What is contained in the Bill?
By Madinah Tebajjukira
On December 10, 2009, Parliament passed the Female Genital Mutilation (FGM) Bill into law. The Bill that had been tabled by the Kikinzi East MP Dr. Chris Baryomunsi, is awaiting the President’s approval to become an Act of Parliament.
The Bill outlaws FGM, a common practice among the Sabiny, Karimojong, and Pokot communities of eastern Uganda and Somali refugees.
According to the proposed law, any person who carries out FGM is liable, upon conviction, to imprisonment of 10 years.
The Bill also states that if convicted, a parent, guardian or any person having authority over the victim as it has been the practice, would be sentenced to 15 years imprisonment. Young girls aged 14 years and above have always been coerced by their parents and guardians to undergo FGM on claims of initiating them into womanhood.
In cases where FGM is carried out by a medical doctor for non-medical purposes, the doctor would face a 15-year prison sentence, in addition to having his practising certificate deregistered for five years.
Where death occurs, the offender is liable to life imprisonment.
Where an individual carries out FGM on oneself, or permits it to be performed on her, is liable to five and 10 years in prison, respectively.
The Bill also outlaws procuring FGM and clearly spells out the punishment for any person who procures, counsels and aids or supports a girl or woman to perform FGM on herself. Such a person, the Bill adds, is liable to 10 years in prison.
Any person who participates in any activity that subjects a girl or woman to FGM could face five years in prison.
“Where the offender is a parent, guardian or a person having authority or control over the victim, he/she is liable to imprisonment of eight years,” reads the Bill. Even when the offender proves that the victim consented to the exercise, it would not be defend the perpetrator from prosecution.
Where one is convicted of any offence under the proposed law, the court may order him or her to compensate the FGM victim. The compensation will depend on the injuries inflicted on the victim.
In order to wipe out FGM, court, according to the Bill, has the mandate to protect any girl or woman who is afraid to undergo FGM. Any person who is likely to undergo FGM, would apply to court seeking an injunction to restrain any person from performing FGM on her.
The Bill further adds that a victim of an offense under the proposed law would be considered for provision of safe and appropriate accommodation and material assistance where necessary and possible, and the assistance shall be provided in accordance with their special needs.
The Bill also encourages civil society organisations and other support agencies to provide support to victims of FGM, especially children.
Even when the offence is committed outside Uganda, the offender shall be held responsible, as long as the victim is ordinarily a resident in Uganda.
If the Bill is assented to by the President, it would be mandatory upon a health worker, medical doctors and members of the community to report any body who intends to carry out FGM to the Police or any other relevant authority.
Failure to report any person who has carried out FGM or intends to do so, would be liable to a fine not exceeding sh240,000 or imprisonment for six months, or both. |