Female genital mutilation in South Africa
Posted: 7 June, 2012 Filed under: Barbara Kitui | Tags: childbirth, female genital mutilation, fgm, girls, harmful traditional practices, initiation, legislation, muthuso, postnatal care, South Africa, WHO, women, World Health Organisation 25 Comments »
Author: Barbara Kitui
LLM (Human Rights & Democartisation in Africa) student, Centre for Human Rights, University of Pretoria
Female genital mutilation (FGM) is one of the cultural practises embedded amongst the Venda community of north-east of South Africa. Eight weeks or less after childbirth, Venda women undergo a traditional ceremony called muthuso. Muthuso is a process of cutting the vaginal flesh of the mother by a traditional healer. The flesh is mixed with black powder and oil and applied on the child’s head to prevent goni. Goni has been described as a swelling on the back of a child’s head. The Venda people believe that goni can only be cured using the vaginal flesh of the child’s mother. Women who experienced FGM stated that they bleed excessively after the ceremony. Moreover, the women stated that there is no postnatal care in Venda. Consequently, the women use traditional medicine and sometimes this leads to death because of substandard treatment.
Vendas also practises FGM as initiation for girls into womanhood. The girls reside in a ‘nonyana’ hut for 24 hours until an appointed day when an old woman performs the clitoris cutting by the river banks. The girls are branded with a mark on their thighs as evidence of having attended initiation.
Migrants in South Africa including Sudanese and other African communities continue practising FGM. The families invite women into their homes who clandestinely circumcise often despite pleas from the girls. Herbs are applied to the cut places to quicken the healing. The girls are often traumatised following the practise.
The World Health Organisation does not list South Africa as a country where FGM is practised. In 2005 during the deliberation of the Children Bill, the South African Girl Child Alliance (SAGCA) presented a report highlighting the non-existence of FGM to South African parliamentarians on the Social Service Select Committee. The SAGCA report indicated that during the initiation ceremonies for women, there was no FGM being practised.
Article 5(a) of the Convention on the Elimination of all forms of Discrimination against Women obligates state parties to ensure that all cultural practises that violate the rights of women are eliminated.
Regionally, the Protocol to the African Charter on the Rights and Welfare of the Child on the Rights of Women in Africa imposes a duty on state parties under articles 8(f) and 2 to institute measures that prohibit all forms of harmful practises. Article 5 obliges governments to engage in public awareness against FGM, to enact legislation prohibiting FGM and to provide victim support for women affected by the effects of FGM.
Sections 30 and 31 of the 1996 South African Constitution provide for the right to culture which must be done in compliance with the Bill of Rights. Section 211 of the Constitution recognises the existence of cultural institutions which must comply with the Constitution.
South Africa enacted subsidiary legislation to address FGM. The Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) outlaws discrimination of any person on grounds of gender and culture, including FGM. Under section 12(2) (a), the Children’s Act explicitly prohibits genital mutilation or circumcision of female children as opposed section 8(b) Equality Act which only prohibits discrimination based on FGM.
The South African government has engaged in initiatives to curb FGM, for example national research and sensitization workshops where FGM is prevalent in liaison with government departments of health, culture and education. There is no acknowledgment by the government that FGM exists in South Africa. Most information obtained on FGM in South Africa is based on research by individuals or international organisations.
Culture is an aspect of African traditions that cannot be easily dispensed with. Despite the fact that international treatises deem FGM as an immense violation of human rights to females, those who practise FGM perceive it as a rite of passage and an avenue for children to receive protection from their mothers while eight weeks after birth.
In order to curb FGM, there is need for government to continue partnering with civil societies to sensitize communities and encourage them to reflect on the implication of FGM and make a conscious decision to end the practise.
About the Author:
Kitui Barbara is currently a postgraduate student pursuing the LLM in Human Rights and Democratisation in Africa at the University of Pretoria. As part of the LLM, Kitui undertook a field research in Venda, South Africa, under the topic ‘Hindrances to the fulfillment of the right to maternal healthcare in Venda.’ Other sources used for this research can be found here. Kitui worked as a Legal Officer with the Foundation for Human Rights Initiative in Uganda before joining the LLM programme.
Nice topic and for me it was educational rather than just realisation of what is happening in women’s world .but is curbing the practice of FGM by government not against the traditional and cultural practice of those cultures that practice FGM?
