FGM: Harmful Cultural practice meets Law half-way

It was that time of the year once again,the dreaded August holidays where every teenage girl is supposed to undergo the 'cut'. 

The girls during the alternative rite of passage graduation 

ceremony in Loitoktok sub-County August 2015.

However, this time through various interventions the community choose a different path altogether. In August 2015, atleast 1000 girls graduated into womanhood through a colorful alternative rite of passage ceremony in Kajiado County. This is where girls are taught more on their culture without undergoing FGM. 

Noting that FGM is a cultural-related offence, The Office of the Director of Public Prosecutions (ODPP) is comitted to continuously create awareness on the legal consequences of  the practice to various communities in Kenya.

Through the participation of the Ministry of Devolution and Planning, National Interior Coordination and moreso the Anti FGM Board; ODPP trained the girls on the ‘Prohibition of the Female Genital Mutilation Act 2011’.  

 

Anti FGM boards Chair Linah Jebii & ODPP's Anti FGM Unit Christine Nanjala

Last year, Kenya’s Anti-FGM prosecuting Unit under ODPP conducted four phases of county visits in a bid to enforce the law and reduce the harmful cultural practice. 

The Unit was established under the Office of the Director of Public Prosecutions (ODPP) in February 2014.They toured their final phase being Kuria, Tanariver, Marsabit and Wajir. This would see the team analyze and evaluate their actions in detailed reports on the cultural vice.

The five day tour began in June; agenda being to inform communities on “The Prohibition Of Female Genital Mutilation Act, 2011”, since county the first county rounds began in April 2014.

The Anti-FGM Unit comprises of 20 prosecuting counsels. As they plan to continue sensitization programs in  FGM prone counties,a stern message on FGM laws is aired to communities giving alternative rites of passage as the better option. 

Although this practice existed since time immemorial, the fact that it can lead to death, heavy bleeding, permanent or grievous bodily harm makes it unlawful , thus a harmful cultural practice.

Therefore anyone found conducting the FGM practice will be dealt with accordingly; stories have been aired of parents, chiefs or community elders in support of the harmful cultural practice. ODPP's Anti-FGM Unit is to mainly prosecute FGM related crimes in collaboration with the Anti-FGM board.

During a County tour, Anti FGM boards’ Lucy Mongony said:  “Rescue centers should be identified for saving girls in every location. Men should identify opinion leaders and select days for seminars in order to meet and counsel the girls.”

Part of the Unit toured Kisii, Kilgoris and Transmara areas. There was great support from Children officers, police, Chiefs and District commissioners. Those on ground have been privileged to learn about seven offences from the Act. 

During these county rounds ODPP’s Prosecuting counsels discussed atleast seven FGM related offences in the Act, stating respective penalties and fines. Most rounds are conducted in open barazaas with the community or an enclosed space with local Administrators in respective stations. 

Prosecutor Denis Majale & Lolgorian OCS Step

hen Kyenze on Anti FGM Act 2011

According to reports from ODPP, “The vice is practiced culturally and in secrecy thus undermining efforts to combat the crime.”

Other circumstances see these cases summed into grievous harm charges due to little knowledge of the Act that commenced in October of 2011.

Contrary to many people’s belief, Female Genital Mutilation (FGM) is a global concern. It is found in certain parts of Africa, Asia, Middle East, and now in Europe.

According to END FGM, a campaign run by Amnesty International, various services in European Union member states have been confronted with FGM issues.

It is more likely that girls living in European countries are taken to their countries of origin during holidays to be mutilated. Sometimes the girls do not return when parents fear prosecution upon their return to Europe.

The exercise has established contacts and networks on ground with local Administrators, Civil society organizations, opinion leaders and other stakeholders on ground.

Whereby collecting data on FGM related crimes is a necessity, the FGM Unit is also recommending avenues of delivering justice to victims as key.

Although the Act will be three years old in October 2014, it has not yet been internalized by the public. These visits have exposed both challenges and cultural beliefs which may make the fight a great task.

FGM in Kuria County leads at a rate of 96%; following Kisii, Narok, Kajiado and Samburu Counties.ODPP and the Anti FGM board continue to engage communities on the hazards and penalties in this harmful cultural practice.