By Onyimbi Nelson
Harmful cultural practices, among them being Female Genital Mutilation (FGM), are deeply rooted, culture-specific practices that go against fundamental human rights of girls and women across the world. Globally, it is reported that over 200 million women and girls alive today have undergone FGM, with an estimated 4 million more at risk annually (WHO). Around Africa, the continent bears a significant burden of this practice, with a high concentration of the practice in many countries. In Kenya, despite a lot of efforts and interventions put into eradication, FGM remains a thorn in the flesh of many communities. The recent Kenya Demographic and Health Survey (KDHS 2022) reports that the national prevalence of FGM among women aged 15-49 has declined to 15% from 38% in 1998, yet high prevalence still exists in many parts of the country.
Contextually, FGM directly violates several national and international laws. Within Kenya, it is a serious violation of the constitution, which guarantees fundamental rights such as dignity, health, and freedom from torture and cruel, inhuman, or degrading treatment. Furthermore, the Children’s Act (2022) explicitly protects children from harmful cultural practices, and the Prohibition of Female Genital Mutilation Act (2011) criminalizes all forms of FGM, abetting it, and the knowledge and failure to report, while establishing severe penalties for offenders. Despite this robust legal framework, enforcement remains a significant challenge, particularly in communities where the practice is deeply entrenched.
In regions like the sub-counties of Kuria East and West in Migori, the elimination of FGM faces a steep barrier, in that it has been transformed into a lucrative economic activity. This illegal trade involves payments from the families of girls to the cutters, village elders, and even some law enforcement and justice officials, creating a hefty economic incentive for its continuation. This economic angle enables the curtailing of legal efforts, as those entrusted with upholding the law may be compromised, leading to impunity in the operations of the participating perpetrators. The financial benefits amounting to millions of shillings circulating among the traditional cutters, village elders, enforcement officers, and judicial institutions create a web of social and economic dependencies.
Intensive advocacy approaches and community-guided interventions are needed to dismantle this economic barrier. First, there must be an intentional commitment to strengthening law enforcement and judicial accountability, ensuring that all individuals involved in the FGM value chain face the full force of the law. Subsequently, sustainable economic empowerment programs must be introduced in FGM-practicing communities as alternative livelihoods for those who currently benefit from the practice. This includes vocational training, micro-finance initiatives, and support for women’s economic groups.
Additionally, intensified community engagement and education, led by local champions and survivors, are crucial to shift social norms and highlight the long-term health, psychological, and economic harms of FGM, as anti-FGM advocates forge a collective voice to abandon the harmful practice.
Eventually, key strategies that are innovative, community-led, and sustainable will be the means to overcome the economic grip of harmful cultures as a barrier to eradicate them and promote human rights across the globe.
Onyimbi Nelson is a Human Rights Advocate at NAYA Kenya.
