بسم هللا الرحمن الرحيم In The Name Of Allah The Most Benevolent, The Most Merciful The State of South Kordofan The Legislative Council The Female Genital Mutilation/ Cutting (FGM/C) Prohibition Act Of the Year 2008
بسم هللا الرحمن الرحيم In The Name Of Allah The Most Benevolent, The Most Merciful The Female Genital Mutilation/ Cutting (FGM/C) Prohibition Act of the Year 2008 Pursuant to the provisions of South Kordofan State Interim Constitution of the Year 2006, the Legislative Council of the State of South Kordofan passed this Law in the following text: Chapter One Introductory Provisions The name of the Act and starting date of its enforcement: 1/ This Law shall be named the Female Genital Mutilation/ Cutting (FGM/C) Prohibition Act of the Year 2008 and shall enter into forces as of its signing date. Interpretation 2/ In this Act unless the context dictates otherwise meaning, the following words and phrases therein shall have the meanings next to each:- The State: Means the State of South Kordofan The Governor: The Governor of the State of South Kordofan The Minister: Is the Minister within whose competence falls the child affairs The Council: The Child Welfare Council in the State of South Kordofan.
The Professional: The person specialized in the domain of health (a health specialist). Child Protection Group: Are the institutions and organizations working in the field of child protection. The Practitioner: Is the non-specialist in the health field. The Female: Is the child-girl under the age of 18. The Female Genital Mutilation/Cutting (FGM/C): Is the partial or full removal of any external sexual organs (genitalia) of the female. The Compensation: Redress to the FGM/C victims The Prevalence of the Provisions of the Act 3/ The provisions of this Act shall prevail over any inconsistent provision in any other state law in interpretation in favor of the interest of the female to the extent that removes this inconsistency. Chapter Two The General Principles 4/ While enforcing and applying the provisions of this Act the interpretation of the terms cited in the principles contained in the Convention on the Rights of the Child of the Year 1990, The National Child Act of the Year 2004 and the Interim Constitution of the State of South Kordofan of the Year 2006 and the State Child Act of the Year 2008 and the policies and decisions and the directives put by the Legislative Council, thus the following general provisions shall be the basic principles in the enforcement and application of this Act.
(1) There lies on the parents or he who assumes their position, the first responsibility for the protection of the female from female genital mutilation/cutting (FGM/C). (2) The prevention of the FGM/C crime is the duty of all the people. (3) Reporting on the FGM/C crime is the duty of everyone (4) On whichever no special text is cited in this Act, the Sudan Penal Code (Sudan Criminal Law and Criminal Procedure Act or any other relevant law shall apply. (5) The Female Right To Special Compensation (6) Reconciliation or pardon or waiver of the special compensation by the victim guardian shall be impermissible in the FGM/C crime (7) The FGM/C crime drops after fifteen years from the date of the circumcision. Chapter Three The FGM/C crime, attempting to commit it, being criminal accomplice, instigating it and giving assistance The FGM/C Crime 5/ There shall be considered as committing the FGM/C Crime anyone who causes partial or full removal of the external female genitalia. Attempting to Commit the FGM/C Crime 6/ Anyone who attempts to commit an FGM/C Crime by performing an act that is an apparent evidence of the intention to
commit the FGM/C Crime shall be deemed guilty of attempting to commit it. Being an accomplice in execution of FGM/C Crime 7/ If two persons or more have committed the FGM/C Crime, each one of them shall be liable for it as if he/she had committed it alone. Incitement 8/ (1) Whoever incites a person to commit the FGM/C Crime or ordering a person under his authority to commit it shall be guilty of committing the crime of incitement. (2) Anyone who incites a person to commit FGM/C Crime and is present at the time of its occurrence shall be guilty of committing the crime. Covering Up 9/ Anyone who witnesses or knows of the occurrence of FGM/C Crime and does not report on it shall be deemed guilty of covering up the FGM/C Crime. Chapter Four The Protection The Duties of the Council 10/ The Council must coordinate with the judicial, legal and security authorities and strives to achieve the following: (1) Recognizing/ acknowledging the vulnerability of child-girlvictims while observing the privacy of the procedures.
