By Ibrahim Yillah Esq. As we commemorate Men’s Mental Health Month and continue the crucial conversations surrounding the recognition and advancement of men’s mental health issues, it is important to appreciate that mental health concerns are not limited to masculinity alone. A community can only be regarded as healthy and safe when effective mechanisms exist to protect all rights that are inextricably linked to human dignity and worth. To that end, this literature provides a brief legal insight into female circumcision, a
widespread cultural practice in Sierra Leone that has given rise to significant legal, social, and human rights concerns.
I have been following the thought-provoking discussions on female genital mutilation, and I thought it fit to join the conversation. To begin with, let me commend members of the incumbent Government for actively engaging with citizens through social media. By extension, members of the opposition have also been doing extremely well in this regard. This is the first time in the history of this country’s politics that we have been able to criticize and engage with our leaders so effectively through social media.
It is unheard of for persons subjected to female genital mutilation through cultural practices to come forward and disclose their ages, as the declaration of age is immaterial to preventing the circumcision process. This is particularly so because the majority of those subjected to female circumcision are girls under the age of eighteen who, as minors, lack the capacity or authority to influence the decisions of their parents, guardians, or relatives concerning their initiation into the Bondo/Sande Society.
We have seen a good number of videos on social media showing females dressed in white or other African attire, adorned with flashy necklaces, bracelets, and earrings upon completing their initiation into the Bondo/Sande Society. The majority of these females are minors who do not even understand the concept of consent; therefore, the issue of whether they are underage is hardly debatable. They need not state their ages for people to recognize that such girls are not consenting adults.
While the implementation of laws aimed at ending female genital mutilation is fraught with numerous challenges, particularly since even the primary legislation concerning children’s rights—the Child Rights Act—does not expressly prohibit the practice, it behoves us as citizens to contribute to the enforcement of those laws that are practicable and capable of being invoked. Another way in which we can play our part is by refraining from endorsing female genital mutilation in any context or form.
The common law position is that no person can consent to the infliction of grievous bodily harm upon herself, except in certain legally recognized circumstances such as properly conducted sporting activities, surgery, tattooing, and other similar lawful activities. Let us assume, for the sake of argument, that female circumcision is lawful because the Child Rights Act 2025 does not prohibit female genital mutilation. Even so, the law would not recognize the validity of such a practice where underage girls are coerced into undergoing circumcision. Consequently, whatever form or mechanism the circumcision takes would be rendered unlawful. By this common law position, it is safe to posit that even adults cannot validly consent to female genital mutilation, whether voluntarily or otherwise.
Pursuant to the interpretation section of the Child Rights Act, the age of eighteen is presumed to be the age of majority in Sierra Leone. We may also rely on Section 31 of the Constitution of Sierra Leone, Act No. 6 of 1991, although that provision deals specifically with the registration of voters. Assuming once again that female circumcision is lawful, how do we reconcile its legality with the common law position that “no person can consent to the infliction of grievous bodily harm upon herself”?
It goes without saying that circumcision involves the cutting of a sensitive organ of the female body and, as alleged, this act is often carried out with little or no medical precautions. Consequently, it is difficult to bring the practice within any of the recognized exceptions to the common law principle relating to grievous bodily harm. Furthermore, by virtue of Section 170(2) and (3) of the Constitution of Sierra Leone, Act No. 6 of 1991, the laws of this country recognize and give effect to customs, making them applicable to certain groups of people. However, the law will not uphold any custom that is deemed inimical to human dignity and worth.
When minors, and even consenting adults, undergo female circumcision, a plethora of their fundamental human rights, as enshrined in Chapter III of the Constitution of Sierra Leone, Act No. 6 of 1991, are implicated or infringed. These include the right to life, protection from inhuman treatment, freedom of conscience, freedom of expression, freedom of movement, and other constitutionally guaranteed rights. Furthermore, the circumcision of underage girls violates the very legislation enacted to safeguard and protect the rights of children—the Child Rights Act.
My mother endured a brutal experience after being coerced into circumcision in the bush. She has often told me how much of her childhood and adolescence was marked by that experience. A couple of months ago, she appeared on the radio and painfully recounted how she put up strong resistance during her forced circumcision but was ultimately overpowered. She experienced firsthand the trauma, pain, grief, and anxiety associated with female genital mutilation. She endured severe physical and psychological suffering, and had she possessed the ability to prevent it, female genital mutilation would have ended with her many years ago.
The most interesting aspect of the argument surrounding female circumcision is that some wealthy parents who underwent female genital mutilation themselves are unwilling to allow their own children to go through the same experience. Nevertheless, they continue to promote the practice so that children from poorer families are subjected to the same ordeal.
We cannot exalt culture at the expense of human dignity and worth. This is not the tradition that should be passed on to the next generation.
#EndFGM
