PARLIAMENTARY CAMPAIGN "STOP VIOLENCE AGAINST WOMEN":
FEMALE GENITAL MUTILATION
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Peru, Poland, Rwanda, Sao Tomé and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland |
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
| PERU |
- Current status: Introcision is reportedly practised in Peru, in particular among the Conibos, a division of the Pano Indians in the North-East. 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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| POLAND |
- Current status: Female genital mutilation is not practiced in Poland
- Legislation: There is no specific legislation on this matter in Poland. Norms of the penal code would apply in the event FGM were practiced.
Cf. Art. 156 of the penal code (Act of 6th June 1997 – The Penal Code, Official Journal of 2nd August 1997, no. 88, item 553). Please note: this is an unofficial English translation.
“Article 156. § 1. Whoever causes grievous bodily harm in a form which:
1) deprives a human being of sight, hearing, speech or the ability to procreate, or
2) inflicts on another a serious crippling injury, an incurable or prolonged illness, an illness actually dangerous to life, a permanent mental illness, a permanent total or substantial incapacity to work in an occupation, or a permanent serious bodily disfigurement or deformation shall be subject to the penalty of the deprivation of liberty for a term of between 1 and 10 years.
§ 2. If the perpetrator acts unintentionally he shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 3. If the consequence of an act specified in § 1 is the death of a human being, the perpetrator shall be subject to the
penalty of the deprivation of liberty for a term of between 2 and 12 years.”
- Operational structure: None.
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| RWANDA |
- Current status: Female genital mutilation is reportedly not practised in Rwanda. 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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| SAO TOME AND PRINCIPE |
- Current status: Female genital mutilation is reportedly not practised in Sao Tome and Principle. 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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| SENEGAL |
| Updated on 3 March 2002 |
- Current status: Excision and circumcision are reportedly practised in Senegal. According to the World Health Organization, the prevalence rate was some 20% in 1990. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: Article 299 bis of the Penal Code (27.02.1999) states as follows:
"Anyone who damages or attempts to damage the integrity of the female genital organ by total or partial removal or one or more of its elements, by infibulation, desentisation or any other means, shall be punishable by imprisonment ranging from six months to five years.The maximum punishment shall apply when these sexual mutilations have been practised or facilitated by a member of the medical or paramedical profession.When they have caused death, the penalty of hard labour for life shall always be applied.The same penalties shall apply to any person who, through gifts, promises, influence, threat, intimidation, abuse of authority or power, caused such genital mutilations to happen or instructs others to practise them."
- Operational structure: This type of structure reportedly exists in Senegal. However, the IPU has no first-hand official information on this subject.
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| SEYCHELLES |
- Current status: Female genital mutilation is reportedly not practised in the Seychelles. 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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| SIERRA LEONE |
- Current status: Excision and circumcision are reportedly practised in Sierra Leone by all Christian and Muslim ethnic groups, with the exception of the Krios who live in the western region and in Freetown. The mutilations are performed as part of the initiation rituals of the Bundo and Sande secret societies. According to the World Health Organization, the prevalence rate was 90% in 1997. 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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| SOMALIA |
- Current status: FGM is widely practised in Somalia: the prevalence rate is reportedly 98%; according to the WHO it was 96% to 100% between 1982 and 1993. Infibulation represents 80% of the practice, while circumcision accounts for the remainder. 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.
- Other information: The policy of eradication launched in 1972 by the Government of S. Barre met with very strong resistance and the Institute for Women’s Education set up in 1984, which had included female genital mutilation in its health promotion programme, disappeared after institutions collapsed in Somalia.
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| SOUTH AFRICA |
| Updated on 19 April 2002 |
- Current status: Female genital mutilation affects girls and women of certain immigrant populations. However, the IPU has not received any statistics or other official details on this subject.
- Legislation: There exists no specific legislation on FGM. The South African Constitution guarantees to both women and children the rights found in the CEDAW (ratified by South Africa on 15 December 1995) and the Convention on the Rights of the Child (ratified by South Africa on 16 June 1995). Specifically, the Constitution guarantees everyone the right to dignity, life, freedom and security of person and heath (sections 10, 11, 12 and 27). Section 34 guarantees everyone recourse to a court and section 38 guarantees that courts have the power to order appropriate relief. In terms of South African common law, FGM would amount to assault. Also in terms of the Criminal Law and Procedure Act 51 of 1977, FGM would amount to a Schedule 1 offence, namely assault when a dangerous wound is inflicted. In both these cases, an individual would have recourse to criminal courts. In terms of South African law of delict, FGM would constitute an infringement of a person’s personal integrity. Recourse in this instance would be to a civil court under the actio injuriarum for a claim of damages.
- Operational structure: The IPU has not been informed of the existence of any specific official structure.
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| SPAIN |
- 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: Spain reportedly has 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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| SRI LANKA |
- Current status: Female genital mutilation is practiced among the Muslim population in Sri Lanka. The share of Muslims is 7.6 per cent. However, the majority of Muslims do not practice FGM. Precise details and figures are not available, as this is practiced in utmost secrecy.
- Legislation: No legislation has been enacted to curb it.
- Operational structure: not applicable.
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| SUDAN |
- Current status: According to a 1990 Sudan Demographic and Health Survey, 89% of ever-married women in the northern, eastern and western provinces had undergone either circumcision (15%) or infibulation (85%); the corresponding figure for 1979 was 96%. Female genital mutilation is not practised in the three southern provinces. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: Sudan reportedly has a law on female genital mutilation; however, Parliament has not yet forwarded the references and text of the law to the IPU.
- Operational structure: A National Committee on Traditional Practices has as its objective to eradicate harmful practices endangering the health of women and children, in particular female genital mutilation.
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| SURINAME |
- Current status: Female genital mutilation is not practiced in Suriname.
- Legislation: There are no laws or legislation that regulate such practices.
- Operational structure: not applicable.
- Other information: Suriname supports action on the international level to abandon this practice.
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| SWAZILAND |
- Current status: Female genital mutilation is reportedly not practised in Swaziland. 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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| SWEDEN |
- 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 (1982:316) Prohibiting the Genital Mutilation ("Circumcision") of Women has been amended twice (SFS 1998:407 and 1999:267):
Section 1. An operation may not be carried out on the outer female sexual organs with a view to mutilating them or bringing about some other permanent change in them ("circumcision"), regardless of whether consent has been given for the operation or not.
Section 2. Anyone committing a breach of Section 1 is to be sentenced to a term of imprisonment of not more than four years.If the offence has caused danger to life, serious illness, or has involved conduct of an unusually ruthless character in some other respect, it shall be regarded as grave. For a grave offence the sentence is a term of imprisonment of not less than two years and not more than ten years. A sentence for liability pursuant to Chapter 23 of the Penal Code is to be passed on anyone found guilty of attempting, preparing or conspiring to commit the above offence, or of failing to report it. Act (1998:407).
Section 3. Anyone who has committed an offence under the terms of this Act is to be sentenced in a Swedish court of law, even if Chapter 2 Sections 2 or 3 of the Penal Code are inapplicable.Regulations on requirements for authorisation to bring an action in certain cases are set out in Chapter 2 Section 5 of the Penal Code. Act (1999:267).
- Operational structure: The IPU has no information on this subject.
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| SWITZERLAND |
- 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: Switzerland reportedly has 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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Female genital mutilation: table of contents