ONOMRERHINOR: Female Genital Mutilation in Nigeria: Causes, Consequences and Legal Intervention
FEMALE GENITAL MUTILATION IN NIGERIA: CAUSES, CONSEQUENCES AND LEGAL INTERVENTION
Abstract Female genital mutilation (FGM) accounts for a significant percentage of maternal deaths and childbirth complications. These are beside other adverse health consequences directly attributable to the practice. Still, with millions of women and girls subjected to it in countries across the globe, the practice remains high in some countries and strives in others. A recent estimate by the United Nations Children's Fund (UNICEF) suggest that more than 3 million girls are estimated to be at risk of FGM annually in Africa. Using the analytical method of research, this paper examines the causes and consequences, as well as legislative intervention to address the problem of FGM in Nigeria. The review of existing literature, particularly data presented by obstetricians, gynaecologists and international organisations such UNICEF and WHO, revealed that FGM is still a problem in Nigeria as Nigeria accounts for the third largest number of women and girls subjected to FGM in Africa. In addition to legislative intervention, this paper recommends a multi- sectional and concerted effort by all the levels of government- federal, states and local and concludes that this is a pivotal step in achieving the international commitment to eliminate FGM by the year 2030.
Keywords: Female genital mutilation, cultural practices, tradition, legislation, women and girls, circumcision
1. Introduction FGM also referred to as female circumcision or female genital cuttings (FGC)1 is one of the several traditional/cultural practices perpetrated against women which constitute a form of abuse.2 According to World Health Organisation (WHO), FGM comprises all procedures that involve partial or total removal of the female external genitalia and or injury to the female genital organs for cultural or any other non-therapeutic reasons.3 It involves procedures that intentionally alter or cause injury to the genital organs for non-medical reasons. FGM is a practice that manipulates, alters, or removes the external genital organs in young girls and women.4 It is a painful and distressing procedure that has no known health benefits.5 Traditionally though, some persons and cultures hold certain superstitious beliefs about it and
By Flora Alohan ONOMRERHINOR, PhD, LLM, LLB, BL, Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Benin, Benin City, Nigeria, E- mail [email protected], +234 818 9469617, +234 703 442 8226. 1 Nkolika Ijeoma Aniekwu, Reproductive Health Law: A Jurisprudential Analysis of Gender Specific Human Rights for the African Region,1st edn (Ambik Press, 2011), 46 2 O. Adeyemo Olaitan and Bamidele Ifeoluwayimika, ‘The Menace of Domestic Violence: Improving the Lives of Women in Nigeria’ [2016] (9) African Journal of Legal Studies; 177 3 World Health Organisation, ‘Eliminating Female Genital Mutilation an Interagency Statement’ accessed 17 December 2020,
Page | 125 AFJCLJ 6 (2021) thus ignore the number of ways in which it is harmful to women and girls. The removal or damage to a healthy normal genital tissue interferes with the natural functioning of the body and can cause several immediate and long-term health consequences. Still the practice of FGM has remained intractable in spite of the global campaign on the health implications.6 From a human right perspective, the practice of FGM constitutes extreme form of discrimination against women. It violates a number of established rights such as; the right of a child, the right to health, physical integrity of the person, the right to freedom from torture and cruel, inhuman or degrading treatment, and the right to life.7 In addition FGM significantly implicates the rights to liberty and security of the female person.8
As a result of the above, the international community as well as regional and national governments are committed to its eradication. With particular emphasis on the Nigeria situation, this paper examines the problem of FGM, it causes and consequences as well as the effectiveness or otherwise of legislative interventions on the subject, with a view to determining the way forward in eradicating it. The paper proceeds in five sections. Section two discusses the problem of FGM in Nigeria, section three examines the types, causes and consequences of FGM as indicated by medical practitioners and health care providers, section four accessed the effectiveness of legal intervention on the subject. Section five considers the factors responsible for the persistence of FGM in Nigeria and the last two sections, six and seven contain the recommendations and conclusion.
