“FGM Victims Can Press For Charges Against Their Circumcisers.” – BARRISTER SOMTO UGWU
Unquestionably, FGM
is a Human Rights Violation as it violates a number of human rights of women
and girls. It is the removal of healthy sexual organs without medical necessity
and is usually performed on adolescents and girls, often with harmful physical
and psychological consequences.
FGM violates the
rights to non-discrimination, health, and bodily integrity.
Additionally, FGM
sometimes threatens the lives of girls and women, thereby violating their human
rights to life, liberty, and security of the person.
As such, many
governments in Africa and elsewhere have taken steps to eliminate the practice
of FGM in their countries – these steps include Laws criminalizing FGM,
education and outreach programmes, and the use of civil remedies and
administrative regulations to prevent the practice.
However, even in
those countries where anti-FGM Laws do exist, there have been very few
instances of adjudicated cases (and punishment of the excisors). Enforcement of
laws regarding FGM is extremely slack in most countries or even non-existent.
Furthermore, the cultural norms in these countries or regions often render
women unwilling to step forward and discuss FGM (let alone seek protection or
compensation under the law).
In clear-cut
terms, the anti-FGM looks like a “toothless
bulldog” – however, to counter or to support this vulnerability of the Law,
@stampoutgbv had an exclusive interview with Barrister Somtochukwu Nnamdi Ugwu@somto_ugwu
the Administrative Officer of Society for the Improvement of Rural People
(SIRP).
SIRP aims to
support vulnerable people in rural areas of Nigeria, through poverty
alleviation and rights advocacy. SIRP was set up in response to the urgent need
for philanthropic support to address the various issues confronting vulnerable
persons i.e. (women, children, disabled persons and youth) especially in rural
areas of the country.
Barrister Ugwu
spoke on the Law prohibiting FGM and its challenges. Excerpts.
Barrister Somto Ugwu |
@stampoutgbv: What does the Law says about FGM?
@somto_ugwu: Currently in
Nigeria, We have the Violence against Persons Prohibition Act (VAPP). This is
the only Act that prescribes punishment for the offence of FGM. Section 6
(1)-(4) of the Act provides for a set of punishments for this offence. Some of
these punishments include:
i.
Anybody who performs or engages
another to perform FGM on any person is liable to a term of imprisonment not
exceeding 4 years or to a fine not exceeding N200, 000 or both.
ii.
Anybody who attempts, aids,
abets, or incites another to carry out FGM is liable to a term not exceeding 2
years imprisonment or to a fine not exceeding N100, 000 or to both.
Also, it must be
stated that 8 States in Nigeria, currently have laws prohibiting FGM and these
States include; Lagos, Osun, Ondo, Ekiti, Bayelsa, Edo, Cross-River and Rivers
State.
@stampoutgbv: Like in sexual abuse cases that some victims
much later in life press charges against offenders, can an aggrieved victim of
FGM do same and press charges against her circumciser?
@somto_ugwu: Of course an
aggrieved victim can go ahead to press charges against his/her circumciser.
Such an aggrieved victim has every right to do so under the VAPP Act.
@stampoutgbv: Supposing in a home, a couple doesn’t
want FGM to be done on his/her child but the partner wants it, can the couple approach
the Law to stop the other one from carrying out the FGM on their child?
@somto_ugwu: Although, it
must be stated that cases like this are indeed rare to find in Nigeria, but
that doesn’t still mean that a man/woman married can’t stop the other partner
from engaging in FGM by reporting such a case to the police.
@stampoutgbv: If in a home the parents are core
pro-FGM, can an informed child approach the Law to stop his/her parents/FGM in
their home?
@somto_ugwu: Oh yes, a
child can stop his parents from engaging in FGM in their home through the law
court, but since he is a minor and as such has no locus standi in law, he has
to do so through a representative or a guardian ad litem. This person is
usually a close relative or the parents.
@stampoutgbv: Can Anti-FGM Activists take legal action
against circumcisers in order to put an end to the practise?
@somto_ugwu: No. An
anti/FGM campaigner can’t sue a circumciser, instead our role is to report FGM
cases to the police. It is now their responsibility to investigate such a case
and if the evidence of such a case supports the fact, then they will transmit
such a case to the State prosecutor who then prosecutes the case.
@stampoutgbv: If FGM is really a violation of human
rights, why do people still practise it? Or, is it that the Customary Law
supersedes the Constitutional Law of the land?
@somto_ugwu: There are
many reasons why FGM still thrives in Nigeria. But I will like to dwell on the
reasons why it still thrives in my home State Enugu. The answer to this
question is this. FGM is normally done in Enugu State due to the patriarchal
system which is obtainable in most communities in the State, which ensures male
dominance over women. It is seen as a way in which the male folks subject and
impose themselves on women.
Another reason
is that FGM is also often considered a religious/cultural obligation e.g. rite
of passage into adulthood, Female Genital Cutting as part of Naming ceremony
etc.
In most
communities in Enugu State, FGM is usually carried out on the eight day after
birth, to coincide with the child’s naming ceremony, which is a festive event
with gifts and refreshments. The naming and cutting are linked. We have also
found out that poor mothers could not openly resist their girls undergoing FGM
because it would also mean that there is no naming ceremony. All this has
helped this practice to thrive in Enugu State.
Barrister Ugwu with a girl called Chisom whom SIRP @sirp_nigeria saved from FGM in Nigeria |
@stampoutgbv: Does the Law have any ‘exclusive
protection’ for Anti-FGM Activists on their line of duties?
@somto_ugwu: The VAPP Act
does not exclusively or specifically provide protection for anti-FGM
activists/campaigners, but it provides such protection for the victims instead.
See the following sections of the VAPP Act for this; Sections 38 (1) (e), (3),
(4), and Section 39.
@stampoutgbv: In May 2015,
former President Goodluck Jonathan signed a Federal Law banning FGM but how has
this Law been effective since it 20 million girls and women have been cut and
it is projected that 20 million more would be cut by 2020?
@somto_ugwu: One major
drawback of the VAPP Act is its applicability. Currently, the VAPP Act is only
applicable in the F.C.T and also in Anambra State. All the other States in
Nigeria have not yet ratified or domesticated this Act.
@stampoutgbv: Can you recall any cases of a circumciser
that has been arrested and sentenced as a deterrent to others?
@somto_ugwu: None so far.
@stampoutgbv: What is the greatest obstacle to the Law
against FGM?
@somto_ugwu: Applicability
is a major issue/problem with the Act.
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