FGM Legislation for 25 African Countries – Female Genital Mutilation
Author: Womens UN Report Network
Date: October 30, 2006
FGM Legislation for 25 African Countries –
Female Genital Mutilation
FGM legislation for 25 African countries
Country |
Legislation against FGM |
1. Benin |
Law passed in 3rd March 2003 banning all forms of FGM. Law no. 2003-03 on the Repression of the Practice of FGM in the Republic of Benin. Article 2 prohibits all forms of FGM Article 4 imposes a prison term from 6 months to 3 years and a fine Article 5 imposes a higher penalty for those who perform FGM on minors Article 6 states that where the victim dies, the culprit will serve 5 Article 7 states that accomplices will punished as the actual Article 8 states that multiple offenders will be given the maximum Article 9 states that person who refuse to report the occurrence of FGM Persons are supposed to report any occurrence of FGM to the Public Article 10 obliges the medical staff to assist the FGM victim/survivor |
2. Burkina Faso | Law no. 43/96/ADP was enacted on 13th November 1996. Article 380 any person who violates or attempts to violate the physical If FGM results in death, the punishment shall be imprisonment for 5-10 Article 381 imposes the maximum punishment for persons in the medical Article 382 a person having knowledge of the acts outlined in article |
3. Cameroon** | No current FGM laws or Penal code provisions however provisions on grievous bodily harm at article 277 –281 of the Penal code can be used |
4. Central African Republic | In 1996 the then president issued an ordinance prohibiting the practice of FGM. |
5.Chad | Law no 6/PR/2002 on the promotion of reproductive health has provisions prohibiting FGM |
6. Cote d’Iviore | Law passed in 1998 *** |
7. Democratic Republic of Congo | No law provisions on FGM but the Penal Code article 46-48 on ‘intentional bodily injury’ can be used to address FGM |
8. Djibouti | 1995 the Penal Code was amended to include prohibition on FGM. Article 333 of the Penal code provides that ‘acts of violence resulting in Genital Mutilation are punishable by imprisonment for 5 years and a fine of 1,000,000 francs. Penal code does not define the term FGM. |
9. Egypt |
Ministerial decree 1996 prohibits FGM |
10. Eritrea | No law on FGM in Eritrea |
11. Ethiopia | No law |
12. The Gambia |
No law |
13. Ghana | The Constitution at article 26 (2) prohibits all customary practices, which dehumanise or are injurious to the physical and mental well being of a person. Article 39 (2) states that government policy objective is to ensure that traditional practices which are injurious and harmful are abolished. In 1994, amendment to the criminal code made FGM a criminal offence. |
14. Guinea | A law was passed in February 2006 against FGM. The law no. 2005 of —– provides at Chapter one defines FGM Chapter two provides the penalty for those who perform FGM, regardless Article 9 provides for imprisonment between 6 months to 2 years and/ or Article 10 provides that persons in the medical field receive the |
15. Guinea Bissau |
No law but penal provisions may be applicable |
16. Kenya | The Children’s Act No. 8 of 2001 FGM of persons under the age of 18yrs at section 14. It prohibits FGM and other harmful practices that ‘negatively affect’ children and gives a penalty of twelve month imprisonment and/or a fine not exceeding fifty thousand shillings. |
17. Liberia | Liberia has no specific law on FGM. Section |
18. Mali | Law no. 02-044 passed on 24th June 2002 on Reproductive health outlaws FGM while ordinance 04-019 incorporates the Maputo Protocol into law |
19. Mauritania | (Ordinance no. 2005-015) Chapter II Article 12 Penal Code prohibits the practice of FGM on infants and children (defined as those below the age of 18). The punishment is up to four years and a fine of 120,000-300,000 ouguiya |
20. Niger | Law no. 2003-025 made an amendment to the Penal Code which criminalized all forms of FGM article 232.1-232.3 |
21. Nigeria | No federal law banning FGM, some states have banned FGM such as Edo State, Ogun, Cross River, Osun, Rivers and Bayelsa states. Bill H22 |
22. Senegal | In January 1999, the Penal Code was amended, article 299 of the Penal Code criminalizes FGM |
23. Sierre Leone | No law |
24. Somalia | No law |
25. Sudan | No law |
26. Tanzania | Penal Code amended in 1998 which criminalized FGM at Article 169A Penal Code |
27. Togo | Law no. 98-016 was enacted to prohibits FGM
Article 1 forbids all forms of FGM Article 2 gives the definition of FGM and excludes operation performed Article 3 states that all persons who perform FGM whether in the Article 4 provides punishment for the offence created at article 3, Multiple offenders will receive a double penalty*** Article 5 provides that where the FGM results in death of the victim, Article 6 provides punishment for person who fails to notify the public This includes parents, relatives till the fourth generation, Article 7 requires both public and private hospitals to assist victims |
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