In November 1996, the government passed a law prohibiting and sanctioning the practice of female genital mutilation (article 380 of the Criminal Code). The Constitution of Burkina Faso (adopted in 1991) does not, however, explicitly refer to violence against women and girls, harmful practices or FGM. In 2018, the Parliament adopted a new bill, further criminalizing the constitutive acts of violence against women and girls and providing for penalties for performing FGM.

Somalia has one of the highest prevalences of FGM with 97.9% among women aged 15-49 years. “Female circumcision” is mentioned in the Somali Constitution as a “cruel and degrading customary practice”, equivalent to torture. The Constitution stipulates that “the circumcision of girls is prohibited”. However, there is no specific national law on FGM and there is no provision for punishment for a violation of the Constitution. The Somali Penal Code (Law No. 05/19623, April 1964), applicable to all courts in Somalia (and Somaliland), criminalizes “causing harm to another person resulting in physical or mental illness” (1). It was reported in 2015 that a bill criminalizing FGM throughout Somalia was being prepared, but no text has yet been introduced. There is also no legislation on the national level criminalizing and sanctioning the medicalization of FGM, a growing problem in Somalia, especially among wealthier families.

The value of debating the use of anti-FGM laws was questioned by members. Two main arguments were confronted. Firstly, one of the members pointed out that any criticisms or arguments against anti-FGM legislation could apply to any existing law in the field of child protection or human rights in general. The law paves the way for social change but does not enshrine it. It is only a necessary step towards the elimination of the practice and a change in attitudes, which must be accompanied and complemented by education and awareness campaigns in particular.