Nafissa, 17 from Niger, was married at 16. Three months after marrying she became pregnant. She gave birth to a still born baby. Credit: UNICEF/Marieke van der Velden
 
The UN commemorates International Day of the Girl Child on October 11 -- an annual and internationally recognized observance that empowers girls and amplifies their voices.

By Divya Srinivasan
GENEVA, Switzerland, Oct 10 2023 (IPS)

Almost one third (32%) of women aged 20 to 24 in Eastern and Southern Africa – around 50 million – were married before 18 years old. To address this pervasive problem, the Southern African Development Community (SADC) Parliamentary Forum has adopted the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage, a legal framework providing a comprehensive, integrated approach to ending child marriage and protecting children already married.

New research reveals that while some SADC countries have taken commendable action to strengthen legal protections in this area, other Member States have made little or no progress.

These findings feature in new policy briefs produced by Equality Now in partnership with the United Nations Population Fund (UNFPA) and the Southern African Development Community Parliamentary Forum (SADC PF). Ending Child Marriage In Southern Africa: Gaps And Opportunities In The Legislative Frameworks and Domesticating The SADC Model Law On Child Marriage analyzes laws across the 16 SADC countries and identifies positive legal advances, best practices, and challenges.

A third brief, Ending Child Marriage in Eastern and Southern Africa: Challenges in Implementing Domestic Laws and the SADC Model Law on Child Marriage, examines the implementation of domestic and regional laws on child marriage, focusing on Malawi, Uganda, and Zambia as case studies.

While the SADC Model Law is having a positive impact, its success depends on effective implementation and enforcement by states. To assist governments, the briefs also provide recommendations on strengthening elimination efforts through good application of child marriage laws and policies.

SADC Model Law

Child marriage severely harms girls and exposes them to various human rights violations. It impedes their right to education, as marriage often entails being forced to drop out of school to assume adult responsibilities. This lack of education perpetuates a cycle of poverty, limiting girls’ opportunities for personal development and financial independence.

Early marriages increase the likelihood of early pregnancies, posing significant health risks to girls whose bodies aren’t mature. This can result in complications during pregnancy and childbirth and is associated with higher maternal and infant mortality.

Moreover, child brides are often subjected to domestic violence and marital abuse as they lack the power to assert their rights, and alternative safe spaces are rarely available.

The SADC Model Law defines a child as any person below the age of 18 and recognizes that child marriage violates children’s rights, including the right to education, health, and protection from harm. It calls for prohibiting child marriage, creating prevention and response mechanisms, and promoting birth registration. Other components include supporting child brides and their families and ensuring access to education and healthcare.

The Model Law sets 18 as the minimum age for marriage for both boys and girls without exception and is applicable to all types of marriages – whether under statutory, religious or customary law — with marriages involving a child declared null and void.

To address the complex root causes contributing to child marriage, the Law promotes a comprehensive, multi-sectoral approach based on coordination and collaboration between legal, education, healthcare, and social services sectors.

Inconsistencies and weak implementation of laws

It is important to recognize that some progress in reducing child marriage has been achieved in Eastern and Southern Africa. However, progress is too slow as the prevalence rate has only reduced from 39% to 32% over the past 25 years, while other regions have made much faster progress.

At the current trajectory, it is estimated that child marriage in the region won’t end until 2240.

Concerningly, most progress in Sub-Saharan Africa has occurred amongst the wealthiest families, while in poorer communities, there has been a rise in child marriage. This perpetuates an unacceptable and deeply entrenched divide along socio-economic lines and demonstrates how governments need to focus more on prioritizing elimination of child marriage.

Problems include a lack of adequate resourcing to programs addressing child marriage and a general lack of effective implementation of laws and policies, which feeds into low prioritization of decision-making and lack of action on child marriage.

Out of the 16 countries in Southern Africa, only six countries – DRC, Malawi, Mauritius, Mozambique, Seychelles, and Zimbabwe – set 18 as the minimum age of marriage for both boys and girls, with no exceptions.

