The Criminalisation of Female Genital Mutilation in Sudan

B. CASE STUDIES

The Criminalisation of Female Genital Mutilation in Sudan

Of the 29 countries in Africa traditionally practising FGM, Sudan ranks fourth in the number of girls and women who have undergone the practice. According to a UN report, an estimated 12.1 million (88%) girls and women in Sudan have undergone FGM.1609 Although some states in Sudan had banned FGM, these state laws were largely ignored. The laws did not seem to affect the practice’s occurrence in a meaningful way, as many see the practice as crucial for women’s reputation and marital prospects.1610 These factors called for a stricter law to end the harmful practice, which came about with the approval of the amendment to the Criminal Law. On 1 May 2020, the Sudan transitional government announced a law that entailed a three-year jail sentence for the perpetrators of the act.1611

Women were among the most repressed in Sudan under the 30 years regime of Omar al-Bashir, which ended in 2019 by a military coup d’état. During his presidency, there were reports of civil unrest cases caused by human rights violations.1612 Women faced restrictions to their freedom of movement (i.e. they could not move around freely without a male guardian) and were tried with corporal punishment if found in violation of this rule.1613 VAW was commonplace, and women suffered the consequences of injustice even more than men.1614 As a result, women’s rights activists in Sudan and abroad were at the forefront of the protest to overthrow al-Bashir. Women’s demand for democracy also called for an end to VAW and harmful traditional practices such as FGM – a demand the transitional government took seriously.1615 This was also evident from the amendment of the criminal law to criminalise FGM.

The criminalisation of FGM in Sudan resulted from several years of advocacy efforts by women’s and child rights advocates, international and national organisations, international donors and community-based organisations and leaders. Later labelled the Saleema Initiative, these advocacy efforts are widely acknowledged to have laid the groundwork for the amendment of the law and its promotion.1616 The Initiative, launched in 2008 by the National Council of Child Welfare (NCCW) and UNICEF Sudan, began to eradicate FGM in 2009. The term “Saleema,” translated to imply whole, and a healthy mind and body, is meant to encourage society to view natural (uncut) female bodies more positively. In this way, it targeted leaders to change attitudes within the community regarding FGM.1617

Endorsement for the amendment in the Criminal Law, Article 141, as per recommendations from the NCCW and UNICEF, occurred in April 2020. The Article criminalises the mutilation of a woman’s genital organs and makes such an act punishable by up to three years in prison and a fine or closing the premises.1618

The Saleema Initiative effectively reduced pro-FGM social norms in Sudan through its societal mindset change strategy.1619 Furthermore, since its start in 2009, the Initiative has served as a good practice for neighbouring countries. Among these, Egypt and Somalia are currently using it as a strategy to instigate positive communication around the subject of FGM, hence advocating for the abandonment of the practice in local communities.1620

According to the partner organisations, stakeholders and health experts committed to supporting the Sudanese government in eradicating FGM, the practice’s criminalisation is just a first step of many on the road to realising a wider impact. The Saleema Initiative has ensured more sustainable reduction of FGM through its awareness-raising efforts within communities and by reaching community leaders. These efforts have contributed to shifting the mindset of these practices. Furthermore, this Initiative has served as an inspiration for the AU Continental Initiative to End FGM and Save 50 Million Girls at Risk, also referred to as the Saleema Initiative.