GUINEA

FGM AND CULTURE 

A variety of forms of female genital mutilation (FGM) or female genital cutting (FGC) are widely practiced in Guinea, including Type I (commonly referred to as clitoridectomy), Type II (commonly referred to as excision) and Type III (commonly referred to as infibulation). Some families are starting to opt for a slight symbolic incision on the genitals (Type IV). 

These procedures are practiced without distinction as to ethnicity (Peul, Malinke, Soussou, Guerze, Toma, Nalou), religion (Islam, Christianity, Animism) or region of the country (Upper Guinea, Middle Guinea, Lower Guinea, Forest region). The only variation among the regions is the age at which a young girl undergoes the procedure. These procedures are generally performed without the use of anaesthesia. These practices are firmly rooted in tradition. Girls generally live with their families until they marry. If a girl resists having the procedure, she would likely be mocked by others in her village and would have difficulty in finding a husband. 

Guinea has the second highest prevalence of FGM worldwide, after Somalia. Although FGM is forbidden by law, it is practised in every region, by all ethnic or religious group and social class. In Guinea, FGM is an initiation rite, not only in the transition from childhood to adolescence and adulthood, but also to prepare the young girl for active life within specific communities. Groups of girls from multiple families are usually excised together, either at home or in camps established for the purpose, with or without ceremonies and festivities. FGM usually takes place during school holidays or at harvest time. There is an increasing trend to fewer celebrations and an increase in individual excisions, because of limited financial resources and a desire for greater discretion, due to the potential for legal sanctions. The excision of infants or very young girls is easier to hide from the authorities than the ceremonious excision of large groups.

As throughout West Africa, FGM is usually practised in Guinea by traditional excision practitioners, often women. The excision is usually carried out without anaesthesia or modern hygiene. The wound is treated with traditional concoctions of plants, ash and mud. The cut is made with knives or razor-blades; previously the same knife would be used on all the girls but following awareness campaigns and greater medicalization of FGM, some practitioners have abandoned their traditional tools and use a new razor blade for each girl. Excision practitioners do not always disinfect their hands between each intervention. 

The 2012 National Demographic and Health Study (EDS) indicates a trend towards greater medicalization of FGM in Guinea. Although 79% of women aged 15 to 49 were excised by traditional practitioners, the proportion falls to 66% among girls aged 0-14. Health personnel, principally midwives, are increasingly involved, despite the 2010 decree prohibiting the practice of FGM in public or private health institutions. 

In some areas, health personnel practise a simulated or symbolic excision, usually a pinch or scratch leading to a small release of blood. This technique is said to be practised mainly in small urban health centres where supervision by health services is limited. Its object is to avoid girls suffering from stigma because they are not excised. 

Forest, animist, communities, particularly the Guerzé, practise excision in collective procedures, regularly organised, which gather up to 500 girls and women into a single camp and involve costly and spectacular ceremonies. Traditional excision practitioners, known as Zowo, identify the place where the camp will be built, often in isolated areas close to a river or water source. Excision takes on religious overtones, with the "Nyömou" or sacred forest spirit "giving birth" to initiates during a ceremony. Previously, tradition maintained a calendar for excision, often just before marriage, but today even 2 year-old girls may be excised. and the duration that girls spend in the camps – formerly up to 3 years – has been reduced to a few weeks. Girls who have been excised no longer wear traditional clothing, though they continue to wear a specific uniform and the traditional musical instruments that accompanied the ritual have been replaced by hifi. Excision may cost the parents between 2 and 3 million Guinée francs (roughly 300-400 USD), and often it is the family's ability to pay which determines the age at which a girl is excised. Mother and daughter(s) may be excised on the same day. Following the post-excision healing period, each family must organise in turn a welcome ceremony for the women and girls who have been excised. Excised women and girls are given an additional name, often reflecting their character, social role or physical characteristics.

Broadly speaking, non-excision of girls is considered dishonourable in Guinean society. This is indicated by the use of the term "washing"; as non-excised girls are considered "dirty", and in every Guinean community, to say that a woman is not excised is a grave insult. Social pressure is such that girls may request excision for fear of being excluded or forced to remain unmarried if they do not suffer the practice. In most countries where FGM is practised (19 out of 29), women and girls are largely in favour of abolishing the practice; in Guinea, in 2012, 76% of women and girls wanted the practice to continue– up from 65% in 1999. 