Five countries – Angola, Botswana, Comoros, Madagascar, and Namibia – set the minimum age as 18, but allow exceptions for customary and religious marriages and for marriage with consent from judicial or other government officials.

Statutory law in the remaining five countries – Eswatini, Lesotho, South Africa, Tanzania and Zambia – provides for a minimum age ranging between 15 and 18. These are different for boys and girls, with the boys invariably having a higher age limit.

In addition, all five countries allow for judicial or parental consent to lower the age of marriage even further, and in Eswatini and Lesotho, there are exceptions for customary law that permit marriage from the age of puberty.

These domestic laws violate the international and regional human rights standards that SADC countries have signed on to. Deeply entrenched cultural practices, poverty, and limited access to education and sexual and reproductive healthcare are slowing progress and hindering reform efforts.

Such is the case in Tanzania. In 2016, the Tanzanian High Court gave a landmark ruling that struck down sections of the Marriages Act of 1971, which set the marriage age at 18 for boys and 15 for girls, with additional exceptions allowing marriage at 14 with court approval.

Despite the ruling being upheld by the Court of Appeal in 2019, Tanzania’s government has thus far failed to amend the law accordingly.

However, there is encouraging progress elsewhere.

In Zimbabwe, the Constitutional Court ruled in 2016 that child marriage is inconsistent with the Constitution. A new Marriage Act enacted in 2022 prohibits marriage for those under 18 in all cases, including for customary marriages, and allows up to five years imprisonment for offenders.

In addition, the country’s National Action Plan and Communication Strategy to End Child Marriage requires registration of all marriages.

In February 2023, the Constitutional Court of Uganda issued a ground-breaking decision in the case, Kirya Martins & Aboneka Michael v. Attorney General, striking down provisions of customary and religious law, including in Hindu and Muslim family laws, that conflicted with the minimum age of marriage set out in the Constitution.

Prioritizing legal reforms to end child marriage

Contradictory provisions in different laws on child marriage create confusion in the application of the law and the inconsistencies make jurisprudence difficult to interpret and implement. All SADC countries must prioritize legal reform and enact robust legislative and policy frameworks that comply with international and regional human rights obligations. This means setting the minimum age of marriage at 18, without any exceptions.

While legal reform is crucial, governments must close the divide between legal approaches and those aimed at influencing social and community norms. Prosecution and punishment of perpetrators should be accompanied by a multi-sectoral approach with an ample budgetary allocation.

Community awareness-raising is key and requires comprehensive sexuality education and behavior change campaigns that foster understanding about the negative impact of child marriage on girls and the wider society.

So too is the empowerment of girls through education and other opportunities that increase their agency and decrease their vulnerability to human rights violations.

Child marriage prevention must also be fully integrated into climate change mitigation and disaster response strategies. Africa is bearing the brunt of global warming, with extreme weather events, prolonged droughts, and food shortages intensifying economic hardships, conflicts, and forced migration.

Girls are especially vulnerable, as families may view marrying daughters as a strategy to cope with financial difficulties and as a way of protecting them from the heightened risks of sexual violence and exploitation found in unstable environments.

Having the right laws in place is the foundation upon which access to protection and justice is built. But only through a multifaceted approach championed by governments can we create a future where every child and young woman in East and Southern Africa can reach their full potential, free from the shackles of child marriage and early motherhood.

Divya Srinivasan is Global Lead for End Harmful Practices at Equality Now.

IPS UN Bureau

Follow @IPSNewsUNBureau
  

International Day for the Elimination of Violence against Women. Credit: UN Women

By Divya Srinivasan and Humaida Abdulghafoor
NEW DELHI, India, Dec 22 2021 (IPS)

Marital rape has now been criminalized without exception in the Maldives, as part of a raft of significant amendments to the Sexual Offences Act (2014). The First Amendment to the Sexual Offences Act was ratified on 6 December 2021 by President Ibrahim Mohamed Solih.

The move has been welcomed by national and international women’s rights groups which have been calling for greater legal protection against sexual violence.

In the Maldives, sexual assault has traditionally been viewed as a private matter. However, research-backed evidence has enabled campaigners and survivors to build public awareness.

