Nigeria: Application and enforcement of the May 2015 ban on female genital mutilation (FGM) (May 2015-January 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

Sources report that in May 2015, the President of Nigeria, Goodluck Jonathan, gave assent to a bill that became The Violence Against Persons (Prohibition) Act (VAPP), which includes, among other things, a ban on female genital mutilation [FGM] (The Guardian 26 May 2015; Daily Independent 25 May 2015).

Article 6 of the VAPP Act states that

The circumcision or genital mutilation of the girl child or woman is hereby prohibited.

A person who performs female circumcision or genital mutilation or engages another to carry out such circumcision or mutilation commits an offence and is liable on conviction to a term of imprisonment not exceeding 4 years or to a fine not exceeding 200,000 [Nigerian Naira (NGN)] [approximately C$1,438] or both.

A person who attempts to commit the offence provided for in subsection (2) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding 100,000 (NGN) [approximately C$716] or both.

A person who incites, aids, abets, or counsels another person to commit the offence provided for in subsection (2) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding 100,000 (NGN) [approximately C$716] or both. (Nigeria 25 May 2015)

A complete copy of the VAPP Act is attached to this Response.

Sources report that the 2015 ban on FGM is the first nationwide Nigerian "commitment" to eradicate the practice (The Huffington Post 8 June 2015; Christian Today 10 June 2015). A brief on the VAPP Act drafted by the Centre for Health Ethics Law and Development (CHELD), a Nigeria-based think-tank that conducts research and analysis on health policy "from legal, social and ethical perspectives" (CHELD n.d.), similarly states that prior to the VAPP Act, "there was no general [FGM] legal prohibition throughout the country" (ibid. 2015).

According to sources, FGM was already prohibited in some Nigerian States before the passage of the VAPP Act (The Huffington Post 8 June 2015; Thomson Reuters Foundation 29 May 2015; CHELD 2015). An article published in the Nigerian newspaper This Day specifies that the state of Edo enacted a ban on FGM in 1999 and that "other states including Rivers, Ogun, Osun, Cross River and Bayelsa" followed suit (28 May 2015). According to the same source, Nigerian states faced difficulties in enforcing FGM bans prior to the enactment of the VAPP Act and consequently, saw the practice "gain increased acceptance" (ibid.). For additional information on FGM in Nigeria before the VAPP Act was enacted, please refer to Response to Information Requests NGA105120 and NGA103520.

2. Application and Enforcement of the FGM Ban Under the VAPP Act

Information on the application and enforcement of the FGM ban under the VAPP Act was scarce amongst the sources consulted by the Research Directorate within the time constraints of this Response.

In a "synopsis" of the VAPP Act, available on the website of the University of Toronto's Faculty of Law, the Women's [also spelled Women] Aid Collective [WACOL] [1] notes that VAPP's application is restricted to the Federal Capital Territory (FCT), Abuja (WACOL n.d.). In correspondence with the Research Directorate, the Regional Director for Africa of the International Center for Research on Women (ICRW) [2] stated that "currently, the applicability of the VAPP Act outside the Federal Capital Territory (FCT) in Abuja is a matter of legal debate" (ICRW 7 Jan. 2016). Sources state that Nigeria's federal government expects that the 36 Nigerian states will pass a comparable law (ICRW 7 Jan. 2016; WACOL n.d.), and that 13 states have thus far enacted related legislation (ICRW 7 Jan. 2016). A November 2015 article published in Lagos-based newspaper The Guardian, cites the Chief Executive Officer and Director of the Child Health Advocacy Initiative (CHAI) [3] as indicating that until the completion of the legislative process within the 36 Nigerian states, the VAPP Act "is a mere paper document outside the Federal Capital Territory [FCT]" (The Guardian 19 Nov. 2015). Corroborating information could not be found among sources consulted by the Research Directorate within the time constraints of this Response.

According to a September 2015 article published in the Lagos-based newspaper Vanguard, FGM still occurs in six Nigerian states, including the state of Imo (9 Sept. 2015). An October 2015 article published by This Day also states that that the practice of FGM "continues to thrive" and that several thousand girls and women are subjected to the practice despite its illegality (This Day 23 Oct. 2015). Corroborating information could not be found among sources consulted by the Research Directorate within the time constraints of this Response.

The Regional Director for Africa of the ICRW stated that "evidence of [the VAPP's] enforcement since it came into force has not yet emerged" and that "[t]he most significant impact [of the law] has been in the form of publicity" (ICRW 7 Jan. 2016). According to the same source however,

[c]riminalisation of entrenched cultural practices has its limitations. While legal safeguards are an important step towards ending FGM, they are not enough to eliminate it. Ending violence against women and girls requires investment, not just laws written in statute books. (ibid.)

