Court ruling major boost for fight against FGM

The High Court’s ruling upholding the ban on Female Genital Mutilation (FGM) will give a much-needed boost to the fight against the vice.

Kenya outlawed FGM a decade ago. FGM-related offences attract a jail term of three years and a Sh200,000 fine. But the practice still persists as some communities see it as necessary for social acceptance and increasing their daughters' marriage prospects.

The recent move by a doctor who sought to have FGM legalised could have eroded the gains that have so far been made in the fight against the vice.

It is an insult to women and girls for someone of Tatu Kamau’s calibre and who has held a number of high-level positions at the Ministry of Health, to claim that Kenya’s 2011 ban on FGM was unconstitutional and discriminatory against ‘national heritage’.

In July 2017, Dr Kamau filed a petition to overturn the Prohibition of Female Genital Mutilation Act which was passed in 2011.

She argued that, once FGM is legalised, medical professionals would be trained properly to deliver the highest standard of healthcare for women who choose to be cut in medical facilities.

However, Wednesday's court ruling dismissing the petition by the doctor, who had argued that the anti-FGM law was unconstitutional as it violated the right of adult women to practice their cultural beliefs and do what they want with their bodies, is commendable.

The upholding of the anti-FGM law is a boost to campaign to end the outdated cultural practice.

This judgement recognised the right of women and girls in cultural contexts and thus will go a long way to validate the work the government, non-governmental organisations, among other agencies, are doing in in the war against FGM.

Female circumcision has been associated with early child marriages and the consequences that come with it such as pulling girls out of formal education, thus putting them at greater risk of domestic violence and medical complications from teenage pregnancy.

Making FGM illegal has helped to bring down the prevalence of the vice down in the country although more work needs to be done to change attitudes among those who still secretly engage in the practice.

Advocacy groups, including the Federation of Women Lawyers in Kenya (Fida), Kenya Women Parliamentary Association and National Gender and Equality Commission are absolutely convinced FGM must remain illegal.

The High Court ruling, therefore, is timely because it has come at a time when NGOs, governments across the globe and the United Nations have resolved to up their game in the war against FGM. Recently, the United Nations Population Fund (UNFPA) resolved to partner with Kenya in the fight against FGM.

To demonstrate the government’s seriousness in the fight against FGM, President Uhuru Kenyatta early this month signed a memorandum of understanding with Samburu elders to commit to end FGM in the community.

Religious and cultural leaders from 22 hotspot counties attended the event in Maralal town and committed to end FGM by 2022.

The counties represented during the signing of the memorandum included West Pokot, Baringo, Elgeyo Marakwet, Wajir, Isiolo, Mandera, Marsabit, Garissa, Narok, Kajiado, Samburu, Meru, Taita Taveta, Tana River, Laikipia, Migori (Kuria), Embu, Tharaka Nithi, Kisii, Nyamira, Bomet and Bungoma (Mt Elgon).

The president's decision to take the lead in this war was good news for organisations that have been at the forefront in the fight against FGM.

Men have always been accused of being the stumbling block to the eradication of FGM in areas practicing the vice. This means that Samburu elders could be on their way to liberate their community from one of world's remaining primitive practices. Other communities would follow suit.

The reality is that FGM and child marriages are the two major obstacles to women and girls' empowerment in Kenya. FGM and child marriage adversely affects the health, education and overall development of women and girls.

Sustainable Development Goals (SDGs) recognise gender equality as one of the goals and seeks to universally eliminate all harmful cultural practices such as FGM and child marriage.

Although in the last two decades, Kenya has made tremendous strides in the empowerment of girls through legislative and policy formulation as well as programmatic interventions that address the pressing needs of girls, the fight against FGM is far from over.

Creating a safe environment where women and girls can thrive and grow to be productive members of the society is critical to the transformation of entrenched social norms.

Gender biases and inequalities can be tackled when stakeholders work together with all members of the community to empower women and girls.

Although some progress has been made in the fight against FGM in some parts of the country, there is need to step up the war in order to completely eradicate the practice.

There is need to put more emphasis on awareness to the dangers associated with FGM which should be integrated into the education of the girl-child.

All that we need is more sensitisation to stop FGM and ensure good education and improved healthcare for our girls to become citizens tomorrow.

A negative cultural activity such as FGM can be changed without disrupting the positive underlying social value that the practice represents. In essence, an alternative rites of passage should be encouraged.