(2) Raising awareness of female victims of their rights and their role in the procedures and actions and the timing thereof. (3) Allowing the viewpoints of the female victims and take them into consideration and looking in the lawsuits and proceedings compromising their personal interests. (4) Providing appropriate legal and social assistance services for female victims during the lawsuits and legal proceedings. (5) Protecting the privacy and identity of female victims and taking the necessary measures. (6) Guaranteeing the protection and safety of female victims, their families and the witnesses from being hurt. (7) Follow up the judgments in the cases and the execution of orders and decisions granting compensation to the female victims. Law Enforcement Mechanisms 11/(1) The Council may establish mechanisms to enforce the rights and obligations provided for in this Act. (2) Without prejudice to the foregoing the Family and Child Protection Unit of the Ministry of Interior and the units mentioned below shall provide the necessary protection to the child-girls. The Duties of the Ministry of health 12/ The Ministry of Health shall provide information necessary at the birth of each child-girl provided the protection from FGM/C Crime shall be added to the duties of primary health care and its mechanisms and the health cadres training programs and
mechanisms and bring the health personnel who practice FGM/C Crime to legal punishment. The Duties of the Ministry of Education 13/ The Ministry of Education in the State shall include the culture of protection from harmful traditional practices, especially the female genital mutilation/cutting (FGM/C) and shall establish the special mechanisms to ensure the implementation thereof. The Duties of the Ministry of Culture, Information, Youth and Sports 14/ The Ministry of Culture, Information, Youth and Sports should develop extensive programs for audiovisual and print mass media to raise awareness of the harms and damages of FGM/C from health, psychological and social aspects and spread positive messages for the protection against FGM/C and encourage collective abandonment of FGM/C besides including the youth centers in the cities of the State to partake in the activities and lectures exposing the FGM/C harms and damages and the benefits of abandoning it. The Duties of the Ministry of Social Welfare and Women and Child Affairs 15/ The Ministry of Social Welfare and Women and Child Affairs shall promulgate the culture of child protection especially prohibition of FGM/C through its programs designed for urban and rural communities and through women's centers and D awa (Call) and Guidance Department and the social researchers working in all State units.
The Duties of the Ministry of Rural Development and Water 16/ The Ministry of Rural Development and Water shall design programs on the harms and damages of FGM/C and the advantages of FGM/C abandonment through the development projects in the rural areas of the State through the development committees that have centers in all the villages of the State. The Duties of Child Protection Group 17/ The child protection group shall design programs to combat the harmful traditional practices, especially the FGM/C and adopt collective protection and abandonment projects by encouraging all the organizations working in the field of childhood to include programs for FGM/C elimination within the programs they provided to the communities. Chapter Five Preventive Actions/ Measures The Duty of Reporting an FGM/C Crime and Providing Assistance 18/ (1) The policeman, the civil administrator or any person authorized by the law to maintain public security and order must do his/her best efforts to prevent FGM/C crime or continuation thereof. (2) Everyone must help the police, the prosecutor or the judge when requested to help reasonably to prevent or stop an FGM/C crime.
(3) Every person must as swift as possible inform the nearest prosecutor, police or people s/ civil administrator whenever he/she gets knowledge of embarking on an FGM/C or crime or the occurrence thereof. Authority / Power of Issuing Preventive Orders/ Warranties 19/(1) If a report is submitted to a prosecutor office that someone is likely going to commit FGM/C crime, it may issue a subpoena order/ warranty to that person to come before it or for searching a suspected place. (2) While observing the provisions of the Ministry of Justice Organization Act of the Year 1983 and the Criminal Procedures Act, the prosecutor office or court when getting the person in front of it, it shall interrogate him/ hear immediately and shall conduct any investigations/ inquiries it deems necessary. (3) If the investigation/inquiry deemed it appropriate to get the person must sign an undertaking or be bailed or otherwise, the prosecution office shall issue a warranty/ order to this effect Release On Bail 20/ While observing the procedures contained in the Criminal Procedures Act, the prosecutor shall release the person arrested in FGM/C crime on bail if the release does not pose a threat or breach of the public security and order so the person shall deposit a sum of money equal to what it may be awarded in compensation to the victim based on the first and second tables of the Criminal Code (Sudan Penal Code).
Chapter Six Crimes of Insulting, Name-Calling, Tarnishing and FGM/C Promotion Insulting and Name-Calling 21/ Anyone who insults or name-calls someone with regard to combating FGM/C crime not amounting to defamation or tarnishing with the intention to humiliate that person shall be punished with the penalty prescribed under the Criminal Code (the Penal Code). Defamation 22 (1) There shall be deemed guilty of the offence of defamation anyone who spreads, tells or conveys to another person by any means information/ anecdotes attributed to a particular person or an assessment of his/ her conduct with regard to FGM/C fight or for not practicing FGM/C with the intention to inflict damage to his/ her reputation. (2) A person shall not be deemed intending to damage the reputation in any of the following cases:- A- if his act is done in the context of any litigation proceedings to the extent required for publishing such procedures. B- If his act is done in the context of advice in favor on the one who wants to deal with the person or for the public good.
