Nigeria: Current information on the practice of female genital mutilation; state protection available to those being targeted and ethnic groups in which it is prevalent (June 2001 - October 2003)

In June 2001, the United States (US) Department of State released a report prepared by the Office of the Senior Coordinator for International Women's Issues on female genital mutilation (FGM) in Nigeria. Providing an in-depth presentation of the scope of FGM—from its practice and incidence to the attitudes and beliefs of Nigerians towards it, outreach activities by the government and non-governmental organizations (NGOs) and the legal status and protection available to those targeted for FGM—the report, which may be consulted online, is a comprehensive, single source of information from which this Response builds. Additional information to that which is found in the US Department of State's report on the practice of FGM, or female genital cutting (FGC), is provided in the sections below.

Practice and Incidence

As a result of educational and mobilization campaigns conducted by international and national non-governmental organizations (NGOs), including indigenous women's groups and health authorities (PRPR June 2000, 233, 247; Dorkenoo 1994, 59-82; UMICLR 2001-2002, 136), sources say that the prevalence of FGM in Nigeria is declining (PRPR June 2000, 233, 247; NPC Oct. 2003, 26; TMIH Jan. 2002, 91-92; UMICLR 2002, 136; ACCORD/UNHCR Nov. 2002, 168). However, some sources caution that the practice of FGM remains widespread throughout Nigeria (ACCORD/UNHCR Nov. 2002, 168; AFP 4 Apr. 2002; WHO-Nigeria 2003), where three of the four types of FGM identified in the State Department report—clitorectomy, excision and infibulation—are still practiced (BAOBAB 2002, 11; TMIH Jan. 2002, 92-94; UMICLR 2001-2002, 132-33; PANA 17 May 2003; WHO-Nigeria 2003). Infibulations, which the State Department describes as the most severe of the three types (US June 2001), is the least common (TMIH Jan. 2002, 92-94; UMICLR 2001-2002, 133).

A national demographic and health survey, carried out by the National Population Commission of Nigeria (NPC), collected information on the practice for the first time in Nigeria in 1999 and found that 25 per cent of women in the country have undergone at least one form of FGM (NPC Dec. 2000, 135). However, the data in the 1999 NPC survey is based on a sample of only married women between the ages of 15-49 (NPC Oct. 2003, 25). An oversight that the NPC acknowledged resulted in those women who had not had sexual intercourse but who may have undergone FGM being excluded from the survey (NPC Dec. 2000, 135). When updating their demographic and health information in October 2003, the NPC expanded the survey results by including both married and unmarried women between the ages of 15-49 (NPC Oct. 2003, 26). Even with more women being questioned, the results of the 2003 survey indicate a decline in the practice since 1999 with 19 per cent of women having undergone some form of FGM (ibid.). A statistical table showing the preliminary results of the survey, which is attached, indicates the "percentage of women who have been circumcised and, among women with daughters, percentage who reported that they have at least one daughter circumcised or who say that they intend to have their daughters circumcised, by selected background characteristics" including age, marital status, residence, region, education and ethnic group (ibid.). The data also indicate that 13 per cent of the youngest age group compared to 25 per cent of the oldest age group had undergone FGM—another indication of a decline in the practice (ibid). The final report is scheduled to be published in the spring of 2004 (ibid, vii).

Other reports from media and academic sources suggest that as much as 36 to 60 per cent of women have been affected (RMS 27 Oct. 1999, Slide 7; Daily Trust 26 Nov. 2001; UMICLR 2001-2002, 134). Despite the disparities in estimates of its prevalence, those surveying FGM agree that its practice varies by ethnic group and geographical location and that it exists in both rural and urban areas as well as among Christians and Muslims alike (RMS 27 Oct. 1999, Slide 10, 12; NCGHHR Dec. 2002; NPC Dec. 2000, 136; Dorkenoo 1994, 36-38).

