Protecting Girls from FGM & Other Harmful Practices:

Protecting Girls from FGM & Other Harmful Practices:

Challenges and Opportunities for Legal Intervention in Africa

Challenges and Opportunities for Legal Intervention in Africa

Co-AuthorsCo-Authors

Efua Dorkenoo, OBE Efua Dorkenoo, OBE

Co-AuthorsCo-Authors

Efua Dorkenoo, OBE

Professor Diane Rosenfeld

Efua Dorkenoo, OBE

Professor Diane Rosenfeld

Co-AuthorsCo-Authors

Efua Dorkenoo, OBE

Professor Diane Rosenfeld

Rachel Sandel Morse

Efua Dorkenoo, OBE

Professor Diane Rosenfeld

Rachel Sandel Morse

Co-AuthorsCo-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 ResearchFocus 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 ObjectivesResearch 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

MethodologyMethodology

Literature Review

Legal Research

Correspondence Interviews

Participatory Workshop in Nairobi

Literature Review

Legal Research

Correspondence Interviews

Participatory Workshop in Nairobi

The ProblemThe 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 -- BasicThe 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 -- BasicThe 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.

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.

The Laws -- Beyond BasicThe 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 RealityMaking the Law a Reality

Two Case Studies:

Burkina Faso

Narok, Kenya

Two Case Studies:

Burkina Faso

Narok, Kenya

Burkina Faso:A Government’s National Strategy

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.

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 Government’s National Strategy

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.

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

Kenya:A Local Cooperation

Kenya:A Local Cooperation

Kenya:A Local Cooperation

Kenya:A Local Cooperation

Kenya:A Local Cooperation

Kenya:A Local Cooperation

Kenya:A Local Cooperation

Major Remaining Challenges to Implementing the Law

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

“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

RecommendationsRecommendations

Placing FGM in a Child Protection FrameworkPlacing 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

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

Placing FGM in a Child Protection FrameworkPlacing 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 TogetherPutting the Pieces Together

Putting the Pieces TogetherPutting 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

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

Thank YouThank You

FORWARD Harvard Law School IAC Equality Now WHO

FORWARD Harvard Law School IAC Equality Now WHO

Special ThanksSpecial Thanks

UK Department for International Development (DFID)

UK Department for International Development (DFID)