PARLIAMENTARY CAMPAIGN "STOP VIOLENCE AGAINST WOMEN":
FEMALE GENITAL MUTILATION
| | Legislation and other national provisions: |
| Namibia, Netherlands, New Zealand, Niger, Nigeria, Norway |
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.
 Click here for information about other countries
| NAMIBIA |
- Current status: Female genital mutilation is reportedly not practised in Namibia. However, the IPU has no first-hand official information on this subject.
- Legislation: The IPU has no information on the existence of specific legislation.
- Operational structure: not applicable.
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| NETHERLANDS |
- Current status: Female genital mutilation affects girls and women of certain immigrant populations. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: The Netherlands reportedly have a law on female genital mutilation; however, Parliament has not yet forwarded the references and text of the law to the IPU.
- Operational structure: The IPU has no information on this subject.
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| NEW ZEALAND | | Updated on 27 May 2002 |
| updated the 24 July 2006 |
- Current status: Female genital mutilation affects girls and women of certain immigrant populations. However, the IPU has no first-hand statistics or other details on this subject.
- Legislation:
I. Public Act - in force - 25 February 2002/C/Crimes Act 1961, 204A Female genital mutilation:
(1) For the purposes of this section: Female genital mutilation means the excision, infibulation, or mutilation of the whole or part of the labia majora, labia minora, or clitoris of any person. Registered midwife means a person who is registered as a midwife under the Nurses Act 1977. Sexual reassignment procedure means any surgical procedure that is performed for the purposes of altering (whether wholly or partly) the genital appearance of a person to the genital appearance of a person of the opposite sex. Trainee health professional means any person who is receiving training or gaining experience under the supervision of (a) A medical practitioner for the purpose of gaining registration as a medical practitioner; or (b) A registered midwife for the purpose of gaining registration as a registered midwife.
(2) Subject to subsection (3) of this section, every one is liable to imprisonment for a term not exceeding 7 years who performs, or causes to be performed, on any other person, any act involving female genital mutilation.
(3) Nothing in subsection (2) of this section applies in respect of (a) Any medical or surgical procedure (including a sexual reassignment procedure) that is performed on any person (i) For the benefit of that person's physical or mental health; and (ii) By a medical practitioner; (b) Any medical or surgical procedure that is performed on any person (i) While that person is in labor or immediately after that person gives birth; and (ii) For the benefit of that person's health or the health of the child; and (iii) By a medical practitioner or a registered midwife or a trainee health professional, or by any other person in any case where the case is urgent and no medical practitioner or registered midwife or trainee health professional is available.
(4) In determining, for the purposes of subsection (3) of this section, whether or not any medical or surgical procedure is performed on any person for the benefit of that person's physical or mental health, no account shall be taken of the effect on that person of any belief on the part of that person or any other person that the procedure is necessary or desirable as, or as part of, a cultural, religious, or other custom or practice.
(5) Nothing in subsection (3) of this section limits or affects any enactment or rule of law relating to consent to any medical or surgical procedure or treatment.
(6) It is no defence to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given.
(7) No person shall be charged as a party to an offence committed upon her against this section
.[Notes: Re compensation for resulting mental injury, see 1998 N° 114, s40 and 2001 N° 49, s21(2). For the application of this section to summary trials of indictable offences under the Summary Proceedings Act 1957, see N° 87, s3(2)(d)]
II. Public Act - in force - 25 February 2002/C/Crimes Act 1961, 204B Further offences relating to female genital mutilation
(1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent that there be done, outside New Zealand, to or in relation to any child under the age of 17 years (being a child who is a New Zealand citizen or is ordinarily resident in New Zealand), any act which, if done in New Zealand, would be an offence against section 204A of this Act, (a) Causes that child to be sent or taken out of New Zealand; or (b) Makes any arrangements for the purposes of causing that child to be sent or taken out of New Zealand.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, in New Zealand, aids, incites, counsels, or procures the doing, outside New Zealand, in relation to any person who is a New Zealand citizen or is ordinarily resident in New Zealand, of any act which, if done in New Zealand, would be an offence against section 204A of this Act, whether or not the act is in fact done.