2. FGM in Nigeria FGM is a common practice in more than 28 countries in Africa. Its burden is mostly seen in Nigeria, Egypt, Mali, Eritrea, Sudan, Central African Republic, and northern part of Ghana where it has been an old traditional and cultural practice of various ethnic groups.9 FGM is widely practiced in Nigeria.10 According to Okeke et al. Nigeria at one time recorded the highest absolute number of cases of FGM in the world accounting for about one quarter of the estimated 115-130 million circumcised women in the world.11 Nigeria has the world’s third highest FGM prevalence. It is estimated that 25 percent or 19.9 million Nigerian girls and women between 15 and 49 years old were victims of the practice between 2014 and 2015.12 According to Mohamed Fall, the UNICEF Country representative, millions of girls and
6 Ibid 7 Ibid 8Nkolika Ijeoma Aniekwu, Reproductive Health Law: A Jurisprudential Analysis of Gender Specific Human Rights for the African Region,1st edition (Ambik Press, 2011), 46 9 World Health Organization, Eliminating Female Genital Mutilation (Department of Reproductive Health, 2008),1 accessed 16 December 2020, http://www.un.org/womenwatch/daw/csw52/statements_missions/Interagency_Statem ent_on_Eliminating_FGM.pdf. 10UNICEF, ‘Take Action to Eliminate Female Genital Mutilation by 2030’ accessed 6 February, 2019, https://www.unicef.org/nigeria/press-releases/take-action-eliminate-female-genital-mutilation-2030. 11 T. C. Okeke, U. S. B. Anyaehie and C. C. K. Ezenyeaku, ‘An overview of Female Genital Mutilation in Nigeria’ [2012] (2)(1) Annals of Medical and Health Sciences Research; 71 12 Ibid. The other two leading countries are Egypt (27.2 million) and Ethiopia (23.8 million).
Page | 126 ONOMRERHINOR: Female Genital Mutilation in Nigeria: Causes, Consequences and Legal Intervention women are faced with the scourge of genital mutilation every year in Nigeria.13 The procedure is routinely carried out between the ages of six and eight with a few cultures preferring to cut at birth, before or after marriage or during pregnancy.14The operators can range from ‘circumcisers’ (religious leaders) with no medical training to midwives and birth attendants.15A sterile environment is not feasible to attain in the vast majority of cases, and no medical anaesthetics are available or given.16 The wound is sewed with crude instruments and when infibulation takes place, thorns or stitches may be used to hold the two sides of the labia majora together and the legs may be bound together for up to forty days.17In Nigeria, FGM takes place in both urban and rural communities.18 It is a social norm that transcends religion, geography, and socio-economic status.19 The practice is most prevalent in the southwestern (Yoruba-speaking) and south eastern (Igbo-speaking) parts of Nigeria where 47.5 percent and 49 percent of women are cut, respectively. The states with the highest prevalence of the practice are Osun (76.6 percent) and Ebonyi (74.2 percent).20 In spite of national and international campaign on the dangers of FGM, millions of girls remain in considerable danger of being circumcised.
3. Types, Causes and Consequences of FGM in Nigeria
Types of FGM in Nigeria FGM can be classified into four types.21 Type I (Clitoridectomy), involves the removal of the prepuce or the hood of the clitoris and all or part of the clitoris.22 In Nigeria, this usually involves excision of only a part of the clitoris.23 Type II also called ‘sunna’ is a more severe practice that involves the removal of the clitoris along with partial or total excision of the labia minora. Type III (infibulation) is the most severe form of FGM. It involves the removal of the clitoris, the labia minora and adjacent medial part of the labia majora and the stitching of the vaginal orifice, leaving an opening of the size of a pin head to allow for menstrual flow or urine. Type IV or other unclassified types include pricking, piercing, or incision of the clitoris and/or labia, scraping and/or cutting of the vagina (angrya cuts), stretching the clitoris and/or