Corroborating information could not be found among sources consulted by the Research Directorate within the time constraints of this Response.

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] WACOL is a Nigerian NGO that provides assistance to "women and young in need" (WACOL 3 Oct. 2015) and contributed to the "drafting […] and legislative advocacy" of the VAPP Act (ibid. n.d.).

[2]The ICRW works with partners to "conduct empirical research, build capacity and advocate for evidence-based, practical ways to change policies and programs" with the mandate of advancing gender equality in the developing world (ICRW n.d.).

[3] The CHAI is a Lagos-based NGO whose aim is "to promote child survival in Nigeria" (CHAI n.d.).

References

Centre for Health Ethics Law and Development (CHELD). 2015. "The Violence Against Person's (Prohibition) Act: A CHELD Brief." [Accessed 8 Jan. 2016]

Centre for Health Ethics Law and Development (CHELD). N.d. "About Us." [Accessed 13 Jan. 2016]

Child Health Advocacy Initiative (CHAI). N.d. "About." [Accessed 11 Jan. 2016]

Christian Today. 10 June 2015. Monica Cantilero."Female Genital Mutilation Still a Problem in Nigeria Despite New Law Banning It." [Accessed 22 Dec. 2015]

Daily Independent [Lagos]. 25 May 2015. "Nigeria: New Nigerian Law Outlaws Female Circumcision, Forceful Ejection of Widows." [Accessed 11 Jan. 2016]

The Guardian [Lagos]. 19 November 2015. Lola Alonge, Chief Executive Officer and Director of the Child Health Advocacy Initiative (CHAI). "How to End FGM Nigeria." [Accessed 18 Dec. 2015]

The Guardian [Lagos]. 26 May 2015. Mohammed Abubakar and Kanayo Umeh. "Nigeria: Jonathan Signs Two Bills Into Law." [Accessed 11 Jan. 2016]

The Huffington Post. 8 June 2015. Eleanor Goldberg. "Nigeria Bans Female Genital Mutilation, But Advocates Say There's Still More Work To Do." [Accessed 22 Dec. 2015]

This Day. 23 October 2015. Martins Ifijeh. "A Stubborn Culture." (Factiva)

This Day. 28 May 2015. Martins Ifijeh. "Genital Mutilation: Will Nigeria Enforce the Law." (Factiva)

International Center for Research on Women (ICRW). 7 January 2016. Correspondence from the Regional Director for Africa to the Research Directorate.

International Center for Research on Women (ICRW). N.d. "Who We Are." [Accessed 13 Jan. 2016]

Nigeria. 25 May 2015. Violence Against Persons (Prohibition) Act, 2015 [VAPP]. [Accessed 22 Dec. 2015]

Thomson Reuters Foundation. 29 May 2015. Josef d'Urso. "FGM Campaigners - Nigeria Ban Welcome, But Work Not Over." [Accessed 22 Dec. 2015]

Vanguard. 9 September 2015. Chidi Nkwopara. "Six States in Nigeria that Still Practice Female Genital Mutilation." [Accessed 11 Jan. 2016]

Women ['s] Aid Collective (WACOL). 3 October 2015. "About Us: Wacol." [Accessed 15 Jan. 2015]

Women ['s] Aid Collective (WACOL). N.d. "Violence Against Persons (Prohibition) Act, 2015, Nigeria : Synopsis by Women's Aid Collective (WACOL)." [Accessed 22 Dec. 2015]

Additional Sources Consulted

Oral sources: Centre for Health Ethics Law and Development; Inter-African Committee on Traditional Harmful Practices; Nigeria - Federal Ministry of Women Affairs and Social Development; United Nations - United Nations Children's Fund, United Nations Population Fund, UN Women; Women Aid Collective; Women Arise for Change Initiative; Women's Consortium of Nigeria; Women's Rights Watch.

Internet sites, including: 28 Too Many; African Journal of Reproductive Health; AllAfrica; Association for Reproductive and Family Health; The Authority; Center for Women Studies and Intervention; Daily Post; Daily Trust; ecoi.net; Equality Now; Global Fund for Women; The Guardian [UK]; Intact Network; International Business Times; The Nation; Nigeria - Ministry of the Interior, Ministry of Justice; The Nigerian Observer; The Punch; Reprohealthlaw; UN - Office of the High Commission for Human Rights; Voices4Change Nigeria.

Attachment

Nigeria. 25 May 2015. Violence Against Persons (Prohibition) Act, 2015 [VAPP]. [Accessed 22 Dec. 2015]