Despite its health risks, many women perceive FGM as a symbol of female power, an affirmation of self and a liberation from male oppression. The daily lives of many women and girls involves submission, hard labour and deprivation, without the possibility of participating in decision-making. Excision gives women and girls an identity, a certain social and adult status, collective recognition and a sense of belonging to a community. Moreover, the period of initiation ceremonies is free of male authority and daily chores. When they leave the excision camps, girls receive presents, clothes, jewels and food, factors which contribute to encouragement and acclaim for the practice. 

The persistence of FGM is also linked to superstition. Medical complications are often attributed to spirits or devils. The excision practitioners may be said to have magical powers. It should be noted that in the first decade of the 21st century, Guinea suffered repeated rebel incursions as a result of armed conflicts in neighbouring countries. These developments heightened a withdrawal into community ties, particularly in Guinée forestière, which has suffered inter-ethnic violence. In this context, initiation camps may be viewed as a cultural affirmation and a form of protection against enemy groups. 

In numerous West African communities, including Guinea, virginity until marriage and female conjugal fidelity are viewed as of great importance. Ablation of the clitoris as a means of domination of women's sexuality is congruent with cultures of male domination. Excision is viewed as a way to preserve these virtues, limit women's desire, prevent masturbation and preserve morality, chastity and fidelity. Some believe that FGM improves sexual intercourse and procreation.

FGM AND LAW

Guinea has a civil law system based on the French model. 

The Constitution of Guinea (2010) does not specifically refer to violence against women and girls, harmful practices or FGM, but Article 5 places obligation on the State to respect and protect the human person and their dignity, and Article 6 protects physical integrity, affirming that ‘no one shall be subjected to torture, to pain [peines] or to cruel, inhuman or degrading treatments.’ Article 8 states, ‘All human beings are equal before the law. Men and women have the same rights’, and Article 23 places responsibility on the State to ‘promote the well-being of the citizens, to protect and to defend the rights of the human person and the defenders of human rights. 

The Guinean Government has had legislation prohibiting FGM since 1965. This was followed by several decrees and ministerial orders in the 1990s and 2000s, which have since been revoked.

The principal legislation now governing FGM in Guinea is Law No. 2016/059/AN (the Criminal Code 2016), in which Articles 258–261 prohibit FGM whether performed by traditional or modern methods. In addition, Law L/2008/011/AN (the Children’s Code 2008) criminalised violence against children and explicitly addressed FGM under Articles 405–410. 

Chapter V, Section II: Female Genital Mutilation of the Criminal Code 2016 provides a definition of FGM under Article 258- ‘Female genital mutilation refers to any partial or total removal of the genitalia of girls or women or any other operations concerning these organs. Article 258 goes on to state that all forms of FGM are prohibited in the Republic of Guinea; in particular:

  • Partial or total removal of the clitoris.
  • Removal of the labia minora or majora.
  • Infibulation, which consists of sewing the labia minora or majora, leaving only the meatus (i.e. opening). 

Article 259 states that anyone practising FGM, whether by traditional or modern methods, or promoting or participating in these practices in any way is guilty of voluntary violence on the woman or girl. Parents of the child and any other person with authority over or custody of the child who authorises or promotes FGM will be subject to the same punishment as those who perform the excision. 

The Criminal Code 2016 does not specifically oblige a person to report awareness of FGM; more generally, Article 298 states that the failure to prevent either a crime or an offence against the bodily integrity of a person is punishable. Anyone who voluntarily fails to provide assistance to a person in danger of such an offence may also face punishment. A duty to report FGM is, however, contained in the draft Children’s Code (see below)

Other laws that are also relevant to FGM in Guinea include:

  • Chapter IV, Section VII: Violence Against Children of the Children’s Code 2008 sets out the same definition (under Article 405) and prohibition of FGM (in Articles 406–410) as the later Criminal Code 2016. Article 410 additionally places an obligation on public and private health facilities to report cases of FGM to relevant public authorities.
  • Articles 338–339 of the draft Revised Children’s Code provides for an independent duty to report as soon as one notes or suspects physical or mental harm, sexual abuse, negligence or abuse of a minor (under 18 years of age), even if bound by professional secrecy. However, this new code has not yet been enacted. 
  • Law/010/2000/AN of July 2000 on Reproductive Health in the Republic of Guinea includes Article 6, which prohibits any forms of violence or sexual abuse and states that individuals have the right not to be subjected to torture and cruel, inhuman or degrading treatments on his or her body in general and on his or her reproductive organs in particular. Article 13 provides that FGM is criminalised and punishable under the law.
  • Article 259 of the Criminal Code 2016, prohibiting the practice of FGM by ‘traditional or modern methods’, applies universally, including to medical practitioners. It further stipulates that the maximum sentence shall be applied when FGM is practised ‘in a public or private health structure and facilitated by a person belonging to the paramedical or medical staff, in particular doctors, nurses, midwives and technicians.’ 
  • In addition, Article 410 of the Children’s Code 2008 requires heads of public and private health structures to ensure that victims of FGM seeking assistance in their centres or establishments are provided with the appropriate medical attention. It also requires them to promptly inform the relevant public authorities, so they may monitor the victim’s condition and initiate legal proceedings as set out in the Code.
  • Chapter V, Section II on FGM in the Criminal Code 2016 does not directly criminalise or punish cross-border FGM. More generally, however, under Article 12 of the Criminal Code 2016, any offence committed in another country by a citizen or resident of Guinea will be punishable if it qualifies as a crime under Guinean law and is punishable by the law in the place where it takes place. It also applies if the crime is committed by a foreigner outside of the territory of the Republic, when the victim is Guinean. The punishment cannot be superior to the one applicable pursuant to the law of the country where the offence is committed. Cross-border FGM carried out between Guinea and neighbouring countries such as Mali, Liberia and Sierra Leone, where national legislation to ban FGM is still not in place, would therefore not be punishable. 

