A/HRC/29/20
making it punishable even if it is committed outside the country. Denmark, Norway, Spain,
Sweden and Switzerland have criminalized practicing or assisting or abetting the practice of
female genital mutilation, both inside and outside the countries. In 2011, Kenya added an
extraterritoriality clause in its law, making performing female genital mutilation outside its
border a criminal offence for Kenyans. In 2012, Ireland adopted the Criminal Justice
(Female Genital Mutilation) Act, which prohibits the practice of or attempts to practice
female genital mutilation.
15.
In addition to enforcing legislation and policies on female genital mutilation, some
countries have also established mechanisms to monitor progress in elimination efforts and
have allocated resources for implementation, including equipping relevant officials with the
requisite personnel, financial, technical and other resources. For instance, Kenya’s law
prohibiting the practice mandates the establishment of an anti-female genital mutilation
board, which has both an operational and advisory role, including for securing adequate
resources for combatting female genital mutilations.
16.
Enforcement of national legislation should include special considerations for victim
and witness confidentiality and the provision of services, including protection for parents
and girls who reject the practice. As the perpetrators of female genital mutilation tend to be
family members, victims are often unwilling to support prosecution, and in some instances
may refuse to provide police investigations with a statement. Family pressure to accept the
practice can be immense; there are documented cases of threats to parents who have refused
that their daughters undergo the practice and also of girls who claimed to have mutilated
themselves in order to protect their parents. A number of countries have addressed witness
and victim protection needs in their legislation on the practice. For instance, United
Kingdom legislation grants automatic anonymity to victims of the practice who report the
incident to the police.
B.
Comprehensive action plans
17.
In addition to legislation, the elimination of female genital mutilation requires
complex multisectoral strategies involving all sectors of government and the wider public,
including the media, civil society groups, community leaders, medical professionals and
teachers. It also requires addressing and engaging with beliefs and social attitudes and
norms within the communities where it is practised.
18.
The following States have implemented comprehensive and coordinated action plans
against female genital mutilation:
• Burkina Faso’s action plan establishes an intersectoral group comprising 13
ministries, as well as women’s groups, religious and community leaders, law
enforcement officials and the judiciary, to oversee the implementation of its law on
the practice
• In 2013, the Ethiopian Ministry of Women, Children and Youth Affairs launched a
two-year national strategy on harmful traditional practices that involves the health
and social care sectors; in addition, the Government, with the assistance of United
Nations agencies and non-governmental organizations, has designed child protection
networks
• Senegal’s national action plan for the period 2010–2015 involves the creation of
regional committees, departmental and rural communities for the abandonment of
female genital mutilation; as a result of this multi-dimensional approach, thousands
of villages in Senegal have reportedly publicly abandoned the practice and other
harmful practices
7
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