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 Efua Dorkenoo, OBE Professor Diane Rosenfeld

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

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

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

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 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

Methodology Literature Review Legal Research Correspondence Interviews Participatory Workshop in Nairobi Literature Review Legal Research Correspondence Interviews Participatory Workshop in Nairobi

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

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. 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.

The Laws -- Basic Burkina Fasos 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. Burkina Fasos 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.

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) 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)

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

Burkina Faso: A Governments 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. 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.

Burkina Faso: A Governments 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. 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.

Kenya: A Local Cooperation

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 dont like prison Medicalization 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 dont like prison Medicalization

Recommendations

Placing FGM in a Child Protection Framework UNICEFs 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 UNICEFs 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

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 UNICEF is currently working to implement this child protection system in several countries FGM and forced marriage should be placed explicitly within that system

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 childrens legal rights, professionals legal responsibility and any available resources Separate childrens courts Accountability -- adequate monitoring and evaluation of all professionals Combine strategies of Burkina Faso and Narok National strategy to combat violence against women Training manuals for all professionals Include guide to childrens legal rights, professionals legal responsibility and any available resources Separate childrens courts Accountability -- adequate monitoring and evaluation of all professionals

Thank You FORWARD Harvard Law School IAC Equality Now WHO FORWARD Harvard Law School IAC Equality Now WHO

Special Thanks UK Department for International Development (DFID)