The results of a 1999 national survey on the prevalence of FGM by the Lagos-based company RMS Media Services, which "provides Nigerian media with ... data on media habits, product consumption, and political opinion in Nigeria" (RMS n.d.), focuses on incidence by state, type of FGM performed by ethnic group and rationale for the practice (27 Oct. 1999, Slide 3). To view the results of the survey, which is based on a sample of 5,000 male and female respondents 18 years of age and older from each of Nigeria's 36 states (RMS 27 Oct. 1999, Slide 4), consult their Website.

Another form of female genital mutilation that has been included in the Type IV category by the WHO is the practice of Gishiri or Gishri cuts (WHO 2000, 55), which cut into the vagina to relieve obstructed labour during birth (IAC July 2003). According to the Women's International Network News (WIN News), Gishiri cuts are also performed in the northern Muslim states of Nigeria where there is a tradition of child marriage (Autumn 2002, 62). In order for a young girl to be more easily penetrated by her husband during sexual intercourse, the girl's vagina is enlarged through the practice of Gishiri cuts (WIN News Autumn 2002, 62; see also UMICLR 2001-2002, 131).

Attitudes and Beliefs

In her address to the International Conference on Zero Tolerance to Female Genital Mutilation, held in Addis Ababa in February 2003, Stella Obasanjo, the First Lady of Nigeria, summarized the topic of FGM and other "harmful traditional beliefs and practices":

[T]hese practices and beliefs tend to undermine the status and interests of women, and, when they apply to men, often have the exact opposite effect of enhancing their social status and promoting their pre-eminence in society. ...

The origin of this practice is often unknown, but successive generations have continued this practice in the belief that it checks promiscuity and enhances fertility and childbirth. ...

"Female circumcision" which is a fancy term for female genital mutilation, is seen as synonymous with faithfulness in marriage and a sign of chastity in a woman. Conversely, an uncircumcised woman is considered as less likely to be faithful and unsuitable for marriage. This means that even those parents who do not believe in the supposed benefits of the practice have to subject their children to female genital mutilation to ensure their acceptability in the society and improve their chances of marriage (IAC 4-6 Feb. 2003, 140).

A variety of sources concur with Obasanjo, arguing that it is societal beliefs which sustain FGM in Nigeria (This Day 28 Feb. 2003; WHO-Nigeria 2003; CFC 2002a; see also RMS 27 Oct. 1999, Slide 15-16), and that the practice of FGM preserves male dominance and female subjugation and serves to sanction a form of domestic or gender violence (Asylum Aid May 2003, 23; BAOBAB Oct. 2002, 2; see also UMICLR 2001-2002, 129). An example of the extent to which the practice is embedded in the community is evidenced by the fact that the "circumcisors," the FGM practitioners, "enjoy high prestige in their communities" (GTZ n.d.; see also Dorkenoo 1994, 50-51); and they do not face negative consequences should complications occur as a result of the operation (This Day 28 Feb. 2003). Instead, the blame is usually heaped on the girl, who is alleged to be promiscuous, or the girl's parents for inadequately preparing the sacrifices or rituals performed during the FGM ceremony (ibid.).

The time at which the procedure is carried out during the life of the girl or woman varies depending on the traditions of the ethnic group and the geographical region in which she resides. The Nigerian country profile in the Final Report on the 8th European Country of Origin Information Seminar, organized by the Austrian Centre for Country of Origin and Asylum Research and Documentation (ACCORD) and the United Nations High Commissioner for Refugees (UNHCR), states that, in general, although FGM is performed most frequently on girls during infancy or prior to marriage, a few women undergo the practice prior to or following the birth of their first child (Nov. 2002, 168).

The results of a research review commissioned by the World Health Organization (WHO) on the health complications associated with FGM found Nigeria to be the only country in which FGM is performed on women during pregnancy (2000, 55). The report, entitled "A Systematic Review of the Health Complications of Female Genital Mutilation Including Sequelae in Childbirth," suggests that FGM is carried out during pregnancy in the belief that the infant will die if her or his head touches the mother's clitoris (WHO 2000, 55; see also CFC 2002b).

