This law was a culmination of many years of activism by the civil society raising the alarm over the increase in the practice of FGM in Kenya. Article 27 on the Equality and freedom from discrimination prescribes that- (1) every person is equal before the law and has the right to equal protection and equal benefit of the law. The Act, under Part II, section 3(1) provides for the establishment of the Anti-Female Genital Mutilation Board, which is a ‘body corporate’ under section 3(2). CHAPTER XIX of the Penal Code on – Murder and Manslaughter- contains provisions that MIGHT relate to the offences arising out of FGM, especially in relation to Sections 202 to 206. The law not only bans the practice in Kenya but also prohibits cross-border FGM and bars medical care givers from carrying out the practice. 4 0 obj These steps include laws criminalizing FGM , education and outreach programs, and the use of civil remedies … Get our weekly articles straight to your inbox, Role and Functions of the Deputy President of Kenya, The Six Types of Elective Positions in Kenya, Role of the County Assembly Clerk in Kenya, Why Budget Forums in Kenya are Beyond Food and Per Diem, Role and Functions of The National Treasury in Kenya. Female Genital Mutilation in Kenya (also known as female circumcision) is a rare practice in some parts of Kenya. Some studies have shown that girls are now being cut earlier, between the ages of 7 and 12. 1. Join the Subsection (1) of section 19 states that- A person, including a person undergoing a course of training while under supervision by a medical practitioner or midwife with a view to becoming a medical practitioner or midwife, who performs female genital mutilation on another person commits an offence – a person causes the death of another, that person shall, on conviction, be liable to imprisonment for life. They have also benefitted from the involvement of UN agencies and civil society groups. The practice of female genital mutilation (FGM) is widely condemned. Opponents suggest that FGM must be outlawed, no matter the circumstances. An Act of Parliament to prohibit the practice of female genital mutilation, to safeguard against violation of a person’s mental or physical integrity through the practice of female genital mutilation and for connected purposes PART I – PRELIMINARY 1. Female genital mutilation is classified into 4 major types. Offences include aiding or abetting FGM, the possession of tools to carry out the practice, and failure to report a person carrying out FGM. The medicalisation of FGM in Kenya has been a trend that has been documented, particularly among the Kisii. Therefore, the prevalence for girls under age 15 is an underestimation of “A person who commits an offence under this Act is liable, on conviction, to imprisonment for a term of not less than three years, or to a fine of not less than two hundred thousand shillings, or both.”, In conclusion, Section 27 of this Act mandates the Kenyan Government to take necessary steps within its available resources to—. According to 2005 survey, FGM prevalence rate is 28% of all women aged between 15 and 49. Following their positive influence, a law prohibiting FGM was introduced in 2011. The Act goes a step ahead to clarify that Female Genital Mutilation in Kenya “does not include a sexual reassignment procedure or a medical procedure that has a genuine therapeutic purpose; with ‘sexual reassignment procedure’ referring to 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 (as nearly as practicable) of a person of the opposite sex.”. Their work has successfully prompted increasing political will from central government and the Kenya Women’s Parliamentary Association. The Act defines Female Genital Mutilation in Kenya as “comprising all procedures involving partial or total removal of the female genitalia or other injury to the female genital organs, or any harmful procedure to the female genitalia, for non- medical reasons, and includes- (a) Clitoridectomy, which is the partial or total removal of the clitoris or the prepuce; (b) Excision, which is the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; and (c) Infibulation, which is the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris. Type 2: Often referred to as excision, this is the partial or total removal of the clitoris and the labia minora (the inner folds of the vulva), with or wit… However, there have been no arrests for FGM/FGC on the basis of these provisions. The powers of this commission are spelt out in Chapter Fifteen of the Kenyan Constitution (on Commissions and Independent Offices). <> M��Y)��PD9�������6�``Q�Ê����ׯm��X���r0�L@ n�����ltqu��~��B�>!x��` ���eY\hշ�HG8��Y�V#�������ꗼV�]�����_�z_Syݧ���|��Ipj Bu�,]�ք��tW`�w�t��\7*�*�\I�Մ /�C�~>����yE5Ek�`Ch� NM]M�T��1�&2��)U��y�Z��;d���Z��k4˻"���i�~�x�w_��ȝSft� ��������rݳ��3���?