Following the recent legislation that was passed in July 2020, Sudanese police have been instructed to notify the community that Female Genital Mutilation (FGM) has been outlawed and is punishable by up to three years in jail. One of the reasons for such notification is to deter people from conducting the practice in private. Moreover, the Sudanese government has also pledged to eliminate child marriages by 2030 in accordance with the United Nations (UN) Sustainable Development Goal 5.3.

These changes have been approved by the Sudan transitional government who came into power following the removal of President Omar al-Bashir in 2019.

FEMALE GENITAL MUTILATION

Female Genital Mutilation is defined as the “procedures involving partial or total removal of the female external genitalia or other injury to the female genital organs for non-medical reasons”. Whilst these procedures are not derived from any religious or cultural customs, religion and culture are often used as a means for justifying the practice.

According to the UN, 87% of women aged between 14 to 49 have been subjected to FGM in Sudan. FGM practices can cause severe harm, such as: constant pain, infections, bleeding, and problems during childbirth. In the past, Sudan has turned a blind eye to such practices, which has resulted in thousands of children being subjected to harm, despite their commitments under the Convention on the Rights of the Child (CRC). Sudan is also a signatory party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), but they are yet to ratify the convention.

While the criminalisation of FGM has been welcomed there are concerns that it will not deter people from carrying out the practice behind closed doors, and that people “might not report cases or act to stop FGM when they know it is happening”. A clear example of this is Egypt; FGM was banned in 2008 and criminalised in 2016. However, according to Egypt’s Health Issues Survey, approximately 9 out of 10 women have been subjected FGM, which clearly indicates the people’s disregard for the law.

The new legislation is a step in the right direction, but authorities need to ensure that it is properly implemented, and that efficient procedures are put in place to protect females in Sudan. An example of this would be to educate children and families about the implications of FGM, and providing access to support for women and girls in need.

CHILD MARRIAGE

Child marriage is defined as “at least one of the parties [being] under 18 years of age.” In most cases, the man is much older than the bride.

According to the United Nations International Children’s Emergency Fund (UNICEF), 12% of Sudanese women are married by the age of 15, and a further 38% by the age of 18. The most common reasons for child marriage in Sudan are: poverty, level of education, harmful traditional practices, traditional attitudes, pre-martial sex, FGM, religion, and power dynamics.   

Similarly to FGM, child marriage is a violation of the Universal Declaration of Human Rights and it specifically violates the rights of children under the CRC - to which 196 states are party to. Despite this, child marriages are still carried out today and the implementation of protecting children’s rights has been inadequate. According to UNICEF, “if efforts are not accelerated, more than 120 million girls will marry before their eighteenth birthday by 2030.”

Child pregnancy is very common in children who marry young, and it has been reported that approximately 17 million girls give birth every year. Childbirth at a young age, especially for girls who have not reached their full physical strength, can harm the health of not only the girl but the baby as well.

The moment a young girl is forced to marry she is stripped of her childhood and bound by certain responsibilities such as cooking and cleaning; and there is a possibility that they will no longer be receiving an education. 

Child marriages can have a life-long impact on the mental state of a child and may cause irreparable damage which will affect their adult life. By putting a stop to child marriages, it will give children the chance to live a proper childhood, receive a good education, and hopefully live a happy and healthy life in the future.

Both FGM and child marriages need to end in order to preserve the health and safety of all children around the world, and to meet the aims set out under the CRC. Progress in eliminating such practices has been slow because there is no form of accountability against the states to deter them from allowing them to continue. There are no sanctions being imposed on states that violate the rights of children’s, which hinders their commitment to ending FGM and child marriages and shifts their focus onto other matters. More needs to be done on an international level to encourage states to completely abolish these practices.

After having completed the Bar Professional Training Course (2018), Safia currently works as a Costs Advisor in a law firm. Her life goal is to make a positive change in the society we live in, no matter how small that change might be.

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