13 UNICEF, ‘Take Action to Eliminate Female Genital Mutilation by 2030’ accessed February 6, 2019, https://www.unicef.org/nigeria/press-releases/take-action-eliminate-female-genital-mutilation-2030. 14 Elliot Klein, Elizabeth Helzner, Michelle Shayowitz, Stephan Kohlhoff, and Tamar A. Smith-Norowitz, ‘Female Genital Mutilation: Health Consequences and Complications—A Short Literature Review’ [2018] Hindawi: Obstetrics and Gynecology International; 1 15 Ibid 16 Ibid 17 Ibid 18 Onyinye Edeh, ‘It’s tradition: Female genital mutilation in Nigeria’ September 20, 2017, https://www.icwa.org/its-tradition-female-genital-mutilation-in-nigeria/ 19World Health Organization. ‘Female Genital Mutilation’ accessed August 21, 2017, http://www.who.int/mediacentre/factsheets/fs241/en/. 20 UNICEF, ‘Female Genital Mutilation in Nigeria’ accessed 08 February 2017, https://www.unicef.org/nigeria/FGM _.pdf 21 World Health Organization, Female Genital Mutilation: A Joint WHO/UNICEF/UNFPA Statement, (World Health Organization; 1997), 5 22 Ibid 23 Ibid
Page | 127 AFJCLJ 6 (2021) labia, cauterization, the introduction of corrosive substances and herbs in the vagina, and other forms.24
Causes of FGM in Nigeria In most parts of Nigeria, where the practice of FGM is prevalent, the reasons adduced for the practice include a mix of socio-cultural factors within families and communities. The most common reasons are:
Psychosexual Reasons This deals with attenuation of sexual desire in female. There expresses the need to maintain chastity and virginity before marriage and fidelity during marriage so as to increase male sexual pleasure.25 In some communities, the practice of FGM is motivated by beliefs about what is considered acceptable sexual behaviour. It aims to ensure premarital virginity and marital fidelity. FGM in many communities is believed to reduce a woman libido and therefore believed to help her resist extramarital sexual acts. When a vaginal opening is covered or narrowed, the fear of the pain of opening it and the fear that is will be found out is expected to discourage premarital sexual intercourse.26
Sociological Reasons Most societies perpetuate the practice in order to identify with cultural heritage, initiate girls into womanhood, and ensure social cohesion and acceptance.27 FGM is often considered a necessary part of raising a girl child and a way to prepare her for adulthood and marriage. It is seen as a necessary rite of passage from childhood to adulthood. In most societies, where FGM is practiced, it is considered a cultural tradition which is often used as an argument for its continuation28 and in some societies, there are recent adoption of the practice which is linked to copying the traditions of neighbouring groups. Sometimes it starts as a part of a wider religious or traditional revival movement. Where FGM is a social convention or norm, there is usually the pressure to conform. In such communities, the need to be accepted socially and the fear of communal rejection constitute the root causes or provide the motivation for perpetuating the practice of FGM. The awareness of the adverse health implication is not a deterrent as women and girls who are aware of the health risk still undergo the procedure out of fear that they will lack eligible suitor if they fail to do so.29 They believe that being cut increases marriage ability and better their marriage prospect. Ironically, some even engage in it under the mistaken belief that it enhances fertility, promote child survival and to help in the delivery of babies
24T. C. Okeke, U. S. B. Anyaehie and C. C. K. Ezenyeaku, ‘An overview of Female Genital Mutilation in Nigeria’ [2012] (2)(1) Annals of Medical and Health Sciences Research; 72 25 A. A. Anzaku, A. G. Angbalaga, A. C. Achetu, ‘Implication of Female Genital Mutilation in Nigeria as Portal for Infectious Diseases’ [2018] (2)(1) Journal of Bacteriology and Infectious Diseases; 28 26 Ibid 27 Ibid 28 Onyinye Edeh, It’s tradition: Female genital mutilation in Nigeria, September 20, 2017, https://www.icwa.org/its-tradition-female-genital-mutilation-in-nigeria/ 29 Ibid
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Hygiene and Aesthetic Reasons In some Nigerian communities, the external female genitals are considered unclean and unsightly, so it is removed to promote hygiene and to provide aesthetic appeal.30 In such communities, FGM is associated with cultural ideas of feminity and modesty, which include the notion that girls are clean and beautiful after the removal of the body parts considered unclean, unfeminine or male. The ordeal of FGM is often described with euphemism such as bath. A common question parents from such community ask their sons when they bring home their intended bride is: ‘Has she had her bath?’ There implication of such inquiry is that the external female genitalia are unclean and must be removed to be socially acceptable.