��rm�:��I ��(�� ���i�ӄ�% rh :�+�'A�n it may, in its discretion, either cause that person’s name to be removed from the appropriate register or roll or suspend her registration or enrollment for a period not exceeding twelve months: Provided that the Council may in its discretion cause the name of a person which has been removed from a register or roll to be restored to the appropriate register or roll. Some girls who have not been cut may still be at risk once they reach the customary age for cutting. <>/Metadata 818 0 R/ViewerPreferences 819 0 R>> 63), whether the offence was committed before or after the coming into operation of this Act, or if, after inquiry by the Board, is found to have been guilty of any infamous or disgraceful conduct in a professional respect, either before or after the coming into operation of this Act…”, The Nurses, Midwives and Health Visitors Act (1965), (1) If the Council (Nurses, Midwives and Health Visitors Council of Kenya, established under section 3 of this Act) is satisfied in respect of any person registered or enrolled under this Act that such person whether before or after she became registered-. FGM is highly unpopular in Kenya, with the 92.5 percent of women and 88.8 percent of men believing that the practice should cease, according to 28 Too Many. Article 19 of the Kenyan Constitution on Rights and fundamental freedoms enumerates that (1) the Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. (3) Women and men have the right to equal opportunities in political, economic, cultural and social spheres. ���M�z6? All these constitute offences under the Prohibition of Female Genital Mutilation Act, 2011. Section 204 prescribes the death sentence for anyone guilty of murder in accordance with sections 202 and 203. Kenya has made commendable strides towards ending FGM and under the law could sentence individuals partaking in the practice to three years in prison, even if it is done outside Kenya… In 2003, 46% of Kenyan daughters had FGM performed by a health professional (up from 34.4% in 1998). x���MoA��+��Tg��QE�� endobj (3) The rights and fundamental freedoms in the Bill of Rights (a) belong to each individual and are not granted by the state; (b) do not exclude other rights and fundamental freedoms not in the bill of rights, but recognized or conferred by law, except to the extent that they are inconsistent with this Chapter(Chapter 4); and (c) are subject only to the limitations contemplated in this constitution. However, Kenya's Maasai want to retain it. The composition, powers, financial provisions and functions of the board are enumerated in the same Act, with the ability to delegate its powers under section 8 of the Act. Article 28 on Human dignity observes that “Every person has inherent dignity and the right to have that dignity respected and protected.”. “, Under section 25 of this Act, “Any person who uses derogatory or abusive language that is intended to ridicule, embarrass or otherwise harm a woman for having not undergone Female Genital Mutilation in Kenya, or a man for marrying or otherwise supporting a woman who has not undergone Female Genital Mutilation in Kenya, commits an offence and shall be liable, upon conviction, to imprisonment for a term not less than six months, or to a fine of not less than fifty thousand shillings, or both.”, Section 29 of this Act (under Part V: Miscellaneous) stipulates the penalty for the offences in this Act. Article 27(6) spells out the mandate of the state to ensure “legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.” Articles 27(7) reinforces article 27(6). (Applies to circumstances of death as a result of FGM), Sections 9(3), 20 and 21 of this Act provide for the cancellation of License for any medical practitioner who, according to section 20 “is convicted of an offence under this Act or under the Penal Code (Cap. Has been guilty of impropriety or misconduct whether in respect of her calling or not. @GithinjiKE, There are currently no comments on this article, be the first to comment below. Evidence to End FGM/C is led by the Population Council, Nairobi in partnership with the Africa Coordinating Centre for the Abandonment of Female Genital Mutilation/Cutting (ACCAF), Kenya; Gender and Reproductive Health & Rights Legal stance on FGM In Kenya, FGM attracts either a minimum jail term of three years, a fine of 200,000 Kenyan Shillings (USD 190), or both. Female genital mutilation is present in Senegal. Section 19(6), however, spells out that “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. conclusion other laws on FGM. In Kenya, FGM is performed mostly