Togo 
Togolese anti-FGM legislation shows results

afrol News, 29 October - Four years of prohibiting the harmful practice of female genital mutilation (FGM) seem to produce a slow decrease of its prevalence. Patriarchal society structures however strongly impede its disappearance.

According to Togolese government officials, the practice of FGM "is now disappearing" in the country. Roland Yao Kpotsra, Togo's Ambassador to the UN, claimed this last week, presenting a government report about the state of human rights to the UN.

Mr Kpotsra stated that, "in order to eradicate excision systematically," in 1998, the National Assembly had adopted an act prohibiting it. "In addition, a committee has been set up to monitor the implementation of the law," he said. 

- The practice of female genital mutilation is a tradition among Togolese families, the Togolese Ambassador further said. "Although efforts have been made to prohibit the practice legally, still there is resistance in that regard with some women who believe that if excision is not carried out, the women could be seen differently within the society."

The government claim to slowly be winning the fight against FGM can be documented statistically. A national survey carried out by the Unité de Recherche Démographique (URD) in 1996 documented a 12 percent prevalence of the practice. Studies show that, in demographic terms, women over 40 are more likely to have been excised than younger women, thus demonstrating a downwards trend in prevalence. 

FGM prevalence in Togo is as heterogeneous as the cultural and ethnic composition of the small West African state. Two of Togo's most numerous peoples, the Adja-Ewe and Akposso-Akebou, do not practice FGM. It tends to be limited to certain peoples, having their numeric stronghold outside Togo - in particular the Peul (or Fulbe/Fulani) people. Among the Peul, the up to 98 percent of women still undergo FGM.

FGM is not theologically linked to any of the three main religions; Islam, Christianity and African religions, although these influence government efforts to eradicate the practice. Under customary practice, women become the property of the husband once a marriage takes place. Under Muslim tradition, however, a woman has the right to refuse marriage. It is not until after a marriage takes place that a husband can force his wife to undergo this procedure. A woman has the right to refuse. However, since she is considered the property of her husband she must submit to his will and he would be able to subject her to the procedure. 

Also Ambassador Kpotsra admits that women's lack of rights in traditional societies is a hindrance in the fight against FGM. Women, according to customary practice but in contrary to the Togolese constitution, were had no independent legal and economic rights. For example, only boys could inherit land, Mr Kpotsra said. "There is a belief that if a girl inherited land, the family will be impoverished because of the girl's choice to hand it to her husband's family."

The poor standards of rights in certain Togolese traditional societies are also reflected by the little use women made of their constitutional rights. According to Mr Kpotsra, there have been "no cases of discrimination brought to courts with regard to women." Togolese national law on the other hand is exemplary with regards to anti-discrimination legislation.

When the Togolese government nonetheless has had some success in fighting FGM over the last years, this is mostly attributed to information campaigns against the practice - going on continuously since 1984. Massive campaigns in for example the Central Region - where FGM prevalence is high - principally inform socio-professional groups, including politicians and civil servants, traditional and religious authorities, etc. about the harmful effects of FGM. 

Studies of the effect of these campaigns have been positive. According to recent research interviewing excised women, 60 percent stated they were in favour of abolition of the practice. The women cited infection, haemorrhage and other health issues as particular problems for the excised. Thirty percent, however, felt that it remains an important cultural practice and would like it to continue. They intend to have their daughters excised.

Sources: Based UN, Togolese govt, URD, US State Dept and afrol archives 

 

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