Introduction
Twenty-eight African countries where FGM/C is practised have adopted national legislation prohibiting the procedure (28 Too Many 2018). The criminalisation of the practice is a strategy that has been put forth since the 1990s as a necessary step in the elimination of FGM/C (Berer 2015; Shell-Duncan et al. 2013). The development of anti-FGM/C laws across the African continent provides a glimpse into the complexities of legislating a practice that is deeply entrenched within communities and held together by social and gender norms. Several arguments have been raised on the necessity and place of law in tackling FGM/C, and after two decades of legislation and with the practice continuing, the debate about the efficacy of laws in addressing FGM/C is still rife.
This chapter will provide examples of legislative processes in which countries have adopted laws and policies amidst both support and resistance. It will also show that the push for criminalisation often came from, and was similarly challenged by, African women. Despite legislative measures to protect women and girls against FGM/C, the fact is that the practice continues, there are few prosecutions, and additional challenges are faced after criminalisation. These include driving the practice underground, a tendency to cut girls at an earlier age, and a move towards cross-border FGM/C (PATH 2005; Plugge et al. 2019). This raises the question of whether meaningful social change can be legislated. This chapter will evaluate anti-FGM/C laws in Africa, looking at their development and enactment, comparative implementation, impact, and accompanying successes and weaknesses. It concludes by positioning the law within the complex multidimensional approaches in place to address FGM/C, speaking to its critical role and potential in supporting the campaign to end FGM/C across Africa.