Religious Beliefs FGM is practiced in a number of communities under the mistaken beliefs that it is demanded by certain religions.31 Although no religious script prescribes the practice, the practitioners often believe the practice has religious support. Unfortunately, religious leaders take varying positions with regard to the practice. Some promote it, some consider it irrelevant to religion and others contribute to its elimination. Local structures of power and authority, such as community leaders, religious leaders, circumcisers and even some medical personnel contribute to upholding the practice.32
Condition for Inheritance In some communities in Nigeria, a female cannot inherit property unless she has been circumcised.33 So in order to be able to inherit if they are line for inheritance, they have to undergo such procedure. Hence FGM is often routinely performed as an integral part of social conformity and in line with communal identity.34
Consequences of FGM The consequences of FGM as explained by medical practitioners, health works amongst others are numerous. They include:
Infections
Portal for Microbial Infection According to Anzaku et al, FGM has the ability to induce secondary infections resulting from microbial pathogens.35 According to Topping some microbial infections associated with female circumcision such as STIs, HIV/AIDS, reproductive tract infection, pelvic
30 Ibid 31 Ibid 32 Ibid 33 J. k. Muteshi, S. Miller and J. M. Belizan, ‘The Ongoing Violence Against Women: Female Genital Mutilation/Cutting’ [2016] (13) Reproductive Health ; 44 34T. C. Okeke, U. S. B. Anyaehie and C. C. K. Ezenyeaku, ‘An overview of Female Genital Mutilation in Nigeria’ [2012] (2)(1) Annals of Medical and Health Sciences Research; 71 35 A. A. Anzaku, A. G. Angbalaga and A. C. Achetu, ‘Implication of Female Genital Mutilation in Nigeria as Portal for Infectious Diseases’ [2018] (2)(1) Journal of Bacteriology and Infectious Diseases; 28
Page | 129 AFJCLJ 6 (2021) inflammatory diseases and chronic urinary tract infection36 In the same vain, the WHO stated that FGM increases the short and long term health risks to women and girls and is unacceptable from a human rights and health perspective.37 While in general there is an increased risk of adverse health outcomes with increased severity of FGM, WHO is opposed to all forms of FGM and is emphatically against the practice being carried out by health care providers.38
Complication of Sexually transmitted Infections (STIs) According to Anzaku et al, female circumcision has been reportedly linked to increased risk of acquiring sexually transmitted infections (STIs) and complications of pelvic inflammatory diseases (PID).39 STIs are an important public health problem worldwide as the global incidence of STIs is estimated by the WHO to excessed 125 million per year, mainly affecting developing countries.40
Recurrent Urinary Tract Infections (UTIs) Some FGM procedure can result in partial occlusion of the vagina and urethra. This can deflect the normal flow of urine and make the perinum to be constantly wet and susceptible to bacterial growth. Retrograde UTI's therefore commonly occur, affecting the bladder, uterus and kidneys. Damage to the lower urinary tract during the procedure can also result in urinary tract infections.41
Pelvic Inflammatory Diseases (PID) Pelvic inflammatory disease (PID), a common complication of sexually transmitted infections (STIs) is accompanied by abdominal pain and infertility. FGM plays a significant impact in the progression of PID for the woman who has been infibulated there are added risks of infection band resulting infertility.42 It has been reported by Patrick, et al, that chronic pelvic disease was three times more prevalent in the infibulated women.43 Chronic retention of urine, menstrual flow, and repeated urinary tract infections with E. coli are the consequences of poor drainage, which results from a space from behind the vulva skin. This then becomes an excellent reservoir for the growth of pathogenic organisms such as the Escherichia coli44 Muteshi et al, reported a high incidence of candidiasis, which was more frequent with infibulation, and urine cultures.45 Shandoll has suggested three main causes of PID in the
36A Topping, ‘Nigeria's Female Genital Mutilation Ban is Important Precedent, Say Campaigners’ The Guardian, 28 May, 2016. 37 World Health Organization, Health Risks of Female Genital Mutilation (FGM) (Department of Sexual and Reproductive Health, 2018), 2 38 Ibid 39 A. A. Anzaku, A. G. Angbalaga and A. C. Achetu, ‘Implication of Female Genital Mutilation in Nigeria as Portal for Infectious Diseases’ [2018] (2)(1) Journal of Bacteriology and Infectious Diseases; 28 40 Ibid 41 Ibid 42 Ibid 43 C. Patrick and C. Bilal, ‘Female Urogenital Fistula: Complication and Challenges’ [2017] (4) Weill Cornell Medicine Urology, 10 44J. k. Muteshi, S. Miller and J. M. Belizan, ‘The Ongoing Violence Against Women: Female Genital Mutilation/Cutting’ [2016] (13) Reproductive Health; 44 45 Ibid