Academics, human rights groups and international health organizations have attempted to identify when specific ethnic groups initiate the practice on the girl or woman. Although the information about the occurrence sometimes varies between sources, a broad picture of each ethnic group's custom does emerge:

- Etsako (Bendel State)—prior to marriage (UMICLR 2001-2002, 133)

- Fulani—do not practice FGM (Dorkenoo 1994, 32), although the WHO says the Fulani perform FGM Type IV as Gishiri cuts during pregnancy as treatment for obstructed labour (WHO 2000, 55)

- Hausa—at birth (BAOBAB 2002, 11) and before marriage (WHO 2000, 70); as well, the Hausa perform FGM Type IV in pregnancy as treatment for obstructed labour (ibid., 55)

- Igbo—usually performed during or after adolescence, prior to marriage (Asylum Aid May 2003, 24); the Igbo of the south-east perform the ritual within seven days of the child's birth (Newswatch 14 May 2001)

- Igbomina-Ekiti (Kwara State)—perform FGM Type II in the third trimester of pregnancy (WHO 2000, 55)

- Ijaw (Bendel State)—prior to marriage (UMICRL 2002, 133)

- Isoko—prior to marriage (WHO 2000, 70); in Delta State, during the woman's first pregnancy (UMICRL 2001-2002, 133)

- Kanuri—perform FGM Type IV in pregnancy as treatment for obstructed labour (WHO 2000, 55)

- Nupes—do not practice FGM (Dorkenoo 1994, 32)

- Ogbaru (Anambara State)—during first pregnancy (WHO 2000, 70)

- Urhobo (Delta State)—during the woman's first pregnancy (UMICLR 2001-2002, 133)

- Yoruba—first week of life (PRPR June 2000, 244) or later (BAOBAB 2002, 11); infancy or childhood (WHO 2000, 70)

The elderly female community members, barbers, traditional healers and birth attendents who carry out the procedure (IAC July 2003; BAOBAB 2002, 11) rely on the income that the practice generates for their livelihood (CFC 2002a; IAC July 2003). As a result, Communicating for Change (CFC), a Nigerian communications organization whose mission is to raise awareness of environmental and development issues in an effort to create positive change in Africa (CFC 2002c), maintains that human rights advocates must address the socio-economic problems that FGM practitioners will face in giving up the practice if FGM is to be eradicated (CFC 2002a).

Outreach Activities

There continues to be much creative work done to combat the practice of FGM since the State Department report summarized efforts that had been taken against FGM prior to June 2001 (June 2001). At the International Conference on Zero Tolerance to Female Genital Mutilation, governments, donor agencies and international NGOs adopted a common agenda for action on a policy of zero tolerance to FGM that includes the following elements (IAC 4-6 Feb. 2003, 15): research into the extent and nature of FGM, production of education material, programmes for religious leaders, youth participation, the training of media and health professionals and legislative measures (ibid., 18-21). At the end of the three-day conference, Stella Obasango, on behalf of the First Ladies of Africa, which included Henriette Conte of the Republic of Guinea, Chantal Campaore of Burkina Faso and Lobu Troare of the Republic of Mali (WIN News Summer 2003, 27), declared 6 February as the International Day of Zero Tolerance to FGM (IAC 4-6 Feb. 2003).

Communicating for Change (CFC) released a documentary film on 7 April 2002 entitled Uncut! Playing with Life, which exposes the many facets of FGM (2002c). The film presents the practice both through the eyes of an advocate—Stella Omorogie, a circumciser from the royal family of Benin—and an opponent—a theatre for development group that uses alternative communication strategies to convey its message (CFC 2002a). Filmed in a traditional rural setting, it includes emotional, dramatic sequences that reveal the social pressures that make the practice of female circumcision possible, as well as the economic problems facing circumcisers who give up their profession (ibid.). It also shows how, over a six-year period, the people of Edo State began to change their beliefs and eventually succeeded in passing anti-FGM legislation in 1999 (ibid.; ibid 2002c; This Day 28 Feb. 2003). CFC has screened the film in Akure, Benin City and Lagos and has worked in partnership with the Country Women's Association of Nigeria, the Women's Health and Action Research Centre and the Performance Studio Workshop to organize panel discussions involving government and non-governmental experts, traditional practitioners, health experts, policy makers, victims, the media and FGM activists (2000d).

