NIGERIA

FGM AND CULTURE

Type I (commonly referred to as clitoridectomy), Type II (commonly referred to as excision) and Type III (commonly referred to as infibulation) are the most common forms of female genital mutilation (FGM) or female genital cutting (FGC) practiced in Nigeria. Type IV is practiced to a much lesser extent. These procedures can take place anytime from a few days after birth to a few days after death.

In Edo State, for example, the procedure is performed within a few days after birth. In some very traditional communities, if a deceased woman is discovered to have never had the procedure, it may be performed on her before burial. In some communities it is performed on pregnant women during the birthing process and accounts for much of the high morbidity and mortality rates. It varies among ethnic groups.

In Nigeria, traditional healers, traditional circumcisers, traditional birth attendants and community members (usually women) are known to perform FGM and this is similar to other African countries. Through the process of medicalization, modern health practitioners and community health workers also practice FGM.

Unless performed in medical facilities, it is generally performed without the use of anaesthesia. In the South-Western Yoruba speaking region of Nigeria, the traditional circumcisers who specialise in circumcision of both male and female genitalia are called the ‘Olola’.

In the South-Eastern regions, the traditional birth attendants (TBAs) remain identifiable as the indigenous practitioners. These circumcisers serve as custodians of information on procedures and oftentimes the history of circumcision. A common characteristic observed amongst the circumcisers is their shared passion about health and cultural preservation. Majority of them have little education and do not appear to have any form of formal medical training.

There is a notable inconsistency in the types of FGM/C practiced even within the same state or community. While one practitioner attest to cutting off the clitoris, another shares that he cuts the prepuce and not just the clitoris. Enquiries with health practitioners, especially midwives, that have experience of examining the genitals of mutilated women validates this inconsistency. There is no formalized way of circumcising women in Nigeria but there are similarities in the way FGM is performed. 

Non-medically approved tools and procedures have been adopted across different communities for FGM and this predisposes survivors/victims to varying forms of grievous consequences at the time of mutilation or in the future. Different forms of local leaf; cassava leaf, fermented charcoal, snail juice, herbs and more are used to treat injury from the procedure.

Sample tools used by circumcisers for the female genital cutting procedures.

         

 

Other rituals are attached to the actual mutilation ceremony to make it appealing. In Ohaukwu, Ebonyi state for example, the circumcised girl is adorned with body decorations. Through the healing period, coloured powder is rubbed over her body for easy identification. In Ikwo also of Ebonyi state, extended rites are observed for FGM in a bride-price-like ceremony.

Gifts of money, clothing and other valuables from the family of a groom to the family of the mutilated bride are exchanged. The presentation of this gift is often marked with a ceremony after the mutilated girl is fully married and pregnant. Such rites make FGM very attractive as it is perceived to be prestigious and a status determinant by the community at large; this therefore discourages efforts to abandon FGM. 

There are so many reasons why FGM is practiced in Nigeria. It ranges from cultural reasons to its being used to curb illicit sexual appetites of women and girls in the country. In Enugu State, FGM is normally done due to the patriarchal system which is obtainable in most communities in the State, which ensures male dominance over women. It is seen as a way in which the male folks subject and impose themselves on women.

Another reason is that FGM is also often considered a religious/cultural obligation e.g. right of passage into adulthood, Female Genital Cutting as part of Naming ceremony etc. Infertility is another factor that drives FGM/C in some communities. It is believed that a woman who has not been mutilated is more likely to be infertile than one who has been cut.

In a patriarchal society like Nigeria where a child is the best assurance of security for most women they will do everything recommended to avoid the contempt of barrenness.

FGM in Nigeria is a tradition that has been upheld for centuries to maintain male dominance. It is performed to ensure women keep their virginity, to provide men with greater pleasure during sexual intercourse and to remove genitalia that appears unattractive to the male eye. Men make decisions regarding women’s bodies without considering how their choices negatively impact women and girls.

It will be common to hear the local slurs used on women from communities that do not practice FGM/C. For instance in the Yoruba speaking Ijebu Community of South-Western region where FGM/C is not practiced, their women are referred to as ‘Ijebu onibo ‘ndi’ (The Ijebu with a gun in her genitalia).

Such is also present in the South-Eastern region where in some cases it pressures unwilling parents to mutilate their daughters. An uncut girl in some communities is referred to with derogatory names such as “Akpapi” 

An analysis of data from the Nigeria Demographic and Health Survey (NDHS, 2013) shows that the practice is prevalent in the South-West and SouthEastern region of Nigeria3 with prevalence rates of 47.5% and 49% respectively. States with the highest rates are Osun (76.6%), Ebonyi (74.2%) and Ekiti (72.3%) while Katsina has the lowest rate of 0.1%.

Contrary to many people’s assumption, FGM/C is noted to be more prevalent in the urban area than the rural area with a difference of 13% rating (MICS, 2011). 

FGM AND LAW

Nigeria has a federal system of government comprising 36 states, and a mixed legal system of English common law, Islamic law (in 12 northern states) and traditional law. The legal system is complex and both levels of government play a role in the enactment of laws prohibiting FGM in Nigeria: although the federal government is responsible for passing general laws, the state governments must then adopt and implement them in their respective states. 

