index of 2005 Conference papers

FEMALE GENITAL MUTILATION:
Violation of Women's Human Rights in Nigeria

Rufai Jimoh
Nigeria

INTRODUCTION

All the state constitutions in the world system contain a broad chapter of fundamental human rights displaying arrays of rights spanning the right to life, pecuniary rights, property rights and rights regarding beliefs. All these rights stem from American declaration of human freedom following the end of American Civil War of 1789. The Netherlands in 1796, Luxembourg 1815, Germany 1948, Norway 1814 and Sweden 1966 embodied fundamental human rights in their constitution. Following the end of the world wars and declaration of Wiston Church on freedom of state many new states joined the trends of globalization and immediately enacted the “norms of Juscoejean” which is christened as rules of civil state. This made fundamental rights something that is binding on all states to observe.

In Africa , Ghana was the first state in 1957 followed by Nigeria in 1960 while in the far East, India 1949, Pakistan followed in 1951, South Korea in 1958.

The end of the Second World War brought about unprecedented changes in global system such includes internationalization of political ideologies such as right and freedom of citizens, united nation declaration of human rights 1949 and Africa Charters of human rights 1961 and 1970.

All these while, human rights were not seen as health issue, conscious efforts was only made in 1995 at the National Council of International Health (NCIH) conference where professional in health, law and social science met at Columbia University, the land mark of this historical event was the recognition of fundamental human rights as health issue. Earlier, before this conference, in 1948, following the establishment of WHO a re-definition of health was propounded, in that definition it becomes clear that health is holistic which touches all aspect of human nature the implication of this is that in subtle way health is an aspect of human right, health is no longer only biological concern.

"Rights" are more or less a political and legal term, but globalization has made rights go beyond political and legal jurisdiction. We can look at it from economic angle and from health issue.

The core right is the right to life which has to do with survival. Since health has to do with harmony between mind and body to ward off death, then the extension of right to life as a health issue becomes imperative.

Moreover, the evaluation of supra-national organization such as UNO has made it incumbent on the states to develop formal legal document defining human rights and fundamental freedom. Key document that have spring up are international convention on civil and political rights, the international covenant on economic, social and cultural rights, the convention on the elimination of all forms of discrimination against women. The covenant on the rights of the children and lastly the covenant dealing with `slavery .In all these, there are provision particularly touching on human health. The right to health as articulation in these instruments has since become norms of civilized states. Upon careful examination of Nigeria constitutions of 1979, 1985, 1989, 1995, and 1999, health rights feature prominently. Thus, the constitution is the most important for providing protection for women. Although the applicable provisions are indirect, for example there are provision in chapter II on the equality of the sexes and the prohibition of discrimination in all forms.

Thus, under section 15 (2), the government is charged with the responsibility of promoting national unity and sense of belonging and loyalty among it citizens and accordingly discrimination on the ground of origin, sex, religion, status, ethnic or linguistic association or ties is prohibited. Section 17 of the constitution espouses the ideals of freedom, equality, justice, human dignity and the sanctity of the human persons as well as the provision of adequate infrastructure for leisure, social, religions and cultural life, medical and health facilities for all persons and protection for children and young persons from all exploitation and from moral and material neglects.

Unfortunately, these provision that directly address the rights of women are non-justice able and cannot be legally enforced in a court of law, because section (6) of the constitution prevent the courts from looking into whether or not the fundamental objectives and directive principles of state policy have been implemented if states:

“ The judicial powers rested in accordance with the fore going provision of this section . . . shall not, except as other wise provided by this constitution, extend to any issue or question as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive principles of state policy set out in Chapter II of this constitution.”

One of the rights that are denied women in Nigeria is the right to health, through female genital mutilation.

What is FGM?

The World Health Organization (WHO, 1997) defined female genital mutilation (FGM) as all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural or other non-therapeutic reasons.

The World Health Organization also classified FGM into four types:
• Type I. Excision of the prepuce, with or without excision of part or all of the clitoris.
•Type II. Excision of the clitoris with partial or total excision of the labia minora.
•Type Ill. Excision of part or all of the external genitalia and stitching/narrowing of the vaginal opening (infibulation).

•Type IV. Unclassified: this includes pricking, piercing or incising of the clitoris and/or labia; stretching of the clitoris and/or labia cauterization by burning of the clitoris and surrounding tissue.

Female Genital Mutilation (FGM), also known as female circumcision, or female genital cutting, has been practiced for several thousand years in almost 30 African and Middle Eastern nations. It is also practiced, to a lesser extent, in parts of Asia . FGM is practiced by Muslims, Christians, Jews and followers of traditional African religions.

