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Protecting Girls from FGM & Other Harmful Practices:

Protecting Girls from FGM & Other Harmful Practices:. Challenges and Opportunities for Legal Intervention in Africa. Co-Authors. Efua Dorkenoo, OBE . Co-Authors. Efua Dorkenoo, OBE Professor Diane Rosenfeld. Co-Authors. Efua Dorkenoo, OBE Professor Diane Rosenfeld

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Protecting Girls from FGM & Other Harmful Practices:

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  1. Protecting Girls from FGM & Other Harmful Practices: Challenges and Opportunities for Legal Intervention in Africa

  2. Co-Authors • Efua Dorkenoo, OBE

  3. Co-Authors • Efua Dorkenoo, OBE • Professor Diane Rosenfeld

  4. Co-Authors • Efua Dorkenoo, OBE • Professor Diane Rosenfeld • Rachel Sandel Morse

  5. Co-Authors • Efua Dorkenoo, OBE • Professor Diane Rosenfeld • Rachel Sandel Morse • Liane Ong

  6. Focus of Research • Legal Framework • Child Protection • Burkina Faso, Ghana, Kenya, Tanzania and United Kingdom

  7. Research Objectives • Review current national legislative measures • Examine existing legal intervention strategies • Identify emerging best practices • Identify challenges to implementing legal interventions • Recommend a child protection framework

  8. Methodology • Literature Review • Legal Research • Correspondence Interviews • Participatory Workshop in Nairobi

  9. The Problem • Child victims • Cultural values and inertia • Fear of pushing the practice underground • Multiple sectors • Insufficient resources

  10. The Laws -- Basic • In 1994, Ghana criminalized FGM: • “Whoever excises, infibulates or otherwise mutilates the whole or any part of the labia minora, labia majora and the clitoris of another person commits an offence and shall be guilty of a second-degree felony and liable on conviction to imprisonment of not less than three years.”

  11. The Laws -- Basic • Burkina Faso’s Penal Code provides • that anyone who forces a person into marriage shall be punished by imprisonment of six months to two years, • and anyone who forces a minor into marriage shall be punished by imprisonment of one to three years.

  12. The Laws -- Beyond Basic • Child Protection Statutes (Ghana, Kenya) • Extraterritoriality (UK) • Betrothal of minors prohibited (Ghana, Kenya) • Brideprice prohibited (Burkina Faso) • Stiffer penalties for medical personnel (Burkina Faso) • Good Samaritan provision (Burkina Faso)

  13. Making the Law a Reality • Two Case Studies: • Burkina Faso • Narok, Kenya

  14. Burkina Faso:A Government’s National Strategy National Committee Against Excision (CNLPE) • Established in 1990 • Administered by Ministry for Social Action and the Family • Oversees education, research, and evaluation of activities to prevent FGM • SOS Hotline • If FGM has already occurred, CNLPE ensures that the parents and the practitioner are served notice to report to the police. • If FGM has not yet occurred, CNLPE informs the family of the harmful effects of FGM as well as the law.

  15. Burkina Faso:A Government’s National Strategy • Police involvement includes: • identification of hundreds of excisors nationwide and monitoring of their activities; • preventing many girls from undergoing FGM; • contribution to awareness-raising about the harmful effects of FGM; and • creation of a better understanding the law -- FGM is a criminal rather than a cultural practice.

  16. Kenya:A Local Cooperation

  17. Kenya:A Local Cooperation

  18. Kenya:A Local Cooperation

  19. Kenya:A Local Cooperation

  20. Major Remaining Challenges to Implementing the Law • “How can civil society help the law?” is the wrong question • Educational and legal campaigns are disjointed • Lack of funding and other resources • Reluctant prosecution • Child witnesses • “people don’t like prison” • Medicalization

  21. Recommendations

  22. Placing FGM in a Child Protection Framework • UNICEF’s child protection system includes: • Adequate legislation and policy framework • Effective Social Services/Welfare system • Specialised child protection services (police and justice systems) • Responsive basic service providers • Teachers, health community workers, community leaders, and religious leaders

  23. Placing FGM in a Child Protection Framework • UNICEF is currently working to implement this child protection system in several countries • FGM and forced marriage should be placed explicitly within that system

  24. Putting the Pieces Together

  25. Putting the Pieces Together • Combine strategies of Burkina Faso and Narok • National strategy to combat violence against women • Training manuals for all professionals • Include guide to children’s legal rights, professionals’ legal responsibility and any available resources • Separate children’s courts • Accountability -- adequate monitoring and evaluation of all professionals

  26. Thank You • FORWARD • Harvard Law School • IAC • Equality Now • WHO

  27. Special Thanks • UK Department for International Development (DFID)

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