Changing policy — while done by government officials — is often a result of years of advocacy work by individuals, organizations, external actors, and more.

This video came after the State had banned the practice, but before the Sovereign Council made it fully illegal. The pressure remained on officials to outlaw the practice, but this question then arises: how does changing the laws change the practice and perception of the practice on the ground? (“Sudanese”)

In July 2020, Sudan’s Sovereign Council ratified a change to its Criminal Law and Amendment 141 which made illegal all forms of FGM/cutting (“Sudan”).

It reads…

(1) There shall be deemed to commit the offence of female genital mutilation whoever, removed, mutilated the female genitalia by cutting, maiming or modifying any natural part of it leading to the full or partial loss of its functions, whether it is inside a hospital, health center, dispensary or clinic or other places; (2) Whoever commits the crime of female genital mutilation shall be punished with three years imprisonment and a fine or closing the premises.

However, changing laws does not always lead to cultural change (Lugiai, et. al). This can be said of Sudan, where despite the change in this law, many communities don’t know of the change and therefore have no way to abide by the law. Even further, scholars have observed that such a drastic change could cause biases against young women and girls who have been victims of FGM/C in the past before the law changed (Lugiai, et. al).

 

Contrast this legal change with a responsive, cultural, small-scale change happening at the Gadaref School of Midwifery in eastern Sudan.

Midwives educated at this school are sworn to the midwifery oath to deliver babies as safely as possible, and also an oath to eradicate the practice of FGM on young girls. In a sense, they are actively working to stop FGM/C in their realms of practice (Werft and Selby).

Flickr: UNAMID

 

They have found success in their approach, and this raises to light the efficacy of community-led change in shifting cultural and religious practices that are harmful or no longer serve a group of people.

In order to make the desired impact of changing this law, it should be a collective effort between the government, civil society, community organizations, and international watchdogs.

The law change is a major step in the right direction, but requires constant attention to maintain its efficacy.

In making significant changes in cultural and religious practices in the future, what is the best approach? 

Policy change? Or community-led approaches?

Sources

Lugiai, M., Shalabi, Y., Racalbuto, V. et al. Female Genital Mutilation in Sudan: is a new era starting?. Sexuality & Culture 25, 1540–1545 (2021). https://doi.org/10.1007/s12119-021-09823-y

“Sudanese activists demand legal framework on FGM ban.” Africanews, 6 May 2020, https://www.africanews.com/2020/05/05/sudanese-activists-demand-legal-framework-on-fgm-ban//. Accessed 1 May 2022.

“Sudan ratifies law criminalizing female genital mutilation.” ABC News, 10 July 2020, https://abcnews.go.com/International/wireStory/sudan-ratifies-law-criminalizing-female-genital-mutilation-71723523. Accessed 1 May 2022.

Werft, Meghan, and Daniele Selby. “School in Sudan trains midwives to end FGM.” Global Citizen, 5 February 2016, https://www.globalcitizen.org/en/content/school-in-sudan-trains-girls-and-women-to-end-fgm/. Accessed 1 May 2022.