Thanks for your comment. Curbing the practice of FGM by government is not against cultures that practice FGM. Traditional leaders in South Africa are obliged to exercise cultural practices compatible with the South Africa Constitution. Sections 30 and 31(2) of the Constitution prohibit the enjoyment of cultures which are inconsistent with any provision of the Bill of Rights. FGM is inconsistent with the Constitution because it infringes on the right to human dignity, health, privacy and leads to physical harm and can infringe on the right to life.
This article is very insightful. The challenge left for we the human rights activists is to educate communities on the need to eliminate harmful practices and to engage our governments to facilitate the proces. Thank you for this educational tool Miss Kitui.
Thank you for the article Kitui! With work such as this you are bound to make a change!
Being in the field has given you a very good insight of this problem and this article clearly highlights that although the government has to respect the culture of a community, it cannot turn a blind eye to the human rights violations occurring in the process. I hope the government comes up with concrete action to combat this phenomenon. Good job!
The pressure is on. But, will the South African government finally rise up to the ocassion?
I don’t think it’s really a question of stopping the practice, but the object is to have the best aftercare possible. Very complex problem and one should not be flippant about this at all.
I am surprised as well as disturbed by the content of your article above. Without discrediting the content could you please provide more info on how you arrived at the facts as presented. As this is a website of an academic institution I’d hope that you are in possession of evidence for what you refer to as a practice for Vha-venda people.
I’d appreciate if you can share the evidence with me. I’m prepared to engage further with you on this as I’m Mu-venda and I’ve never come across evidence of such practice although they’ve been tales of such taking place in our history.
Thanks for your comment. Your remarks echo the highly contested issue surrounding FGM in South Africa. It is true that FGM is practiced amongst the Venda.
The research was based on my field research conducted in Venda during March 2012. The research was conducted in Vryboom village, Masia-Tshiphuseni village and Thohoyandou in Venda. I facilitated, through an interpreter, focus group discussions and conducted interviews where women confirmed that the harmful practice exists and some did not want it dispensed with. These women included those who have undergone the procedure. This article was supported by literature review from scholars such as Nkateko Lorraine Manabe.
I am pleased that you are interested in engaging with the matter. I am hopeful that a lot will be done as cultural leaders need to be sensitised because they are influential.
Iam also astonished venda women are known for their special beauty.It is believed in my country(Sudan) that when a venda woman sit down on her feet her lips reach the earth and assured that venda have some secret practice to enlarge them. I became assured of this because my grandfather had (vehdaoya) wife the older generations of my family practiced FMG but newer generation abandon it when my sister came to visit me as I live out of Sudan my wife who is an Egyptian saw my sister daughter in the bathroom assured this fact and thought for a moment that my sister daughter was a boy not a girl.
Ms Kitui I must commend you on a well-written and topical entry. I have known of this practise for many years now and am pleased that action is being taken against it. I also understand the difficult position the South African government and trust it will see the plight of women and respond to it.
good article babs
A precise, insightful article.
[...] Even though the World Health Organization does not include South Africa in the list of FGM practicin… [...]
The world needs law against all sorts feminicides, including excisional FGM. Neither the 4th type FMG acceptable, preparing the little girls to men pleasure.
http://susaufeminicides.blogspot.fr/
Thank you Ms KItui for this brilliant article. You are undoubtedly a voice for the voiceless.
Good article Ms. Barbara, I think it is the right moment to take action against all of these atrocities, This can be done lt’s play our parts!
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its high time the government do something in engaging the exploitation of women and children…. And back up to barbara kitui…
sorry.. spelling error..BIG-UP to barbara…..
Please everyone step forward for support and stop the female genital mutilation all the over the world.For support for stopping from all over the world.We have published EBOOK.Please everyone can join and see what is in EBOOK.http://www.fgmasylum.com
Good work Barbara,
Based on your Research, how children does a typical Venda woman have? If FGM is done after the birth of every children. How sustainable is this practice? What is the political benefit to the government of South Africa, denying the existence of social problems?
Thanks for your comment Anthony.
While conducting the research, I did not establish the number of children Venda women bring forth.
The issue of FGM arose as one of the challenges the women faced. Based on first hand information from the Venda women interviewed, it is unimaginable yet true that women undergo such practices.
The research focused on hindrances to accessing maternal healthcare in Venda (focusing on three villages). It was conducted within a period of one week and during that period, I was unable to secure formal clearance from the district office in order to interface with the responsible government officers.
Captivating topic indeed – though I wouldn’t describe is as “nice”.
One question though — are there any decided court cases on FGM in SA?