FGM AND THE LAW IN NIGERIA
INTRODUCTION
Currently in Nigeria, 20
million women and girls have been mutilated and yet there has not been a single
conviction? This is indeed saddening to see. In this article, we will therefore
be looking at some of the reasons for this. We will also look at a general
overview of FGM in Nigeria with regards to the statistics, major causes etc
THE FGM STATISTIC IN NIGERIA
Globally, 200 million women and
girls have been mutilated. In Nigeria alone, 20 million women and girls have
been mutilated and this figure represents 10% of the global total. What this
figure means in essence is that 1 out of every 10 mutilated girl or woman in
the world is a Nigerian.
In Nigeria, the zones with the
highest FGM prevalence rate are the South West and the South East.
SOME CAUSES OF FGM IN NIGERIA
There are so many reasons why
FGM is practiced in Nigeria. It ranges from cultural reasons to its being used
to curb illicit sexual appetites of women and girls in the country. But in this
article, I will love to dwell on some of the reasons why it is practiced in Enugu
State where I come from.
In Enugu State, FGM is normally
practiced 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. It has also
been discovered that poor mothers cannot openly resist their girl children from
being mutilated because it would also mean that there is no naming ceremony.
All this has helped this practice to thrive in Enugu State.
LEGISLATIONS PROHIBITING FGM IN NIGERIA
Before the passing into law of
the Violence Against Persons Prohibition Act (VAPP) Act in Nigeria. Most lawyers,
NGOs and anti-FGM campaigners in Nigeria were relying on the Nigeria
Constitution and on the Child Rights Act (CRA) to speak against FGM in Nigeria.
But one sad thing about the two foregoing Laws is that it does not explicitly
mention FGM as a criminal offence.
N.B
It must also
be noted at this juncture, that currently 13 States in Nigeria have their own State
laws expressly prohibiting FGM. These States includes; Lagos, Osun, Ondo,
Ekiti, Bayelsa, Ogun, Delta, Ebonyi, Oyo, Imo, Edo, Cross-River and Rivers
State.
Now let’s look at some of the
provisions in the Constitution and in the CRA as it relates to FGM though not
explicitly;
1. The
Constitution: The
1999 Constitution of the Federal Republic of Nigeria (CFRN) which is the
supreme Law of the land provides in Section
34 that “no person shall be subjected to any form of torture, inhuman or
degrading treatment or punishment”. FGM falls under the foregoing
categories and thus can be punishable under this section.
2. The
Child Rights Act:
The Child Rights Act (CRA), which was passed in 2003 in Nigeria also has some
provisions that outlaws this practice. Section
11(B) of this Act provides also that “no child shall be subjected to any form of
torture, inhuman or degrading treatment or punishment”. However it must
be noted that this Act is only applicable in only 23 States plus the Federal
Capital Territory (FCT) Abuja.
One particular thing you will
note from the two foregoing provisions is that there is no mention of FGM. It
was because of this fact that most lawyers, NGOs and anti-FGM campaigners in
Nigeria rallied round and started to advocate for a Law which will specifically
mention FGM as a criminal offence.
It was as a result of this push, that in 2015 under the Goodluck
Jonathan’s administration that the VAPP Act was passed into law. This particular
Act specifically mentioned FGM as a criminal act. It also made FGM and other
forms of Gender based violence like rape, spousal battery, forceful ejection
from home, harmful widowhood practices etc punishable offences in Nigeria.
Apart from this, the VAPP Act also made provisions for the maximum protection
of victims and also for the effective remedies for victims.
Section 6 of the VAPP Act provides for a set of punishments for FGM. 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 to 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.
THE LIMITATIONS OF THE VAPP ACT
Three years after the passing
into law of the VAPP Act, it is indeed disheartening to note that there has not
been a single FGM conviction in Nigeria. The question that keeps agitating our
mind is why is this so? In answering this question, we will like to categorize
our answer into two major reasons.
1. The
applicability of the VAPP Act:
Currently, the VAPP Act is only applicable in Abuja, Anambra, Oyo and Ebonyi State.
What this literally means is that it is only applicable in 3 States out of the
36 States in Nigeria. Under our system, a Federal Law cannot apply in a
particular State unless and until it is domesticated in that particular State.
This
lack of domestication of the VAPP Act by several States in Nigeria then brings
us to a recent issue which happened in Kwara State, Nigeria. This issue made global headlines. Just last
year in Kwara State, a facebook user from Kwara State called Alhaji Adebayo
publicly advertised for a free cutting of girls in Kwara State. This case we
heard was duly reported to the police, but up till now he has not been arrested.
One major reason, why we think that he has not yet been arrested and duly
prosecuted is because of the fact that Kwara State presently has not taken
steps to domesticate this Act.
2. Little
or no awareness of this Act in Nigeria:
Another major reason limiting the effectiveness of this VAPP Act is the fact
that many Nigerians do not know about this Act. Currently in Nigeria, it is
estimated that 1 out of every 100 Nigerians know about the existence of this
Law in Nigeria. It is also estimated that only 10 out of every 200 Nigerians
really know what this Act says or means.
To
further buttress this point, we recently conducted a research in Nsukka Local
Government Area (LGA) of Enugu State which is one of the 17 Local Government
Areas in Enugu State, Nigeria.
The
purpose of this study was to determine the level of awareness among Enugu
citizens about the VAPP Act 2015. In this particular study, we adopted a descriptive
research design. Specifically 3 research questions were posed to guide the
study. A multi-staged sampling procedure using simple random sampling technique
of balloting without replacement was used. We selected a sample of 210 women
accessing various health services in the 35 public primary health facilities in
Nsukka.
The
instrument for data collection was our self-developed questionnaires. The data
collected were analyzed using figures and percentages to answer the research
questions. Below are some of the questions we asked them and some of the
answers we got from them;
Question
1: Have you ever
heard of the VAPP Act?
Yes
|
%
|
No
|
%
|
10
|
4.76
|
200
|
95.2
|
After we explained the meaning of
this Act to them we then asked them;
Question
2: Do you think
that this Law should be domesticated in Enugu State?
Yes
|
%
|
No
|
%
|
190
|
90.47
|
20
|
9.52
|
From
the foregoing, one can see that only 10 women out of the 210 women we gave out
these questionnaires to, have heard about the VAPP Act. Also 190 women out of
the 210 women, we gave out these questionnaires wanted this Act to be
domesticated in Enugu. Those that were against its domestication said that FGM
is part of their culture and also that it helps to curb promiscuity among women
and as such they are against its domestication in Enugu.
CONCLUSION
In conclusion, we would really love to state that the onus now falls
on the various State Governments in Nigeria, Donor Agencies, NGOs and also on
anti-FGM campaigners in various States in Nigeria to push for both the
domestication of this Act in their various States and to also raise public
awareness of the existence of this Act in their various States.
Also,
current advocacies by NGOs and anti-FGM campaigners against FGM in Nigeria
should now be centered more on pushing for the domestication of this Act and
also in creating more awareness of the existence of the VAPP Act in their
various States. We seriously believe, that if we are able to achieve the foregoing
it will go a long way in ending FGM in Nigeria by 2030.