Highlighting that FGM is one of the predominant forms of violence against women (VAW) in Eritrea, the article critically interrogates the anti-FGM law promulgated by the Eritrean government. By providing detailed background information on the harmfulness of FGM, the article discusses the shortcomings of the new legislation and the overall strategy of the Eritrean Government in the eradication of FGM. It concludes that in countries such as Eritrea, where FGM is culturally deeply rooted, outright criminalisation without effective accompanying mechanisms is not always advisable. According to the findings of the article, FGM can only be eradicated by a multidimensional approach, which must encompass, among other things: meaningful and comprehensive education and campaign programmes, the involvement of independent democratic institutions and processes, as well as community and civil society engagement. All of such factors are acutely missing in the current politico-legal situation in Eritrea. Furthermore, the legislation also falls short of the requirements of legitimacy from which the power and enforceability of the law should emanate. Accordingly, the article asserts that a legislative action inherently suffering from severe inadequacies merged with apparent lack of government commitment in the promotion of human rights and democratisation will not meaningfully help in the eradication of FGM.  

One of the most important observations made by the article is that it highlights some possible ulterior motives that necessitated the promulgation of the law. It is accordingly argued that the law may not have emanated from a genuine commitment to promote women’s rights in Eritrea. Conversely, analysis of the political and diplomatic developments before and after the legal ban are indicative of some degree of hastiness on the part of the Eritrean government aimed at attracting foreign aid and refurbishing the severely tarnished image of the government in front of international donors. The article equally criticises the unquestioning stance adopted by the EU towards such a tactfully orchestrated political ploy. Immediately after the promulgation of the FGM Proclamation, a senior EU official singled out the measure and praised Eritrea for that. At the same time, the EU approved a development assistance of €122 million to Eritrea. The grant of such a large amount of development aid without meaningful preconditions, concludes the article, has seriously undermined the commitment of the EU to human rights and democratisation. Finally, the article concluded that without the establishment of a democratic and constitutional order, the realisation of women’s rights would remain a distant dream in Eritrea. The article is expected to contribute towards advocacy and campaign programmes of Eritrean civil society organisations around the world.  

The article, authored by Daniel R Mekonnen, is titled: “The Abolition of Female of Circumcision in Eritrea: Inadequacies of New Legislation.” The article is included in the November 2007 issue of the African Human Rights Law Journal but has only been made public recently. The journal is published by the Centre for Human Rights at the University of Pretoria. Copy of the article is available on request from the Head Office of EMDHR.  

19 February 2008 

EMDHR

Pretoria, South Africa