On its Website, the London-based Research Action and Information Network for the Bodily Integrity of Women (RAINBO), which provides grants ranging from between US$5,000 and US$15,000 in support of community-based organizations seeking to eliminate the practice of FGM (n.d.a), lists five Nigerian projects and organizations that have received grants for work involving qualitative research, advocacy, training and conferences on FGM (RAINBO n.d.).

Another community-based group called the Nigerian Center for Gender, Health and Human Rights (NCGHHR) ran a six-month campaign on the dangers of FGM that included presenting a documentary film, lectures and workshops in 12 states at high schools, colleges, local health centres and town hall meetings (2002).

Legal Status and Protection Available

There is, as yet, no federal law criminalizing the practice of FGM (This Day 28 Feb. 2003; PANA 17 May 2003); however, a bill outlawing the practice has been passed by the lower House of the National Assembly and is currently before the Upper House (WHO-Nigeria 2003; see also CRP June 2003 and NDC n.d.). However, eight states—Abia, Bayelsa, Cross River, Delta, Edo, Ogun, Osun and Rivers—have passed laws prohibiting the practice during the past four years (ACCORD/UNHCR Nov. 2002; see also This Day 28 Feb. 2003):

- Abia—Date and penalty unknown

- Bayelsa—Two Bills signed in 2002; the Bayelsa State Female Genital Mutilation Prohibition Law 2002 and the Revised Edition (Law of Bayelsa State) Law 2002, which stipulate prison terms, monetary fines or both for offenders (Daily Champion 19 June 2003)

- Cross River—Law passed in July 2000 making it an offence to perform FGM whether or not consent is granted; offenders face a fine and a prison sentence of up to two years for a first offence, and up to three years for each subsequent offence (WIN News Winter 2002, 42)

- Delta—Bill passed in April 2001 prohibiting the practice; offenders face three months imprisonment and a fine (PANA 1 July 2001).

- Edo—Bill passed in October 1999; offenders are subject to a fine and six months imprisonment (US June 2001)

- Ogun—Banned in 2000 (Country Reports 2000, 23 Feb. 2001, Sec. 5)

- Osun—Banned in 2000 (ibid.)

- Rivers—Banned in 2000 (ibid.).

No documentary evidence referring to whether or not the laws are being enforced was found among the sources consulted by the Research Directorate.

In the absence of a federal law, Beatrice Eluaka of the Federal Ministry of Health announced, on 16 May 2003, a national policy and plan of action on the elimination of FGM that was approved by the Federal Executive Council on 30 April 2003 (WHO-Nigeria May 2003). Although details outlining its strategy were not available, the goal of the policy is to eliminate FGM, which the government regards as a violation of a girl or woman's human rights (ibid.).

Another government ministry pushing for legislation against FGM is the Women Affairs and Youth Development, headed by Aisha Ismail (WIN News Autumn 2002, 62).

Numerous national and international human rights organizations, including the Inter-African Committee (IAC) on Harmful Traditional Practices (WHO-Nigeria 2003), its youth wing chapter in Lagos State (This Day 19 Aug. 2003), the WHO Nigeria Office (WHO-Nigeria 2003), Communicating for Change (This Day 1 Mar. 2002) and a newly formed national coalition of 13 NGOs from 10 states, are continuing their efforts towards the eradication of the practice of FGM (WHO-Nigeria 2003).

For additional information on the practice of FGM in Nigeria, please consult NGA40991.E of 17 February 2003, NGA38211.E of 21 November 2001, and NGA38179.E of 21 November 2001.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France Presse (AFP). 4 April 2002. "New Campaign Launched Against Female Circumcision in Nigeria." (Dialog)

Asylum Aid, London. May 2003. Refugee Women's Resource Project. "Refugee Women and Domestic Violence: Country Studies." Country Studies, No. 5. [Accessed 20 Oct. 2003]

Austrian Centre for Country of Origin and Asylum Research and Documentation/United Nations High Commissioner for Refugees (ACCORD/UNHCR). November 2002. "Nigeria. Country Report." Final Report on the 8th European Country of Origin Information Seminar, 28-29 June 2002, Vienna. The report is based on presentations by Enrique Restoy, Nigeria Researcher, Amnesty International London, and Heinz Jockers, Institute for African Studies, Hamburg, on 28 June 2002.