The ground breaking Women’s Life and Health Experiences (WHLE) study by the Maldives Ministry of Health (2007) revealed that one in five women between the ages of 15 and 49 experienced intimate partner violence and one in eight women were subjected to childhood sexual violence.

The efforts of activists have fuelled growing recognition at all levels including policy, law and public awareness that the State must do more to effectively prevent, address and respond to widespread violence against women and girls.

A high profile case involving an attempted rape on a safari boat in the harbour of Hulhumale in June 2020 resulted in public protests and increased calls for police accountability in rape cases. The outcry prompted lawmakers to propose amendments to existing sexual violence legislation, including the nullification of certain discriminatory provisions from the Sexual Offences Act.

Hailed as an important step towards ensuring access to justice for all survivors, the reforms just signed into law improve the definition of rape, sexual injury, and sexual assault, and apply such offences regardless of marital status.

Previously, marital rape was only criminalised under certain limited circumstances, specifically when the marriage was in the process of dissolution, when one of the parties had applied for a divorce, if the couple was living separately under a mutual agreement, or if the husband knowingly passed a dangerous sexually transmitted disease to the wife.

The only marital rape conviction in the country was issued by the High Court on 1 October 2020. The victim in the case died from the assault — the posthumously reached verdict was possible through the narrow definition of rape in the law at the time (as the victim was separated from her husband).

Therefore, the current amendment criminalising marital rape without exceptions is a significant milestone in sexual violence legal history in the Maldives.

New amendments to the law also specify the provision of rape evidence kits at all government hospitals and health centres, and training for staff on using the kits, including applying a “victim-centred and trauma-informed” approach.

In addition, the Maldives Police Service has been mandated to use rape evidence kits while investigating sexual offence cases. It is anticipated that the implementation of these changes will help to increase the investigative robustness of rape cases and ensure survivors have a better chance to access justice than before.

In a further improvement, certain discriminatory evidence provisions have been removed. Previously, the court could throw out rape cases on the grounds that there was a possibility of false testimony being submitted by the victim assessed based on the so-called “dignity and discipline of the victim”.

This had left the door open for the introduction of evidence relating to the past sexual history of the victim, regardless of its relevance as to whether or not she had consented to the particular sexual act in the case.

The court was also able to consider “the relationship between the parties and the transactions between them prior to the offence” and construe that on these grounds it was improbable that an offence had occurred.

Another progressive amendment is the removal of a provision which previously allowed the denial of sexual violence if there was a long delay between the occurrence of the incident and its reporting, and if the incident was not narrated to another person in the intervening time.

International human rights standards state that there should be no adverse inference due to delay in reporting since there are many valid reasons why survivors do not report rape immediately.

The deletion of these discriminatory provisions from the statute books is extremely welcome as they enabled the course of justice to be perverted, and gender stereotyping and secondary victimisation of survivors during legal proceedings.

For survivors of sexual violence, the new amendments have eliminated some of the barriers to justice identified by Equality Now and Dignity Alliance International in a joint report Sexual Violence in South Asia: Legal and Other Barriers to Justice for Survivors, which calls on the Maldives, along with Bangladesh, Bhutan, India, Nepal, and Sri Lanka, to take urgent action in addressing sexual violence, improving access to justice for survivors, and holding perpetrators to account.

Legally permitting impunity for rape within marriage treats women as the property of their husbands and takes away their rights over their own body. By criminalising marital rape without exception, the Maldives is now more in line with international human rights standards and aligned with other countries in the South Asian region such as Nepal and Bhutan.

However, marital rape is still not a criminal offence in Bangladesh, India and Sri Lanka, where human rights activists continue to advocate for legal reform.

Uthema is a Maldivian women’s rights NGO that advocates for gender equality and has been calling for better legal protection and access to legal redress for those subjected to sexual and gender-based violence.

Uthema congratulates the Government of the Maldives on this important positive change to the law and calls on all relevant State authorities to ensure that the law is fully and effectively implemented.

