Lessons learnt from the discussion

What to retain of members’ contributions? The main ideas emitted by the members during the discussion on Cross-border FGMs: Reconsider and question the notion of border. Several members emphasized that many borders in Africa are “artificial”, divisions inherited from colonization, which helps explain why the practice is conducted across borders. Stop thinking in terms of borders and States only in order to begin thinking in terms of communities who live and share cultures and traditions which go beyond borders. People crossing borders do not perceive themselves as “foreigners” in the country they visit. Thus, increased cooperation and collaboration is needed between countries who house the same communities.

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Preliminary results of Josephine Wouango’s report

Josephine Wouango, anthropologist, has shared her knowledge and the first conclusions drawn from her research on cross-border FGM between Burkina Faso and Mali. Josephine Wouango is a lecturer at the University of Liège, Belgium, and a qualitative research expert supporting various organisations. She is currently assisting the Belgian Development Agency (ENABEL) as an expert on their West African bilateral cooperation programs on gender equality, and sexual and reproductive health and rights, and contributing the anthropological lens to help them better understand the contexts and the needs of their target population.

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Importance of cultural and family connections

Due to it’s clandestine nature, cross-border FGM raises questions about the existence of the networks supporting it. Evidence from Burkina Faso and neighboring countries suggests that officials, at the governmental level and in the border areas, family and cultural ties between communities on both sides of the border favor the crossborder practice of excision. (GRIGED, 2008) For example, in the border localities between Burkina Faso and Niger the role of family ties appears to be an anchor in the practice of cross-border FGM.

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Legal situations facilitating cross-border FGM

Avoiding the law Female Genital Mutilation remains an entrenched cultural and religious driven act in practicing communities. While global efforts have been made to curb this issue evidence suggests that families, cutters and practitioners still find ‘creative ways’ to uphold the practice. In some countries where FGM has become illegal, the practice has both been pushed underground and across borders to avoid prosecution. The movement of families and traditional practitioners across national borders for the purpose of FGM is a complex challenge for the campaign to end the practice, and women and girls living in border communities can be particularly vulnerable. (1; 2)

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Socio-economic subordination and FGM

Studies have revealed that the socio-economic subordination of women conditions the perpetuation of the practice of FGM (1), and that the more women exercise control over their lives, the more convinced they are that it is necessary to end the practice (2). Aditionally, the practice of female genital mutilation is believed to be linked to factors such as urban or rural residence, economic status and education (3).

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Strengths and good practices of anti-FGM laws
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Strengths and good practices of anti-FGM laws

The very existence of the law produces effects that go beyond the mere application of sanctions and the prosecution of those practising FGM. It serves as a deterrent and therefore protects girls at risk of undergoing FGM both from the practice itself and - in some cases - from the stigma associated with not being excised.

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Issues & critiques linked to anti-FGM laws
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Issues & critiques linked to anti-FGM laws

Criticisms of legal measures to combat FGM vary depending on the context in the country of implementation and the prevalence rate. Despite criminalization in many African countries, the prevalence of FGM remains high. Legal measures have not yet led to a sufficient decline in the practice in many countries. This is in part because FGM is a deeply rooted, culturally entrenched practice and therefore change is slow. However, critics also argue that laws are not always implemented, that they are not always adequate and that there are several problems with implementation. 28 Too Many estimate that only 2 of the 22 countries with anti-FGM legislation meet all the criteria they consider necessary to ensure satisfactory prevention and protection. (1, 2)

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The issue of Consent in anti-FGM laws
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The issue of Consent in anti-FGM laws

In Africa, many anti-FGM laws imply that if consent is given by a woman or girl, FGM is not a criminal offence (because she has “chosen” to be cut). (1, 2) On the contrary, in most European countries, as well as in Australia, it is the fact that: Whether or not a girl or woman has consented to FGM does not affect the legal status of the act. Nevertheless, in some European countries, consent may reduce the severity of the penalty. (3)

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Absence of law: the case of Mali (2019)
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Absence of law: the case of Mali (2019)

In Mali, one of the 6 African countries that currently have no law prohibiting FGM, work is being organized in order to produce a preparatory document for the ECOWAS (Economic Community of West African States) Court of Justice and to feed into a lawsuit against the State of Mali. For more information, we recommend an article from Mali 24 on “Abandoning the practice of FGM: Towards the questioning of Mali before the ECOWAS Court” from which we have taken some excerpts:

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An efficient law without trials: Iraqi Kurdistan
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An efficient law without trials: Iraqi Kurdistan

During the discussion, members questioned the relevance of considering trials and convictions as evidence of the success of a law and as a useful tool to improve the effectiveness of the law. Hannah Wettig, working for Wadi in northern Iraq, shared her observations of the discussions on FGM laws and questioned the emphasis on prosecution. She began with the example of a German law whose effectiveness cannot be questioned by the mere lack of legal action.

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