Threats to #EndFGM Law in The Gambia
Posted: 22 March, 2024 Filed under: Musu Bakoto Sawo, Satang Nabaneh | Tags: ACERWC, African Commission and the African Committee of Experts on the Rights and Welfare of the Child, anti-FGM campaigners, bodily integrity, cultural heritage, female circumcision, female genital mutilation, fgm, gender-based violence, human rights, Imam Abdoulie Fatty, international outcry, lack of information, legal instruments, Maputo Protocol, Private Member’s Bill, protection of human rights, religious beliefs, The Gambia, Women's Act of 2010, Women’s (Amendment) Act of 2015, Women’s (Amendment) Bill 2024, Yahya Jammeh 17 Comments |
Author: Satang Nabaneh Legal Scholar & Human Rights Practitioner |
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Author: Musu Bakoto Sawo Gambian feminist and human rights lawyer |
In 2015, The Gambia introduced legislation banning female genital mutilation (FGM) through an amendment of the Women’s Act of 2010, following decades of advocacy and sensitization efforts led by civil society organisations (CSOs) and community groups. Section 32A of the Women’s (Amendment) Act of 2015 makes it an offence for any person to engage in female circumcision. Whoever contravenes it is liable on conviction to a term of imprisonment of three years or a fine or both. The Act also stipulates a life sentence when the circumcision results in death. Section 32B (1) addresses those who commission the procedure, stipulating that ‘a person who requests, incites or promotes female circumcision by providing tools or by any other means commits an offence and is liable on conviction to imprisonment for a term of three years or a fine of fifty thousand Dalasis or both’. In addition, a fine of ten thousand Dalasis (approximately $153) as provided in section 32B (2) of the Act is levied against anyone who knows about the practice and fails to report it without a good cause.
The Status of Women’s Reproductive Rights in Africa
Posted: 11 March, 2022 Filed under: Satang Nabaneh | Tags: Beijing Declaration, essential services, female genital mutilation, gender-based violence, HIV, human rights instruments, lack of information, Maputo Protocol, maternal mortality, Sexual and reproductive health, sexual and reproductive rights Leave a commentAuthor: Satang Nabaneh
Post-doctoral Fellow, Centre for Human Rights, University of Pretoria
Sexual and reproductive health and rights has been recognized to be embodied in human rights instruments. The achievement of sexual and reproductive health relies on realizing sexual and reproductive rights. This means that States have general obligations to respect, protect and fulfill these rights. Despite these obligations, violations of women’s sexual and reproductive health and rights are evident, including denial of essential services such as obstetric care, lack of high-quality care, access to safe abortion, female genital mutilation (FGM), and early marriage. With regard to HIV infections, the WHO African region remains the most severely affected, with nearly 1 in every 25 adults (3.6%) living with HIV and accounting for more than two-thirds of the people living with HIV worldwide.
Towards eradicating female genital mutilation in Nigeria
Posted: 3 September, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: abuse, abuse of women, Africa, child marriage, clitoris, cultural relativism, domestic violence, federal law, female genital mutilation, fgm, FGM/C, fistula, GBV, gender-based violence, Harmful practices, harmful traditional practices, human rights, indigenous areas, international call, maternal mortality, Nigeria, protection, psychological violence, sexual violence, socioeconomic violence, traditional circumcisers, Type II, vagina, violence, women's rights Leave a comment
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Nigeria is home to over 180 million people, 49.4% of whom are female. Along with the rest of the population, the Nigerian female population will experience dramatic increases in size by 2050. As far as violence against women is concerned, federal law addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socio-economic violence. The law also cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (“FGM/C”), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses.
A 2019 survey on domestic violence found that 47% of respondents had suffered from domestic violence or knew someone who had; 82% of respondents indicated that violence against women was prevalent in the country. Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts, and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.
Addressing gender-based violence against women and children in Africa
Posted: 14 January, 2021 Filed under: Kwasi Asiedu Abrokwah | Tags: Africa, child marriage, discrimination, female genital mutilation, femicide, GBV, Gender Based Violence, intimate partner violence, kidnapping, lack of education, religious laws, sexual harassment, sexual violence, socio-economic violence, United Nations Women’s Organization, UNWomen 1 Comment
Author: Kwasi Asiedu Abrokwah
Operational Supervisor, Prime Legacy Construction Pty; Communications Director, The Great People of South Africa
Introduction
Gender-based violence (GBV) is defined as violence that is directed against a person on the basis of their gender or sex, including acts that inflict physical, mental, or sexual harm (intimate partner violence or non-intimate partner violence), suffering threats of such acts, coercion and deprivations of liberty. According to the United Nations Women’s Organisation (UNWomen), it is estimated that 35 percent of women worldwide have experienced either physical or sexual violence at some point in their lives. In the West African region, Liberia, Cote d´Ivoire and Sierra Leone are examples of countries where GBV were used as weapons of war. GBV has been a huge problem in Africa where women and children are violated by men. GBV occurs in various forms, including femicide, female genital mutilation (FGM), child marriage, intimate partner violence, sexual harassment, sexual violence and kidnapping. It may also occur in the form of socio-economic violence, including discrimination and denial of opportunities or services on the basis of sex, gender, sexual orientation.