The legal modifications just passed have opened up avenues to justice for survivors, and introduce a much-needed deterrent to would-be perpetrators. This is crucially needed to address the problem of underreporting of sexual assaults, which is very low due to the system-wide service and law enforcement gaps.

Ensuring public and stakeholder awareness of the amendments, improving low reporting rates for rape, and improving investigation and prosecution procedures, are now the need of the hour.

The Maldives has taken a significant and progressive step to achieve justice for survivors of sexual violence, particularly within marriage. In a socio-cultural context where conservative forces continue to advocate for unequal marital relations and archaic patriarchal notions that marriage is a contract of ownership of women’s bodies for men, this legal shift sends an important message to all Maldivian people.

That message is that women in the Maldives have an inherent legal right to bodily autonomy and dignity as a separate human person deserving of equality with men, security, safety, optimal physical and mental health and wellbeing within marriage, free from sexual or any other form of violence.

For media enquiries please contact: Tara Carey, Equality Now, Head of Media Manager, E: tcarey@equalitynow.org; M: +447971556340 (WhatsApp)

Equality Now is an international human rights organisation that works to protect and promote the rights of women and girls around the world by combining grassroots activism with international, regional and national legal advocacy. For more details go to www.equalitynow.org, Facebook @equalitynoworg, and Twitter @equalitynow.

Uthema is a women’s human rights NGO registered in 2016, advocating for gender equality and women’s empowerment in the Maldives.

Divya Srinivasan is Equality Now South Asia Consultant, and Humaida Abdulghafoor, Uthema Co-Founder and Member

Follow @IPSNewsUNBureau
  

By Divya Srinivasan
NEW DELHI, Jun 28 2019 (IPS)

Early in 2018, India was shaken by the horrific details surrounding the abduction, gang rape, and murder of an 8-year-old girl in Kathua, a district in the north Indian state of Jammu and Kashmir.

The case is one of a string of brutal rapes to attract widespread media attention in a country where sexual violence against women and girls is commonplace.

According to India’s National Crime Records Bureau, around 100 sexual assaults are reported to police every day. Shocking though that is, the actual number of attacks is far higher, with a government survey finding that 99.1% of sexual violence cases go unreported, often due to pressure from family members.

Even in cases that do that make it into the criminal court system, justice for victims is often hard to obtain. In the Kathua case, the young victim was a Muslim from the poor nomadic Bakarwal tribe and the eight accused are part of the local majority Hindu community.

In many areas across India, political tensions run high between Muslims and Hindus and the public reaction to the murder investigation soon became embroiled in bitter sectarian divisions.

Widespread protests were held across the country with supporters alleging the men were innocent targets in an anti-Hindu plot instigated by biased Muslim investigators.

Numerous attempts were made to disrupt the police investigation and thwart legal processes. Some even resorted to death threats and attacks against the prosecution lawyers, witnesses, and victim’s family.

The Bakarwal community which they were members of came under sustained attack and the family was forced to flee the village where the assault occurred.

The situation became so dangerous that the Supreme Court decreed that a fair trial could not take place in Jammu and the case was moved to Pathankot in the neighboring state of Punjab to ensure impartiality in the legal process.

Against this backdrop, the judgment of the Special Court on 10 June 2019 came as a relief to many. Six out of the seven men charged were found guilty, with three sentenced to life in prison for gang-rape and murder, and three given five years for destroying evidence in order to protect the perpetrators. A seventh man was acquitted and an adolescent is yet to stand trial.

On a positive note, the Special Court pronounced judgment within a year of starting the trial, which is a rare achievement in India’s overburdened criminal justice system. While this is definitely laudable, the fact that justice was finally delivered (subject to appeal) in the Kathua case must not overshadow the many obstacles that had to be surmounted in reaching this acceptable conclusion.

Rather, it should be seen as an illustration of the many impediments faced by thousands of survivors of sexual violence across India, especially those from marginalized communities including Muslims, Dalits, and Adivasis.

Unfortunately, the speedy and effective justice delivered by the Special Court in Pathankot does not represent the experiences of the vast majority of survivors, and a fair and swift trial in cases of sexual violence remains the exception, rather than the norm.

