FGM AND CULTURE 

The most common form of female genital mutilation (FGM) or female genital cutting (FGC) practiced in Somalia is Type III (commonly referred to as infibulation and in Somalia, the "Pharaonic circumcision"). Eighty percent of all genital procedures for women and girls consist of this form which is the most harmful form. The less radical or Type I (commonly referred to as clitoridectomy and in Somalia sometimes called "sunna") is practiced mainly in the coastal towns of Mogadishu, Brava, Merca and Kismayu. The procedures leave a lifetime of physical suffering for the women.

FGM in Somalia is deeply rooted in cultural norms and practices. There has been a gradual shift from the pharaonic to the sunna type of FGM, although misconceptions on what constitutes the latter are high. Mothers often perceive sunna as a less grievous form of FGM and agree to subject their daughters to it as a way of promoting social acceptance.

In Somalia, social drivers and root causes of FGM stem from gender inequality, including a desire to control female sexuality, support for religious narratives, limited access to education and economic opportunities for girls and women and assurance of girls’ or women’s social status, chastity or marriageability. The practice has persisted as a result of beliefs that uncut women and girls are promiscuous, unclean and physically undesirable.  

In Somalia, 99 percent of girls and women between the ages of 15 and 49 have undergone the procedure – the majority were cut between the ages of five and nine, according to the 2020 Somali Health and Demographic Survey. Despite United Nations resolutions calling for the elimination of FGM, the practice remains near universal in Somalia with a 99 per cent prevalence rate. Recent estimates indicate that more than 2.1 million girls in Somalia are at risk of FGM between 2015 - 2030. 

Many Somalis mistakenly view this procedure as a religious obligation. The concept of family honour is also involved. It is carried out to ensure virginity. Because the virginity of daughters and family honour are related, it is believed that the family’s honour will also remain intact if the daughters are subjected to this procedure. Women who have not undergone this procedure may be thought of as having loose morals. A girl who has not undergone it will result in less bridewealth for her father and brothers.

There are several other rationales expressed for the practice in Somalia. Some men claim the artificial tightness heightens sexual enjoyment. Some say the smoothness of the scar is aesthetically beautiful.

Type III is the excision (removal) of part or all of the external genitalia (clitoris, labia minora and labia majora) and stitching or narrowing of the vaginal opening, leaving a very small opening, about the size of a matchstick, to allow for the flow of urine and menstrual blood. The girl or woman’s legs are generally bound together from the hip to the ankle so she remains immobile for approximately 40 days to allow for the formation of scar tissue. In the cities, these procedures generally take place in a medical facility under anaesthesia. If the operation is performed in a rural village, an old woman excisor performs the procedure without anaesthesia. The excisors in Somalia, unlike in some other African countries, are not highly respected. They do not wield influence or have much status within the traditional power structure.

Somalia’s legal system is a mixture of civil law, Islamic law and customary law (referred to as Xeer). 

The Constitution of Somalia (2012) states at Article 4, ‘After the Shari'ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country.’ It protects human dignity and equality under Articles 10 and 11 respectively, and, most significantly in relation to FGM, sets out under Article 15(4) that: Circumcision of girls is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.

Article 29(2) further provides, ‘Every child has the right to be protected from mistreatment, neglect, abuse or degradation.’ 

There is currently no national legislation in Somalia that expressly criminalises and punishes the practice of FGM. 

The Penal Code, Law No. 05/1962 (the Penal Code), which came into force on 2 April 1964, is applicable to all jurisdictions in Somalia (and Somaliland) and makes it a criminal offence to cause hurt to another that results in physical or mental illness. 

In 2015, it was reported that work had begun to initiate a bill that would criminalise FGM across all of Somalia, and the Ministry of Women Affairs and Human Rights has declared its willingness to introduce FGM-eradication laws in Somalia; however, no specific bill has yet been proposed.

Specifically, in Puntland, there is currently FGM legislation awaiting parliamentary approval, and in 2016 the Sexual Offences Act was enacted, which demonstrates a commitment to addressing harmful practices. An Islamic ruling (fatwa) against FGM has also been signed in Puntland.

There is no definition of FGM in either the Constitution (in which it is referred to as ‘circumcision of girls’) or in the religious fatwa, which simply states that it ‘bans all forms of female genital mutilation/cutting (FGM/C)’. There is no reference to whether the prohibitions cover only those who perform FGM, or if it could also include those who plan, procure, aid or assist acts of FGM, or who fail to report FGM that has already, or is due to, take place.