Circumcision and Female Genital Mutilation (FGM) are cultural practices that have persisted in various parts of the world, including Nigeria. These practices are deeply rooted in the traditions and beliefs of many communities. However, they raise significant human rights and legal concerns. In Nigeria, the legality of these practices has been a subject of debate, influenced by cultural, religious, and legal perspectives. This article provides a detailed analysis of the legality of circumcision and FGM in Nigeria, examining their historical context, legal framework, and ongoing efforts to address the issues surrounding them.
Historical and Cultural Context
Circumcision and FGM have a long history in Nigeria, with both practices being integral to certain ethnic and religious groups.
Male Circumcision is widely practised across Nigeria, predominantly for religious and cultural reasons. It is a common rite of passage among many ethnic groups, and it is also a religious requirement in Islam and Judaism. Male circumcision is generally accepted and rarely questioned, both legally and socially.
Female Genital Mutilation (FGM), on the other hand, is more contentious. FGM involves the partial or total removal of the external female genitalia for non-medical reasons. It is practised in several communities in Nigeria, often under the guise of preserving purity, ensuring marriageability, or adhering to tradition. The World Health Organization (WHO) recognizes FGM as a violation of the human rights of girls and women, reflecting deep-rooted inequality between the sexes.
Legal Framework in Nigeria
The legality of circumcision and FGM in Nigeria is complex and multifaceted, influenced by federal laws, state laws, and international human rights obligations.
1. Federal Laws: At the federal level, Nigeria has made significant strides in addressing FGM. The Violence Against Persons (Prohibition) Act (VAPP) of 2015 is a landmark law that criminalizes FGM in the Federal Capital Territory (FCT). The Act specifically prohibits female circumcision or genital mutilation and prescribes penalties for offenders.
2. State Laws: Nigeria operates a federal system of government, meaning that states have the autonomy to enact their own laws. Some states, particularly in the southern regions, have enacted laws that prohibit FGM. For example, the Ogun State Female Circumcision and Genital Mutilation (Prohibition) Law of 2000 is one such legislation aimed at curbing the practice. Despite these efforts, enforcement remains a significant challenge, particularly in rural areas where traditional practices are deeply entrenched.
3. International Obligations: Nigeria is a signatory to several international treaties and conventions that condemn FGM, including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights. These international obligations require Nigeria to take active steps to eliminate FGM and protect the rights of women and girls.
Analysis of Legality
Male Circumcision: Male circumcision is generally considered legal in Nigeria, with no specific laws prohibiting the practice. It is widely accepted and is not regarded as a human rights violation. The practice is embedded in the cultural and religious fabric of Nigerian society, and there are no significant legal challenges to it.
Female Genital Mutilation (FGM): The legality of FGM in Nigeria is more contentious. While federal and state laws have been enacted to prohibit FGM, the practice persists in many communities. The VAPP Act and state laws provide a legal framework to combat FGM, but the effectiveness of these laws is hampered by several factors:
- Cultural Resistance: In many communities, FGM is seen as a vital cultural tradition. Efforts to eliminate the practice are often met with resistance from those who view it as an essential part of their identity.
- Lack of Awareness: In some areas, there is limited awareness of the legal prohibitions against FGM. This lack of knowledge, combined with strong cultural beliefs, allows the practice to continue.
- Weak Enforcement: Even where laws exist, enforcement is often weak. Law enforcement agencies may lack the resources or the will to implement these laws effectively, especially in remote areas.
- Socioeconomic Factors: FGM is sometimes perpetuated by socioeconomic factors, such as the belief that it enhances a girl’s marriage prospects. Addressing these underlying issues is crucial to eradicating the practice.
Efforts to Combat FGM in Nigeria
The Nigerian government, in collaboration with international organizations and civil society, has undertaken several initiatives to combat FGM. These efforts include:
- Advocacy and Education: Public awareness campaigns have been launched to educate communities about the dangers of FGM and the legal consequences of engaging in the practice.
- Community Engagement: Programs that engage community leaders, religious leaders, and women’s groups have been instrumental in changing attitudes toward FGM.
- Legal Reforms: Continued efforts are being made to strengthen the legal framework and extend the provisions of the VAPP Act to all states in Nigeria.
- Support Services: Providing support and care for survivors of FGM is another critical component of the fight against the practice. This includes medical, psychological, and legal support.
Conclusion
The legality of circumcision and FGM in Nigeria is shaped by a complex interplay of cultural, religious, and legal factors. While male circumcision is widely accepted and legally unchallenged, FGM is increasingly recognized as a human rights violation, with various laws in place to combat it. However, the effectiveness of these laws is limited by cultural resistance, lack of awareness, and weak enforcement.
To effectively address FGM in Nigeria, a multifaceted approach is needed—one that combines legal reforms with cultural sensitivity, education, and community engagement. Only through sustained efforts at all levels of society can Nigeria hope to eradicate FGM and protect the rights and dignity of its women and girls.