PENALTIES

The Criminal Code 2016 under Article 259 establishes the following penalties in relation to performing, procuring, aiding and abetting FGM:

  • Anyone practising FGM, whether by traditional or modern methods, or promoting or participating in these practices in any way, is punishable by imprisonment for a minimum of three months up to two years or a fine of 500,000 to 2,000,000 Guinean francs (approximately US$55–2206), or both.
  • If the act was premeditated or if the victim was ambushed, the prison term is from two to five years or a fine of 1,000,000 to 3,000,000 Guinean francs (approximately US$110–3307), or both.
  • Parents of the child or any other person with authority over or custody of the child who procures or assists FGM will be subject to the same punishment as those who perform the excision. 
  • The maximum sentence shall be applied when FGM is practised in a public or private health structure and facilitated by a person belonging to the paramedical or medical staff, in particular, doctors, nurses, midwives and technicians. 
  • In addition, under Article 260, if FGM leads to disability, the perpetrators shall be sentenced to five to ten years in prison or a fine of 1,000,000 to 3,000,000 Guinean francs (approximately US$110–3308), or both. 
  • If the FGM results in death, under Article 261 the perpetrators will be punished with five to twenty years’ imprisonment. 
  • The Children’s Code 2008 had previously set out the same penalties for FGM under Articles 407–409 (with the exception of a smaller fine for practising FGM, which has subsequently been raised in the Criminal Code). 
  • Failure to provide assistance to a person in danger or to prevent a crime or offence against the bodily integrity of a person generally is punishable under Article 298 of the Criminal Code 2016 by one to five years’ imprisonment and a fine of 1,000,000 to 5,000,000 Guinean francs (approximately US$110–5509).

CASES

A few cases have been reported since 2010, but it appears that the courts were lenient, giving only suspended sentences and/or small fines.

  • In July 2014, the Court of First Instance in Conakry convicted a perpetrator of FGM (a woman aged 82) to a two-year suspended prison sentence and a fine of 1,000,000 Guinean francs for violating Articles 405, 406 and 407 of the Children’s Code.
  • In January 2015, the Court of First Instance in Faranah convicted a perpetrator of FGM to a one-year suspended prison sentence and a fine of 500,000 Guinean francs for violating the Criminal Code and the Children’s Code.
  • In July 2015, the Justice of the Peace of Gueckedou convicted a perpetrator of FGM to a sixmonth suspended prison sentence and a fine of 500,000 Guinean francs for violating the Criminal Code and the Children’s Code by performing FGM on a nine-year-old girl.

FGM AND RELIGION

UNICEF found that 68% of Guinean women and 57% of men viewed excision as a religious practice, notably of Islam. This belief is propagated by some religious leaders, despite the 2007 religious edict or fatwa by the al-Azhar Council of Islamic Research which states that FGM have no basis in Islam and constitute a sin. There is also a widespread perception that excision is a hygiene issue which enables women to pray properly.

In 2014, the General Secretariat for Religious Affairs, a Government body charged with regulating religious affairs, declared that FGM was not an Islamic obligation and organised a number of workshops for imams on the subject. The Roman Catholic Church also prohibited excision in an open letter by the Archbishop of Conakry to all believers in 2012.

 SOURCES

https://2001-2009.state.gov/g/wi/rls/rep/crfgm/10101.htm

https://www.ohchr.org/Documents/Countries/GN/SummaryReportGenitalMutilationGuinea_EN.docx

https://www.fgmcri.org/media/uploads/Law%20Reports/guinea_law_report_v2_(july_2021).pdf