on girls aged between 12 and 18. According to the Kenya Demographic and Health Surveys (KDHS) 2008/2009, on average, 27% of females had undergone FGM, a decline from 32% in 2003 and 38% in 1998. In November 1996, Parliament defeated a motion to make this practice illegal. (2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. Highlights This baseline study report on female genital mutilation/cutting (FGM/C) and child marriage among the Rendille, Maasai, Pokot, Samburu and Somali communities in Kenya is the outcome of extensive interviews and discussions with community members— including community leaders, representatives of young people and women in the target sub-counties and divisions, national … For a response to your comment, check back on this post periodically. 2.3.2 Although against the law and in decline, FGM continues to be practiced in Kenya amongst most ethnic groups to varying extents (see Laws and National prevalence). NB: In November 1996, the Kenya Parliament defeated a motion to make the practice of Female Genital Mutilation in Kenya illegal. Its general functions include promoting gender equity, respect for human rights and redress for human rights violations, through affirmative action programmes (Such as receiving complaints and suggestions, monitoring and investigation, coordination and facilitation, protection and observance, compiling reports and undertaking remedial action, among other functions, it is empowered to conduct by the relevant legislation). <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The functions of the Board as spelt out under Section five of the Prohibition of Female Genital Mutilation Act, 2011, are as follows: For more about the board, see the functions of the Anti-FGM Board in Kenya. The Act was passed into law by the Kenyan parliament on 30th September 2011 and commenced on the 4th of October of the same year. Chapter Four - … 2. Section (3) states that “A person shall not compel another person to perform, observe, or undergo any cultural practice or rite.”, Article 53 on Children declares that (1) every child has the right (d) to be protected from abuse, neglect, harmful cultural practices, and all forms of violence, inhumane treatment and punishment…. According to section 26 (1), a person is guilty of an offence if he (or she); (e) on the ground of any ethnic, communal, cultural or religious custom or practice, discriminate against a person with disability. 2. FGM PROPONENT: Dr Tatu Kamau who filed a petition at the High Court in Machakos challenging the constitutionality of the Act prohibiting FGM. It has been banned in Kenya since 2011. Design, supervise and coordinate public awareness programmes against the practice of Female Genital Mutilation in Kenya; Generally, advise the Government on matters relating to Female Genital Mutilation in Kenya and the implementation of this Act; Design and formulate a policy on the planning, financing and coordinating of all activities relating to Female Genital Mutilation in Kenya; Provide technical and other support to institutions, agencies and other bodies engaged in the programmes aimed at eradication of Female Genital Mutilation in Kenya; Design programmes aimed at eradication of Female Genital Mutilation in Kenya; Facilitate resource mobilization for the programmes and activities aimed at eradicating Female Genital Mutilation in Kenya; and. Regional FGM Law In 2016 the East Africa Community (including Kenya, South Sudan, Tanzania and Uganda) enacted the East African Community Prohibition of Female Genital Mutilation Act (EAC Act)15 to promote cooperation in the prosecution of perpetrators of FGM through harmonisation of laws, policies and strategies to end FGM across the region. The Prohibition of Female Genital Mutilation Act, 2011 (FGM Act 2011),3 which came into effect on 4 October 2011, is the principal legislation governing FGM in Kenya. Female Genital Mutilation in Kenya (also known as female circumcision) is a rare practice in some parts of Kenya. Article 20(2) on the Application of the Bill of Rights spells out that “every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.”. Article 27(4) & (5) enumerates various grounds upon which the state and the person respectively, may not discriminate against another (the grounds include belief and culture). Article 55 on Youth compels the State to take measures, including affirmative action programs to ensure the youth- (d) are protected from harmful cultural practices and exploitation. 