PETITION TO ERADICATE FEMALE GENITAL MUTILATION (FGM) AMONG COMMUNITIES LIVING ALONG THE KENYA-TANZANIA COMMON BORDER

The petition is a compelling document aimed at addressing the issue of Female Genital Mutilation (FGM) in the cross-border communities between Kenya and Tanzania. The petition emphasizes on the disparities in legislation and enforcement between the two countries, the impact of cultural norms, and the challenges posed by cross-border movements that allowed this harmful practice to continue.

Petition Details:

• Title: Petition to Eradicate Female Genital Mutilation (FGM) among Communities Living along the Kenya-Tanzania Common Border
• Submitted to:
  • Office of the Clerk (EALA): P.O. Box 1096, Arusha, Tanzania; Email: eala@eachq.org
  • Office Secretary General (EALA): P.O. Box 1096, Arusha, Tanzania; Email: eac@eachq.org
• Received On: 25^th August 2024

Submitting Organizations:

1. Mabera Social Accountability Network (MSAN)
   • Email: msancbo24@gmail.com
2. Kuria West Social Accountability Network
   • Email: kuriawestsan@gmail.com
3. Ntimaru Social Accountability Network
   • Email: ntimarusancbo@gmail.com
4. Kuria East Social Accountability Network
   • Email: kesanvoices@gmail.com

Submission Date:

• Date: 24th August 2024

Key Issues Raised:

1. Disparity in Legislation and Enforcement: Differences between Kenya's and Tanzania's anti-FGM laws create enforcement challenges, particularly in border regions. Kenya's laws are more recent and comprehensive, while Tanzania's laws, although pioneering, lack equivalent institutional support.
2. Cross-Border Evasion of Law: Perpetrators exploit the porous Kenya-Tanzania border to evade stricter enforcement, facilitating FGM practices where legal repercussions are perceived to be lower.
3. Impact on Affected Communities: FGM perpetuates gender inequality, social exclusion, severe health risks, and economic challenges, including impeded education and healthcare burdens.
4. Regional Human Rights Obligations: The need for a harmonized legal approach across East African countries to effectively combat FGM and protect human rights.

Legal and Constitutional Foundation: The petition highlights the legal frameworks in both Kenya and Tanzania, emphasizing Kenya's Prohibition of Female Genital Mutilation Act (2011) and Tanzania's Anti-Female Genital Mutilation Act (1998). It references international human rights treaties, such as CEDAW and CRC, which both countries are obligated to uphold, stressing the importance of harmonizing national laws with international norms to ensure consistent protection across borders.

Prayers and Recommendations:

1. Harmonization of Laws: The petition calls for the East African Legislative Assembly (EALA) to work towards harmonizing anti-FGM legislation across the East African Community (EAC) to close enforcement gaps.
2. Enhanced Cross-Border Cooperation: Strengthening cooperation between Kenya and Tanzania to monitor and prevent cross-border FGM activities.
3. Community Engagement: Implementing programs to educate and sensitize border communities about the dangers of FGM and promote alternative rites of passage.
4. Support for Survivors: Allocation of resources to provide medical, psychological, and legal support for FGM survivors.

Specific Departmental Recommendations:

1. Law Enforcement: The petition recommends improving the capacity of law enforcement agencies in border areas and increasing surveillance and reporting mechanisms.
2. Health: Strengthening healthcare systems to address the immediate and long-term health complications of FGM and ensure accessible support for survivors.
3. Education: Promoting education for girls as a critical strategy to prevent FGM and empower communities to reject the practice.
4. Cultural Affairs: Encouraging cultural shifts through community dialogue and the promotion of alternative rites of passage that uphold the dignity and rights of girls and women.