BAOBAB for Women's Human Rights (BAOBAB), Lagos. 2002. Women's Access to Justice and Personal Security in Nigeria: A Synthesis Report. Lagos: BAOBAB for Women's Human Rights.
_____. October 2002. Under the Baobab Tree. Vol. 1, No. 1. Ayesha Imam. "Violence Against Women: What Is Happening?"

Center for Reproductive Rights (CRR), New York. June 2003. "Female Circumcision/Female Genital Mutilation (FC/FGM): Legal Prohibitions Worldwide." [Accessed 20 Oct. 2003]

Communicating for Change (CFC), Lagos. 2002a. Uncut—Playing with Life: A Film about Female Genital Mutilation. Background Information. [Accessed 6 Oct. 2003]
_____. 2002b. "About Female Genital Mutilation." [Accessed 20 Oct. 2003]
_____. 2002c. ""Uncut-Playing with Life. A Film about Female Genital Mutilation. CFC Releases a New Documentary on Female Genital Mutilation." [Accessed 17 Nov. 2003]
_____. 2002d. "Uncut-Playing with Life. A Film about Female Genital Mutilation. Campaign Against Female Genital Mutilation." [Accessed 17 Nov. 2003]
_____. 2002e. "About Communicating for Change." [Accessed 23 Oct. 2003]

Country Reports on Human Rights Practice for 2000. 23 February 2001. United States Department of State. Washington, DC. [Accessed 24 Oct. 2003]

Daily Champion [Lagos]. 19 June 2003. "Governor Alamieyeseigha Signs Genital Mutilation Prohibition Bill." [Accessed 7 Nov. 2003]

Daily Trust [Abuja]. 26 November 2001. "Nigeria: Law Against Female Genital Mutilation Underway." (LEXIS)

Dorkenoo, Efua. 1994. Cutting the Rose. Female Genital Mutilation: The Practice and Its Prevention. London: Minority Rights Group.

Gesellschaft für Technische Zusammenarbeit (GTZ), Eschborn, Germany. n.d. "What Is Female Genital Mutilation?" [Accessed 12 Nov. 2003]

Inter-African Committee (IAC) on Traditional Practices Affecting the Health of Women, Addis Ababa. July 2003. "What Is Female Genital Mutilation?" [Accessed 21 Oct. 2003]
_____. 4-6 February 2003. Report of the International Conference on "Zero Tolerance to FGM." [Accessed 21 Oct. 2003]

University of Miami International and Comparative Law Review (UMICLR). 2001-2002. Special Edition. No. 127. Oluyemisi Bamgbose. "Legal and Cultural Approaches to Sexual Matters in Africa: The Cry of the Adolescent Girl."

National Population Commission (NPC), Abuja. October 2003. Nigeria Demographic and Health Survey 2003. Preliminary Report. Calverton, Maryland: National Population Commission and ORC/Macro.
_____. December 2000. Nigeria Demographic and Health Survey 1999. Calverton, Maryland: National Population Commission and ORC/Macro. [Accessed 23 Oct. 2003]

Newswatch [Lagos]. 14 May 2001. "Nigeria: World Against FGM." (LEXIS).

Niger Delta Congress (NDC). n.d. "Nigerians in the Diaspora in Support of House of Representative Bill - HB22 - 'Outlaw of Female Genital Mutilation Practice in the Federal Repubilc of Nigeria'." Press Release. [Accessed 20 Oct. 2003]

Nigerian Center for Gender, Health and Human Rights (NCGHHR), Port Harcourt. December 2002. The Newsletter. Vol. 4, No. 2. "Parents in Rivers Risk Five Years Jail Term." [Accessed 22 Oct. 2003]
_____. 2002. "NCGHHR Law and Human Rights. Annual Report 2001/2002." [Accessed 22 Sept. 2003]

Panafrican News Agency (PANA). 17 May 2003. "Nigeria Approves Policy on Female Genital Mutilation." (Dialog)
_____. 1 July 2001. "Combating Female Circumcision." (Dialog)

Population Research and Policy Review (PRPR) [Netherlands]. June 2000. Vol. 19, No. 3. John C. Caldwell, I. O. Orubuloye and Pat Caldwell. "Female Genital Mutilation: Conditions of Decline."