Page | 130 ONOMRERHINOR: Female Genital Mutilation in Nigeria: Causes, Consequences and Legal Intervention infibulated woman, namely: (i) Infection at the time of infibulation, (ii) Interference with drainage and (iii) Infection from splitting the infibulation.46
Susceptibility to HIV/AIDS FGM has been said to play a critical role in facilitating HIV infection through various mechanisms as it predisposes women to HIV infection in the following ways: increased need for blood transfusion due to haemorrhage either when the procedures is performed at childbirth or result of vaginal tearing during defibulation and intercourse and the use of the same blade on another person.47 This is because, the operation is mainly carried out by practitioners of traditional medicine and by traditional birth attendants using unsanitary knives and other unsterilized instruments in generally unhygienic conditions.48 According to Hardy, during intercourse penetration, there are difficulties which often result in tissue damages, lesion and postcoital bleeding which tends to make the squamous vaginal epithelium similar in permeability to the columnar mucosa of the rectum, thus facilitating the possible transmission of HIV.49
Obstetrical Complications FGM does irreparable harm to the female reproductive organ and health as a whole which can result to death through severe bleeding, pain and trauma as well as overwhelming infections. It has dangerous health implications because of the unsanitary conditions in which it is generally practiced.50 The opening passages between the vagina and bladder or anus can result to Urogenital Vaginal Fistula such as Vesico-Vaginal Fistula (VVF): Vesicovaginal fistula (VVF) is a subtype of female urogenital fistula (UGF). VVF is an abnormal fistulous tract extending between the bladder and the vagina that allows the continuous involuntary discharge of urine into the vaginal vault and Recto Vaginal Fistula (RVF). A rectovaginal fistula is an abnormal connection between the lower portion of the large intestine, the rectum and the vagina. Bowel contents can leak through the fistula, allowing gas or stool to pass through the vagina.51
Acccording to Okeke et al, obstetric complications arising from FGM include; perineal lacerations and inevitable need for episiotomy in infibulated patients. Others are defibulation with bleeding, injury to urethra and bladder, injury to rectum, and purperial sepsis; prolonged
46 A. A. Shandoll, ‘Circumcision and Infibulation of Female’ [1997] Sudan Medical Journal, 178 47 J. A. Black and G. D. ‘DeBelle, Female Genital Mutilation in Britain’ [1995] (301) Biomedical Journal; 1590 48 World Health Organization, Health Risks of Female Genital Mutilation (FGM) (Department of Sexual and Reproductive Health, 2018), 2 49 C. Hardy, ‘Cultural Practices Contributing to the Transmission of Human Immunodeficiency Virus in Africa’ [1987] (9)(6) Rev Infect Dis; 1109 50 Ibid. Also see T. Hodges, Children's and Women's Rights in Nigeria: A Wake-up Call, Situation Assessment and Analysis (National Planning Commission. 2001) available at https://dhsprogram.com/pubs/pdf/fr293/fr293.pdf 51A. A. Anzaku A. G. Angbalaga A. C. Achetu, P. Akharenegbe, D. I. Oche and C. J. Okezue, ‘Implication of Female Genital Mutilation in Nigeria as Portal for Infectious Diseases’ [2018](2)(1) J Bacterial Infec Dis; 28-30
Page | 131 AFJCLJ 6 (2021) labour, delayed 2nd stage and obstructed labour leading to fistulae formation; and increased perinatal morbidity and mortality.52
Psychological Problems The mental and psychological agony attached to FGM has been said to be the most serious complication as the problem does not manifest outwardly so help could be offered. Instead, the young female person may be in constant fear of the procedure and after exposure to it, she may also be in constant fear of sex and childbirth due to the anticipated pain and complications caused by FGM. Such girls may not speak up but end up becoming frigid and withdrawn resulting to marital disharmony.53
FGM leads to long-term physical, psychological and social consequences. It violates women’s rights to sexual and reproductive health, physical integrity, non-discrimination and freedom from cruel or degrading treatment. It is also a violation of medical ethics: Female genital mutilation is never safe, no matter who carries it out or how clean the venue is.54
