PARLIAMENTARY CAMPAIGN "STOP VIOLENCE AGAINST WOMEN":
FEMALE GENITAL MUTILATION
| | Legislation and other national provisions: |
|
Togo, Tunisia, Tuvalu, Uganda, United Kingdom, United Republic of Tanzania, United States of America, Yemen, Zambia, Zimbabwe |
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
| TOGO |
- Current status: Excision and circumcision are reportedly practised in the region of Tchaoudjo, in the north of Togo. According to the World Health Organization, the prevalence rate nationwide was 12% in 1996. Among the Cotocoli, the Tchamba, the Mossi, the Yanga and the Peuls, the prevalence rate was reportedly between 85 to 98%; it is reportedly 22% for the Moba and 12% for the Gurma. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: Togo adopted a law on female genital mutilation in 1998; however, Parliament has not yet forwarded the references and the text of the law to the IPU.
- Operational structure: National Committee on Harmful Traditional Effects.
|
| TUNISIA |
- Current status: Female genital mutilation is reportedly not practised in Tunisia. 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: The IPU has no information on this subject.
|
| TUVALU |
- Current status: Female genital mutilation is not practiced in Tuvalu.
- Legislation: There are no laws or legislation that regulate such practices.
- Operational structure: Not applicable
|
| UGANDA |
- Current status: Excision and circumcision are reportedly practised in Uganda. According to information at the WHO’s disposal, the prevalence could be 5%. 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.
|
| UNITED KINGDOM |
Updated on 7 February 2006 |
- Current status: Female genital mutilation affects girls and women of certain immigrant populations, especially Egyptian, Eritrean, Ethiopian, Ghanaian, Nigerian, Somali, Sudanese and Yemenite girls and women. According to the British Medical Association, the most common age for a girl belonging to these populations to be mutilated is between 7 and 9 years. In the absence of reliable data, the All Party Parliamentary Group on Population, Development and Reproductive Health recommended that funds should be allocated for the collection of data and subsequent research into the incidence of FGM in the UK. In the meantime, the prevalence of FGM in the UK was estimated a few years ago at 3,00 to 4,000 new cases per year.
- Legislation: The U.K. Female Genital Mutilation Act 2003, adopted in October 2003, restates and amends the 1985 law relating to female genital. The 2003 act states as follows:
- Offence of female genital mutilation
(1) A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl's labia majora, labia minora or clitoris.
(2) But no offence is committed by an approved person who performs-
(a) a surgical operation on a girl which is necessary for her physical or mental health, or
(b) a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.
(3) The following are approved persons-
(a) in relation to an operation falling within subsection (2)(a), a registered medical practitioner,
(b) in relation to an operation falling within subsection (2)(b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.
(4) There is also no offence committed by a person who-
(a) performs a surgical operation falling within subsection (2)(a) or (b) outside the United Kingdom, and
(b) in relation to such an operation exercises functions corresponding to those of an approved person.
(5) For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.
- Offence of assisting a girl to mutilate her own genitalia
A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.
- Offence of assisting a non-UK person to mutilate overseas a girl's genitalia
(1) A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or permanent United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom.
(2) An act is a relevant act of female genital mutilation if-
(a) it is done in relation to a United Kingdom national or permanent United Kingdom resident, and
(b) it would, if done by such a person, constitute an offence under section 1.
(3) But no offence is committed if the relevant act of female genital mutilation-
(a) is a surgical operation falling within section 1(2)(a) or (b), and
(b) is performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.
- Extension of sections 1 to 3 to extra-territorial acts
(1) Sections 1 to 3 extend to any act done outside the United Kingdom by a United Kingdom national or permanent United Kingdom resident.
(2) If an offence under this Act is committed outside the United Kingdom-
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in England and Wales or Northern Ireland.
- Penalties for offences
A person guilty of an offence under this Act is liable-
(a) on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both),
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).
- Definitions
(1) Girl includes woman.
(2) A United Kingdom national is an individual who is-
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
(c) a British protected person within the meaning of that Act.
(3) A permanent United Kingdom resident is an individual who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 (c. 77)).
(4) This section has effect for the purposes of this Act.
- Consequential provision
(1) The Prohibition of Female Circumcision Act 1985 (c. 38) ceases to have effect.