In 2016 – the last year for which official statistics are available – there were 133,000 cases of sexual violence pending trial and conviction rates remain abysmally low.

The Unnao rape case is another recent high profile example in which a victim from a marginalized group is pitted against those who are more powerful. In this instance, an elected official from the ruling government party stands accused, alongside others including his driver, of raping a girl from the Dalit community.

The rape survivor attempted to set herself on fire in front of the state Chief Minister’s residence merely to get her criminal complaint registered. Her legal battle is ongoing and a criminal complaint for fraud has been filed against her by the parent of one of the men charged with rape in the case.

Meanwhile, her father was taken into police custody, allegedly after he was assaulted by supporters of the accused, and died shortly after, with a medical examination finding injuries consistent with him having been beaten.

So whilst we celebrate the verdict in the Kathua case, we must remember that every day in India, women and girls who have experienced sexual violence and assault are confronted with intimidation, threats, and coercion that inhibits them from reporting their violation or forces them into settling or dropping their cases.

Facing even greater obstacles to accessing justice are those who are subjected to additional discrimination on the grounds of class, caste, religion, or disability.

In 2014, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the escalation of rapes against women and girls in India, particularly on the basis of caste, and the downplaying by key state officials of the grave criminal nature of gender-based sexual violence.

The situation has, however, failed to improve. In April 2018, over 600 academics from India and abroad joined together to write an open letter to the Indian government, pointing out the rapes and lynchings appeared to be a targeted campaign against minorities and expressing anguish over the lack of action by the Indian government.

India’s criminal justice system remains inaccessible and insensitive to most survivors of sexual violence. These survivors face barriers in getting their cases registered with the police, have inadequate legal support, and are forced to wait years to have their cases heard.

Immediate, systemic change is needed to ensure expeditious trials and day-to-day hearing of cases, such as took place in the Kathua trial. Justice needs to be done and be seen to be done so that all survivors of sexual violence can place their faith in the legal system, safe in the knowledge that they will be heard and their claims treated seriously.

The onus is now on the Indian government to move beyond token action and ensure that the criminal justice system is responsive to survivors needs and is equipped to handle the high volume of sexual violence cases that are currently pending.

To achieve positive systemic change, state officials should work in close cooperation with civil society organizations, activists, and survivors who can provide invaluable insight and expertise.

Better implementation of existing laws, the introduction of much needed procedural reforms, and clearing the large backlog of cases pending in criminal courts, are all key. So is handling sexual violence cases with greater sensitivity, a more accountable police force, and bigger budgetary allocation by the government to end gender-based violence.

This includes giving sufficient funding to women’s rights organizations that are delivering vital support services at the grassroots to women and girls.

There is much to be done but if these important and long overdue improvements can be implemented, it means something positive can come from the tragedy of the Kathua case.

For media enquiries and interview requests please contact Equality Now Sr. Media Manager Tara Carey at tcarey@equalitynow.org; +44 (0)20 7304 6902; +44 (0)7971 556 340.

About Equality Now: Equality Now is an international human rights organization that works to protect and promote the rights of women and girls around the world by combining grassroots activism with international, regional and national legal advocacy. It’s international network of lawyers, activists, and supporters achieve legal and systemic change by holding governments responsible for enacting and enforcing laws and policies that end legal inequality, sex trafficking, sexual violence, and harmful practices such as child marriage and female genital mutilation. For more information go to www.equalitynow.org.

Excerpt:

By Divya Srinivasan
NEW DELHI, Feb 26 2019 (IPS)

In an historic first, thousands of people participated in a 10,000-kilometre long Dignity March across India to raise awareness about sexual violence, bring an end to stigma faced by survivors, and highlight the barriers women and children face in accessing justice.

Covering 200 districts in 24 states, the March began in Mumbai on December 20 and ended on Feb 22, with around 5000 gathering at the Ramlila Maidan in New Delhi, a ground famous for hosting protests and political rallies. On this warm February afternoon, they were present for a momentous gathering of sexual assault survivors, many of whom had travelled across India to attend.

