TOGO

FGM AND CULTURE

Female Genital Mutilation is an integral part of the exercises most practiced by many people from the Tchaoudjo region in northern Togo. Female Genital Mutilation also know as “excision” in historical and community French, is a form of human rights violence and a serious attack on the physical integrity of its victims. There are a number of reasons for the practice, and the drastic rise in the prevalence rate in northern Togo.

In Tchamba, not far from the Togo border, the lack of financial resources is the main reason. These women feel at ease in their daily lives and don't worry much about the outcomes. Despite causing continuous harm to others, they don't hesitate to attribute it to nature. They are untroubled by the idea that a patient might die during their procedures, seeing it as fate at work.

The type of Female Genital Mutilation (FGM) or Female Genital Cutting practised in Togo is Type II (commonly refer to as excision). It is practised in four of Togo’s five prefectures, with the highest incidence being in the prefecture of Sokode. It transcends religious and ethnic groups. This type typically takes place on girls older than six or seven years, except among the Peul, where infants are often mutilated. It could take place just before a woman is married.

The practice is often carried out as part of a “coming of age” ceremony and is accompanied by festivities and gifts when the girl or woman recovers (usually cited as one to two weeks). The parents pay for the procedure and festivities, unless the girl is already affianced, in which case the fiance's family contributes to the cost. In areas where it is practised, an excised girl commands higher bridewealth than a non-excised girl. 

Depending on the region and the ethnic group, fees for performing the procedure range from US$40 to $10. If the girl or woman is not a virgin, fees are adjusted upward and are accompanied by extra gifts such as chickens. Women are the primary guardians of the puberty rite, which is tied closely to women’s status and power. The procedure is normally carried out by women and is generally performed without anaesthesia.

There are many customary beliefs surrounding this practice. One is that the person undergoing the procedure must be a virgin and that the blood of a non-virgin going through the procedure could blind the women carrying out the procedure. According to a survey from 28 Too Many, 73% of Togo women, aged 15 to 49, have heard of FGM; of these, 94.5% believe the practice must end.

FGM AND LAW

Togo has a civil law system based on the French model mixed with customary law. The constitution of Togo (1992, amended 2007) does not specifically refer to violence against women and girls, nor does it address harmful practices or FGM. Article 13 places obligation on the state to guarantee each person’s life, security, physical and mental integrity, and Article 21 states; “The human person is scared and inviolable” and, “No one may be submitted to torture or to other forms of cruel, inhuman or degrading treatments.” 

The main law, Law No. 98-016, bans all forms of FGM in Togo and defines FGM as the total or partial ablation of the external genital organs of infant girls, young girls or women and/or all other operations concerning these organs. However, Article 2 also states that surgical operations on genital organs performed under medical prescription are excluded from this category. Article 3 sets out that any person, whether using traditional or modern methods, who performs, procures or promotes FGM is guilty of voluntary violence against the person that is cut and is subject to punishment. Article 6, however, exempts from these provisions the parents or relatives (up to and including the 4th degree) of the perpetrators or accomplices. Article 6 also creates a positive obligation on any person to report any FGM-related offence to a public authority, whether the act of FGM has already occurred, is in progress or is being planned. The failure to do so is subject to punishment. 

Article 217 of the Penal Code also bans all forms of FGM in Togo, and Article 218 gives the same definition and exceptions as Law No. 98-016. Articles 219–221 criminalise and punish anyone who practises or promotes FGM and is thus guilty of voluntary violence. Article 222 also punishes the failure to report to the public authorities FGM that has taken place, is in progress or is being planned.

In addition, the following laws in Togo address FGM:

  • Law No. 2007-005 on Reproductive Health4 addresses the rights of women to reproductive health in Chapter 2, and Article 11 states that no woman should be subjected to torture and/or violence including rape, forced and child marriage, and FGM. 
  • Law No. 2007-017, the Children’s Code5, states under Article 243 that no child (defined as anyone under 18 years of age) shall be subjected to traditional or modern practices harmful to their well-being, and in Articles 360–365 defines FGM and criminalises and punishes those who practise, promote or fail to report it, in line with the main law, Law No. 98-016.

The current laws in Togo do not directly address FGM if it is carried out by a health professional or in a medical setting. Surgical operations on genital organs performed in accordance with a medical prescription are excluded from the general prohibition of FGM under both Article 2 of Law No. 98-016 and Article 218 of the Penal Code. The basis (medical or otherwise) on which such surgical operations can be prescribed is not defined, however.

Article 7 of Law No. 98-016 places an obligation on those responsible for public and private health facilities to ensure that victims of FGM receive the most appropriate care in their centres or on their premises. They are also required to inform the relevant public authorities without delay, so they can follow up on how the victim came to have had FGM, and to carry out any necessary legal action.

PENALTIES
Both Law No. 98-016 and the Children’s Code establish the following criminal penalties for their violation: 

  •  Anyone found guilty of performing, participating in or promoting FGM is subject to two months’ to five years’ imprisonment (under Article 4 of Law No. 98-016) or two-to-five years’ imprisonment (under Article 362 of the Children’s Code) and/or a fine of 100,000 to 1,000,000 CFA Francs under both laws (US$177–1,7696). The penalties will be doubled in the case of a repeated offence. 
  • If FGM results in the death of the victim, Article 5 of Law No. 98-016 and Article 363 of the Children’s Code increase the punishment to five-to-ten years’ imprisonment. 
  • Failure to report FGM to the public authorities, whether it has already been carried out, is taking place or is planned, is punishable under Article 6 of Law No. 98-016 and Article 364 of the Children’s Code with one month’s to one year’s imprisonment or a fine of 20,000 to 500,000 CFA Francs (US$35–885). 

The more recent Penal Code of Togo also sets out penalties for FGM that differ from the above: 

  • Article 220 punishes anyone guilty of practising or promoting FGM with five-to-ten years’ imprisonment and/or a fine of 5,000,000 to 25,000,000 CFA francs (US$8,845–44,211). The penalties will be doubled in the case of a repeated offence.
  • If FGM results in the death of the victim, Article 221 increases the punishment to 20-to-30 years’ imprisonment and a fine of 20,000,000 to 50,000,000 CFA Francs (US$35,370– 88,425).  
  • Failure to report FGM to the public authorities, whether it has already been carried out, is taking place or is planned, is punishable under Article 222 with one-to-five years’ imprisonment or a fine of 1,000,000 to 5,000,000 CFA Francs (US$1,769–8,845).

 

SOURCES

https://rflgd.org/2022/01/01/etat-des-lieux-sur-la-situation-des-mutilations-genitales-feminines-au-togo/
https://www.fgmcri.org/media/uploads/Law%20Reports/
https://2001-2009.state.gov/g/wi/rls/rep/crfgm/10111.htm#
https://www.ghanaweb.com/GhanaHomePage/africa/Akpema-the-initiation-rites
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