ECOWAS Court Holds Sierra Leone Accountable for FGM, Awards Damages
In a landmark ruling, the ECOWAS Community Court of Justice has held Sierra Leone accountable for its failure to protect women and girls from female genital mutilation (FGM). The case, brought by the Forum Against Harmful Practices (FAHP), We Are Purposeful, and Ms. Kadijatu Balaima Allieu, has set a significant precedent in the struggle against FGM in Africa.
The Court affirmed that FGM constitutes cruel, inhuman, and degrading treatment, amounting to torture, and rejected cultural relativism as a justification for the practice. It awarded Ms. Allieu 30,000 US dollars in damages and ordered structural changes, including legislation, education, and prosecution to prevent FGM.
The judgment underscored the inadequacy of Sierra Leone's reliance on general gender-equality statutes and stressed the state's duty to investigate, prosecute, and protect women and girls from FGM. This ruling strengthens a regional norm that harmful practices are never shielded by culture and that survivor-centered remedies must be embedded in state accountability.
Litigation has emerged as a powerful tool for feminist movements, demanding accountability from states that fail to protect women and girls from FGM. In The Gambia, a pending Supreme Court case challenges the criminalization of FGM, with the ECOWAS decision providing regional expectations for prohibiting harmful practices.
The ECOWAS Court's judgment in the case FAHP & Others v. Sierra Leone sends a clear message that states must act to eliminate FGM and protect the bodily autonomy and human dignity of women and girls. This ruling is a significant step forward in the ongoing struggle against FGM in Africa, setting a precedent for other countries to follow.
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