The ambitious idea was originated and organized by Rashtriya Garima Abhiyan (National Campaign for Dignity), an Indian human rights group which explained, “The Dignity March is a call for women and children to speak out their experiences of sexual abuse without shame. It is also an appeal for the stakeholders and the larger community to create a healthy, non-judgmental and a safe environment to support the voices of the survivors and to take the fight for justice forward.”

“It is time to speak up, condemn the act of sexual violence and to end the culture of victim shaming/blaming and shift the blame. Collectively, we must hold the state actors accountable to ensure justice to survivors.”

Numerous community events were held along the route, with survivors of sexual violence joined by family members, activists, lawyers, police, actors and politicians, who have come forward in support.

Rashtriya Garima Abhiyan estimates that during the Dignity March – also called the ‘Garima Yatra’ or ‘journey’ – they interacted with 25,000 survivors of sexual violence, 2000 lawyers, 3000 journalists and 200 policy makers and government officials.

It has attracted widespread media coverage, with sexual assault survivors welcoming the opportunity to come together and share their stories. Many are from communities that are marginalized because of caste, class and religion, and their experiences have previously been largely ignored by mainstream women’s movements.

One of the numerous survivors who participated in the March is Bhanwari Devi, a social worker who was gang raped in 1992 by “upper” caste men for attempting to stop a child marriage.

Her fight for justice was a pivotal moment in India’s women’s rights movement as her case prompted the Supreme Court to issue the Vishakha Guidelines for combating sexual harassment at the workplace, and it eventually led to the introduction of a national law in 2013 prohibiting it.

Despite this, in her own gang rape case, Bhanwari Devi is still fighting for justice 26 years later, as her appeal languishes in the Rajasthan High Court.

Bhanwari Devi’s case is representative of the problems survivors of sexual violence in India face in accessing justice. The first-hand accounts shared by women participating in the March demonstrate that every day, survivors are silenced, threatened and intimidated.

They face discrimination and inaction from the police and other legal authorities, and are often coerced into settling or compromising their cases even though this is not permitted under Indian law.

Survivors are even being harmed instead of helped by doctors. The two-finger test continues to be widely practiced today despite being unscientific, traumatizing, illegal, and a violation of human rights. It involves a medical practitioner inserting two fingers into the vagina in an attempt to determine if the hymen is broken and to test laxity.

As the WHO states, the two-finger test has no scientific or clinical basis, and there is no examination that can prove a girl or woman has had sex or is sexually active.

The procedure was banned by India’s Supreme Court and guidelines were released by the Government clarifying that it has no bearing on cases of sexual violence.

Despite this, it is still being performed to assert whether sexual assault survivors are “habituated to sex”, although sexual history is irrelevant in a rape trial.

These are just some of the many reasons why rape is one of the most under-reported crimes in India, which has a population of over 1.33 billion. Some estimates indicating that over 90% of rape cases in the country remain unreported.

To make matters worse, the conviction rate for crimes against women in India remain abysmally low – only 18.9% according to statistics by the National Crime Records Bureau from 2016 (the lowest percentage in a decade). Comparatively, the average conviction rate for all crimes is around 47%.

The result is that perpetrators of sexual assault are in the main able to act with impunity as they are not held to account for their actions, and are therefore able to reoffend without fear of consequence.

In contrast, the women and children being harmed are denied the justice they deserve and remain at risk. This is totally unacceptable and change is urgently needed.

The Dignity March has attempted to address some of these issues by calling upon stakeholders and the community in general to provide a healthy and supportive environment for survivors of sexual violence.

Rashtriya Garima Abhiyan and activists working alongside are aiming to create a national network of survivors in order to ensure their voices are heard in policymaking.

They have also interacted with the police and other officials to advocate for better implementation of laws, and allocation of more financial resources towards supporting survivors, included equipping One Stop Crisis Centers.

Their efforts are already bearing fruit. Ashif Shaikh, founder of the Rashtriya Garima Abhiyan, told the crowd at Ramlila Maidan: “The Chief Minister of Madhya Pradesh, after hearing the survivors and our demands, has committed to taking steps to set up a special police force to investigate crimes against women, as well as fast-track courts to try such crimes.”

