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Proclamation 158/2007: A Proclamation to Abolish Female Circumcision
Whereas female circumcision is a procedure that seriously endangers the health of women, causes them considerable pain and suffering, and threatens their lives;
Whereas this procedure violates women's basic human rights by depriving them of their physical and mental integrity, their right to freedom from violence and discrimination, and, in the most extreme cases, their lives;
Whereas the immediate or long-term harmful consequences of this procedure vary according to the type and customs of the procedure performed;
Whereas its immediate consequences include severe pain, hemorrhage that can cause fainting or death, ulceration of the genital region, injury to adjacent tissues, urine retention, and dangerous infections;
Whereas its long-term consequences include recurrent infections of the urinary system, permanent infections of the reproductive system, complications in childbirth (including infertility), and scar formation, such as increasing abscesses in the labia minora and the prevention of menstruation;
Whereas it has been traditionally practiced and is prevalent in Eritrea; and
Whereas the Eritrean Government has decided to abolish this harmful procedure that violates women's rights;
Now, therefore, it is proclaimed as follows:
Article 1. Short Citation
This Proclamation may be cited as "The Female Circumcision Abolition Proclamation No. 158/2007."
Article 2. Definition
In this Proclamation, "female circumcision" means:
- The excision of the prepuce with partial or total excision of the clitoris (clitoridectomy);
- The partial or total excision of the labia minora;
- The partial or total excision of the external genitalia (labia minora and labia majora), including stitching;
- The stitching with thorns, straw, thread, or other means to connect the excised labia, as well as the cutting of the vagina and the introduction of corrosive substances or herbs into the vagina for the purpose of narrowing it;
- Symbolic practices that involve the nicking or pricking of the clitoris to release drops of blood; or
- Engaging in any other form of female genital mutilation and/or cutting.
Article 3. Prohibition of Female Circumcision
Female circumcision is hereby abolished.
Article 4. Punishment
- Whosoever performs female circumcision shall be punishable by imprisonment of two to three years and a fine of five to ten thousand (5,000.00 to 10,000.00) Nakfa. If female circumcision causes death, imprisonment shall be from five to ten years.
- Whosoever requests, incites, or promotes female circumcision by providing tools or by any other means shall be punishable by imprisonment of six months to one year and a fine of three thousand (3,000.00) Nakfa.
- If the person who performs female circumcision is a member of the medical profession, the penalty shall be aggravated, and the court may suspend such an offender from practicing their profession for a maximum period of two years.
- Whosoever, knowing that female circumcision is to take place or has taken place, fails, without good cause, to warn or inform the proper authorities promptly, shall be punishable by a fine of up to one thousand (1,000.00) Nakfa.
Article 5. Effective Date
This Proclamation shall enter into force as of the date of its publication in the Gazette of Eritrean Laws.
Done at Asmara, this 20th day of March, 2007
Government of Eritrea