2.3.3 FGM is mostly performed on girls and young women between the ages of 12 likelihood that a person will be subjected to FGM (or further FGM) on return. FGM is a life-threatening procedure that involves the partial or total removal of the external genitalia. “FGM is illegal in Kenya, yet the law is not widely enforced,” said Lindsey Pluimer, founder of With My Own Two Hands, a non-governmental organization that educates girls. Female genital mutilation is not practiced in Rwanda. Since Kenya … Type 1: Often referred to as clitoridectomy, this is the partial or total removal of the clitoris (a small, sensitive and erectile part of the female genitals), and in very rare cases, only the prepuce (the fold of skin surrounding the clitoris). Short title This Act may be cited as the Prohibition of Female Genital Mutilation Act, 2011. In 2011 Kenya passed a law that prohibits Female Genital Mutilation (FGM) and imposes tough penalties on perpetrators and those abetting the practice. ... FGM female genital mutilation GBV gender-based violence GDP gross domestic product Kenya outlawed FGM in 2011. It is a federal act and criminalises all forms of FGM, regardless of the age or status of a girl or woman. Other countries, like Chad, Liberia, Mali, Sierra Leone, Somalia and Sudan – where the … 07 | A Pro˜le of Female Genital Mutilation in Kenya Information collected on FGM among girls under age 15 reflects their current but not final FGM status. Sanctions for FGM range from fines to imprisonment, and where FGM results in the death of the victim, life imprisonment is imposed (Uganda) or the death penalty (Kenya). Perform such other functions as may be assigned by any written law. To view 28 Too Many’s original ountry Profile on FGM in Kenya, published in May 2013, please go to ... She has an LLM in Public International Law and is currently working within the prison service. e2�c��>B@�9�1�:��G����Yf��C����I�[jZ���j ]��9� Section 14 of this Act states that “No person shall subject a child to female circumcision, early marriage or other cultural rites, customs or traditional practices that are likely to negatively affect the child’s life, health, social welfare, dignity or physical or psychological development. Legal Measures to Eliminate FGM Many governments in Africa and elsewhere have taken steps to eliminate the practice of FGM in their countries. <> Coronavirus threatens Kenya goal to end female genital mutilation by 2022 Sudan to ban FGM, strengthen women's rights Somalia sees "massive" rise in FGM during lockdown and Ramadan 1 0 obj Although the practice of FGM was outlawed in Kenya in 2001 under laws that prohibit customs harmful to children and Under the FGM Act, 2011, it is still rampant among the Kenyan communities. There are provisions in the Penal Code pertaining to "Offenses Against Person and Health" that might be applicable. Previously in 1982 and 1989, the former President Moi had issued presidential decrees banning the practice. PAGE | 7 [�U�F�,3���-����yo����&�Q,��Sp���1z168�@#t̆v{�� o3�ZD��f���I+"0���Q��. Senegal. 2 0 obj If a girl dies in the process of FGM, the … %���� 9� OՈ�Y���7E�Ӥ�,O�.�[��,)���*�M�lm'�� +�{*�]$~Jm4_�n�>rc�? Article 32 on the Freedom of conscience, religion, belief and opinion specifies in section (4) that a person shall not be compelled to act or engage in any act, that is contrary to the person’s belief or religion. The Anti Female Genital Mutilation Board (Anti-FGM board Kenya) is established under the Prohibition of FGM Act. The fight against female genital mutilation/cutting (FGM/C) has been fraught with both success and failure, resistance and acceptance. A person (including a person undergoing a course of training while under supervision by a medical practitioner or midwife with a view to becoming a medical practitioner or midwife) who performs female genital mutilation on another person; Aiding and abetting Female Genital Mutilation in Kenya; Procuring a person to perform female genital mutilation in another country; Use of premises to perform female genital mutilation; Possession of equipment or tools for female genital mutilation; Failure to report the commission of the offence; and. Dr Tatu Kamau has filed a case at the High Court in Machakos, Kenya, asking for FGM to be decriminalised. This article looks at what some of the laws in Kenya say about FGM. Finally, Article 59 on the Bill of Rights provides for the establishment of the Kenya National Human Rights and Equality Commission, with the functions of the Commission being enumerated in the same article. The articles I write have a common #1 goal: Keeping it as simple as possible for users to understand the content. endobj FGM is a violation of the human rights of girls and women. investments, policies, and programs for ending female genital mutilation/cutting in different contexts. Legal Status: There are no laws making FGM/FGC illegal in Kenya. This is an Act of Parliament meant to address Female Genital Mutilation in Kenya. Article 43 on Economic and social rights section (2) states that “A person may not be denied emergency medical treatment.”, Article 44 on Language and culture, especially section (3) hits the nail on the head with regard to Female Genital Mutilation in Kenya. Section 28 (1) of this Act also provides for extra-territorial jurisdiction, i.e. INTRODUCTION The Prohibition of Female Genital Mutilation Act of 2011(herein the FGM law) became law on 4th October 2011. Section 26 of this Act “permits a law enforcement officer, without a warrant, to enter any premises for the purposes of ascertaining whether there is or has been, on or in connection with such premises any contravention of this Act.”