Research Action and Information Network for the Bodily Integrity of Women (RAINBO), London. n.d.a. "The Small Grants Project." [Accessed 23 Oct. 2003]
_____. n.d.b. "The Small Grants Recipients." [Accessed 23 Oct. 2003]

RMS Media Services (RMS), Lagos. 27 October 1999. K. A. Tejumola. "The Prevalence of Female Circumcision in Nigeria." Slide Show. [Accessed 22 Oct. 2003]
_____. n.d. "RMS Media Services." [Accessed 22 Oct. 2003]

This Day [Lagos]. 19 August 2003. "'Shun Harmful Practices Against Kids'." [Accessed 23 Oct. 2003]
_____. 28 February 2003. Louis Achi. "Female Genital Mutilation Rejected - Report." [Accessed 17 July 2003]
_____. 1 March 2002. Funso Muraina. "Campaign Against Female Genital Mutilation Begins." (Dialog)

Tropical Medicine and International Health (TMIH). January 2002. Vol. 7, No. 1. R. C. Snow, T. E. Slanger, F. E. Okonofua, F. Oronsaye and J. Wacker. "Female Genital Cutting in Southern Urban and Peri-Urban Nigeria: Self-Reported Validity, Social Determinants and Secular Decline." [Accessed 19 Nov. 2003]

United States (US). June 2001. Department of State, Office of the Senior Coordinator for International Women's Issues. "Nigeria: Report on Female Genital Mutilation (FGM or Female Genital Cutting (FGC)." [Accessed 25 Aug. 2003]

Women's International Network News (WIN News) [Lexington, Mass]. Summer 2003. Vol. 29, No. 3. "February 6th Adopted 'International Day Against Female Genital Mutilation (FGM) - And Other Harmful Traditional Practices (HTPS)."
_____. Autumn 2002. Vol. 28, No. 4. "Nigeria: New National Program to Prevent Maternal Mortality."
_____. Winter 2002. Vol. 28, No. 1. "Cross River State of Nigeria: A Law Prohibiting Girl-Child Marriages and Female Circumcision/Genital Mutilation."

World Health Organization (WHO), Geneva. May 2001. "Estimated Prevalence Rates for FGM, Updated May 2001." [Accessed 22 Oct. 2003]
_____. 2000. "A Systematic Review of the Health Complications of Female Genital Mutilation Including Sequelae in Childbirth." (WHO/FCH/WMH/00.2) [Accessed 21 October 2003]
_____. n.d. "FGM Defined by the World Health Organization." [Accessed 22 Oct. 2003]

World Health Organization-Nigeria Office (WHO-Nigeria), Lagos. 2003. "Nigeria Approves Policy on FGM." [Accessed 10 July 2003]

Attachment

National Population Commission (NPC), Abuja. October 2003. Nigeria Demographic and Health Survey 2003. Preliminary Report. Calverton, Maryland: National Population Commission and ORC/Macro. (2 pages)

Additional Sources Consulted

Dialog

IRB databases

Baobab for Women's Human Rights (BAOBAB), Nigerian Center for Gender, Health and Human Rights (NCGHHR), International Human Rights Law Group (IHRLG), Centre for Law Enforcement Education (CLEEN), the Women's Centre for Peace and Development (WOPED) and various academics were unable to provide information on the protection available to those being targeted.

Internet sites, including:

AllAfrica.com

BBC Africa

Female Genital Cutting Education and Networking Project

Integrated Regional Information Networks (IRIN)

International Planned Parenthood Federation

Nigeria Ministry of Health

United Nations Fund for Women and Development (UNIFEM)

Vanguard

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