Guinea Conakry was the first country in the world to have an anti-FGM law. According to one Guinean member, the high prevalence (just below Somalia) « shows the limits of the judicial approach ». There have been a few public trials in Guinea (around 5 in the last five years) and some sentences against some excisors. However, there … Lire la suite Guinea Conakry & The Gambia – the limits of judicial approach →

In Mali, one of 6 African countries where there is currently no anti-FGM law (see the thematic sheet of this discussion) work is ongoing to prepare a file for the ECOWAS Justice Court (Economic Communiyy of the States of the West Africa) and file a lawsuit against the State of Mali. A meeting was organised on … Lire la suite Mali – no anti-FGM law →

Burkina Faso has a unique track record in the application of the law criminalizing FGM. Compared to other countries Burkina Faso seems to be a good example in terms of implementation of anti-FGM law. History of the anti-FGM movement in Burkina Faso Since the 1960s, there have been awareness raising campaigns against FGM in the country, … Lire la suite Burkina Faso – Innovatice approaches →

In several countries, but not all, FGM is illegal independently on whether a girl or woman consents to it. Members agreed that issues of consent and women's autonomy over their bodies is a hotly contested legal debate; with communities and pro-FGM activists citing that women have the right to consent to cultural obligations affecting them. … Lire la suite Can adult women consent to FGM? →

Members stressed that although women and girls sometimes ask to be cut, in order to be respected in their society, a few countries include a provision rendering derogative language against uncut girls/women illegal. This is the case in Kenya. Howver, despite this provision there has not yet been any reported or prosecuted case, possibly due … Lire la suite Prohibition of derogative language →

Maryam Sheikh (Somalia/Kenya) : raised the dilemma that parents face when wanting to save daughters from the cut while still wating them to « belong ». Moreover, girls themselves may ask to undergo FGM in order to be like the other girls in their community. Maryam Sheikh testified of her personal experience: « I saw it with my own sister, … Lire la suite Wanting your daughter « to belong », despite FGM being illegal →

Cross-border FGM is an issue in Burkina Faso, where families travel to Mali, which currently doesn’t have an anti-FGM law, to perform the practice. It is also an issue in Kenya and The Gambia. As seen in the Thematic note, several countries do not criminalize FGM performed in another country. This is the case for … Lire la suite Cross-border FGM →

One member questioned the interest of the debating the use of anti-FGM legislation. She considered that any arguments against anti-FGM legislation may be used  against any existing laws aimed at child protection and human rights in general : « There are very few places in this world where a law is being implemented and respected just because it … Lire la suite Questioning of the interest of debating anti-FGM law →

Members stressed the importance of people being involved in the élaboration and implementation of laws. Drafting laws through a consultative and participatory process facilitates and enhances the effectiveness of law enforcement. Kenyan context : « Implementation of the Prohibition of FGM Act, 2011 is hampered by the fact that communities practicing FGM totally disregard the law and/or … Lire la suite Communities ignore, oppose or disregard the law →

The issue of under-reporting of FGM as well as lack of prosecutions in many contexts, such as Kenya, Somalia, Iraq, were discussed. In the Kenyan context : « Implementation of the Act has also been hampered by the quality of prosecution of FGM cases since the enacted of the law. There has been under-reporting of FGM … Lire la suite Issues around (under-)reporting and (lack of) Prosecution →