“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.