DJIBOUTI

FGM AND CULTURE 

The two forms of female genital mutilation (FGM) widely practiced throughout Djibouti are Type II (commonly referred to as excision) and Type III (commonly referred to as infibulation). Type III is the most common form and is practiced among the Issa and Afar while Type II is practiced on girls of Yemeni origin. The practice of FGM/FGC is deeply rooted in custom that is often defended on religious (Islamic) grounds, despite the fact there is no mention of the practice in the Quran.  The practice is firmly entrenched among the Issa and Afar who make up the overwhelming majority of the population of Djibouti. It is practiced on 41 percent of girls under the age of five and on 95 percent of girls under the age of ten.

A 2019 study from the Ministry of Women showed a significant decrease of the FGM/C prevalence rate for girls from birth through age 10, from 94 percent in 1994 to 21.2 percent in 2019. According to the study, the prevalence rate remained higher in rural than in urban areas, with 37.9 percent and 13.2 percent prevalence rates in those areas, respectively.

FGM AND LAW

Djibouti’s legal system is based primarily on the French civil code (as it existed in 1997), with features of Islamic religious law (in matters of family law and successions), and customary law.

The current Constitution of Djibouti (passed in 1992, amended 2010) does not directly refer to violence against women and girls, harmful practices or FGM; however, Article 10 assures equality before the law, and the State is under an obligation to protect and respect the integrity of the person. Article 16 states further, ‘No one may be submitted to torture, or to inhuman, cruel, degrading or humiliating actions or treatment.’

The Penal Code of Djibouti (the Penal Code) came into effect in 1995 and was the first principal legislation criminalising and punishing FGM in Djibouti. It was further complemented by Law No. 55 of 2009 (Law No. 55) relating to violence against women, including FGM. The Criminal Procedure Code of Djibouti 1995 (the Criminal Procedure Code)  is also relevant to FGM.

FGM was initially criminalised and punished under Article 333 of the Penal Code, which addresses violence that results in ‘genital mutilation’. The Penal Code did not, however, provide a definition of genital mutilation or FGM, nor did it criminalise the procurement, aiding or abetting of FGM. 

 

Article 7 of the Criminal Procedure Code sets out how any organisation whose statutory objective for at least the previous five years has been the fight against FGM may exercise on behalf of victims their rights regarding the offences set out in Article 333 of the Penal Code. 

In 2009, Article 1 of Law No. 55 introduced two amendments to supplement Article 333 of the Penal Code as follows:

  1.  The law now provides a legal definition of FGM as ‘any non-therapeutic operation which involves total or partial removal and/or wounds performed on the female genital organs, for cultural or other reasons.’ It does not, however, provide a definition of ‘non-therapeutic operation’ in this context. 
  2. It criminalises and punishes anyone with knowledge of FGM, whether planned or already performed, who does not immediately notify the public authorities. The law also tightens penalties for the ‘instigators and accomplices’ of FGM (i.e. those who aid and abet the practice). 

Article 2 of Law No. 55 also amended Article 7 of the Criminal Procedure Code so that organisations with at least three years’ experience working against FGM may now exercise on behalf of victims their rights regarding the offences set out in Article 333 of the Penal Code. 

The Penal Code does not explicitly criminalise and punish FGM performed by health professionals or in a medical setting. Given the wide scope of Article 333, however, it would seem to apply universally and should therefore encompass any health professionals who perform FGM. To date, this research has not been able to identify any separate legislation currently in force in Djibouti that specifically deals with medicalised FGM.

PENALTIES

Under Article 333 of the Penal Code, anyone who is found guilty of performing FGM will be punished with a five-year prison sentence and a fine of 1,000,000 Djiboutian Francs (approximately US$5,6177 ). 

The failure to report FGM, whether performed or planned, is punishable with between one month and one year of imprisonment and a fine of 50,000–100,000 Djiboutian Francs (approximately US$281–5628 ). 

Those who aid and abet the practice of FGM are punishable under Articles 25 and 26 of the Penal Code, which state that accomplices to a crime are liable to the same penalties as the main offender. 

https://2001-2009.state.gov/g/wi/rls/rep/crfgm/10095.htm

https://www.fgmcri.org/media/uploads/Law%20Reports/djibouti_law_report_v1_(july_2018).pdf

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