By Dancan Kemanga, Evelyn Sasi
Female Genital Mutilation (FGM) remains a global human rights violation affecting millions of girls and women. Despite being internationally recognized as a violation of human rights, it persists due to the deeply rooted cultural beliefs, social norms, and lack of effective legal systems. According to UNICEF’s newly released report, over 230 million girls and women alive today have been subjected to FGM. The global estimates show a 15% increase that translates to 30 million more girls and women in the total number of survivors compared to data released eight years ago.
The shocking statistics from UNICEF indicate that the pace of progress to end FGM remains slow and far off-pace to meet the UN’s Sustainable Development Goal to eliminate the practice. The global pace of decline would need to be 27 times faster to end the practice by 2030. Female genital mutilation comprises all procedures that involve partial or total removal of the external genitalia for non-medical reasons, harming girls’ bodies, diming their futures, and endangering their lives. Globally, most countries such as Kenya have enacted laws including the FGM Act of 2011, and ratified international conventions to prohibit and criminalize FGM. These legal measures aim to protect girls and women from undergoing this traumatic procedure and hold the perpetrators accountable. However, the effectiveness of these laws varies widely, with some jurisdictions struggling to enforce them effectively. Often, cultural, social, and religious factors undermine the enforcement of anti-FGM legislation, fueling the cycles of abuse and discrimination. The existence of kangaroo courts that operate in a non-human rights foundation, further perpetuates the spreading of the vice, granting a level of immunity to known violators.
Implementation of anti-FGM laws presents numerous challenges, including limited resources, inadequate law enforcement mechanisms, and resistance from communities where FGM is deeply entrenched. Moreover, cultural norms and misconceptions about tradition often serve as a barrier to legal interventions. To effectively combat FGM, there is an urgent need for comprehensive legal reforms that strengthen existing legislation and address gaps in enforcement. Legal frameworks should include robust provisions for enforcement, imposing severe penalties on those responsible for performance, aiding, procurement, and funding the operation of FGM, strict restrictions on cash bails, and measures to protect and support the survivors. Additionally, legal systems should be accompanied by educational initiatives aimed at raising awareness about the harmful effects of FGM, advocating for alternative rites of passage, and promoting gender equality, while simultaneously addressing the prevalence of kangaroo courts that undermine the legitimacy of the legal systems.
Eradicating FGM requires coordinated efforts that should involve, the government, civil society organizations, and international agencies. Countries and communities should work together, share best practices, exchange information, and harmonize legal frameworks to prevent cross-border FGM practices. International cooperation can also facilitate the mobilization of resources and support for programs envisioned to end FGM and supporting survivors. Furthermore, legal reforms need to be complemented by community-based approaches that empower affected communities to abandon FGM, and also provide comprehensive support services for FGM survivors.
By enacting and enforcing comprehensive legislation, addressing the root causes of FGM, raising awareness, supporting survivors, and fostering international collaborations, governments can strengthen their legal systems to effectively combat FGM and protect the rights of girls and women. It is only through concerted efforts at the local, national, and international levels that FGM can be consigned to history, ensuring a future where every girl can live without harm and discrimination.
