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Mali: FGM Criminalization Absence Persists Despite New Penal Code

Mali·Briefly Analysis⏱️ 5 min read

Summary

  • An estimated nine out of ten women and girls in Mali have undergone Female Genital Mutilation (FGM), making it one of the highest rates in West and Central Africa.
  • Mali currently lacks specific domestic laws that explicitly criminalize FGM, though the 2024 Penal Code allows for prosecution under general assault provisions.
  • Sidi Haidara, a community leader in Mopti, transformed from defending FGM as tradition to actively advocating for its abandonment after participating in UN Women-led training.
  • UN Women, with financial support from the German government, implements community-driven initiatives across Mali's Mopti and Gao regions, including 50 local projects and eight dialogue platforms.
  • These programs emphasize fostering change through dialogue, trust, and community ownership, rather than relying on legal enforcement in the absence of specific FGM criminalization.

Mali's Legal Vacuum on FGM

Without specific Mali FGM criminalization laws, the emphasis remains on sustained advocacy, education, and the empowerment of local champions.

Mali faces a significant challenge in combating Female Genital Mutilation (FGM), with an estimated nine out of ten women and girls having undergone the procedure. This alarming prevalence positions Mali among the countries with the highest rates of FGM across West and Central Africa. Despite the widespread nature of this harmful practice, a critical legal gap persists regarding specific domestic laws that explicitly criminalize FGM. While the new Penal Code, promulgated on December 13, 2024, allows for prosecution of FGM under general provisions for intentional assault and battery resulting in mutilation, it does not create a separate offense explicitly dedicated to FGM. Therefore, while direct criminal prosecution is now possible under these general provisions, a specific legal framework targeting FGM as a distinct crime remains absent.

The lack of specific legislation creates a complex environment for those advocating against FGM, as efforts cannot rely on the deterrent effect of criminal penalties. This legal gap is further complicated by deeply entrenched social norms and traditional beliefs that often underpin the practice. Recently, this adherence to tradition was underscored by an all-male campaign launched in Mali, explicitly defending FGM on cultural grounds. This highlights the profound societal challenges that must be navigated in the absence of a robust legal deterrent, making community-led initiatives and advocacy particularly vital.

A Community Leader's Transformation

Amidst this challenging landscape, figures like Sidi Haidara, a respected father and community leader from central Mali, exemplify the potential for internal change. Haidara initially championed FGM as an integral cultural practice, viewing it as a tradition passed down through generations that warranted preservation. His perspective, common among many in his community, saw the practice as an unchangeable part of life.

However, Haidara's views underwent a profound shift after he engaged in a series of training sessions, workshops, and community dialogues. These programs, part of the "Men and Boys as Agents of Change" project implemented by UN Women with financial backing from the Government of Germany, exposed him to the severe physical, psychological, and social consequences of FGM. This exposure led him to question his long-held beliefs, realizing that no tradition should compromise a girl's health, rights, or future. Today, Haidara actively works in Mopti, Mali, leading dialogues that encourage families to abandon the practice and prioritize the protection of girls' rights.

Grassroots Advocacy and Shifting Norms

Sidi Haidara's personal journey has translated into tangible grassroots action. He now regularly organizes awareness-raising sessions, engaging diverse community members including families, religious leaders, young people, and women. Rather than dictating opinions, Haidara fosters open conversations about safeguarding girls and challenges deeply ingrained beliefs through dialogue. He has observed encouraging progress, noting that more parents are beginning to ask questions, several families have chosen to abandon FGM, and discussions surrounding girls' protection have become more transparent.

This localized effort is part of a broader strategy supported by UN Women and the German government, operating across the Mopti and Gao regions of Mali. This initiative collaborates with religious and traditional leaders, women, youth, and men like Haidara to implement community-driven programs aimed at preventing violence against women and girls and confronting harmful social norms. To date, 50 such community initiatives have been launched across these two regions, complemented by eight dedicated community-dialogue platforms that provide spaces for ongoing discussions about girls' rights, their protection, and strategies to prevent gender-based violence.

Why Community-Led Change Matters

The experience of Sidi Haidara and the broader efforts in Mali underscore a crucial lesson: in contexts where social norms are deeply entrenched and a specific legal framework for criminalization is absent, change often originates from trusted voices within the community. Haidara's conviction that lasting transformation cannot be imposed but must grow through dialogue, trust, and community ownership is central to this approach.

His belief that "protecting girls today means investing in the future of our entire community" encapsulates the long-term vision driving these initiatives. Without specific Mali FGM criminalization laws, the emphasis remains on sustained advocacy, education, and the empowerment of local champions. These efforts are vital for gradually shifting mindsets and fostering a societal environment where the health, rights, and future of every girl are unequivocally prioritized over harmful traditional practices.

Practical Implications

This article highlights a critical legal vacuum in Mali: the absence of specific domestic laws criminalizing Female Genital Mutilation. Lawyers and compliance officers advising on human rights, public health, or development initiatives in Mali must understand that legal interventions against FGM cannot rely on direct criminal prosecution under Malian law, necessitating a focus on advocacy, policy reform, and international legal frameworks.

Source

Source: Original reporting via UN Women.

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