National Legislations

Here you can find the national legislations of the 19 countries that have legal prohibition of FGM:
 
-         Benin
Law passed in 3rd March 2003 banning all forms of FGM. Law no. 2003-03 on the Repression of the Practice of FGM in the Republic of Benin.
Article 2 prohibits all forms of FGM
Article 4 imposes a prison term from 6 months to 3 years and a fine 100,000 to 2,000,000 francs
Article 5 imposes a higher penalty for those who perform FGM on minors (persons below 18yrs) by imposing a term of 3 yrs –5yrs imprisonment and a maximum fine of 3 million francs.
Article 6 states that where the victim dies, the culprit will serve 5 to 20 years of hard labour and a fine of 3million to 6 million francs
Article 7 states that accomplices will punished as the actual circumciser
Article 8 states that multiple offenders will be given the maximum penalty without any mitigation
Article 9 states that person who refuse to report the occurrence of FGM will receive the same penalty for ‘refusing to report the crime’
Persons are supposed to report any occurrence of FGM to the Public Prosecutors office and failure to do so amount to a fine of 50,000-100,000 francs.
Article 10 obliges the medical staff to assist the FGM victim/survivor and they must inform the public authorities
 
 
-         Burkina Faso
Law no. 43/96/ADP was enacted on 13th November 1996.
Article 380 any person who violates or attempts to violate the physical integrity of the female genital organ either in total or ablation, excision, infibulation, desensitization or by any other means will be imprisoned for 6 months to three years and a fine of 150,000-900,000 francs or by either punishment.
If FGM results in death, the punishment shall be imprisonment for 5-10 years
Article 381 imposes the maximum punishment for persons in the medical and paramedical field
Article 382 a person having knowledge of the acts outlined in article 380 and who fails to report to the proper authorities will be fined 50,000 to 100,000 francs
 
-         Central African Republic
In 1996 the then president issued an ordinance prohibiting the practice of FGM.
  
-         Chad
Law no 6/PR/2002 on the promotion of reproductive health has provisions prohibiting FGM
 
-        Cote d’Ivoire
Law passed in 1998 ***
 
-         Djibouti
1995 the Penal Code was amended to include prohibition on FGM. Article 333 of the Penal code provides that ‘acts of violence resulting in Genital Mutilation are punishable by imprisonment for 5 years and a fine of 1,000,000 francs. Penal code does not define the term FGM.
 
-         Egypt
Ministerial decree 1996 prohibits FGM
 
-         Eritrea
-         Ethiopia
 
-         Ghana
The Constitution at article 26 (2) prohibits all customary practices, which dehumanise or are injurious to the physical and mental well being of a person. Article 39 (2) states that government policy objective is to ensure that traditional practices which are injurious and harmful are abolished.
 
-         Guinea
A law was passed in February 2006 against FGM. The law no. 2005 of provides at:
Chapter one defines FGM
Chapter two provides the penalty for those who perform FGM, regardless of whether they are in the traditional or modern set up (article 8)
Article 9 provides for imprisonment between 6 months to 2 years and/ or a fine of 300,000 to 1,000,000 francs
Article 10 provides that persons in the medical field receive the maximum sentence for performing FGM.
 
-         Kenya
The Children’s Act No. 8 of 2001 FGM of persons under the age of 18yrs at section 14. It prohibits FGM and other harmful practices that ‘negatively affect’ children and gives a penalty of twelve month imprisonment and/or a fine not exceeding fifty thousand shillings.
 
-          Mali
Law no. 02-044 passed on 24th June 2002 on Reproductive health outlaws FGM while ordinance 04-019 incorporates the Maputo Protocol into law
 
-         Mauritania
(Ordinance no. 2005-015) Chapter II Article 12 Penal Code prohibits the practice of FGM on infants and children (defined as those below the age of 18). The punishment is up to four years and a fine of 120,000-300,000 ouguiya
 
-         Niger
Law no. 2003-025 made an amendment to the Penal Code which criminalized all forms of FGM article 232.1-232.3
 
-         Nigeria
No federal law banning FGM, some states have banned FGM such as Edo State, Ogun, Cross River, Osun, Rivers and Bayelsa states. Bill H22
 
-         Senegal
In January 1999, the Penal Code was amended, article 299 of the Penal Code criminalizes FGM
 
-         Tanzania
 
-         Togo
 Law no. 98-016 was enacted to prohibits FGM
Article 1 forbids all forms of FGM
Article 2 gives the definition of FGM and excludes operation performed for medical reasons
Article 3 states that all persons who perform FGM whether in the traditional or modern set up will be punished for ‘intentionally causing physical harm’
Article 4 provides punishment for the offence created at article 3, between 2 months to 5 years imprisonment or a fine of 100,000-1,000,000 francs or one or both imprisonment and fine.
Multiple offenders will receive a double penalty***
Article 5 provides that where the FGM results in death of the victim, the punishment will be between 5 – 10 years imprisonment
Article 6 provides punishment for person who fails to notify the public authorities of occurrence FGM or attempted FGM; such person shall be imprisonment for a period of one month to one year or receive a fine of between 20,000-500,000 francs.
This includes parents, relatives till the fourth generation, accomplices 
-         Uganda
 
 
Here you can find the national legislations of non-African countries having legal prohibition of FGM:
 
-         Australia (Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Victoria)
-        Belgium
-        Canada
-        Italy
-        New Zealand
-        Norway
-        Spain
-        Sweden
-        United Kingdom
-        United States of America