Effectiveness of intervention measures to address female genital mutilation in Ethiopia: A discussion
Posted: 14 May, 2019 Filed under: Henok Ashagrey | Tags: bodily harm, Children and Youth’s Affairs, children's rights, Constitution of Ethiopia, Criminal Code of Ethiopia, cultural practice, Ethiopia, female genital mutilation, fgm, harmful customs, Harmful practices, infibulation, Ministry of Women, North Shewa, rights of children, violations, violence against women, women's rights Leave a comment
Author: Henok Ashagrey
Legal Researcher at the Secretariat of the African Committee of Experts on the Rights and Welfare of the Child
Despite certain signs of progress, interventions to address harmful practices in the Federal Democratic Republic of Ethiopia (Ethiopia) are still ineffective. To be effective, these interventions require more inclusivity, stronger cooperation between levels of government, and a focus on changing societal values.
Harmful practices are a principal factor in the violations of women’s rights in Ethiopia. For example, in the North Shewa rural region in the North of Ethiopia, where I come from, harmful practices against women and girls, particularly female genital mutilation (FGM), are accepted as valid cultural practice. The practitioners of FGM justify their acts on religious and cultural grounds.
Banning female circumcision in The Gambia through legislative change: The next steps
Posted: 19 January, 2016 Filed under: Satang Nabaneh | Tags: Africa, Anti-FGM Board, Anti-FGM Prosecution Unit, Domestic Violence Act, female circumcision, female genital mutilation, fgm, harmful traditional practices, Maputo Protocol, Ministry of Women’s Affairs, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, right to dignity, right to health, Sexual Offences Act, The Gambia, women's rights, Women’s (Amendment) Bill 2015 19 Comments
Author: Satang Nabaneh
Lecturer at the Faculty of Law, University of The Gambia.
There is nothing more powerful than a decision made at the right time, especially one which is a desideratum. So it was with the ban on female genital mutilation (FGM) in The Gambia. From the coastal village of Brufut, on the chilly night of 24 November 2015, President Jammeh declared a ban on FGM stating that it was a cultural and not a religious practice (that is not to say that the practice would have been justifiable if it was a religious practice, given its well documented harmful effects). The news was as unexpected as it was music to the ear. It was every campaigner’s wish, to see an end to FGM in The Gambia. This was swiftly followed by the passing of the Women’s (Amendment) Bill 2015 by the National Assembly on 2 December 2015 to prohibit female circumcision. The amendment addresses one of the key deficiencies of the Women’s Act 2010 which was the absence of a provision on eliminating harmful traditional practices. The Amendment Act added sections 32A and 32B in the Women’s Act. With the enactment, The Gambia joined a number of African countries in adopting legislation as a reform strategy for ending FGM.
Zero tolerance for female genital mutilation in Eritrea?
Posted: 6 February, 2015 Filed under: Thato Motaung | Tags: circumcision, discrimination against women and girls, eradication of fgm, Eritrea, external female genitalia, female genital mutilation, fgm, FGM/C, infubulation, International Day of Zero Tolerance for Female Genital Mutilation, maternal health, sexual and reproductive health rights, women's human rights, women's rights Leave a comment
Author: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria
International Day of Zero Tolerance for Female Genital Mutilation: 6 February 2015
February 6 – the International Day of Zero Tolerance for Female Genital Mutilation – is dedicated annually to making the world aware of the harmful effects of female genital mutilation or cutting (FGM/C) and to promote its eradication[1]. FGM/C involves the partial or total removal of external female genitalia; a deep form of discrimination against women and girls, it directly violates their right to health, and physical integrity. The practice is rooted in cultural and religious beliefs of communities who perceive it as a social obligation to control female sexuality and ‘preserve or protect’ a woman’s chastity.
The most common form of FGM/C in Eritrea is ‘infubulation[2]’. During the procedure, the child’s legs and hips are tied together to limit movement – often for several weeks afterward to allow healing. The age for circumcising of a girl varies amongst cultural groups, but can range from one month old to 15 years. A traditional circumciser commonly performs the act within communities; close relatives or neighbours can also act as circumcisers.
Homosexuality v. homophobia, which is criminal?
Posted: 21 January, 2013 Filed under: Joelle Dountio | Tags: Africa, African traditions, civil rights, corrective rape, female genital mutilation, HIV/Aids, homophobia, homosexuality, human rights, International Bill of Rights, international human rights, political rights, privacy, religion, right to freedom of association, Rwanda, traditional cultural beliefs 7 Comments
Author: Joelle Dountio
PhD candidate, Faculty of Law, University of Pretoria
Religion, traditional cultural beliefs and law are all used by humans to fuel hatred, stigma, and discrimination towards homosexuals. The rights to equality, non-discrimination and freedom from torture, cruel, inhuman and degrading treatment as upheld by the International Bill of Rights and other human rights instruments are, for the most part, all recognised in the constitutions and other national laws of most African countries. However, 36 of the 54 African countries have punitive laws on homosexuality. Meanwhile, homosexuality is a sexual orientation and a prohibited ground for discrimination under international human rights law (Toonen v. Australia).
Historically, religion has been used to justify some of the worst atrocities committed against human beings. Some of these atrocities include: slavery, the holocaust, apartheid, racism and terrorism. Today, the Bible is used to justify homophobia based on the famous kingdoms of Sodom and Gomorrah. The question I ask is, does the Bible really mean that we should kill these people as is happening today? And even if it does mean this, what about other practices for which the Bible says people should be killed? This Bible says married women who have sexual relations outside their marriage should be killed. The Bible says we should sell all we have and give the money to the poor. The Bible says we should not make carved images of anything in heaven. Why do Christians not apply these? Apparently man chooses to follow only those sections of the Bible which suit him and enable him to meet his selfish goal irrespective of the consequences to others. Is this not hypocrisy?
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 81 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.
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