PARLIAMENTARY CAMPAIGN "STOP VIOLENCE AGAINST WOMEN":
FEMALE GENITAL MUTILATION
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Gabon, Gambia, Germany, Ghana, Greece, Guinea, Guinea-Bissau |
Country-specific information on the current state of national legislation dealing directly or indirectly with the issue of female genital mutulation reproduces the contents of the official communications received to date from national parliaments. Other reliable information, contained in the documents published by the United Nations and the World Health Organization, is also taken into consideration. Whenever necessary, it is specified that the IPU has not received any official information directly.
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| GABON |
- Current status: These practices are not very deeply rooted in the culture and traditions of the country.
- Legislation: Gabon takes in nationals from countries where such practices are common, and it would therefore be wise to introduce appropriate legislation.
- Operational structure: not applicable.
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| GAMBIA |
- Current status: Excision and circumcision are reportedly practised in the Gambia. Infibulation is also reportedly practised on a very small percentage of women and girls. Also special "sealing" is reportedly practised. According to the WHO, the prevalence rate for mutilation was 80% in 1985. Different prevalence rates are reported for different ethnic groups: 100% for the Mandinga and Serehule; 93% for the Fula; 65-.7% for the Jola and 1.9% for the Wollof. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: The IPU has no information on the existence of specific legislation.
- Operational structure: The IPU has no information on this subject.
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| GERMANY |
- Current status: Female genital mutilation affects girls and women of certain immigrant populations. However, the IPU has no first-hand official information on this subject.
- Legislation: The German Penal Code, August 2001, states as follows:"
Section 223-Bodily Injury: (1) Whoever physically maltreats or harms the health of another person, shall be punished with imprisonment for not more than five years or a fine. (2) An attempt shall be punishable.
Section 224-Dangerous Bodily Injury: (1) Whoever commits bodily harm 1. through the administration of poison or other substances dangerous to health; 2. by means of a weapon or other dangerous tool; 3. by means of a sneak attack; 4. jointly with another participant; or 5. by means of a treatment dangerous to life, shall be punishable with imprisonment from six months to ten years, in less serious cases with imprisonment from three months to five years. (2) An attempt shall be punishable.
Section 225-Maltreatment of Wards: (1) Whoever torments or roughly maltreats or, through a malicious neglect of his duty to care for the person, harms the health of a person under eighteen years of age or a person who is defenceless due to frailty or illness, who 1. is under his care or custody; 2. belongs to his household; 3. has been placed under his control by the person obligated to provide care, or 4. is subordinated to him within the framework of an employment or work relationship, shall be punished with imprisonment from six months to ten years. (2) An attempt shall be punishable. (3) Imprisonment for not less than one year shall be imposed if the perpetrator by the act places the ward in danger of 1. death or serious health damage; or 2. a substantial impairment of his physical or emotional imprisonment. (4) In less serious cases under subsection (2), imprisonment from three months to five years shall be imposed, in less serious cases under subsection (3), imprisonment from six months to five years.
Section 226-Serious Bodily Injury: (1) If the bodily injury has, as a result, that the injured person 1. loses his sight in one eye or in both eyes, his hearing, his speech or his procreative capacity; 2. loses or permanently can no longer use an important bodily member; 3 is permanently disfigured in a substantial way or becomes infirm, paralysed, mentally ill or disabled, then the punishment shall be imprisonment for one year to ten years. (2) If the perpetrator intentionally or knowingly causes one of the results indicated in subsection (1), then the punishment shall be imprisonment for not less than three years. (3) In less serious cases under subsection (2), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (2), imprisonment from one to ten years.
Section 227-Bodily Injury Resulting in Death: (1) If the perpetrator causes the death of the injured person through the infliction of bodily injury (Sections 223 to 226), then the punishment shall be imprisonment for not less than three years. (2) In less serious cases imprisonment from one year to ten years shall be imposed.
Section 228-Consent: Whoever commits bodily injury with the consent of the injured person only acts unlawfully if the act is, despite the consent, contrary to good moral."
- Operational structure: The IPU has no information on this subject.
- Others documents:
- Resolution of the German Bundestag, in 1998, on the proscription of genital mutilation.
- Information brochure for doctors and advisers on genital mutilation issued by the Ministry for Family, Senior Citizens, Women and the Youth.
