Introduction

Sudan’s government has outlawed female genital mutilation (FGM), making it punishable by three years in jail. According to UN data, around 88% of the female population in Sudan have suffered FGM. Calling the move “an advanced step in order to terminate this predominant socially-rooted trend,” Sudan’s Foreign Ministry said that the action fell under the transitional government’s commitment to international human rights agreements. (Multiple Sources, 29 April).

However, the enforcement of the FGM ban faces multiple obstacles in Sudan, including: fears of a backlash from powerful Islamist groups and socio-economic norms that entrench FGM. The solutions proposed for enforcing the FGM ban predominantly revolve around facilitating a shift in communal attitudes towards the practice. Nonetheless, there is a question mark as to whether such attempts will be led by domestic or international actors, amid statements from UN agencies which suggest a lack of confidence in Sudan’s transitional government.

Moreover, the Strategic Initiative for the Horn of Africa (SIHA), an influential civil society organisation, argue that more must be done to address the root causes of women’s subordination in Sudan – citing a Sudanese legal framework that is inherently discriminatory towards women.

Obstacles in enforcing the criminalisation of FGM

The criminalisation of FGM may not be enough to end the practice is being treated with caution “for fear that FGM could be driven underground,” argues Sudan Analyst Insaf Abbas (BBC, 1 May). Despite the provinces of El-Gedarif and South Kordofan already outlawing FGM, enforcement obstacles remain across Sudan (AP, 2 May). Indeed, Siddharth Chatterjee, the UN Resident Coordinator to Kenya, argues that FGM “notoriously difficult to prosecute” citing “the culture of fear and secrecy protecting perpetrators” (Newsweek, 4 May). A key obstacle in enforcing the FGM ban are socio-economic norms which may allow the practice to continue thriving.

Socio-economic norms that allow FGM to continue

While the criminalisation of FGM is important, “people who still believe in the practice might not report cases or act to stop FGM when they know it is happening,” notes Faiza Mohamed, Africa regional director for Equality Now (Reuters, 30 April). Indeed, rights groups warn that FGM remains deeply entrenched in Sudan’s conservative society, thereby posing barriers to enforcement of the ban (AP, 2 May).

Societal obstacles include, firstly, the difficulty in changing minds “in communities that view the traditional practice as necessary to marry their daughters” (Reuters, 30 April). Secondly, polygamy also fuels FGM. Sami Momin, secretary general of Sudan’s Obstetrical and Gynaecological Society notes that new mothers are convinced that FGM after birth would them look “neat and beautiful again,” so that their husbands do not marry again (Reuters, 28 November 2019). Another barrier to enforcing the FGM is its economic justification, with Momin noting that community midwives who practice FGM rely on it as a key source of income as they do not receive a salary.

Given the socio-economic norms that entrench the practice of FGM in Sudanese communities, Mohammed warns that “communities may look for ways to avoid detection” (Reuters, 30 April). In addition, Mohammed notes that officials “who believe in the practice may not uphold the law,” indicating that the fears of sparking a backlash among Sudan’s powerful Islamist groups may prevent policy turning into practice.

Fears of a backlash from enforcing the FGM ban

AP (2 May) suggest that it is unclear whether Sudan’s military leaders will approve the criminalisation of FGM, “which could spark a backlash by powerful Islamist groups that backed [former President Omar] al-Bashir.” Sudan analyst Mohaned Hashim (BBC, 1 May) notes that there have been previous attempts to ban FGM - but parliament under former Islamist leader Omar al-Bashir rejected the recommendations.

However, AP (2 May) quote Dalia al-Roubi, a spokesperson for Prime Minister Abdalla Hamdok, to say that the government hopes to convene a meeting with the Sovereign Council soon to ratify the law, although Sovereign Council member Rajaa Nicola said the meeting has yet to be scheduled.

FGM in Sudan Prevalence (2017) - via 28TooMany

Solutions for enforcing the FGM ban

To remove FGM from Sudanese society, different strategies have been proposed, albeit mainly revolving around raising communal awareness of the criminalisation of the practice, with specific influential stakeholders to be targeted.

