Ministers in five Eastern African countries are working out modalities to harmonise anti-female genital mutilation (FGM) laws to make it possible for perpetrators to be prosecuted in any jurisdiction.

The idea is being mooted by ministers and experts from Uganda, Kenya, Tanzania, Ethiopia and Somalia. The idea is based on the fact that these countries have almost similar cultures and share borders.

It is expected that by the end of the ongoing two-day inter-ministerial cross-border meeting for addressing FGM, the modalities should have been worked out. The conference is taking place at Speke Resort Munyonyo in Kampala.

Gender and culture state minister Peace Mutuuzo said on Wednesday that while each of the five countries has prohibitive legislation on the practice, the perpetrators have devised sophisticated methods to ensure its continuation and dodge prosecution.

“While each country has put laws in place to fight against the practice, there are new emerging challenges.

Perpetrators are now running to neighbouring countries to commit the crime. So, without laws on how crossborder FGM will be prosecuted, it will be difficult to completely erase it,” she said.

She added that the other emerging challenge is the medicalisation of the practise which some FGM proponents think is safer. This, too, tends to be done in countries neighbouring those where the perpetrators come from. A 2017 UNICEF report revealed Kenya as a leading destination for crossborder FGM.

“This new legal framework will put stringent penalties for the medical practitioners who are mutilating women and girls, and their medical facilities. It will ensure that wherever you (perpetrator) go, you will not run away from the law,” Mutuuzo said.

She added that the law will ensure that once arrested, perpetrators are tried in the jurisdictions of arrest, thereby removing the need for extradition.

“We are proposing to cancel the licences of medical practitioners caught aiding the practice and closure of their facilities. We are also proposing that the penalty is made a capital offence with death or life sentence for the perpetrators,” Mutuuzo said.

According to the World Health Organisation, FGM comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. The practice is mostly carried out by traditional circumcisers, who often play other central roles in communities, such as attending childbirths.

FGM statistics

Globally, it is estimated that 200 million girls and women have undergone some form of FGM in 30 countries to date.

Kenya, Uganda, Ethiopia, Tanzania and Somalia account for almost a quarter of the cases (an estimated 48.5 million). Experts believe that without concerted and accelerated actions, another 68 million girls are likely to undergo FGM by 2030 in these same countries, making FGM a burden in the region.

UNFPA deputy country representative Daniel Alemu said once the legislations are harmonised, FGM will be stamped out since the perpetrators will be scared to carry out the act in any of the countries.

“Our ability to enforce the law even for people crossing the border will be more effective and efficient. By doing so, we can deter people who are seeking to cross the border to conduct this practice,” he said.

Dr Linah Jebii Kilimo, the chief administrative secretary at the ministry of public service and gender in Kenya, said given the new emerging challenges, no country can on its own eliminate the practice.

“Governments cannot win the fight against FGM single-handedly. Collaboration, partnership and linkages among the member states and implementing partners is key,” she said.

Kilimo said Kenya, in an effort to fight FGM, has put in place crossborder: law enforcement, dialogues and anti-FGM declarations. It has also up-scaled collaboration efforts, information sharing and research with civil society organisations implementing anti-FGM interventions along the borders.

COVID-19 and FGM

Mutuuzo said the emergence of the COVID-19 pandemic and the preventive measures have erased all the gains that had been realised in the fight against FGM.

“It is unfortunate to note that FGM prevalence increased in all age groups across both in Karamoja and Sebei regions. We have witnessed FGM prevalence of nearly 68% among women aged more than 45 and 8% among girls aged 15-24,” she said.