Proposal for the Amendment of the 1999 Constitution of Nigeria - Submission To Parliament
A Proposal to amend the 1999 Constitution of Nigeria to prohibit Female Genital Mutilation (FGM) A Call for Constitutional Amendment: Prohibiting Female Genital Mutilation in Nigeria
The Women Against Violence and Exploitation (WAVE) and Value Female Network Africa (VFN Africa) have submitted a crucial proposal for the amendment of the 1999 Constitution of Nigeria to unequivocally include the prohibition of Female Genital Mutilation (FGM). This move is a significant step toward safeguarding the rights, health, and dignity of Nigerian women and girls.
The Imperative for Change
FGM is a deeply entrenched cultural practice and a severe violation of human rights that continues to pose serious health risks in Nigeria.
- Prevalence: Approximately 20% of Nigerian women aged 15-49 have undergone FGM, accounting for 19.9 million survivors, which is the largest absolute number globally.
- Consequences: Immediate complications include severe pain, bleeding, infections, and potentially death. Long-term effects can be chronic pain, sexual dysfunction, psychological trauma, and obstetric complications during childbirth.
While the Violence Against Persons (Prohibition) Act (VAPP Act) 2015 already criminalizes FGM, incorporating the prohibition into the constitution provides a stronger legal basis for enforcement and condemns the practice at the highest level of governance.
Key Aspects of the Proposed Amendment
The proposal suggests inserting a new section titled "Prohibition of Female Genital Mutilation" under the Fundamental Rights section (Chapter IV) of the Constitution.
- Definition: FGM is defined as the partial or total removal of the external female genitalia, or any other injury to the female genital organs, for non-medical reasons.
- Prohibition Clause: It would prohibit FGM in any form, and explicitly state that no custom, tradition, cultural, or religious practice shall justify FGM or serve as a defense in legal proceedings.
- Penalties: Individuals found guilty of performing FGM would face imprisonment for a term not less than 10 years without the option of a fine. Anyone who aids, abets, or procures the performance of FGM would be liable to the same penalties.
- Protection for Victims: The amendment mandates adequate legal and social support for victims, including access to medical care, counseling, and rehabilitation services.
- Mandatory Reporting: Medical professionals, social workers, counselors, community workers, teachers, and educational staff would be required to report any suspected cases of FGM to the appropriate authorities.
Justification: Upholding Rights and Obligations
The proposal is justified as FGM violates fundamental human rights, including the right to health, security, and physical integrity, and the right to be free from torture and cruel, inhuman, or degrading treatment. Furthermore, it aligns Nigeria with its international obligations as a signatory to conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol.
A Unified Plea
We urge all legislators to support this amendment and prioritize the elimination of FGM in Nigeria. Effective implementation and enforcement will be crucial, requiring collaboration among law enforcement agencies, healthcare providers, civil society organizations, and communities to ensure accountability and promote a future where every woman and girl can live free from the fear and harm of female genital mutilation.