(2) In paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (c. 67) (offences against the person in respect of which a member of a visiting force may in certain circumstances not be tried by a United Kingdom court), for paragraph (xi) there is substituted-
"(xi) the Female Genital Mutilation Act 2003;".
- Short title, commencement, extent and general saving
(1) This Act may be cited as the Female Genital Mutilation Act 2003.
(2) This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(3) An order under subsection (2) may include transitional or saving provisions.
(4) This Act does not extend to Scotland.
(5) Nothing in this Act affects any criminal liability arising apart from this Act.
- Operational structure: No official specific structure appears to exist. However the IPU has no official information on this subject.
- Other information: In January 1996, the British Medical Association approved guidelines on FGM for medical practitioners, which it revised in 2001. The Department of Health, in conjunction with the Home Office and the Department of Education and Employment issued guidance entitled Working together under the Children Act 1989 to local authorities, health authorities, the police, probation service, educational establishments, all doctors and a wide range of voluntary organisations working in the child care field. This contained specific information on the Children’s Act relevant to dealing with FGM.
|
| UNITED REPUBLIC OF TANZANIA |
- Current status: According to the World Health Organization, prevalence was 18% in 1996. A 1999 report on female genital mutilation in the Mara region by the Tanzanian Media Women’s Association estimated that 25 girls out of the 6,000 who undergo the operation every year die as a result. Excision and circumcision are reported in the Arusha, Dodoma, Iringa, Kilimanjaro, Mara, Ngorogoro and Singida regions. In some groups, such as the Shaga of Mount Kilimanjaro, prevalence is high, according to WHO, and infibulation is performed by Somali settlers and refugees. However, the IPU has no first-hand statistics or other details on this subject.
- Legislation: A law on female genital mutilation in the United Republic of Tanzania was reportedly adopted in 1998. 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.
|
| UNITED STATES OF AMERICA |
Updated on 16 March 2002 |
- Current status: Female genital mutilation affects the girls and women of certain immigrant population, notably from the following countries: Egypt, Ethiopia, Ghana, Kenya, Liberia, Nigeria, Uganda, United Republic of Tanzania, Sierra Leone, Somalia and Sudan. However, the IPU has no first-hand official statistics or other details on this subject.
- Legislation: Legislation: Bill S.1030 (the "Federal Prohibition of Female Genital Mutilation Act of 1995") provides for the following:
"(...) Sec.2. Title 18 amendment. (a) in general: Chapter 7 of title 18, United States Code, is amended by adding at the end of the following new section:
116. Female genital mutilation: (a) except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both. (b) a surgical operation is not a violation of this section if the operation is: (1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioners; or (2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner of midwife.
(c) in applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that or any other person that the operation is required as a matter of custom or ritual. (d) whoever knowingly denies to any person medical care or services or otherwise discriminates against any person in the provision of medical care or services, because: (1) that person has undergone female circumcision, excision, or infibulation; or (2) that person has requested that female circumcision, excision, or infibulation be performed on any person; shall be fined under this title or imprisoned not more than one year, or both."
- Operational structure: The above-mentioned law provides also that The Secretary of Health and Human services shall carry out the following activities:
"(1) compile data on the number of females living in the united states who have been subjected to female genital mutilation (whether in the united states or in their countries of origin), including a specification of the number of girls under the age o f 18 who have been subjected to such mutilation.
(2) identify communities in the united states that practice female genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical and psychological effects of such practice. Such outreach activities shall be designed and implemented in collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice.
(3) develop recommendations for the education of students of schools of medicine and osteopathic medicine regarding female genital mutilation and complications arising from such mutilation. Such recommendations shall be disseminated to such schools."
|
| YEMEN |
- Current status: According to the Parliament, such practices do not exist in Yemen. According to the World Health Organization, however, the prevalence rate was 23% in 1997.
- Legislation: Yemen does not have any laws concerning this matter. Parliament has, however, expressed support for any action taken by IPU members to prevent such unhealthy practices.
- Operational structure: The IPU has no information on this subject.
|
| ZAMBIA |
- Current status: Female genital mutilation is reportedly not practised in Zambia. 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.
|
| ZIMBABWE |
- Current status: Female genital mutilation is reportedly not practised in Zimbabwe. 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.
|
|
Female genital mutilation: table of contents