Why Practice FGM?

For parents, reasons for adhering to the practice range from fear for the daughter's marriage ability and honor, to conformity and insistence by older relatives and the community. Most often the historic reasons cited are marital fidelity, controlling the woman's sex drive, preventing lesbianism, ensuring paternity, "calming" her personality, and hygiene. It is commonly considered an important rite of passage.

FGM practices by country Prevalence Type Benin 5-50% excision Burkina Faso up to 70% excision Cameroon local clitoridectomy and excision Central Afr. Republic 45-50% clitoridectomy and excision Chad 60% excision and infibulation Côte d'Ivoire up to 60% excision DRC (Congo) local excision Djibouti 98% excision and infibulation Egypt 85-95% clitoridectomy, excision and infibulation Eritrea 95% clitoridectomy, excision and infibulation Ethiopia 70-90% clitoridectomy, excision and infibulation Gambia 60-90% excision and infibulation Ghana 15-30% excision Guinea 65-90% clitoridectomy, excision and infibulation Guinea Bissau local clitoridectomy and excision Kenya 50% clitoridectomy, excision and some infibulation Liberia 50% excision Mali 94% clitoridectomy, excision and infibulation Mauritania 25% clitoridectomy and excision Niger local excision Nigeria 60-90% clitoridectomy, excision, some infibulation Senegal 20% excision Sierra Leone 90% excision Somalia 98% infibulation Sudan 90% infibulation and excision Tanzania 18% excision, infibulation Togo 12% excision Uganda local clitoridectomy and excision Based on statistics from Amnesty International and US govt. Female circumcision is frequently described as an "age-old Muslim ritual," when in fact it predates Islam and is even believed to be pre-Judaic. There is no mention of it in the Koran, and only a brief mention in the authentic hadiths, which states: "A woman used to perform circumcision in Medina . The Prophet said to her: 'Do not cut severely, as that is better for a woman and more desirable for a husband.'

Because of this still debated hadz'th, some scholars of the Shari school of Islam , found mostly in East Africa , consider female circumcision obligatory. 'I'he Hanafi and most other schools maintain it is merely recommended, not essential.

In the nineteenth century, women in the United States and Europe were sometimes circumcised because it was believed to relieve epilepsy, hysteria, and insanity. In Africa , FGM practises are mostly not related to Islam itself, although its prevalence is higher in predominatly Muslim countries. While FGM is not practised in Muslim Morocco, it is widespread in Sierra Leone (among Muslims and followers of traditional religions) and it is equally practised by Orthodox Christians and Muslims in Ethiopia .

Conference on women in 1995. the sub-commission on the presentation of discrimination and protection of minorities adopted in which it appealed to all states “to achieve the total elimination of female genital mutilation.

A world Health Organization study reported that an estimated 30.6million women and girls, or about 60 percent of the total population of Nigeria , have undergone genital mutilation. A 1996 United Nations Development Programme study put the figure at 32.7 million.

At its thirteenth session in 1976, the committee on the rights of child expressed its concern at the continuation of the practice of female genital mutilation, and the insufficient measure being taken by the government to address the practice.

NIGERIA: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC): Released by the Office of the Senior Coordinator for International Women's Issues

Practice: 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. The form practiced varies by ethnic group and geographical location. It crosses the numerous population groups and is a part of the many cultures, traditions and customs that exist in Nigeria . It crosses the lines of various religious groups. It is found among Christians, Muslims and Animists alike.