4. Legislative Intervention on FGM in Nigeria Nigeria has a federal system of government comprising of 36 states and a mixed legal system of English common law, Islamic Law (in the 12 northern states) and a traditional or customary law. The Legal system is complex and both levels of government play a role in the enactment of laws prohibiting FGM in Nigeria. Although the federal government is responsible for passing general laws, state government must adopt and implement them in their respective states for them to be enforceable. The Constitution of the Federal Republic of Nigeria 1999 does not specifically refer to violence against women and girls or FGM. However, section 15(2) and section 17(2) prohibit discrimination and set out equality of rights respectively. Section 34(1) provides that every individual is entitled to respect for the dignity of their person and accordingly, no one shall be subject to torture or inhuman or degrading treatment. The Violence Against Persons (Prohibition) Act, 201555 which came into force on the 25th of May 2015 is the first federal law attempting to prohibit FGM across the country. The VAPP Act aim at eliminating gender-based violence in private and in public by criminalizing and punishing rape, incest, domestic violence, stalking, harmful traditional practices and FGM. Section 6(1) of the VAPP Act prohibits circumcision or genital mutilation of the girl child or woman. Section 6(2) criminalises the act by punishing anyone who performs or engages another to perform the act with a term of imprisonment not exceeding 4years or a fine not exceeding 200, 000, 00 naira, or both. Section 6(3) criminalises and punishes anyone who attempts to perform or engages another to perform it with a term of imprisonment not exceeding 2 years or a fine not exceeding 100,000,00 naira and section 6(4) punishes those
52 T. C. Okeke, U. S. B. Anyaehie and C. C. K. Ezenyeaku, ‘An overview of Female Genital Mutilation in Nigeria’ [2012] (2)(1) Annals of Medical and Health Sciences Research; 71 53 Ibid also see A. T. Odoi, ‘Female Genital Mutilation’ In: E. Y. Kwawukume and E. E. Emuveyan (eds), Comprehensive Gynaecology in the Tropics,1st edn (Graphic Packaging Ltd; 2005), 268 54 UNICEF, ‘Take Action to Eliminate Female Genital Mutilation by 2030’ February 6, 2019, https://www.unicef.org/nigeria/press-releases/take-action-eliminate-female-genital-mutilation-2030. 55 Hereinafter referred to as the VAPP Act or the Act.
Page | 132 ONOMRERHINOR: Female Genital Mutilation in Nigeria: Causes, Consequences and Legal Intervention who incites, aid, abet or counsel another to perform the act with 2years imprisonment or a fine of 100,000,00 naira. The VAPP Act as a federal law is only effective in the Federal Capital Territory, Abuja and as such states must pass mirroring legislation to prohibit FGM across the country.56 Unfortunately though, the Act is yet to be implemented across all the states of the Federation, only 13 states (mainly southern states) have put in place some form of law prohibiting FGM.57 However, prior to the enactment of the VAPP Act, several states enacted laws dealing with child abuse, child protection issues, violence against women and girls and the practice of FGM. States that did this include: Bayelsa State,58 Cross River,59 Ebonyi,60 Enugu,61 Rivers, Osun, Ogun, Ekiti, Delta and Edo.62 The Edo State Mutilation (Prohibition) Law was passed in 1999. It criminalises female circumcision as well as mutilation. Section 2 of the Law defines circumcision to mean the act of cutting off of the clitoris of a female while mutilation is said to be the cutting, incision, damage or removal of any part or the entire female organ. Section 3 criminalises circumcision and mutilation even where it is done with the consent of the victim. Section 4 of the law list offenders to include: any person who offers herself for circumcision, any person who forces, entices or causes any person to undergo FGM, any parent or guardian who forces their children or wards to undergo FGM and anyone who performs the act on another. For an offence to be committed under the Edo state FGM Law, it is irrelevant that the female consented. Consent is therefore not a defence to FGM. In the same vein the offender cannot also plead that it is an acknowledged cultural tradition. Under section 5, the police, the officers of the Ministry of Health and the officers of the Local Government or any other authorized person can arrest offenders. Upon conviction, section 7 of the Law provides for a term of imprisonment of not more than 3 years or a fine of 3,000.00 naira or both. In spite of these legislative interventions, FGM continues to thrive in Nigeria. The next section examines the factors responsible for the persistence of FGM in Nigeria and what can be done to turn the tide.
