Tackling Female Genital Mutilation in Colombia

Three months ago, two girls fell victim to Female Genital Mutilation (FGM) in Bogotá, Colombia. They were members of the Embera Indigenous community, forcibly displaced by illegal armed groups and residing in Bogota’s National Park, demanding that the State upholds their rights and secure their return to their ancestral lands.

This distressing news sparked widespread outrage amongst Colombians and fuelled prejudice against the Embera community. In response, Congressman Christian Garcés introduced a bill aiming to enforce a 12 to 20-year prison sentence for those responsible for carrying out FGM. FGM is, however, mainly practised by Embera midwives, mothers and grandmothers themselves, often providers for their children. Colombia's National Constitution acknowledges indigenous communities' autonomy and right to a differentiated justice system. As a result, this proposed bill presents a potential clash with the rights and autonomy of women and indigenous communities.

Punitive approaches without cultural transformation are inadequate and ineffective

FGM harms countless girls and women, and the state is failing to prevent and eradicate the practice. While the exact number of FGM victims remains unknown, the Ministry of Health estimates that two-thirds (approximately 130.000)  of Embera women have endured this practice. Its perpetuation is sustained by midwives who pass down cultural traditions from generation to generation. As this harmful custom is deeply rooted in sexist cultural beliefs and negative attitudes toward women and their bodies, it is crucial to recognise it as a byproduct of the Embera patriarchal social structure, which perpetuates gender inequality and violence against women, and the state should implement a comprehensive national policy that emphasises cultural transformation. Operating a punitive approach will only further endanger and victimise women while also fuelling prejudice against the Embera community.

Substantial evidence from other countries’ experience has shown that punitive approaches without cultural transformation are inadequate and ineffective for FGM eradication. Additionally, the criminalisation of the act and the imprisonment of midwives often result in unintended outcomes, such as an increase in the concealment of cases and higher incidences of gender violence.

The United Nations Population Fund (UNFPA) has acknowledged the limitations of using punitive measures to address FGM. After conducting a comparative analysis of policies in several African and Asian countries, the organisation has highlighted the practical challenges of including FGM in criminal provisions, particularly when applied to the victim's family members. Criminalising midwives and parents can have unintended negative consequences and impact the financial situation of the victims. UNFPA suggests suspending sentences for family members without exempting them from criminal responsibility as a potential solution. The organisation emphasises that criminalising midwives and parents should be a last resort, with a greater focus placed on prevention and protection measures for girls and women.

A focus on cultural transformation

Acknowledging the historical absence of the State in this matter and the potential problems that incarcerating Indigenous women might pose for the well-being of Embera girls, women and FGM victims, Congress Representative Carolina Giraldo Botero, Head of the Congress Legal Commission for Women's Equality, put forth a different bill. Her proposal focuses on cultural transformation rather than a punitive approach. It has been shaped through extensive collaboration with Embera women's movements and has received resounding approval from Embera leaders.

Representative Carolina’s bill focuses on intercultural education, institutional strengthening, trust-building, prevention, monitoring, and evaluation. The bill aims to establish a long-term national policy for preventing and eradicating FGM in Colombia by enhancing cultural transformation. If passed, this bill could help guarantee both the human rights of Embera girls and women and the rights and autonomy of the Embera community. However, all parties - Representative Carolina, Embera Women's grassroots movements, and civil society advocates - must come together to persuade the state to adopt this approach, a challenge due to the limited resources and capacity of the Colombian state, given the costs involved underpinning a comprehensive policy for cultural transformation.  Raising awareness of this issue within the international community to ensure their support is crucial to garner economic support.

A profound injustice

Towards the end of the academic year, every MPP student undertakes a Summer Project, a placement at a policy-focused organisation where you can apply everything you have learned through the year to real-life challenges. I was fortunate to carry out my Summer Project in Colombia, where I collaborated with Representative Carolina’s Legislative Work Unit on this policy proposal on cultural transformation. It was a challenging but rewarding experience, as I gained a deep understanding of the intricacies of policy-making, especially when working with Indigenous communities and limited budgets, as is often the case in Colombia, a middle to low-income country.

FGM is a profound injustice that demands urgent government action. The state’s reactive approach has merely allowed the issue to fester, deepening Embera girls' and women’s vulnerability and perpetuating gender inequality within the Embera community. The lack of action has also fuelled legal populism. Colombia risks adopting a punitive approach against FGM, endangering Embera women and deepening gender inequalities within the community. A cultural transformation approach would be a better path, leading to a social model of equality, mutual respect, recognition, and cooperation between men and women in the Embera community.

María Emilia Gouffray is a Chevening Scholar.