Artist - Hussein Mirghani
An Analysis of the Anti-FGM Bill of 2019 A Human Rights Perspective
Strategic Initiative for Women in the Horn of Africa Funded by the German Federal Ministry for Economic Cooperation and Development (BMZ) and supported by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
Introduction Female Genital Mutilation (FGM) continues to be one of the most widespread and deeply rooted human rights violations affecting women and girls in Somalia. With an alarming prevalence exceeding 99% among women aged 15 to 49, FGM is nearly universal in Somali society, making it a country with one of the highest rates globally. The practice is often perceived as a necessary rite of passage, essential for maintaining social acceptance, preserving chastity, and ensuring marital prospects. It is also wrongly justified by many communities as a religious obligation, despite the absence of any theological foundation for FGM in Islamic doctrine. This dangerous blend of cultural entrenchment, societal pressure, and misinterpreted religious beliefs has allowed the practice to persist across generations, with little challenge to its legitimacy in many communities.
mixed, with fragmented implementation and inconsistent follow-through.
The prevalence of FGM in Somalia is symptomatic of a broader systemic failure to protect the rights and bodily autonomy of women and girls. Despite a constitutional provision that denounces FGM as “cruel and degrading, tantamount to torture,” there is still no national criminal law explicitly prohibiting the practice. This legal vacuum allows FGM to continue with impunity, compounded by weak enforcement mechanisms and an absence of political will to pursue prosecution or accountability of the perpetrators. Moreover, societal reluctance to abandon harmful traditional practices, combined with limited education on the physical and psychological harms of FGM, further exacerbates the challenge. In regions where legal or religious fatwas (decrees) have attempted to curb the practice such as Puntland, Somaliland, Galmudug, and Jubaland, the results have been
Somali Women’s Rights Organizations (WROs) have emerged as vocal and influential advocates against FGM. These grassroots organizations have worked tirelessly to mobilize communities, raise awareness about the dangers of the practice, support survivors, and engage religious leaders to dispel myths around FGM’s supposed Islamic origins. One of the most notable achievements of WROs advocacy has been the drafting of “the Anti-FGM Bill.” This proposed Bill aims to criminalize all forms of FGM, provide legal protection for survivors, and establish preventive and rehabilitative measures countrywide if enacted. The draft law represents a significant milestone in the fight against FGM and is widely welcomed by human rights advocates.
Somalia’s engagement with international human rights frameworks has also been hesitant and incomplete. While the country has ratified the Convention on the Rights of the Child (CRC) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), signed or expressed intention to ratify instruments such as the Protocol to the African Charter on Human and Peoples’ Rights, on the Rights of Women in Africa (the Maputo Protocol) and the African Charter on the Rights and Welfare of the Child (ACRWC), it has failed to fully domesticate these commitments into binding national law. This ambivalence reflects deeper structural resistance to reforms that advance women’s rights and challenge longstanding gender norms.
Unfortunately, these gains are now under threat. Proposed regressive amendments
Analysis of the Anti-FGM Bill
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to Somalia’s draft Federal Constitution particularly those seeking to legalize Sunna1 forms of FGM are alarming setbacks.2 Sunna FGM, often presented as a milder or more acceptable version of the practice, still involves the cutting or alteration of female genitalia and constitutes a violation of the right to bodily integrity. These amendments contradict both international human rights norms and the original spirit of Somalia’s 2012 Provisional Constitution, which recognized FGM as a form of violence and torture. The legitimization of any form of FGM, under any label, represents not only a betrayal of the rights of Somali women and girls but also undermines the efforts of local activists who have risked their lives to challenge this harmful tradition. The patchwork approach to banning FGM across federal member states has created a situation where the protection of girls is largely dependent on geography. In some regions, regional governments and religious leaders have issued fatwas or passed laws banning the practice, while in others, it continues unabated. Even in areas with legal bans, enforcement remains weak due to limited resources, fear of community backlash, and a lack of training among law enforcement personnel. This uneven protection underscores the urgent need for a unified, national legal framework that unequivocally prohibits FGM and ensures consistent implementation and enforcement across all regions.
Addressing FGM in Somalia therefore requires a multidimensional strategy that combines legal reform, community engagement, religious dialogue, education, and survivor support. It is critical that the Somali Government, in partnership with civil society, religious authorities, international agencies, and development partners, prioritizes the enactment of the draft Anti-FGM Bill and backs it with adequate resources for enforcement, monitoring, and survivor care. Furthermore, sustained investment in public education campaigns and school curricula is essential to challenge the societal myths that sustain FGM and to empower future generations with the knowledge and courage to reject it. To help make this a reality, the purpose of this policy brief is to provide an in-depth analysis of the Anti-FGM Bill by examining its strengths, weaknesses, and areas for improvement to better align with international and regional human rights frameworks. The ultimate goal is to establish a stronger legal foundation to effectively combat the persistently high prevalence of FGM in Somalia.
1 The Sunna type of Female Genital Mutilation (FGM) refers to the partial or total removal of the clitoral hood and/or clitoris, often believed to be less severe but still harmful. Despite its name, it has no basis in Islamic teachings and poses serious health and human rights risks. 2 Somalia’s provisional constitution lacks clarity on the issue of female genital mutilation. While it declares that “female circumcision is a cruel and degrading customary practice and is tantamount to torture,” and prohibits the practice, it does not provide a clear definition of “female circumcision.” As a result, it is uncertain whether this term fully encompasses all forms of female genital mutilation. According to Human Rights Watch (HRW), the constitutional review process should explicitly include a comprehensive ban on every form of FGM. Doing so would lay the groundwork for the government to develop effective laws and policies aimed at completely eliminating the practice. See HRW, Somalia: Constitutional Proposals Put Children at Risk, available at: https://www.hrw.org/ news/2024/03/29/somalia-constitutional-proposals-put-children-risk.
Analysis of the Anti-FGM Bill
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