Constitute Project, available at https://www. constituteproject.org/search?lang=en. 128

@UNFPA_WCARO wcaro.unfpa.org www.unfpa.org Almadies Box –PO Dakar 21090 Route duKingFahd Palace, forRegional Office Central Westand Africa NationsUnited Population Fund OF FOR I CELAND

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