. stream FGM is illegal in Kenya, with a punishment of up to three years’ imprisonment and/or a fine of up to 200,000 shillings (USD $2000). "AfroCave" Newsletter, I love writing content that is insightful and informative. This article looks at what some of the laws in Kenya say about FGM. Use of derogatory or abusive language towards those who have not undergone female genital mutilation, or for a man marrying or otherwise supporting a woman who has not undergone female genital mutilation. Article 20(4) also spells out that in interpreting the bill of rights, a court, tribunal or any other authority shall promote (a) the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and (b) the spirit, purport and objects of the Bill of Rights. There are significant differences in regional prevalence. Did you like this post? The World Health Organization is opposed to all forms of FGM, and is opposed to health care providers performing FGM. It is meant “to prohibit the practice of female genital mutilation, to safeguard against violation of a person’s mental or physical integrity through the practice of female genital mutilation and for connected purposes.”. (2) The purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of human beings. The law stipulates a … It is thought that the decrease is to avoid detection as a response to legislation banning the practice. This is further spelt out in other constitutional provisions, such as Article 21 (implementation of rights and fundamental freedoms), Article 22 (enforcement of Bill of Rights) and Article 23 (authority of the courts to uphold and enforce the Bill of Rights), and also articles 47 (fair administrative action), 48 (access to justice), 49 (rights of arrested persons), 50 (fair hearing) and article 51 (rights of persons detained, held in custody or imprisoned). Article 21 on the Implementation of rights and fundamental freedoms specifically points out that- (1) it is the fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights; (3) all state organs and all public officers have the duty to address the needs of vulnerable groups within the society, including women, members of a particular cultural community, et cetera; and that (4) the State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. Article 29 on the Freedom and security of the person also clearly states out that- every person has the right to freedom and security of the person, which includes the right not to be- (a) deprived of freedom arbitrarily or without just cause; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (f) treated or punished in a cruel, inhuman or degrading manner. Protect women and girls from female genital mutilation; Provide support services to victims of female genital mutilation; and, Undertake public education and sensitize the people of Kenya on the dangers and adverse effects of female genital mutilation, Has been convicted of any offence punishable by imprisonment the commission of which in the opinion of the Council has dishonoured her in the public estimation; or, Has been guilty of negligence or malpractice in respect of her calling; or. The legal status of female genital mutilation (FGM), also known as female genital cutting … endobj The Petitioner’s attempt to void Kenya’s anti FGM law would have jeopardized the future of millions of girls and women in Kenya and I am absolutely thrilled that Kenya’s High Court has stood in favour of girls and women in the Country. The Act may also be cited as the Prohibition of Female Genital Mutilation Act, 2011. It is worth mentioning that Kenya formally outlawed FGM in 2011. The offences and the grounds upon which such offences (as stipulated in Part IV of this Act) can occur include-. A. 3 0 obj However, the latest DHS puts the figure at 19.7% overall or 27.8% in urban areas. Kenya criminalized FGM in 2011 with a minimum punishment of three years imprisonment and a $2,000 fine - the most comprehensive anti-FGM legislation in east Africa. 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