Articles
FEMALE
GENITAL MUTILATION (FGM) - A crime in Edo State
by Ms. Nogi Imoukhuede during a one day workshop on
FGM and Violenece against women organized by the Chair, Senate
Committee
on women affairs and youth - 19 July, 2004, Benin City, Edo State

Distinguished Ladies and Gentlemen, it gives me great pleasure to
be present amongst you.
First, I would like to salute the Edo State House of Assembly and
the Government of Edo State for being the first to deliberate on
and pass a law prohibiting Female Genital Mutilation (FGM) or female
circumcision as it is commonly known. I urge you not to relent in
your proactive approach in people centred, gender sensitive law
making. You have done your work and it is now left to the Executive
and Judicial arms of the government and we CSOs to ensure implementation
of this wonderful law. I would also like to thank the facilitator
of this programe Senator Daisy Ehanire-Danjuma, the Chair, Senate
Committee on Women Affairs and Youth. Madam I am confident that
during your tenure, Nigerian women will go places.
Nigeria is traditionally
a male dominated society though women make up half of our estimated
120 million population. In spite of the advances in education, women
still lag behind in all areas of national development. Nigerian
women face barriers to full enjoyment of their rights because of
ethnicity, culture, religion or lack of education, many Nigerian
women encounter specific obstacles related to their family status
or to their socio-economic situation living in rural, isolated or
impoverished areas. The traditions in Nigeria can be characterised
as a system of beliefs and practices which put women in a position
of inferiority. The inferior status of women is protected in the
name of tradition, culture and religion and have deprived women
of their rights as Human beings.
Under Nigerian
Law all citizens are guaranteed equal rights and there is no law
that discriminates against women. The Constitution of the Federal
Republic of Nigeria, 1999 in chapter 4 enshrines the following fundamental
Human Rights: Right to life, Right to dignity of the human person,
Right to personal liberty, Right to fair hearing, Right to private
and family life, Right to freedom of thought, conscience and religion,
Right to freedom of expression and the press, Right to peaceful
assembly, Right to freedom of movement, Right to freedom from discrimination,
Right against compulsory acquisition of property.
In reality violations
of women's rights in Nigeria are numerous and fall under the following
broad categories- violence in the home, sexual harassment at school
and work, rape and defilement, Harsh and punitive widowhood rites,
Female Genital Mutilation, forced childhood marriages, sexual violence
in conflict situations and during execution of armed robbery, enforcement
of gender biased laws, discrimination against the girl child, disinheritance
of wives and daughters, Harmful traditional practices.
Female Genital
Mutilation (FGM) is a cultural practice that has been with the Edo
people from time immemorial. The cultural belief is that FGM prevents
sexual promiscuity and promotes chastity in women. We now know that
this is a myth and a harmful belief that militates against women's
health in Nigeria. Culture is dynamic and not static, therefore
as we grow as a people we should easily abandon those beliefs that
are harmful or work injustice to any segment of our society. You
all know that previously twins were killed at birth in Calabar because
they were regarded as an evil omen. Today the situation has changed
because the people were made to realize that such a belief was repugnant.
So we in Edo State MUST ALSO CHANGE our beliefs. FGM is now a crime
in Edo State. I am glad that in the audience we have traditional
birth attendants, members of the Health Sector in the Local Governments,
Women leaders and market women leaders. This message is for you!

Our most distinguished
Professor Okonofua has eloquently informed you of the health risks
associated with FGM. I would therefore go straight to an analysis
of the Edo State Female Genital Mutilation (Prohibition) Law. This
law was passed in 1999 by the Edo State House of Assembly. The objective
of the law is to stop circumcision or FGM which sometimes lead to
serious bleeding, infection, psychological trauma and in some cases
death of the victims.
The law in section
2 defines mutilation as 'any cutting, incision, damage or removal
of any part or all of the female organ. This law therefore deals
with female circumcision and not male. You can therefore still circumcise
your male children.
Section 4, lists
the principal offenders as:
i) The person
herself who offers herself for circumcision, so you cannot tell
the court that it is my body and I have a right over it.
ii) Any person who either forces, entices or cause any person
to undergo FGM.
iii) Any parent or guardian, you can't tell the court that it
is my child or ward so it is not the government's business. It
is a crime against the state.
iv) The performer of the operation of FGM, you cannot therefore
claim that I was in my office or house when the child was brought
to me.
For the offence
of FGM, it is irrelevant that the female consented. Consent is therefore
not a defence to FGM, you cannot also plead that it is a tradition
of your people (see section 3)
Under Section
5, the people who therefore have the power of arrest are the Police,
officers of the Ministry of Health, officers of the Local Government
or any other authorized person.
Once the prosecution
has proved its case the penalty is a conviction for not less than
3 years imprisonment or option of fine for not less than N3,000
or both (section 7).
Any person who
obstructs or assaults any officer in discharge of his duties under
this law shall be liable for summary conviction to a fine of N2,000
or 1 year imprisonment or both (section 9).
Ladies and gentlemen,
with this analysis of the law you can no longer claim ignorance,
for as they say 'ignorance of the law is no excuse'. I therefore
urge you all to take this message to your towns, houses, and offices
throughout Edo State. Let our people be informed that they will
now go to jail for circumcising their daughters. Help to eliminate
FGM in Edo State.
Thank you


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