News

In a groundbreaking ruling, the Economic Community of West African States (ECOWAS) Court of Justice has found the Government of Sierra Leone in violation of women’s and girls’ rights for failing to explicitly criminalise Female Genital Mutilation (FGM).

The Court declared FGM as “one of the worst forms of violence against women”, and that intentionally inflicted, “it meets the threshold for torture”. It ruled that the state’s failure to act breaches the Maputo Protocol, the African Charter on the Rights and Welfare of the Child, and other international human rights obligations that require states to outlaw harmful practices, specifically FGM. Thus, Sierra Leone’s inaction has caused grave physical, psychological, and social harm.

This landmark decision, delivered by a panel of judges representing the 12 ECOWAS Member States, holds Sierra Leone accountable — and sets a monumental legal precedent for the protection of women and girls across the region.

The case, brought forward by Kadija, a survivor, was filed by 31 movement partners from The Forum Against Harmful Practices, and Purposeful. It called into international attention the case of a woman who was forcibly subjected to FGM in 2016 and has been seeking justice ever since.

The judgment now mandates Sierra Leone to take immediate legislative measures to prohibit FGM, to promptly and effectively investigate and prosecute perpetrators of the FGM committed against the survivor, and to provide redress to the survivor, including financial compensation of $30,000 US Dollars, payable in Leones, to the survivor for the violations of her rights.

“This is a hard-won victory that has been ten years coming. While we celebrate today, this is for all girls and women, and the fight continues,” said Kadija.

“This historic win is not only for the survivor, and tenacity and her courage, along with the first responders, but for the 230 million women and girls alive today who have been subjected to the violence of FGM. Inaction is not an option. Sierra Leone has a duty to fully protect our women and girls,” said Dr Ramatu Bangura, Co-CEO, Purposeful.

“The ruling goes well beyond a legal win – it is a significant moral victory and a moment of reckoning for our country that now has the responsibility to eliminate this violence that has scarred generations of women and girls,” said Rugiatu Neneh Koroma, Chairperson of the Forum Against Harmful Practices (FAHP).

The judgment is timely as Sierra Leone’s women and girls now wait for the Child Rights Amendment Act to be sent back to Parliament for the enactment of laws that fully protect and uphold their human rights. And the world now watches Sierra Leone and ECOWAS for the implementation of this judgment to bring impunity out of the shadows, once and for all.

By Ragan M. Conteh

The attention of the Forum Against Harmful Practices (FAHP) has been drawn to a recent disappointing and frustrating incident in Kenema District concerning report of about 50 girls (over 50 percent below 18 years and the youngest of the age group about 3 years old) that were subjected to Female Genital Mutilation/Cutting (FGM/C).

The incidents took place in a Bondo Bush in the Gbo – Kakajama Section, Nongowa Chiefdom in Kenema District.

FAHP strongly condemns this unfortunate event at a time the government of Sierra Leone is working on an “Age of Consent” on the practice.

The action of the organizers of such an alarming magnitude of a practice considered HARMFUL by the World Health Organisation (WHO) breaches the “Convention on the Rights of the Child” and other international human rights obligations including the Maputu Protocol to which Sierra Leone is a signatory.

FAHP investigation team confirmed that the mass initiation was sponsored by a woman who together with her family is based in the United States of America (USA).

Painfully, some of the children cut and held in the Bondo Bush are school going children. These children missed out their schooling circle, more especially the end of school examination period that is a determinant to the promotion to the next level of education.

FAHP is extremely concerned that these children have been robbed of their bodily autonomy, health and dignity. Meanwhile, FAHP has worked with other partners including community stakeholders to ensure the safety of the children.

Therefore, FAHP has called on the government of Sierra Leone through its respective line ministries including Gender and Children’s Affairs and Education to take concrete steps against the perpetrators and the well-being of the children.

The coalition stands in solidarity with the girls of Gbo – Kakajama section, Nongowa Chiefdom in Kenema District and all children at risk of FGM/Cutting, reaffirming their commitment to a future where every child can grow up free from violence and discrimination.