Incidence: With over 250 ethnic groups and an estimated population of 120 million, a national estimate of this practice is very difficult. The most recent survey is a 1999 Demographic and Health Survey of 8,205 women nationally. This survey estimates that 25.1 percent of the women of Nigeria have undergone one of these procedures. According to a 1997 World Health Organization (WHO) study, an estimated 30,625 million women and girls, or about 60 percent of the nation’s total female population, have undergone one of these forms. A 1996 United Nations Development Systems study reported a similar number of 32.7 million Nigerian women affected. According to a Nigerian Non-Governmental Organization (NGO) Coalition study, 33 percent of all households practice one of these forms. However, according to some Nigerian experts in the field, the actual incidence may be much higher than these figures. Leaders of the Nigerian National Committee (also the Inter-African Committee of Nigeria on Harmful Traditional Practices Affecting the Health of Women and Children [IAC]) have been conducting a state by state study of the practice. This 1997 study by the Center for Gender and Social Policy Studies of Obafemi Awolowo University in Ile-Ife, was contracted in 1996 by a number of organizations including WHO, the United Nations Children’s Fund (UNICEF), the United Nations Development Program (UNDP), the United Nations Population Fund (UNFPA), the Nigerian Federal Ministry of Women’s Affairs and the Nigerian Federal Health Ministry. The study covered 148,000 women and girls from 31 community samples nationwide. The results from fragmented data, according to IAC/Nigeria, show the following prevalence and type in the following states in Nigeria . Abia (no study); Adamawa (60-70 percent, Type IV); Akwa Ibom (65-75 percent, Type II); Anambra (40-60 percent, Type II); Bauchi (50-60 percent, Type IV); Benue (90-100 percent, Type II); Borno (10-90 percent, Types I, III and IV); Cross River (no study); Delta (80-90 percent, Type II); Edo (30-40 percent, Type II); Enugu (no study); Imo (40-50 percent, Type II); Jigawa (60-70 percent, Type IV); Kaduna (50-70 percent, Type IV); Katsina (no study); Kano (no study); Kebbi (90-100 percent, Type IV); Kogi (one percent, Type IV); Kwara (60-70 percent, Types I and II); Lagos (20-30 percent, Type I); Niger (no study); Ogun (35-45 percent, Types I and II); Ondo (90-98 percent, Type II); Osun (80-90 percent, Type I); Oyo (60-70 percent, Type I); Plateau (30-90 percent, Types I and IV); Rivers (60-70 percent, Types I and II); Sokoto (no study); Taraba (no study); Yobe (0-1 percent, Type IV); Fct Abuja (no study). While all three forms occur throughout the country, Type III, the most severe form, has a higher incidence in the northern states. Type II and Type I are more predominant in the south. Of the six largest ethnic groups, the Yoruba, Hausa, Fulani, Ibo, Ijaw and Kanuri, only the Fulani do not practice any form. The Yoruba practice mainly Type II and Type I. The Hausa and Kanuri practice Type III. The Ibo and Ijaw, depending upon the local community, practice any one of the three forms.

Attitudes and Beliefs: The Women's Centre for Peace and Development (WOPED) has concluded that Nigerians continue this practice out of adherence to a cultural dictate that uncircumcised women are promiscuous, unclean, unmarriageable, physically undesirable and/or potential health risks to themselves and their children, especially during childbirth. One traditional belief is that if a male child’s head touches the clitoris during childbirth, the child will die.

Type I: Type I is the excision (removal) of the clitoral hood with or without removal of all or part of the clitoris.

Type II: Type II is the excision (removal) of the clitoris together with part or all of the labia minora (the inner vaginal lips).

Type III: 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.

Type IV: Type IV includes the introduction of corrosive substances into the vagina. This form is practiced to a much lesser extent than the other forms in Nigeria . 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. Highly respected women in the community, including traditional birth attendants (TBAs), local barbers and medical doctors and health workers usually perform the procedure. Unless performed in medical facilities, it is generally performed without the use of anesthesia.

Outreach: Much is being done to combat this practice. The campaign against FGM/FGC has long been waged, for the most part, by international, national and non-governmental organizations. IAC/Nigeria holds meetings and programs in both urban and rural communities throughout the country to inform the public about this subject. It uses videos, booklets and the mass media to reach school age children.

In 1997, outreach programs on the dangers of this practice were intensified. In the states of Osun and Bayelsa, nurses and midwives were trained about the harmful health effects and how to select, train and supervise TBAs. There was extensive community outreach to men, women, school children and health workers. Anatomical models, films and posters were used. Posters were distributed in villages. Also actively campaigning against this practice are the National Association of Nigerian Nurses and Midwives, the Nigerian Medical Women’s Association and the Nigerian Medical Association. These three groups in particular are against the legitimization of this practice as a medical necessity for females and are working to inform all Nigerian health practitioners about the harmful effects of the practice. The National Association of Nigerian Nurses and Midwives created a national information package about the harmful effects of the various procedures. WHO, UNDP, DFID of Great Britain and Daneco of Sweden are actively funding Nigerian NGOs in addressing this practice. International organizations have adopted plans of action to eradicate these practices in Nigeria.