(3) Every one is liable to imprisonment for a term not exceeding 7 years who, in New Zealand, incites, counsels, procures, or induces any person who is a New Zealand citizen or is ordinarily resident in New Zealand (a) To submit, outside New Zealand, to any act which, if done in New Zealand, would be an offence against section 204A of this Act; or (b) To acquiesce in the doing, outside New Zealand, on that person, of any such act; or (c) To permit any such act to be done, outside New Zealand, on that person, whether or not, in any case, the act is in fact done.
(4) It is no defence to a charge under subsection (2) or subsection (3) of this section that the person on whom the act was done consented to that act, or that the person charged believed that such consent had been given.
(5) No person shall be charged as a party to an offence committed in relation to her against subsection (2) or subsection (3) of this section.
[Notes: Re compensation for resulting mental injury, see 1998 N° 114, s40 and 2001 N° 49, s21(2). For the application of this section to summary trials of indictable offences under the Summary Proceedings Act 1957, see 1957 N° 87, s3(2)(d)]
- Other documents: Letter from the Public Health Commission distributed in December 1995 to Ministry of Health professional in New Zealand on female genital mutilation; Refugee Health Care: A handbook for health professionals, Ministry of Health publication including a section on female genital mutilation, published in November 2001; printed and video resources produced for community education and for health care professionals by the Refugee Health Service.
- Operational structure: The IPU has no information on this subject.
- Supplementary information: New Zealand has actively supported international efforts to eliminate traditional practices such as female genital mutilation which affect the health of women and girls. This includes New Zealand’s stance co-sponsoring the biennial resolution on "Traditional or customary practices affecting the health of women and girls" in the Third Committee of the UN General Assembly as well as the resolution on the "Elimination of violence against women" at the Commission on Human Rights. (...) In addition, New Zealand has ratified the CEDAW and its Optional Protocol as well as the UN Convention on the Rights of the Child which seeks to protect and promote the rights of women and children.
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| NIGER |
| Updated on 21 November 2006 |
- Current status: According to the World Health Organization, the prevalence rate was 5% in 1998. Excision and circumcision are common throughout the departments of Tollabery (Say, Ayerou, Torodi, Kollo), Marady and Diffa and in the urban community of Niamey along the neighbourhoods and other villages bordering on the Niger River, such as Lamordé, Saga and Kirkisoye. The Peul and the Zarma ethnic groups feature the highest proportion of excised women: 30% and 9%, respectively. In the other ethnic groups, the corresponding figures are less than 2%. Infibulation is very rare, and appears to affect only 3% of all excised women. FGM is practised on infants and girls.
- Legislation: The Constitution recognises the sacred nature of the human person and obliges the State to respect and protect it. It also recognises that each has the right to life, health, liberty, safety and physical and mental integrity.
The Penal Code does not contain specific provisions which consider excision to be a violation or a sentence punishing it, but jurists unanimously equate it with the intentional assault described in and punishable by Article 222 of the Penal Code, which provides as follows:
"Any individual who deliberately wounds or strikes, or commits any other form of violence or assault, shall be punishable by three months to 2 years' imprisonment and/or a fine of CFA francs 100,000. If the above-mentioned facts involve premeditation with regard to mutilation, amputation or loss of the use of a limb, blindness, loss of an eye or other permanent disabilities, the sentence shall be one to eight years' imprisonment. If the blows or wounds inflicted intentionally result in death without intent, the guilty party shall be punishable by ten to twenty years' imprisonment. If the facts mentioned in the previous paragraph involve premeditation, ambush or use of a weapon, the sentence shall be fifteen to thirty years' imprisonment."
Article 223 stipulates that "in addition to firearms, any sharp, cutting or blunt objects or instruments shall be considered as weapons as defined by this section".
In 1999, the Ministry of Social Development, Population, Advancement of Women and Protection of Children prepared a bill on female genital mutilation, which has not yet been debated and adopted by Parliament.
Law 2003-25 of 13 June 2003 adds a new Section III to the Penal Code as follows:
"SECTION III BIS - Female genital mutilation:
Art. 232-1 - Female genital mutilation shall be understood to mean any procedure involving the total or partial removal of the female genitalia or other injury to one or more parts of the female genital organs through excision, infibulation, anaesthetization or any other method.
Art. 232.2 - Any person having committed or attempted to commit female genital mutilation shall be sentenced to a prison term of between six months and three years and shall be liable to a fine of between 20,000 and 200,000 francs.