The Constitution of the Federal Republic of Nigeria (1999) does not specifically refer to violence against women and girls, harmful traditional practices or FGM; Articles 15(2) and 17(2) prohibit discrimination and set out equality of rights respectively, and Article 34(1) provides that every individual is entitled to respect for the dignity of their person and, accordingly, no one ‘shall be subject to torture, or to inhuman or degrading treatment.’

The Violence Against Persons (Prohibition) Act, 2015 (the VAPP Act), which came into force on 25 May 2015, is the first federal law attempting to prohibit FGM across the whole country. The VAPP Act aims to eliminate gender-based violence in private and public life by criminalising and setting out the punishment for acts including rape (but not spousal rape), incest, domestic violence, stalking, harmful traditional practices and FGM. 

The VAPP Act, as a federal law, is only effective in the Federal Capital Territory of Abuja, and, as such, the remaining states must pass mirroring legislation to prohibit FGM across the country. Prior to the VAPP Act, several states had already enacted state laws dealing with child abuse, child protection issues, violence against women and girls and criminalising the practice of FGM, including: 

  • Bayelsa State – FGM (Prohibition) Law (2004) 
  • Cross River State – The Girl-Child Marriages and Female Circumcision (Prohibition) Law (2000) 
  • Ebonyi State – Law Abolishing Harmful Traditional Practices Against Women and Children (2001) 
  • Edo State – Prohibition of Female Genital Mutilation Law (1999) 
  • Enugu State – FGM (Prohibition) Law (2004) 
  • Rivers State – Child Rights Act (2009)
  • Oyo State - Violence Against Person Prohibition Act (2015) 

The Sharia Penal Codes of states including Zamfara, Kano Kebbi, Kaduna and Sokoto are in place to protect children against various forms of physical and psychological violence. 

The VAPP Act does not provide a clear definition of FGM; Section 6(1) of the law opens with the simple statement, ‘The circumcision or genital mutilation of the girl child or woman is hereby prohibited.’ 

  • Section 6(2) criminalises and punishes anyone who performs, or engages another to perform, female circumcision or genital mutilation. 
  • Section 6(3) criminalises and punishes anyone who attempts to perform, or engage another to perform, the practice. 

 In addition, the National Health Act 2014 under Section 48(1) addresses the removal of tissue, blood or blood products from the body of another living person. The action is liable to prosecution unless it is done with the informed consent of that person, for medical investigations and treatment in emergency cases (where the consent clause may be waived) and in accordance with prescribed protocols by the appropriate authority. Section 48(2) also states, ‘A person shall not remove tissue which is not replaceable by natural processes from a person younger than eighteen years

PENALTIES

The VAPP Act establishes the following criminal penalties for violation: 

  • The performance of FGM or engagement of another to perform FGM carries a punishment of imprisonment not exceeding four years or a fine not exceeding 200,000.00 Naira (US$554.808), or both. 
  • Attempting to perform FGM or engaging another to perform FGM carries a punishment of imprisonment not exceeding two years or to a fine not exceeding 100,000.00 Naira (US$277.309), or both.  
  • Anyone who incites, aids, abets, or counsels another person to perform FGM or engage another to perform FGM is liable on conviction to a term of imprisonment not exceeding two years or to a fine not exceeding 100,000.00 Naira (US$277.3010), or both. 
  • Some individual states set out their own penalties for FGM. For example: 

    • Cross Rivers state – The Girl-Child Marriages and Female Circumcision (Prohibition) Law (2000), Section 4 sets out that any person who performs FGM, offers herself for FGM, coerces, entices or induces another to undergo FGM or allows any female who is either a daughter or ward to undergo

FGM is liable on conviction to a fine of not less than 10,000 Naira (US$27.7011) or to imprisonment not exceeding two years for a first offender (and to imprisonment not exceeding three years without an option of fine for each subsequent offence). 

  • Ebonyi state – Following introduction of the VAPP Act, it brought in a five-year prison sentence for anyone who carries out FGM. 
  • Edo state – The Prohibition of Female Genital Mutilation Law (1999) sets out the penalty for performing FGM as not less than three years’ imprisonment or a fine of not less than 3,000 Naira (US$8.3012) or both.
  • Rivers state – The Child Rights Act (2009), Section 25 sets out that any person who directly or indirectly causes a female child to be subjected to FGM is liable on conviction to a fine not exceeding 50,000 Naira (US$138.6014) or imprisonment for a term of one year, or both. 
  • Oyo State - Violence Against Person Prohibition Act (2015) Section 6 sets out that any person who performs female circumcision or genital mutilation or engages another to carry out such circumcision or mutilation is liable on conviction to a term of imprisonment not exceeding 4 years or to a fine not exceeding N200,000.00 or both, and the person who attempts, or counsel another person to commit the offence is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #100,000 or both.

In addition: 

  • Punishments for medical malpractice under the Medical Act (2004), Section 16(2) include being struck off the relevant professional register or suspension from practice for a period not exceeding six months. 
  • A person who commits an offence regarding the removal of tissue under the National Health Act 2014 will be punished under Section 48(3)(a) with a fine of 1,000,000 Naira (US$2,77315) or imprisonment of not less than two years, or both. 

 

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