WHO has a three-year short-term plan (1996-1998); an eight-year medium-term plan (1999-2006); and a nine-year long-term plan to eventually eliminate this practice from Nigeria and the rest of Africa. Nurses and pediatricians have long campaigned against this practice. They have campaigned nationwide starting with national workshops in Lagos . Trainers were trained who in turn conducted informational activities about this practice at the state and local community levels. A variety of methods were used to get the message across as to the harmful effects. These included dramas, community mobilizations, national television talk shows, radio broadcasts, articles in newspapers, etc. The once taboo subject is now discussed in the open. The government has publicly opposed this practice. Government officials have voiced their support for the campaign against FGM/FGC. Both the Federal Health Ministry and the Federal Ministry of Women’s Affairs support the nationwide study on this issue. In conjunction with a number of House State Assembly members, medical workers, attorneys and NGO representatives, WOPED organized a national policy symposium on FGM/FGC in May 2000. The symposium revealed that over the past decade both government ministries and NGOs have been active and mutually collaborative in studying how to end this practice. However, little has been accomplished beyond the recommendation stage. Nigeria was one of five countries that sponsored a resolution at the forty-sixth World Health Assembly calling for eradication of harmful traditional practices, including FGM/FGC.

Most NGOs working on this issue claim that helping traditional communities change their cultural folklore is necessary to end this practice. Proverbs, songs, theatrical and dance performances and other cultural activities have reinforced this practice for centuries. The NGOs also point out that efforts to end the practice will fail unless Nigerian men learn that uncircumcised women are marriageable, will not be promiscuous and are not poor risks as mothers. DFID of Great Britain is working with IAC/Nigeria on a pilot project with ten excisors. The excisors were educated about the criminalization of FGM/FGC in their state. DFID then purchased deep freezers and ice cream makers for each excisor to start her own business in her community. In each case, the excisor has been earning enough to replace her former practice of FGM/FGC as her source of income. When families have brought their daughters to them to be circumcised, they are refusing to refer them to others still practicing and have even threatened to bring in the authorities if the families try to pursue the operation. The United States Agency for International Development (USAID) is working with members of the Women’s Caucus of the National Assembly in addressing women’s health issues, including this problem. The Calvary Foundation based in Enugu State was awarded a grant of US$20,000 from the U.S. Embassy’s Democracy and Human Rights Fund to continue its campaign to ban this practice in five southeastern states.

Legal Status: There is no federal law banning FGM/FGC in Nigeria . Opponents of this practice rely on Section 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria that states, "no person shall be subjected to torture or inhuman or degrading treatment," as the basis for banning the practice nationwide. A member of the House of Representatives has drafted a bill, not yet in committee, banning this practice. Edo State banned this practice in October 1999. Persons convicted under the law are subject to a 1000 Naira (US$10) fine and imprisonment of six months. While opponents of the practice applaud laws like this one as a step in the right direction, they have criticized the small fine and lack of enforcement thus far. Ogun, Cross River , Osun, Rivers and Bayelsa states have also banned the practice since 1999. Most anti-FGM/FGC groups are focusing their energies at the state and local government levels. IAC/Nigeria is pursuing a state by state strategy to criminalize the practice in all 36 states. It first meets with the local government area Chairman about the harmful health effects of the practice. The Chairman is relied on to make contact with Council members, traditional rulers and other opinion leaders to discuss the problems associated with this practice and to work on alternative rites to satisfy cultural concerns. Only after consensus has been reached at this level, are all employed in the statewide campaign to ban the practice. IAC/Nigeria expects the campaign to take at least five years to reach all 36 states.

Protection: We are unaware of any support groups to protect an unwilling woman or girl against this practice. Prepared by the Office of the Senior Coordinator for International Women's Issues, Office of the Under Secretary for Global Affairs, U.S. Department of State, Released on June 1, 2001.

BIBILIOGRAPHY

Blum H. (1974): Planning for Health. Human Science Press, New York

Constitution of the Federal Republic of Nigeria (1999)

WHO, (1986): Health and Welfare, Canada and Canadian Public Health Promotion. An International Conference on Health Promotion. The Move Towards A New Public Health, Ottain

Raza, A. (2001): Myths of Female Circumcision. Publication forth coming.

UNDS (1988): National Baseline Survey on Positive and Harmful Traditional Practices Affecting Women in Nigeria. Centre for Hander and Social Policy Studies, Obafemi Awolowo University, Ile – Ife for Federal Ministry of Woman Affairs and Social Development, UNDP, UNICEF, WHO, UNFPA and DFID, Lagos

IAC (1997): Female Genital mutation in Nigeria , Monograph series No1, InterAfrican Committee on Harmful Traditional Practices, Lagos .

WHO (1994): Female Genital Mutilation Information Kit, World Health Organisation, Geneva

Uzodike, E. N. U. (1993): “Women’s Rights in Law and Practice” in A. O. Obilade led women in law in Nigeria . A Democracy in Africa Publication Southern University Law Centre and Faculty of Law, University of Lagos.

index of 2005 Conference papers