If the female genital mutilation carried out voluntarily and without the intention of causing death has nevertheless resulted in death, the guilty person shall be sentenced to a prison term of between 10 and 20 years.
Any accomplice will be subject to the same punishment as the principal perpetrator.
Art. 232.3 - The maximum penalty of the penalties provided for under the previous Article shall be applied if the perpetrator belongs to the medical or paramedical professional; a ban on practising medicine may be ordered for a term not exceeding five years."
- Operational structure: Creation, within the Ministry of Social Development, Population, Advancement of Women and Protection of Children, of a coordinating unit for action to combat female genital mutilation. This unit is responsible, inter alia, for spearheading and coordinating campaigns to combat FGM in relation with all parties involved: technical departments, development partners, NGOs, association.
The Association of Women Jurists of Niger (NGO) has conducted awareness-building campaigns, notably in rural areas.
- Other information: The Ministry of Social Development, Population, Advancement of Women and Protection of children is preparing a guide on traditional practices. It runs regional campaigns to increase awareness among opinion leaders (political authorities, neighbourhood chiefs, religious leaders, midwives, women relays and barbers) of the harmful consequences of excision. Awareness-building campaigns targeting the young (campaigns in schools), future parents and leaders, provide information on excision-related complications and the possible link between excision and AIDS. Credits are available for the retraining of female excision practitioners. Niger participates in regional and international meetings on the issue.
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| NIGERIA |
- Current status: According to the World Health Organization, some 6,000 girls and young women are subjected every day to excision, circumcision, infibulation or even introcision, mainly among the Hausa, the Ibo and the Yoruba. The prevalence rate could be of 50% or more. The practice is said to be declining in large urban centres. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: The House of Representatives has already passed the bill on the issue of "Violence Against Women: Female Genital Mutilation". The Bill has now been referred to the Senate for its concurrence. (15 Nov. 2001).
- Operational structure: Nigeria National IAC Committee.
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| NORWAY |
- Current status: Female genital mutilation affects girls and women of certain immigrant populations. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: Act N° 74 of 15 December 1995 prohibits female genital mutilation. As per the law, any person violating the prohibition may be punished by fines or imprisonment of up to 3, 6 or 8 years, depending on how severe the consequences of the procedure are. The girl or woman herself cannot be penalized. Female genital mutilation was also a criminal offence earlier, under the provisions of the General Civil Penal Code, the Act relating to Medical Practitioners and the Children’s Act. The intention of the new Act was partly to settle certain disputed issues and partly to make the Norwegian government’s position on female genital mutilation even clearer. The Act penalises anyone who intentionally "amages" or "permanently changes" a woman’s genital organs (...). If the procedure has resulted in "illness or occupational disability lasting more than two weeks" or "an incurable defect, fault or injury" the penalty is a term of imprisonment of up to six years (...). If the procedure results in "death or substantial injury to the woman’s body or health", a term of imprisonment of up to eight years may be imposed (...). Consent does not exempt somebody from punishment. A person who aids or abets another in the practice of female genital mutilation may be penalized in the same way as the person who actually carries out the procedure (...). The Act applies in Norway and abroad. This means that any person who has carried out or was aided in the carrying out of the procedure and who is a Norwegian national or is resident in Norway is not exempt from punishment even if the procedure itself is carried out outside the country’s boundaries. The full text of the law has yet not been forwarded to the IPU.
- National plan of action: In October 2000, the Norwegian Parliament decided to ask the Government to formulate a Plan of Action to combat female genital mutilation. This Plan should include the following aspects: (i) Drawing attention to and achieving better cooperation with organisations and individuals working to combat genital mutilation of girls within the relevant communities in Norway. (ii) Information of the fact that female genital mutilation is prohibited by law in Norway; (iii) Preventive measures, such as in the health service and in schools; (iv) Strengthening the international cooperation on these issues. The Ministry of Children and Family Affairs has followed up this decision and issues the "Governmental Action Plan Against Female Genital Mutilation".
- Operational structure: The Ministry of Children and Family Affairs has appointed a National Resource Group and a Project Co-ordinator that will be responsible for developing various activities, monitoring the projects and developing relevant documentation.
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Female genital mutilation: table of contents