FGM: a blatant gender biased attack on human rights

Photo source @UNICEF Ethiopia/2017/Mersha

Scarlet Udaan X Article 10.

This is the first of our articles in collaboration with Scarlet Udaan. Led by Sanya Sharma, a 2nd year law student at Durham University, Scarlet Udaan is an undeniably passionate advocate for the prohibition of female genital mutilation. Non-profit and student based, the dedicated team at Scarlet Udaan aim to shed light on a disappointing lack of education on FGM.

Scarlet Udaan regularly organises webinars involving guest speakers ranging from anti-FGM crusaders to survivors, alongside engaging their audience in challenges designed for reflection on the damaging existence of FGM through film and articles.

In such a social media dependent age, organisations like Scarlet Udaan operating with an online platform are advantageous for the general public. Utilising clever design tactics through symbolic reds, pinks and neutral tones reminiscent of FGM’s bodily dimension, produces creatively engaging digital posts to influence a target youth audience.

Scarlet Udaan is a breath of fresh air in the human rights blogging community. This organisation's drive in raising awareness to such an underestimated international crisis, propelled by students directly aligns with our work at Article 10, which our team greatly applauds.

How can you get involved?

• Follow their social media

Instagram: @scarletudaan

• Participate in the "Scarlet 15x Challenge"

(see their Instagram)

• Keep up to date with upcoming events such as webinars

What is "Female genital mutilation" (FGM)?

Female genital mutilation is a dehumanising bodily procedure performed on young girls, involving the complete or partial removal of external female genitalia. FGM is primarily performed on minors for:

1) Social acceptance in a male dominated society

2) Allegedly promoting fertility

3) ‘Ensuring’ women do not have sexual relations before marriage

According to WHO, an estimated 200 million women have been subjected to FGM, practice spanning across 30 countries but primarily in Kenya, Uganda, Somalia, Tanzania and Ethiopia. Shockingly, the performance of FGM generally ranges from infancy to a young girl's pre-pubescent years.

How does FGM coincide with human rights?

On an international scale, various codifications of FGM as a grave human rights violation have been made, spanning from the UN Declaration of Human Rights to FGM's eradication as part of Goal 5 under the UN Sustainable Development Goals.

In particular,The Convention on the Elimination of All Forms of Discrimination Against Women. Article 1 of the Convention in defining 'discrimination' , observes:

"any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any field."

Pursuant to this definition, FGM is clearly encompassed as a discriminatory practice of women's human rights. As an invasive and violent form of discrimination, FGM preys upon the empowerment of women, undermining their liberty and freedom to make informed consensual choices about their own bodies without external pressure based on patriarchal social constructs. Such ideals of FGM reinforce gender stereotypes that in order for a woman to remain 'clean' and pure, a dehumanising medical procedure must be undertaken.

Crucially, FGM is not only humiliating, mentally and physically debilitating for victims and families involved, the practice has severe legal implications in infringing the right to bodily autonomy, freedom from torture, health, prohibition of gender discrimination, privacy and the rights of the child.

What has been the response by Africa to eradicating FGM? Do they treat it as a human rights issue?

In 2005, Africa's adoption of The Maputo Protocol to the African Charter on Human and Peoples Rights marked a firm step towards securing a total ban on the practice through a seemingly strong legal framework.

This Protocol has since operated as a catalyst in pressuring African governments to give the continental agreement teeth in practice, resulting largely in success. In 2011, Kenya passed legislation for a complete prohibition on FGM, where territorial statistics as of May 2018 indicate 42.6% of women were subject to FGM between the ages of 10-14.

What was most significant about this decision was Kenya's particular focus on banning cross-border FGM. "Cross-border FGM" involves the deliberate transportation of women from a country where FGM has been outlawed, to one where the practice is not yet illegal.

In 2019, the Kenyan government took steps to further consolidate its decision by signing a continental pact committing to an end of cross-border FGM. Diplomatic representatives from Ethiopia, Somalia, Tanzania and human rights advocates from all territories including Uganda were in attendance. Most recently, Sudan has taken the decision to criminalise FGM as of the 1st May 2020.

How have human rights advocates contributed to the fight against FGM?

Social advocacy has been a strong player in bringing the atrocities of FGM to light.

One of the most prominent human rights advocates against FGM is Jaha Dukureh from The Gambia (Africa). Cut barely a week after birth, Jaha now acts as the founder of NGO "Safe hands for girls", an organisation committed to the cause of ending FGM and child marriages. As of 2018, Dukureh is also currently the UN Goodwill Ambassador for Africa.

"At the age of 15 was when I realised that I went through FGM and what it meant" says Jaha in her interview with UN Women (2018)

"I think I started anonymously speaking out when I was pregnant with my daughter. I knew that I don't want my daughter to ever go through that.

I also knew that there are millions of girls out there that are just like my daughter and no one was speaking for them. And if it wasn't mean, then who else?"

However, the reach of demand against FGM is not confined to being solely challenged by female advocates. In fact, recent years have witnessed a surge in men calling for a complete ban on FGM. In 2019, Tony Mwebia of Kenya formed the campaign "Men End FGM" calling on all male counterparts to recognise that FGM is not a gender exclusive issue.

"We stand to lose nothing by wooing and enlightening men on the realities of FGM." says Mr Mwebia

"Making them understand the physical, mental and economic burdens of FGM and having them as allies in our quest to end this harmful practice. Men need to value and see women as fellow human beings.

But, we stand to lose everything by ignoring them an assuming its their natural responsibility and they remain ignorant of the facts."

What is the future of FGM and protection for human rights?

Whilst complete protection against FGM is still yet to be wholly attained, the issue will require an international effort to be effectively addressed, not exclusively dealt with by the primarily affected countries detailed above.

In particular, the issue of cross border FGM will remain difficult to police, posing particular difficulties with Kenya and Tanzania who border each other. Significantly, Tanzanian national legislation has only made FGM a criminal offence when performed on young women under the age of 18.

A surge in re-education is necessary to bring about profound shifts in opinion. Traditions and customs supporting this atrocious female circumcision must be abandoned. Failure to do so, and FGM will continue to set back women hundreds of years in terms of their rights, empowerment, bodily control and will maintain their perceived lesser social position in a male dominated territory.

While the future of FGM remains uncertain, where there are men and women, governments and international organisations co-operating with a common agenda to eradicate inequality, secure freedom and uphold the rule of law, hope remains.