C- If the attribution of facts is done in good faith to advise someone infamous of such or the person is barefaced publicizing what was attributed to him/ her. D- If the appraisal/ evaluation is done to someone who exposed himself or his work to the public opinion to judge and the appraisal was to the extent required for the judgment. Promotion 23/ There shall be deemed as committing an FGM/C promotion crime anyone who: (1) Makes, portrays, renders permissible or produces, spreads, publishes, distributes or issues material inciting for practicing FGM/C or circulates/ exchanges such. (2) Deals in materials inciting for FGM/C practicing or runs a gallery or forum in a public place and presents a material, demonstration inciting FGM/C practicing or allows the presentation thereof. Running a Place for Practicing FGM/C 24/ Anyone who runs a place for practicing FGM/C or knowingly rents or allows the use of such a place shall be deemed as committing the FGM/C crime. Chapter Seven The Punishments The Punishments on Committing FGM/C Crime
25/(1) He who commits an FGM/C crime shall be punished with:. Ten years in prison and indemnity compensation if -أ he/she causes the death of the victim. B- Imprisonment not exceeding three years with financial compensation in case of the death of the victim. C- Life imprisonment in case of return to committing the FGM/C crime (2) The work permit may be withdrawn if the practitioner has practiced FGM/C for the first time. (3) The work permit must be withdrawn and the work place confiscated in case of return of the practitioner to practicing FGM/C. (4) The court may, in addition to any penalty it imposes under this law, to sentence any other penalty under the Criminal/ Penal Code or any other law. The Punishments on Attempting to Commit FGM/C Crime 26/(1) Anyone who attempts to commit FGM/C crime shall be punished by imprisonment for no more than two years with a fine imposed by the court against the practitioners. (2) Any professional who attempts to commit an FGM/C crime shall be punished by imprisonment for a term not exceeding three years with a fine determined by the court. The Punishment on Agreeing to Commit FGM/C Crime 27/(1) Whoever agrees to commit an FGM/C crime shall be punished with imprisonment not exceeding three years with a fine determined by the court on practitioners.
(2) Whoever agrees to commit an FGM/C crime shall be punished with imprisonment for a period not exceeding five years and a fine determined by the court for the professionals. The Punishment on Incitement to Commit FGM/C Crime 28/ Anyone who incites for committing an FGM/C crime shall be punished with imprisonment not exceeding two years, with a fine determined by the court. The Punishment on Covering Up an FGM/C Crime 29/ Anyone who covers up an FGM/C crime shall be punished with imprisonment for a term not exceeding two years with a fine determined by the court for non-professional practitioners. The Punishments on Promotion for Committing FGM/C Crime 30/ (1) Anyone who promotes the practice of FGM/C shall be punished with imprisonment not exceeding three years with a fine determined by the court. (2) In all the cases of promotion cited in Article 23 of this Act, the court must order the destruction of exhibit materials inciting for FGM/C practicing and the confiscation of collected funds and hardware and equipment used in the production thereof besides it shall be permissible to also order the closure of the place of production. The Punishment On Running FGM/C Practicing Place
31/ Anyone who runs a place for practicing FGM/C shall be punished with imprisonment not exceeding two years with a fine determined by the court and in all cases the court shall confiscate the place i.e. the crime scene. Chapter Eight General and Final Provisions Physical and Psychological Rehabilitation 32/ (1) the court may refer the victim to physical and psychological examination by a qualified medical and psychological committee with the purpose to prepare a report on her case and recommends the appropriate program of physical and psychological rehabilitation for her. (3) The court must order the enforcement of the recommendation issued by the medical and psychological committee by an institution specialized in the field of childhood, be it governmental or voluntary institution. The Authority/ Power to Issue Regulations 33/ The Minister may issue regulations to implement the provisions of this Act. Testimony I, Ibrahim Mohammed Belandiah, the Speaker of the Legislative Council of South Kordofan State, certify that the Legislative Council has passed in its round... and session No.:
(...) dated:...the Female Genital Mutilation/ Cutting (FGM/C) Prohibition Act of the State of South Kordofan of the Year 2008. I approve Signature:... Omar Suleiman Adam Ibrahim Mohamed Belandiah Governor of South Kordofan Speaker of Legislative Council State /South Kordofan Date:../../2008 Date:../../2008