Even though female genital mutilation (FGM) was prohibited in Niger in 2003, the practice continues.

On Sunday, February 6, Niger celebrated the International Day for the Fight against Female Genital Mutilation Zero Tolerance, which is commemorated globally every year.

As 80% of FGM is practiced by traditional circumcisers, the government and its partners have made a commitment to step up awareness of the practice to bring it to an end.

It is hoped the synergy of actions between the state, its partners, women’s associations and community leaders will successfully complete their aim, leading to a drop in the rate of the prevalence of FGM, also known as female circumcision.

The United Nations said FGM comprises all procedures that involve altering or injuring female genitalia for non-medical reasons and is recognised internationally as a violation of the human right, the health and the integrity of girls and women.

The United Nations Children’s Fund (UNICEF) said there is no health benefit to FGM, only harm.

“It is a deeply entrenched social and cultural norm in many places. The practice can cause short- and long-term health complications including chronic pain, infections, increased risk of HIV transmission, anxiety and depression, birth complications, infertility and, in the worst cases, death. It is internationally recognised as an extreme violation of the rights of women and girls.

“FGM violates human rights principles and standards – including the principles of equality and non-discrimination on the basis of sex, the right to freedom from torture or cruel, inhuman or degrading punishment, the right to the highest attainable standard of health, the rights of the child, and the right to physical and mental integrity and even the right to life,” it said.

In some parts of Niger, 75.7% of women aged 15 to 49 have undergone FGM, mostly carried out on girls aged five up to the age of 15.

The United Nations Children’s Fund (UNICEF) said global efforts have accelerated the progress to eliminate FGM. A girl is about one-third less likely to be subjected to FMG than she was 30 years ago.

However, by 2030, 68 million girls, some as young as infants, could be at risk of undergoing FGM in the countries where the practice is most prevalent, the agency said.

“If global efforts are not significantly scaled up, the number of girls and women undergoing FGM will be higher in 2030 than it is today.”

It said millions of girls have been at an increased risk of FGM as a result of the COVID-19 pandemic. Closed schools, lockdowns and disruption to services to protect girls from this harmful practice meant an additional two million cases might occur in the next decade.

“When girls are not able to access vital services, schools and community networks, their risk of female genital mutilation significantly increases – threatening their health, education and future,” said Nankali Maksud, UNICEF senior adviser on the prevention of harmful practices, in a report published on Thursday, February 3.

According to a report published by the Thomson Reuters Foundation, Niger: The Law and FGM, the Penal Code of the country defines and criminalises FGM as follows:

• Article 232.1 defines FGM as “any assault on the female genital organ by total or partial removal of any of its parts, by excision, infibulation, desensitisation or by any other means”.
• Article 232.2 criminalises and sets out the punishments for anyone performing, attempting or assisting in the practice of FGM, including when the act causes death of the victim.
• Article 232.3 criminalises and sets out the punishments for FGM when the perpetrator is a member of the medical or paramedical profession.

The Penal Code does not directly criminalise the failure to report FGM. More generally, under Article 186, anyone who has knowledge of a crime having taken place or been attempted and not reported it to the relevant authorities immediately will be subject to punishment.

It additionally states that, if reporting the crime could have had the effect of preventing or limiting its effects, or if the perpetrator was likely to commit new crimes that such reporting could have prevented, a longer sentence might apply.

It is also a crime, subject to punishment, to wilfully cause injury, assault or commit any violent act against an individual, including a child, under Articles 222 and 226 of the Penal Code.

In addition, Article 7 of Law No 2006-16 on Reproductive Health in Niger (2006) states that everyone has the right to freedom from torture and cruel, inhuman or degrading treatment of their body in general, and their reproductive organs in particular.

In the event of medicalised FGM being carried out, Article 232.3 of the Penal Code criminalises and sets out punishments when the perpetrator is a member of the medical or paramedical profession; maximum penalties apply and the right to practise might be withdrawn for up to five years.