1. Raising Awareness

While Insaf Abbas (BBC, 1 May) said she hopes that criminalisation will “shake the taboo” and get more women and girls talking about FGM, Nahid Gabrellah, director of the Seema center for women’s rights, called for more efforts in raising awareness of the criminalisation of FGM (AP, 2 May).

2. Community Efforts

To enforce the criminalisation of FGM, the Sudanese Foreign Ministry called for a community effort and coordination between "all parties" in raising awareness of FGM through community outreach (Radio Dabanga, 29 April)

3. Behaviourial Change:

Giulia di Porcia e Brugnera, a UN Population Fund (UNPF, 7 May) programme associate who works on the Sudan Free of Female Genital Mutilation programme, called for the use of “behavioural change principles.” Brugnera suggested that if the community “hosts a large celebration, and religious and community leaders publicly support [FGM’s] abandonment, then the whole community will get behind it.”

4. Target Key Groups

Abdullah Fadil, UNICEF Representative in Sudan, calls for more effort to be exerted in promoting the acceptance of the criminalisation of FGM among influential key groups who practice, or are affected by, FGM – including midwives, health providers, parents, youth.” Fadil added that the “the intention is not to criminalise parents” who allow FGM to be practiced (UNICEF, 29 April),

5. Target Men and The Army

Chaterjee calls for a widespread awareness campaign engaging with communities, “particularly men,” religious leaders, as well as local and regional ambassadors, to highlight FGM’s adverse health impacts and the “baseless superstitions about its benefits.” Chaterjee also calls for the large reservoir of army veterans from all parts of Sudan to be utilised as “agents of positive change in their villages and communities” (Newsweek, 4 May).

Who leads women’s rights change in Sudan?

Furthermore, Chaterjee suggests that Sudan’s criminalisation of FGM presents an opportunity for Sudan to act as a regional and global leader on women's rights issues. However, there is a question mark as to whether Sudanese authorities have the agency to lead women’s rights changes within Sudanese borders, amid a minor dispute developing between the UN and Prime Minister Abdalla Hamdok’s office concerning the matter.

Sudan Tribune (7 May) reported that UN Women apologised “for any misunderstanding” after falling under criticism for infringing on the power of Hamdok’s office to select staff to champion women’s rights. The issue arose out of a job advertisement from the UN Development Programme (UNDP) for a gender advisor to work in Hamdok’s office “to ensure women’s issues are well incorporated into his agenda.” UNDP consequently removed the advertisement, as it failed to comply with local hiring rules.

However, despite the apologies from one UN agency for infringing of the power of the transitional government, the same day (7 May) saw an article from other UN agency – the UN Population Fund (UNPF) - which said it “will continue to lead efforts to fully ban FGM in Sudan.”

Addressing the root causes of discrimination against women

Sudan’s criminalisation of FGM “might seem well-intended” but “[fails to] address the root causes of women’s subordination in Sudan which are deeply ingrained in misogynistic attitudes,” argue Strategic Initiative for the Horn of Africa (SIHA), an influential local civil society organisation (Sudan Tribune, 4 May). SIHA Regional Director Hala Alkarib emphasises that “Sudan’s legal framework is notoriously patriarchal and discriminatory against women.”

In addition, with the coronavirus pandemic revealing women’s key role in the healthcare and informal sectors, SIHA criticised the Sudanese government, alongside its regional neighbours, for “placing the greatest burdens of risk” on the shoulders of women during the pandemic, citing inadequate protection in the event of unemployment or loss of business due to coronavirus containment measures (Sudan Tribune, 1 May).

To solve these issues, SIHA have provided various solutions. Arguing that criminalising FGM alone will not resolve discrimination against women, Alkarib calls for reforms of Sudan’s “notoriously patriarchal” legal framework and “the misogynistic beliefs and practices that maintain and reproduce it” (Sudan Tribune, 4 May).

SIHA also called on Horn of Africa governments to “end their gender-blind policies” by signing and ratifying the UN International Labour Organisation’s Convention on Violence and Harassment, thereby protecting women and recognising “their essential contributions to the health and economic welfare of the region” (Sudan Tribune, 1 May).