On 9 July 2020 Sudan ratified a law banning the widespread use of female genital mutilation (FGM), signifying a victory for the country’s women’s rights movement. According to a 2014 United Nations survey 86% of women in Sudan have undergone the procedure, holding one of the highest rates of prevalence in the world. Although the law has been welcomed by the Sudanese and international communities, one of a series of amendments focused on improving the lives of Sudanese women under the transitional government, it is unclear whether the legislation will be sufficient in curbing the alarming rates of practice.
FGM involves the partial or total removal of external female genitalia, with the main purpose of curbing female sexual desire. It is often associated with cultural ideals of femininity and modesty, with some regions using FGM to increase marriageability of girls and women. The procedure is typically undertaken in girls between the ages of one and 15, with UNICEF estimating that at least 200 million females around the world have been subjected to the practice. The World Health Organisation maintains the practice holds no health benefits and can result in significant long-term physical and psychological issues.
This new legislation means that those who carry out the act in Sudan will face a maximum penalty of three years imprisonment. However, it is sceptical as to whether the deeply entrenched practice can realistically be removed from Sudan’s future, and some question the willingness of authorities to enforce it.
IS CRIMINALISATION ENOUGH?
Although FGM has been internationally recognised as a violation of the human rights of girls and women, the procedure continues to be performed all over the world. Many of those countries that have enacted domestic legislation criminalising FGM continue to witness the practice being performed, with few successful prosecutions internationally.
In 2008 the practice of FGM was banned in neighbouring Egypt, and subsequently criminalised in 2016. However in 2016 a government survey found that nearly 9 out of 10 women in Egypt had undergone the procedure. Similarly in Kenya FGM still affects 21% of women, despite being outlawed in 2011. Since its criminalisation the region has witnessed an increase of ‘cross border’ FGM, with girls and women frequently being taken to neighbouring countries to undergo the procedure in order to avoid prosecution.
In some areas the criminalisation of FGM has led to ‘underground’ procedures being undertaken, involving less experienced practitioners and compromising surgical environments, ultimately leading to more severe medical consequences for the girls involved.
Equality Now has found that in the 59 or more countries that have passed laws against FGM, girls and women in regional areas remain particularly vulnerable to the practice being undertaken. Aside from ‘cross border’ FGM, it is a lack of knowledge and awareness training within local communities that has led to the practice continuing in these areas. Rights groups in Sudan are calling for awareness campaigns and police training to be launched to ensure the effectiveness of the legislation. It is clear that for the ban to be effective the community must address the social expectations of women that underpin these practices, ultimately leading to overall reform of the rights of women in these societies.
Alysha is an Australian criminal defence lawyer, advocating on behalf of disadvantaged adults and children in accessing justice. She is undertaking a Masters of Public and International Law at the University of Melbourne, with interests in refugee law, criminal justice and children in international law.