Another key aim of the Dignity March has been to end the culture of victim shaming and blaming, which has enabled perpetrators to go unpunished.

As a survivor from Raipur noted, “When we are in our villages, and something happens, we feel alone. Who is going to listen to our experiences, who will consider it important? But in this yatra, we have met others who have gone through the same experience. We understand each other’s pain and sorrow. I am leaving this yatra feeling less alone.”

The thousands of people who came out to support survivors during the March have only taken the first, important step. There is a lot more work to be done to change societal and national attitudes, and to ensure that survivors receive support instead of shame and blame when they break the silence and speak out. It is now time for others to listen and take positive action.

 

 
*Divya Srinivasan is a qualified attorney with a background in women’s rights, including work on sexual harassment in the workplace and sexual violence against women. You can follow her on Twitter @sdivya91.

**Equality Now is an international human rights organization that works to protect and promote the rights of women and girls around the world by combining grassroots activism with international, regional and national legal advocacy. It’s international network of lawyers, activists, and supporters achieve legal and systemic change by holding governments responsible for enacting and enforcing laws and policies that end legal inequality, sexual trafficking, sexual violence, and harmful practices such as female genital mutilation and “child” marriage. For details of current campaigns, go to www.equalitynow.org, Facebook @equalitynoworg, and Twitter @equalitynow.

Photo Credit: Rashtriya Garima Abhiyan.

Excerpt:

At Narok County, Kenya, during a discussion by anti-FGM campaigner Agnes Pareyio from Tasaru Ntomonok Initiative (TNI). The picture was taken at a school run by TNI for girls escaping FGM and child marriage. Credit: Equality Now/ Tara Carey

By Divya Srinivasan
NEW DELHI, Feb 6 2019 (IPS)

According to official data on the global prevalence of Female Genital Mutilation (FGM) released by UNICEF there are 200 million women and girls in the world who have been cut. Shocking though this statistic is, it seriously underestimates the nature and scale of the problem.

In 2015, when the United Nations was in the process of adopting the Sustainable Development Goals (SDGs), civil society organizations successfully led the fight for eradication of FGM to be included in the targets and as one of the 230 global indicators used to measure progress.

Target 5.3 of the SDGs now requires all 193 countries which signed onto the SDGs to take action to end FGM and to measure prevalence of FGM within their countries.

The figure of 200 million is based on official representative data which is available for only 30 countries, 27 of which are in Africa. However, small-scale data and anecdotal evidence shows that FGM is occurring in over 30 other countries, many of which have passed laws banning the practice.

This includes at least 13 countries in Western Europe, as well as Australia, Canada, Georgia, India, Malaysia, Pakistan, Russia, Singapore, Sri Lanka, Thailand, and the United States.

Thanks to growing activism from within practising communities, new information is now available that shows FGM is practised by both indigenous and immigrant communities in all continents except Antarctica.

Survivors, activists and grassroots organisations are courageously working to end FGM and have conducted small-scale research surveys to document its prevalence, provide support to affected women and girls, and advocate with legislatures, courts and local authorities to introduce and enforce legal bans.

The type of statistical information being provided is invaluable in the effort to end FGM because it pushes governments to take action and provides a baseline from which we can measure the scale and effectiveness of interventions.

However, their work is woefully underfunded and lacks sufficient international support. The United Nations, which designated 6th February as the International Day of Zero Tolerance for Female Genital Mutilation in 2003, has so far failed to dedicate adequate funds to eradicate FGM at a global level, particularly in Asia, the Middle-East and the Americas.

Even the UNFPA and UNICEF Joint Programme to Accelerate the Abandonment of FGM/C only covers some of the countries traditionally acknowledged to practise FGM.

The past year has demonstrated the monumental challenges faced by anti-FGM campaigners the world over, caused partly by gaps in understanding about the nature and extent of FGM in countries where it is not historically acknowledged to occur.