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| GHANA |
| Updated on 2 February 2009 |
- Current status: According to the Ghana Demographic Health Services (DHS), in 2003 the prevalence rate was 5%. excision and circumcision are practised in the following regions of Ghana: the Upper East (Busanga, Frafra, Kantosi Kassena, Kusasi, Mamprushie, Moshie and Nankanne ethnic groups), the Upper West region (Dargarti, Grushie, Kantosi Lobi, Sissala, Wala and Chakali ethnic groups); the Northern Region (Basari Kotokoli, Lobi, Gonja - the latter borrowing due to inter-marriages); the Brong Ahafo (TieuDistrict/Banda, jaman North - Sampa); and the Volta Region (Nkwata, Kadjebi, Worawara and Jasikan - in Jasikan, migrants from BAsari and Kotokoli). The prevalence of FGM depends on the ethnic groups and is difficult to evaluate since data is not available for all groups. In the Bawku area (Upper East Region), prevalence is at 85% In Accra and Nsawam in the south, FGM reportedly affects girls from migrant communities from the northern part of Ghana and from neighbouring countries. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation:
- Article 26(2) of the Constitution, 1994: "All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited."
- The Criminal Code (Amendment Act), 1994 (Act 484): An Act to amend the Criminal Code, 1960 (Act 29) to include in the Code the offence of female circumcision and for connected purposes. "1. The Criminal Code, 1960 (Act 29) as amended is further amended by the insertion after section 69 of the following: 69A. (1) Whoever excises, infibulates or otherwise mutilates the whole or any part of the labia minora, labia majora and the clitoris of another person commits an offence and shall be guilty of a second degree felony and liable on conviction to imprisonment of not less than three years. (2) For the purposes of this section "excise" means to remove the prepuce, the clitoris and all or part of the labia minora; "infibulate" includes excision and the additional removal of the labia majora."
- The Criminal Code Amendment Act 1998 (Act. 554): an Act to amend the 1960 Criminal Code. It Increases age of criminal and sexual responsibility, includes specific offence of indecent assault and revises provisions regarding sexual offences. Shortcomings and gaps that hinder the law’s effectiveness have been identified and a bill has been drafted to further amend Section 769A of the Criminal Code. The bill seeks to redefine FGM and makes offenders those other people who aid and abet the crime. It is hoped that this amendment will make enforcement more effective. So far, the courts have successfully prosecuted and sentenced two practitioners aged 45 and 70 years respectively to five years’ imprisonment each.
- Awareness-building: The Women’s Department of the Ministry of Women’s and Children’s Affairs (MOWAC) has been organizing many sensitization and advocacy programme on the issue, which is also mentioned in the Department’s media advocacy programme. Enforcement of the 1998 amendment has been monitored by MOWAC and some civil society organizations such as the Ghana Association for the Welfare of Women (GAWW), and the Federation of Women Lawyers (FIDA), since it came into effect. Shortcomings and gaps that hinder the law’s effectiveness have been identified
- Operational structure: Such a structure reportedly exists in Ghana. However, the IPU has no first-hand official information on this subject.
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| GREECE |
- Current status: Female genital mutilation is not practiced in Greece.
- Legislation: There is no ad hoc legislation preventing the practice of FGM. However, should FGM be practiced, the practitioners will be punished under the provisions of the penal law on physical/corporal injuries.
- Operational structure: Not applicable.
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| GUINEA |
| Updated on 16 March 2002 |
- Current status: Excision and circumcision are reportedly practised in Guinea.. According to official estimates in 1999, 98% of women between 15 and 50 have undergone FGM. However, awareness-building campaigns conducted since 1998 have brought this percentage down to 20%, and 450 female excision practitioners have abandoned their trade. Nevertheless, the IPU has no first-hand official statistics or other details on this subject.
- Legislation:
- Article 6 of the Constitution prohibits cruel, inhuman or degrading treatment.
- Article 265 of the Penal Code (1994) prohibits female genital mutilation and provides for the death penalty in this respect; however, the Parliament has not yet forwarded the references and text of the law to the IPU.
- Operational structure: Coordination cell for traditional practices that affect women and children.
- Other information: The Government launched with WHO a 20-year programme (1996-2015) for the elimination of female genital mutilation and works together with NGOs. The programme includes films, TV shows, workshops, etc.
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| GUINEA-BISSAU |
- Current status: Excision and circumcision are reportedly practised in Guinea-Bissau. According to information available to the WHO, average prevalence could be 50% and affect 100% of Muslim women. It is reportedly 70 to 80% for the Fula and Mandigue women. In urban areas, it is estimated that 20 to 30% of girls and women have been mutilated. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: The IPU has no information on the existence of specific legislation. In 1995, a bill was reportedly rejected by Parliament. Nevertheless, the Assembly has reportedly approved a proposal calling for criminal liability for female excision practitioners in the event of death brought on by female genital mutilation.
- Other information: A nation-wide awareness-building programme was launched by the Government in January 1997 with the support of NGOs.
- Operational structure: The IPU has no information on this subject.
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Female genital mutilation: table of contents