5. Why FGM Persists in Nigeria In Nigeria, FGM is being tackled by WHO, United Nations International Children Emergency Fund (UNICEF), Federation of International Obstetrics and Gynecology (FIGO), African Union, the Economic Commission for Africa (ECA), and many women organizations. Intensification of education of the general public at all levels has been done with emphasis on the dangers and undesirability of FGM.63 In spite of the increased international attention and the presence of a legal frame work for the prohibition of FGM in Nigeria, the problem persists due to a variety of factors. In many communities where FGM is prevalent, the practice is an influential social norm that ensures social acceptance and is commonly perceived as a religious
56 Onyinye Edeh, ‘It’s tradition: Female genital mutilation in Nigeria’ accessed September 20, 2017, https://www.icwa.org/its-tradition-female-genital-mutilation-in-nigeria/ 57 Ibid 58 Female Genital Mutilation (Prohibition) Law 2004 59 The Girl- Child Marriages and Female Circumcision (Prohibition) Law 2000 60 Law Abolishing Harmful Traditional Practices Against Women and Children 2001 61 Female Genital Mutilation (Prohibition) Law 2004 62 Edo State Mutilation Prohibition Law 1999. 63 T. C. Okeke, U. S. B. Anyaehie and C. C. K. Ezenyeaku, ‘An overview of Female Genital Mutilation in Nigeria’ [2012] (2)(1) Annals of Medical and Health Sciences Research; 71
Page | 133 AFJCLJ 6 (2021) obligation.64 In addition, despite the local and international call to abandon the practice, there is evidence that some Nigerian families, instead of abandoning the practice outright, are opting for medicalised form.65Medicalisation of FGM involves the use of health care providers such as doctors, nurses/midwives, or other health professionals to perform the practice either at facilities or at home.66 It also includes the procedure of re-infibulation at any point in a woman’s life.67 Although medicalisation is presumed to reduce the risk of complications, it does not eliminate them and does not alter the fact that FGM is a violation of women’s and girls’ rights to life, health, and bodily integrity.68 Sadly, medicalization of the practice when it is performed by health care providers rather than traditional practitioners increases the perception of legitimacy69 and though some states where FGM is prevalent have passed laws banning the practice, enforcement is a challenge due to low reporting and unavailability of data.70 Furthermore, in spite of the enactment of the VAPP Act, the absence of mirroring legislations in most states of the federation means that there is still need for a national legislative framework for the prohibition of FGM in Nigeria. This is be because the absence of a national legislative framework on FGM encourages the practice and undermines Nigeria’s international obligation assumed under international instruments such as the Convention on the Elimination of all forms of discrimination against women (CEDAW) (1979),71the African Charter on Human and Peoples’ Rights,72 the United Nations Convention on the Rights of a Child (1989)73 and the United Nations Declaration on the Elimination of Violence Against Women (1993).74
64 United States Government Accountability Office, ‘Female Genital Mutilation: US Assistance to Combat This Harmful Practice Abroad is Limited’ Report to the Minority Leader US Senate, April, 2016. (GAO- 16-485). 65 O. Obianwu, A. Adetunji and O. Dirisu, Understanding Medicalisation of Female Genital Mutilation/Cutting (FGM/C): a qualitative study of parents and health workers in Nigeria, (New York Population Council, 2018), 1 66 Ibid 67 World Health Organisation, Global Strategy to Stop Health-Care Providers from Performing Female Genital Mutilation, (World Health Organisation, 2010). 1 68 O. Obianwu, A. Adetunji and O. Dirisu, Understanding Medicalisation of Female Genital Mutilation/Cutting (FGM/C): a qualitative study of parents and health workers in Nigeria, (New York Population Council, 2018), 1 69 Ibid 70 United States Government Accountability Office, ‘Female Genital Mutilation: US Assistance to Combat This Harmful Practice Abroad is Limited’ Report to the Minority Leader US Senate, April, 2016. (GAO- 16-485). 70 World Health Organisation, Global Strategy to Stop Health-Care Providers from Performing Female Genital Mutilation, (Geneva: World Health Organisation, 2010), 2 71 Article 5 of the CEDAW calls on state parties to take appropriate measures to modify the social and cultural patterns of men and women with a view to achieving the elimination of prejudices and culturally harmful practices 72 Article 5 of the African Charter on Human and Peoples Rights prohibits torture, uncivil inhuman or degrading punishment or treatment. 73 This instrument contains such provisions as article 19, which obliges government to take appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation; article 24(3) which requires government to take all effective and appropriate measures to abolish traditional practices prejudicial to the health of children and article 37 which prohibits torture, cruel inhuman or degrading treatment of children. 74 Article 2(a) of this Convention defined violence against women to include physical, sexual and psychological violence occurring in the family, dowry related violence female genital mutilation and other traditional practices harmful to women.
