By Kadijatu Bangura, Reporter, Daily Scope
In a landmark ruling, the Economic Community of West African States (ECOWAS) Court of Justice has found the Government of Sierra Leone in violation of women’s and girls’ rights for its failure to explicitly criminalize Female Genital Mutilation (FGM). The Court described FGM as “one of the worst forms of violence against women,” asserting that it meets the threshold for torture when inflicted intentionally.
The judgment highlights Sierra Leone’s inaction as a breach of the Maputo Protocol, the African Charter on the Rights and Welfare of the Child, and various international human rights obligations mandating states to outlaw harmful practices, particularly FGM. The Court noted that this negligence has resulted in significant physical, psychological, and social harm to affected individuals.
This decision, delivered by a panel of judges representing the 12 ECOWAS Member States, holds Sierra Leone accountable and sets a critical legal precedent for the protection of women and girls across the region.
The case was brought forward by Kadija, a survivor of FGM, with support from 31 partners from The Forum Against Harmful Practices and Purposeful. The case gained international attention after Kadija was forcibly subjected to FGM in 2016 and has since sought justice. The ruling mandates Sierra Leone to take immediate legislative action to prohibit FGM, investigate and prosecute offenders, and provide redress to the survivor, including a financial compensation of $30,000, payable in Leones.
“This hard-won victory has been a decade in the making. While we celebrate today, this is for all girls and women, and the fight continues,” said Kadija.
Dr. Ramatu Bangura, Co-CEO of Purposeful, emphasized that this historic win is not only for Kadija but for the 230 million women and girls who have suffered from FGM. “Inaction is not an option. Sierra Leone has a duty to fully protect our women and girls,” she stated.
Rugiatu Neneh Koroma, Chairperson of the Forum Against Harmful Practices (FAHP), described the ruling as a significant moral victory and a moment of reckoning for the country. “Sierra Leone now bears the responsibility to eliminate this violence that has scarred generations of women and girls,” she remarked.
The judgment comes at a crucial time as Sierra Leone’s women and girls await the reintroduction of the Child Rights Amendment Act in Parliament, aimed at enacting comprehensive laws to uphold their human rights. The world now watches Sierra Leone and ECOWAS to ensure effective implementation of this judgment and to bring an end to impunity surrounding FGM.
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