Case study in Burkina Faso

‍"The Burkina Faso question"

‍Many people working in the field of FGM/C will be aware of "the Burkina Faso question": how it is possible that so many people are being prosecuted for FGM/C in this country, while in other countries prosecution in the field of FGM/C seems so difficult? In order to find an answer to this question, I conducted interviews in the capital Ouagadougou (often shortened to "Ouaga") and in Kaya.

‍What was the objective this research?

‍International and regional legal instruments urge States to prohibit FGM/C by the enactment and effective enforcement of national legislation, including the prosecution of perpetrators of FGM/C. In order to ensure the effective implementation of these laws, States are urged to establish a concrete national mechanism for the implementation and monitoring of legislation, law enforcement and national policies. In addition, States should allocate “sufficient resources” to the implementation of legislative frameworks aimed at eliminating FGM/C.

Since the 1990s, a growing number of countries have enacted legislation against FGM/C. Most recently, the governments of The Gambia and Nigeria adopted national laws criminalizing FGM/C in 2015. However, there are also exceptions in the region (such as Liberia, Mali and Sierra Leone) and there is a large degree of variation in the efficacy of implementation and enforcement of these anti-FGM/C laws, as well as of the quality of the national legal frameworks that deal with FGM/C. The research assignment focused on the legal aspects of FGM/C and the legislative reforms that have taken place the past decades, as well as the current state of affairs in the 12 countries. The aim of this research is to contribute to ongoing advocacy for the development, enforcement and review of effective legislation on FGM/C. This research will serve as a reference for those wanting to examine and compare the different legal frameworks in place in the region and identify areas for review and revision. My study will also share examples of strong legislation or strong law enforcement.

‍What kind of interviews?

Semi-structured in-depth interviewing represented the primary method of data collection during the fieldwork. In-depth interviews were optimal for collecting data on respondents’ personal perspectives and experiences in relation to the application of the law criminalizing FGM/C. The semi-structured interviews were informal in tone and focused on specific issues that provided a degree of flexibility. The semi-structured format facilitated a flowing discussion and allowed for an open response in the respondents’ own words rather than a ‘yes or no’ type answer.

‍Who did I interview in Burkina Faso?

‍In total, 20 stakeholders were interviewed, which included representatives of the government (Ministry of Justice), the police, gendarmerie, staff of health centers, UN Agencies (UNFPA and UNICEF), prison staff, prosecutors, judges, but also staff of the Permanent Secretariat of the National Council for the Fight against the Practice of Excision (SP/CNLPE), Social Action, and members of Civil Society Organizations.

Criminalizing FGM/C in Burkina Faso

‍Burkina Faso became one of the first African countries criminalizing FGM/C. There is strong political will and commitment to ending the practice. In 1996, the government amended the Penal Code with Law No. 043/96/ADP and introduced severe punishments for those who perform the procedure throughout the national territory. The implementation of the law and the approach of the government towards the elimination of FGM/C have been called “exemplary” and “unique”. A recent study conducted by Ben Crisman et al. on the impact of the law on FGM/C in Burkina Faso found evidence for a substantial drop in the likelihood of girls being cut in the country after the passage of the law. The scholars estimated that the law prevented approximately 240,000 girls and women from being cut in the past 10 years. Since Burkina Faso is internationally recognized as one of the few countries where legislation is systematically and effectively enforced, and where people who break the law are commonly prosecuted, this country might provide lessons to other countries.

‍FGM/C prevalence in Burkina Faso

Prevalence of FGM/C has been defined by the DHS and MICS surveys as "the percentage of girls and women of reproductive age (15-49 years old) who have experienced any form of FGM." Burkina Faso is classified as a ‘medium prevalence’ country, since the percentage of girls aged 15-19 experiencing any form of FGM/C is between 20 and 60%. Knowledge of FGM/C is almost universal throughout Burkina Faso, with 99.6% of women and 98.0% of men having heard of the practice.

The estimated national prevalence of FGM/C in Burkina Faso among girls and women (aged 15-49) is 67.6% (EMC 2015). In the past 17 years, the national FGM/C prevalence has seen some fluctuations. Overall, the national prevalence of girls and women aged 15-49 decreased with 4.0% in the country. However, the younger generations show a lower level of prevalence than those of older generations. In the past 17 years, there is a 21.8% decline in FGM/C prevalence for girls in the age group 15-19. The majority of girls in Burkina Faso undergo FGM/C at a young age: 60.4% before the age of 5, 28.2% between 5-9 years, 8.9% between 10-14 year and only 2.0% after the age of 15.