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The above instruments to which Nigeria is a signatory requires Nigeria to enact a national legislation especially as Nigeria in September 2015, along with other members of the international community, agreed to a new set of development goals (the Sustainable Development Goals- SDGs) which include a target under goal 5 to eliminate all harmful practices including FGM by the year 2030. It is immaterial that Nigeria is yet to domesticate some of the international instrument under which some of the obligations are assumed. As stated elsewhere,75 states are expected to enter international agreements in good faith. When sovereign states come together to negotiate and agree to the text of a treaty, it is implied that the state parties accept the obligation and responsibility arising therefrom and will perform same in good faith.
6. Conclusion and Recommendations It is true that tradition and culture are important aspects of any society in helping to mold the views and behavioral patterns of the society. Some traditions and cultural beliefs/practices like FGM are harmful and must be abolished. A multidisciplinary approach involving, health care professional organizations, empowerment of the women in the society, and education of the general public at all levels with emphasis on dangers and undesirability of FGM is paramount. There is a need for a national legislation in Nigeria. A deliberate and concerted effort is needed on the part of government at all levels- federal, state and local, if the total eradication of the practice of FGM is to be achieved by the year 2030 as stipulated in the millennium development goal.
The existence of laws at both the federal and state level is an indication of capacity on the part of the state and federal government to end the practice of FGM in Nigeria. Already, the international community has shown that FGM is a global concern through its campaigns and awareness creation programs. However, there is an urgent need for decision makers and political leaders to take concrete action towards ending the harmful practice of FGM in Nigeria. The disjointed nature of the present legislative intervention on FGM especially at the national level is insufficient and not enough to fulfil Nigeria’s international obligation or ensure the complete eradication of FGM. A national legislation that is victim friendly, ie does not punish women and girls, is desirable. Even States like Edo that already has such legislation could improve on their extant law by amending the punishment stipulated for the offence as well as the category of offenders so that victims can be encouraged to develop a reporting culture that will in turn enable the law to serve as a deterrent. In this way, Nigeria will be seen to be performing its duty to protect the constitutionally guaranteed rights that this practice violates. In addition, all hands must be on deck as it were, that is, all the levels of government both the federal, state and local government must be committed to the eradication of the practice. In the same vein, there is need for concerted action in all sectors- health, education, finance, justice and women affairs. To this end, the federal and state government should ensure adequate funding of programmes aimed at disseminating clear and accurate information on the law and practice of FGM and States that are yet to enact laws prohibiting the practice
75 Flora Alohan Onomrerhinor, ‘A Re-Examination of the Requirement of Domestication of Treaties In Nigeria’ [2016](7) NAUJILJ; 17
Page | 135 AFJCLJ 6 (2021) should make doing so a priority. At the national level, there should be new policies and legislation protecting the rights of girls and women to live free from violence and discrimination. The federal government should develop a national action plan to end the practice. To be effective, such a plan should include budget lines dedicated to comprehensive sexual and reproductive health, education, social welfare and legal services for victims of FGM.76 Community leaders including local and religious leaders should be involved in providing education and enlightenment on the practice of FGM including the responsibility/ liability of all involved as well as the protection that the law offers women and girls in their communities in relations to the practice of FGM. State institutions especially health care providers should be encouraged to develop effective monitoring and data collection programme for the enforcement of FGM laws. To achieve this, there should be mandatory reporting of instances of FGM by medical staff in hospitals and health centres. Health care providers should include the dangers of FGM in health talks/ seminar during antenatal and post natal visits to maternities and clinics.
76 UNICEF, ‘Take Action to Eliminate Female Genital Mutilation by 2030’ February 6, 2019, https://www.unicef.org/nigeria/press-releases/take-action-eliminate-female-genital-mutilation-2030.
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