A UN body has adopted a resolution to eliminate female genital mutilation with keen focus on taming cross-border practice and transnational protection.
The UN Human Rights Council’s (HRC’s) resolution urges states to adopt and enforce regional and national legislation and policies prohibiting female genital mutilation (FGM) in accordance with their obligations under applicable international human rights law.
It recognises that despite increased efforts at national, regional, and international levels, FGM persists across the world.
Equality Now, which announced the adoption in a press statement, said resolutions adopted by international bodies like the HRC or the UN General Assembly draw the attention of governments to important human rights issues, and can drive legislative and policy change at the national level.
Legal foundation
“Crucially, anti-FGM laws must incorporate specific provisions that allow for the possibility to prosecute national citizens and residents for facilitating cross-border FGM, including the act of taking a woman or girl to another country to have the cut performed on her,” reads the statement by Equality Now, an international human rights organisation that protects and promotes the rights of women and girls around the world.
It termed the adoption a significant point as many countries with anti-FGM laws often do not have specific clauses on cross-border FGM. For instance, presently, Guinea Bissau, Kenya, and Uganda are the only countries in Africa that criminalise and punish cross-border FGM.
The resolution, however, had a disappointing backslide as it differed from previous HRC resolutions with respect to the deletion of previously agreed language on sexual and reproductive health and rights, and the need for a gender-responsive approach to preventing and eliminating FGM.
Several states, including Mexico, the UK, US and Luxembourg, criticised the deletion of this language from the resolution and some even withdrew co-sponsorship.
In November last year, five countries in eastern Africa and parts of sub-Saharan Africa launched the regional action plan to end cross-border FGM.
Kenya, Uganda, Tanzania, Ethiopia and Somalia aim to use the action plan to eradicate cross-border FGM, which has been one of the biggest challenges in the war on the vice. The regional action plan was launched by gender ministers during a high-level inter-ministerial meeting, which was also used to launch the study on FGM among the cross-border communities.
The countries will develop a comprehensive programme of action aimed at strengthening the urgent work of implementing regional human rights instruments that call for the total elimination of FGM. The plan also constitutes a framework at the regional level for state and non-state actors to enhance prevention, protection, and prosecution programmes.
Evading prosecution
The leaders noted that cross-border FGM has been trending in practising communities as some members seek to avoid prosecution, hence the need for a regional action plan.
According to the data by Equality Now, 92 countries have available evidence of women and girls living with FGM or are at risk of undergoing the cut.
Also read: Inside the Kenya-TZ cross border FGM
Laws are most common in Africa, with 55 per cent of total laws globally coming from the 28 countries on the continent. Besides Africa, 41 per cent of anti-FGM laws are of countries where the cut is commonly practised by diaspora communities, with 16 European countries, the US, Canada, Australia, and New Zealand all having specific laws or legal provisions against the vice.
In contrast, in the Middle East, only Iraq and Oman have specific laws or legal provisions banning FGM. In Asia, no single country has enacted a specific legal prohibition. There are also no specific laws or legal provisions in Latin America.
According to the United Nations Population Fund (UNFPA), at least 200 million girls and women alive today have undergone FGM in 30 countries, including Ethiopia, Kenya, Somalia, Tanzania and Uganda.
The UN agency, in its 2019 report titled Beyond the Crossing: FGM Across Borders, observed that borders accelerate FGM as in some areas, where communities from both sides practise the cut.
The report suggested a series of recommendations to address cross-border FGM, which requires bringing together regional solutions and inter-country programmes. BY DAILY NATION