For instance, in India, despite the existence of independent studies documenting FGM within the Bohra community, the Indian government has sought to deny the existence of FGM in the country because of a lack of official representative data.

In November 2018, a District Judge in the U.S. state of Michigan dismissed charges brought against two doctors and six others accused of subjecting nine girls to FGM. Judge Bernard Friedman struck down a 20-year old federal law banning FGM on the technical grounds that it was unconstitutional because the power to outlaw the practise belonged to individual states, not Congress.

It is estimated that 513,000 women and girls are at risk or have been subjected to FGM in the United States. Although Judge Friedman’s ruling currently applies only to the Eastern District of Michigan, it potentially leaves tens of thousands of women and girls unprotected and in increased danger of being cut

Despite referring to FGM as ‘a despicable practice’, his order demonstrated a fundamental lack of understanding about the discriminatory nature of FGM -which is carried out primarily to control the sexuality of women and girls – as well as the widespread nature of its occurrence within the U.S. The US Government has appealed against his ruling.

In August 2018, an appeals court in Australia overturned the country’s first FGM conviction in 2015 against a priest and mother from the Bohra community, who were found guilty of performing FGM on two young sisters.

Here again, the court ruling was not based on support for FGM but instead on the technical grounds that the type of FGM purported to be practised by the Bohra community, which involves cutting the clitoral hood, did not fall under the existing legal definition of FGM.

A request was put forward by the court asking the Government to consider expanding the law. FGM had been criminalized in the Australian state of New South Wales since 1994 and its definition has not been updated since then despite the World Health Organisation later adopting a more comprehensive definition and classification, which includes cutting of the clitoral hood.

The globalised nature of FGM requires not only a global response, but also a nuanced one that is tailored to meet the particular contours of FGM as it is practised in different countries or communities.

We need to update existing FGM laws and draft new ones to ensure that all types of FGM are covered within its ambit, as cutting of any kind violates the human rights and health of women and girls.

In line with target 5.3 of the SDGs, governments need to collect prevalence data on FGM in all countries where it is known to be practised, and report on their efforts to address the issue.

UNICEF is the organisation responsible for supporting countries in generating, analyzing and using dates for this target. This includes leading methodological work, developing international standards, and establishing mechanisms for the compilation and verification of national data, and maintaining global database.

The United Nations is failing in this commitment and needs to fund and pilot anti-FGM efforts in countries where it has not traditionally done so.

The medical community needs to intensify research efforts and publish disaggregated research and data that does not merely look at FGM generally, but analyses the health consequences for each type of FGM individually, particularly Types I and IV for which available medical research is scarce.

The fight to end FGM globally clearly stands at a turning point. There is rising backlash against the activism to eradicate FGM, and there is a threat of regression that risks losing hard-won gains.

For instance, in Kenya a petition has been filed asking the Court to declare as unconstitutional the Prohibition of Female Genital Mutilation Act, which was enacted in 2011, and to abolish Kenya’s Anti-FGM Board.

However, 2018 also provided positive evidence that untiring efforts to end FGM through activism and legal bans undeniably work, with sustained efforts resulting in a “huge and significant decline” of women and girls across Africa being subjected to FGM between 1990 and 2016.

We need to learn from the fantastic work being done in Africa, adapt the strategies according to regional and cultural contexts, and implement them in every country where we know FGM is being practised.

Through the SDGs, activists and countries have made strong public commitments to ending FGM throughout the world by 2030. To achieve this goal, political commitments must now be put into action fully by accelerating and globalising efforts, collecting and circulating reliable data, and providing the proper funding needed to eradicate FGM once and for all.

*Equality Now is an international human rights organization that works to protect and promote the rights of women and girls around the world by combining grassroots activism with international, regional and national legal advocacy. Its international network of lawyers, activists, and supporters achieve legal and systemic change by holding governments responsible for enacting and enforcing laws and policies that end legal inequality, sexual trafficking, sexual violence, and harmful practices such as female genital mutilation and child marriage.

For details of the current campaigns, please visit www.equalitynow.org; on Facebook @equalitynoworg and Twitter @equalitynow.

Excerpt: