Legislative impact on the fight against Female Genital Mutilation/Cutting in The Gambia

(1)

Bachelor Thesis Malmö University Social Work: Bachelor, 15 hp Health & society

Socionomprogrammet 205 06 Malmö

Legislative impact on the fight

against Female Genital

Mutila-tion/Cutting in The Gambia

• A qualitative study examining NGOs’ perception of legislative action to eradicate the traditional practice.

Johanna Stenberg

Carl Thorsson

Stenberg, J & Thorsson, C. Legislative impact on the fight against Female Genital Mutilation / Cutting in The Gambia. A qualitative study examining NGOs

percep-tion of legislative acpercep-tion to eradicate the tradipercep-tional practice Social Work: Bachelor's Thesis 15 hp. Malmö 2019.

Malmö University, Faculty for health and society, institution for social work, 2019.

(2)

Abstract

Over 200 million women and girls alive today have been victims of Female Genital Mutilation / Cutting, and another 3,6 million are at risk every year. This traditional practice is widespread and has gained a lot of attention from Non-governmental organizations, scholars and medical professionals around the world, stating warn-ings about the harmful effects. Yet, the prevalence and continuance are still not regressing in a desirable rate. Many countries have enacted legislative actions against the practice, among these countries is the West African nation of The Gam-bia. The purpose of this qualitative study is to examine and analyse what experi-ences and perceptions NGOs in The Gambia have with using legislative action against FGM /C, how their work has changed due to the legislation as well as ex-amine their perception on local community attitudes towards the law. This has been done using the theories of Cultural Relativism vs Universalism and through selected concepts within Hofstede's Theory of Cultural Dimensions. This study will theorise what happens when a law representing western norms and values gets implemented in a society where culture, traditions and the collective group is highly important. Our findings show that The Gambia, in particularly local communities, holds a strong cultural relativistic mentality and is characterized by a collectivistic culture in which the power distance is high. This society puts emphasis on collective iden-tity, solidarity and collective decisions as well as traditional heritage and cultural values. Implementing a law that promotes western values thus brings problems and a lack of efficiency.

Keywords: collectivism, cultural relativism, female genital mutilation, FGM/C, Gambia, legislation, NGO, universalism

Note of Appreciation

We want to extend our gratitude and direct a thank you to all participants of this study as well as to our friends and families. An extra appreciation is hereby aimed at our thesis supervisor Michael Wallengren Lynch, thank you for your dedication and patience.

(3)

Abbreviation

AU: African Union

CEDAW: Convention on the Elimination of Discrimination against Women DHS: Demographic and Health Survey

FGM: Female Genital Mutilation

FGC: Female Genital Cutting or Circumcision FGM/C: Female Genital Mutilation/Cutting MICS: Multiple Indicator Cluster Survey NGO: Non-governmental organization

UDHR: Universal Declaration of Human Rights UN: United Nation

UNFPA: United Nations Population Fund UNICEF: United Nations Children’s Fund

UNJP: UNFPA-UNICEF Joint Programme on Female Genital Mutilation WHO: World Health Organization

(4)

Terminology and Definitions

There are some differences among scientists, organizations, activists and other stakeholders when it comes to the terminology regarding the practice of physically altering a girl’s genitals. As of today, the most commonly used terms are “female cutting”, female mutilation” and “female circumcision”. The term “circumcision” is considered to be associated with the practice of male circumcision, thus the new term of “mutilation” was established and later adopted by the UN, EU and WHO in order to highlight the harmful aspects of the practice. This terminology, however, has then been perceived as judgemental and in turn stigmatizing, especially for practicing societies. Due to this, another new term was introduced, “cutting”, which is more neutral and medically relevant as well as culturally sensitive. Throughout this thesis, the practice of physically altering a girl’s genitals will be called Female Genital Mutilation/Cutting (FGM/C). The choice of using this terminology is not a reflection on the authors own opinions or values, rather a deliberate choice of vo-cabulary based on what our respondents use when talking about the practice.

“Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons” - WHO, 1997

There are differences, not only in choice of terminology, but also in definitions of FGM/C. However, in this study the definition above, established by the World Health Organization will be used. Furthermore, WHO has categorized four different types of FGM/C:

Type I — Partial or total removal of the clitoris and/or the prepuce

(clitoridec-tomy).

Type II — Partial or total removal of the clitoris and the labia minora, with or

without excision of the labia majora (excision).

Type III — Narrowing of the vaginal orifice with creation of a covering seal by

cutting and appositioning the labia minora and/or the labia majora, with or with-out excision of the clitoris (infibulation).

Type IV — All other harmful procedures to the female genitalia for non-medical

purposes, for example: pricking, piercing, incising, scraping and cauterization. (WHO, 2007)

(5)

1. INTRODUCTION

During an internship in Gambia, the authors of this study developed an increased curiosity of the phenomenon of Female genital mutilation / cutting (FGM/C), wide-spread throughout the country, although the internship did not directly relate to this. After some research the authors noted that a new amendment act, prohibiting the practice, were signed in the end of 2015 as a way of ensuring the eradication of FGM/C in The Gambia. Due to their rather narrow understanding of the phenome-non as an important ancient belief and tradition, the authors were intrigued to find out whether a legislative reform could provide the support needed in the process of ending FGM/C.

Female genital mutilation/cutting (FGM/C) is a procedure involving the removal or altering of some or all parts of female genitals for non-medical reasons (WHO, 2007). Although the exact number of girls and women who have undergone FGM/C is unknown, the World Health Organization (WHO) estimates that at least 200 mil-lion girls and women alive today have been subjected to the practice. Moreover, they stress that another 3,6 million girls are at risk of being subjected to FGM/C every year. FGM/C is an ancient cultural tradition foremost concentrated to the Su-danic belt of Africa, but it is also widely practiced in parts of the Middle East and South Asia. Additionally, due to multiple globalization processes, the phenomenon now transcends geographical borders, thus it is seen as a worldwide concern (WHO, 2018).

FGM/C has been discussed globally for the last four decades and the views on the phenomenon has been polarized with mainly two distinct perspectives. On the one hand, from a universalistic approach, the phenomenon is considered to be harmful and inequitable and thus morally wrong towards women and girls (28 too many, 2015; Insight, 2010). Main actors within this perspective, stating that the procedure is universally non-accepted, are UN human rights bodies and the World Health Or-ganization (WHO, 1997). The universalistic perspective focus on the right to fun-damental human rights and protection for all world citizens with validation coming through ideas that every human being should have the same right to physical, psy-chological and social well-being (Mountis, 1996). Cultural relativists on the other hand, believes that human rights vary from culture to culture. This perspective de-veloped as a kind of resistance to the discourse of universal human rights, where proponents questioned whether it was appropriate, or even possible, to introduce universal (western) norms in a multicultural world (Danial, 2013). In its simplest form, cultural relativists claim that traditional practices such as FGM/C is justified through the right of cultural heritage with arguments of accepting cultural differ-ences, without validation and imposition from any outside authorities. It is argued that women and girls, by dismissing the tradition in favour for western decree, are facing the risk of being alienated from their practicing community and society. Hence, given that it is a basic human need to feel accepted, it is therefore highly

(8)

important to respect the traditions and practices of a culture in such a way that no human is displaced from their own culture or society as a result of adhering to mor-ally accepted norms imposed by external forces (Ibid). There is undoubtedly a con-flict between the two perspectives when talking about FGM/C, in which the contra-dictions contains different views on cultural heritage reducing the importance of fundamental human rights and vice versa. The ramifications of the two perspectives being so far apart becomes especially damaging for the rights of women. Cultural relativists are accused of using culture as a justification for violations of women's rights, whilst, on the other hand, cultural relativists argue that they are the ones standing up for women who believe in the importance of their role within the cul-ture, tradition and religion (Mountis, 1996). Additional standpoints and thoughts within these perspectives will be further presented in chapter 4.

According to The Gambia Demographic and Health Survey 2013, three out of four women have undergone FGM/C, primarily type I and II. Furthermore, 85% among these women think that the practice should continue, one of the main arguments being the traditional and cultural importance (DHS, 2013; 28 too many, 2015). Thus, prevalence and support for FGM/C in The Gambia needs to be considered as high and based on a strong belief in upholding cultural rights. Nevertheless, in No-vember 2015, the National Assembly and President Yahya Jammeh declared a ban on FGM/C in The Gambia which shortly after led to the Women’s (Amendment) Act 2015. Two new sections, 32A and 32B, was added to criminalise and set out punishments for not only performing the procedure but for procuring, helping and abetting the same (Women's (Amendment) Act, 2015). Due to this new legislation The Gambia joined many other practising countries in adopting a legislative reform against FGM/C (28 too many, 2017).

1.1 Problem Statement

As of today, the issue is mainly a subject for the fields of social work and health care. The work within the social work sector in The Gambia is primarily led by Non-governmental organisations (NGO), many of which are committed to elimi-nate FGM/C using various strategies adopted for achieving this purpose. Their work is supported by several local and international declarations, policies, conventions and legislations, including the Women's (Amendment) Act 2015 (Aficon, 2010, Situation Analysis). Since these NGOs do not have capital of their own, they are consequently financed by western society aid money originating from multiple dif-ferent sources, i.e. multilateral organizations such as the UN and the EU. It has also been stated that strong believers in FGM/C as a cultural, traditional and religious obligation often oppose NGOs working towards eradication of the practice. These supporters accuse them of being disloyal towards the cultural and collective values of the communities in The Gambia. One firm argument being that NGOs are ac-cepting Western aid money and in turn also accepts and adopts Western values. Thus, there is a need for grassroot organizations working with FGM/C, to be cul-turally sensitive while simultaneously adopting universal human rights (Immigra-tion and Refugee Board of Canada, 2018).

(9)

The lack of prevalence data and research regarding FGM/C in The Gambia has been an aggravating factor in evaluating the effectiveness of various strategies and cam-paigns (28 too many, 2015). Since the implementation of the new law, no major data collection has been completed regarding prevalence making it difficult to measure results of the legislative action as well. There is a running MICS survey from 2018 being processed (UNICEF, 2018), yet this has not been finished and published by the time of this study. The relevance of this upcoming results has, however, been questioned due to the law penalizing the practice. Respondents to surveys conducted after the legislative implementation might not be inclined to ad-mit that they perform FGM/C, causing data to be inaccurate and misleading (28 too many, 2015). Therefore, in order to provide a broader understanding and fill the gap regarding possible outcomes of the legislation itself, there is a need for comple-mented studies that highlights the perception of the law through the people working towards FGM/C. Hence, this study shall be seen as a contribution to upcoming re-search and to the field.

1.2 Purpose and research questions

Given the recent changes in legislation, criminalizing FGM/C in The Gambia, our study aims to explore how these changes have been perceived by NGOs working directly with local communities on these issues. In order to highlight their percep-tions, the following research questions have been formulated:

1. What are the NGOs’ experiences regarding using legislation as a tool in the process of ending the practice of FGM/C?

2. In what ways have the NGO's changed their working methods due to the new legislation?

3. What are the NGOs’ perceptions of local communities’ actions or reac-tions to the new law?

1.3 Delimitations

FGM/C is a global phenomenon and legislation criminalizing the practice has been adopted by multiple practising and non-practising countries, although the effects are still uncertain. We have, however, chosen to delimit our study to The Gambia only. This is primarily due to the recent legislative changes in combination with the high prevalence of FGM/C, as well as our presence in the country which provided the opportunity to collect data directly. Additionally, the country is small in num-bers, both in population and size, making it a suitable choice in order to fully un-derstand the local work and processes surrounding the existence of FGM/C.

1.4 Disposition

This first chapter has described the phenomenon and prevalence of FGM/C, as well as introduced the study’s purpose and research questions. Further on, the disposition

(10)

of this paper is as follows; In chapter 2 we set the scene by presenting a deeper historical background, the legal system as well as the development and current sit-uation of FGM/C in The Gambia. This is followed by previous research on the sub-ject in chapter 3, our theoretical framework in chapter 4 and our presentation of the methodological approach in chapter 5. The result of our collected data is presented in chapter 6, alongside with our analysis. Finally, the last chapter (7) comprises of a summary and final discussion. Additionally, four appendices are attached to the study as follows; interview guide, log of study, the Women's (amendment) Act 2015 and consent and confidentiality agreement.

2. SETTING THE SCENE

This part of the study will provide a more comprehensive insight of The Gambia, in order to set the scene for the study’s theme and purpose. Thus, the following chapter will provide a deeper understanding of The Gambia as a country, its legal system and the long processes and traditions of FGM/C in The Gambia. This is a significant part of the study because there is a need to put the current situation of FGM/C in context with the combination of the country’s historical background and the legal system development.

2.1 History of The Gambia

Archaeological evidence dating back to 2000 B.C. has proven early inhibition in the region of Gambia, yet even though speculations have been made, little is known about the first ancestors (see for example Reeve, 1912; Bisset Archer, 1967). In-stead, the history has rather been described from medieval time when the river Gam-bia was dominated by the Trans-Saharan trade, primary focusing on gold, ivory and slaves (ne, 2018; Conrad, 2005). The written documentation has described the river Gamba region as part of, and ruled by, numerous African kingdoms and empires including the greatest ones from the 5th to the 16th century; the empire of Ghana, followed by the empire of Mali and finally the empire of Songhai (Bisset Archer, 1967; Conrad, 2005). The different kingdoms and empires, have, in combination with intermarriage, contributed to the great mix of ethnic and cultural groups and tribes inhabiting The Gambia today (28 too many, 2015).

A wider interest in the river Gambia region soon arose in Europe, due to it being considered a necessary trail in the hunt of treasures and slaves, particularly after the Portuguese establishment on the West African coast. European merchants strived to trade with local inhabitants, making the river dominated by European slave-trade from the 17th century onwards. Following this, a struggle arose between the British and the French regarding control over the region (Imperato & Imperato, 2008; Mwakikagile, 2010). The Treaty of Versailles acknowledged the british settlement of the river Gambia in 1783 (Hertslet, 1894), leading to The Gambia becoming a separate country, with borders mirroring the river. The country was then colonized and ruled under the British after numerous treaties and conventions had been signed between the countries involved (Hertslet, 1894).

(11)

It was not until 1963 that The Gambia became self-governing and additionally gained a full independence in 1965 as a constitutional monarchy within the com-monwealth. The Gambia furthermore became a sovereign republic in 1970 (Mwakikagile, 2010) due to a second referendum which resulted in The Gambia getting their first ever president Dawda Kairaba Jawara. He held on to the position as president until 1994, although his rule and the general elections were questioned by the political opposition, The Gambia’s population and third-party states (Hughes & Perfect, 2008). In 1994, a coup d’état led by lieutenant Yahya Jammeh resulted in a shift in regime. Jammeh announced himself head of state and ruled Gambia as a dictator with military support until 1996 when he was elected president. He was then re-elected three times. Jammeh's time as president was subject to harsh critic from both the population as well as other countries who described him as a tyrant and a dictator. His regime has been criticized for not upholding an acceptable stand-ard regstand-arding human rights. The regime frequently wielded suppression of the free press as well as persecution of activists, politicians and journalists who opposed his rule (Mwakikagile, 2010; UI, n.d). In addition to this, Jammeh advocated for capital punishment for homosexuals, introduced controversial non-medical treatment for AIDS and HIV and has been accused of numerous murders and disappearances(UI, n.d.). When FGM/C was discussed in 1999, Jammeh clearly stated that it was part of Gambian culture and not to be abandon. In 2015 however, he did declare a ban on FGM/C with the argument that FGM/C had no place in Islam or in modern so-ciety and that any delict of the ban would lead to a prison sentence (UI, n.d.; United States Department of States, 2001). It has been debated whether it was due to pres-sure from external forces and stakeholders within western society aid organisations that led to this decision (Lakatos, 2018). Nevertheless, an amendment in the Women’s Act of 2010 was implemented, now criminalizing the practice (Women's (Amendment) Act, 2015). Jammeh’s reign ended in 2017 after having to admit de-feat in the general election in December 2016 against an opposing coalition led by Gambian native Adama Barrow.

2.2 Gambia Legal system

The Gambia has had only two constitutions since their independence. The First Re-publican constitution marked the change of The Gambia political system from a Westminster system to a fully republican status, thus the first Republican constitu-tion came into force after the 1970 referendum. Due to the coup d’état in 1994, however, the constitution ceased to be in force. The Second Republican constitution is, like the former, recognized as the supreme law of the country. Thus, if any law were to be inconsistent with the constitution, this shall be declared void to the extent of its inconsistency (Ogbuitepu, 2012). Chapter IV of the Constitution of the Re-public of The Gambia (1997) consists of numerous sections intending to ensure the citizens’ safety and protection against violence and discrimination, including sec-tion 17 - Fundamental rights and freedom, secsec-tion 18 - Protecsec-tion of right to life and section 21 - Protection from inhuman treatment. Furthermore, section 28 and 29 ensure the Rights of Women and Children, with the rights of children also being acknowledged in the Children’s Act of The Gambia (2005). In addition to this

(12)

constitution, former president Yahya Jammeh signed the Women´s Act 2010 into law. This was done in order to incorporate and enforce the (Maputo) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, as well as CEDAW, the UN bill of rights for women (Women´s Act 2010; CEDAW, 1979; Maputo protocol, 2003). Finally, the most recent, and for the purpose of this study arguably most important, legislative action was the signed Women’s (Amend-ment) Act of 2015, criminalizing FGM/C. However, The Gambia’s legal system is complex due to its tripartite system of co-existing English common law, customary law and the Islamic sharia law. The latter applies to indigenous Gambians and/or Muslims and governs certain aspects of the people, including family matters and traditional marriage (Ogbuitepu, 2012).

Before 2015, national legal texts did not mention or target FGM/C explicitly. This forced a discussion on whether FGM/C should be seen as an act of discrimination or violation of rights within any of the already existing sections (DHS, 2013). This discussion has been problematic in relation to the different reasons for obtaining the practice, including the strong traditional and cultural belief as well as the reli-gious purpose that some are referring to (28 too many, 2015). Hence FGM/C has, up until 2015 when the Women’s (Amendment) Act was signed, been practised within local communities without any legislative bodies targeting the subject, thus allowing the practice to fortify as a deeply-rooted social norm.

2.3 Attitudes and beliefs on FGM/C in The Gambia

In The Gambia, the prevalence of FGM/C among women aged 15-49 is 74,9%, with a slightly higher number in rural compared to urban parts of the country (DHS, 2013). The major surveys conducted regarding the prevalence of FGM/C do not consider the reasons or motives behind it, however, there have been various studies conducted in order to examine reasons for upholding the practice. For example, Johansen et al. (2018) presented following main themes discussed by Senegambian women regarding the continuance of FGM/C; peer pressure arising from social pen-alties such as exclusion or harassment of uncut women and girls, and the upholding of tradition by venerate the ancestors and cherish the imparted cultural values. Also, the upholding of social hierarchy by respecting the elders and their wisdom, as well as the internalized norm which associate being cut with goodness and purity are highly valued. Furthermore, UNFPA-UNICEF (2018) highlights the paradoxes sur-rounding FGM/C and claims that although individuals doubt the continued pursuit of FGM/C and are open to ending the practice, it tends to continue. Similar to the findings by Johansen et al. (2018), they argue that this is because of the long tradi-tion that undoubtedly holds FGM/C in place as a social norm through a constellatradi-tion of social dynamics, beliefs and perceived expectations as well as misconceptions. Thus, even though FGM/C has been proven to have harmful consequences, both physically and mentally, the paradox is the basis for further practice; namely that families who take their children through FGM/C do it with good intentions. By letting them undergo the procedure they secure a position within the collective group, a good marriage is guaranteed, the girl (and/or the family) are protected from

(13)

stigmatization, shame and condemnation, religious demands are met, and FGM/C keeps the girl chast and spiritually pure.

A briefing conducted by The Girl Generation (2015) highlights the complexity sur-rounding the subject of FGM/C regarding its status as a social norm embedded in collective and cultural values within local communities as well as the society. The complexity lies within the fact that numerous of different factors seem to be con-nected to each other, that the prevalence and motives behind the practice differ be-tween and within cultural groups and furthermore that the level of support and in-volvement of the practice sometimes has contradictory attributes (Kaplan et al, 2013a).

2.3.1 FGM/C and ethnic affiliation

As seen in table 1, the prevalence of women aged 15-49 who have undergone any type of FGM/C differs among the six largest ethnic groups. Mandinka, Fula, Jola and Sarahuleh groups all have a prev-alence over 85% with the practice being almost universal within Mandinka and Sarahuleh. Wolof represents the lowest number of prevalence data, with 12,4%. There is ample evidence that FGM/C is (relatively) closely tied to ethnic affilia-tion, thus it can be claimed to be the most decisive factor (Kaplan et al, 2016). How-ever, given that none of these ethnic groups is neither fully practicing nor completely non-practicing, according to sta-tistics, it must be argued that it is more to it than ethnic aspects.

FGM/C has, among certain ethnic groups, traditionally been part of the ceremonial rite of the passage to womanhood. The ceremony includes training and education in female behaviour regarding the forthcoming role of the girl, namely the role of wife and mother. The girl is taught to respect elders and their values, thus expected to accept the traditional cutting. Also, it serves as the (only) way for the girl, and her family, to gain respect and full access to the society of women within practicing communities (Dibba & Barrow, 2016). The pain associated with the procedure of FGM/C, as well as the physical pain imposed during the seclusion period, is con-sidered important as it helps discipline the girls, given that endurance of pain, along with secrecy and respect, also are seen as female virtues (28 too many, 2015). The way in which FGM/C is being practiced has however changed progressively, ac-cording to Shell-Duncan et al. (2010). Physical cutting is increasingly performed individually without the traditional ritual training and celebrations. Moreover, the age at which girls are subjected to FGM/C is slowly decreasing and according to reports even infants is forced to undergo the procedure.

(14)

2.3.2 FGM/C and religion

The practice of FGM/C is often argued and seen as an Islamic duty in The Gambia especially among traditional practicing groups, even though the practice outdates major religions and thus has no religious origin and justification (Kaplan et al, 2016).

Although FGM/C is found in both religious groups, there are significant differences between muslims and christians as seen in table 2 and 3, with significant higher numbers within the Islamic group. Data on both prevalence and support can be more easily understood when linked to Kaplan’s et al (2013a) study about men’s view on FGM/C. Over 40% of muslim men viewed the practice as mandatory in Islam and almost half of the muslim men surveyed considered FGM/C as equivalent to male circumcision, which is justified by Islam. Almost a fifth of the christian men also believed that the practice is mandatory in Islam, however, there were no questions regarding perception or connection between Christianity and FGM/C in the study. Interesting to note, though, is the fact that mainly Mandinka, Jola, Fula and Serahule believes that FGM/C is mandatory in Islam as well as viewing it as equivalent to male circumcision. Seeing that they are muslims as well as the most practicing groups this might have been expected, however, Wolof and Serere are also muslims but with a significant difference in prevalence as seen previous in table 1. Further-more, 95% respectively 90 % of Wolof and Serere denies the connection between Islam and FGM/C as well as the male and female circumcision being equivalent. (Kaplan et al, 2013a)

(15)

2.3.3 FGM/C and gender

Not surprisingly, the number of women who support the continuance of the prac-tice is much higher among those who have undergone FGM/C themselves, compare to the women who have not been cutted, 84,2 % and 5,4% respectively. In both gender groups the support tends to be much higher among islamic women and men as well as within ethnic groups whose prevalence is higher (DHS, 2013; Kaplan et al, 2013b). Whether or not educational level and financial capital affects the support is unclear (see DHS, 2013; MICS 2010).

Research clearly states a strong connection between women who approve of do-mestic gender-based violence and women wanting the practice to continue(28 too many, 2015). This could be a strong argument for including gender inequality as a contributing factor for both prevalence and the continuance of FGM/C. Yet, FGM/C is by many perceived as a business of women where men do not have access. Kaplan et al (2013a) reports that decision-making is led by female elders and that they are key figures in ceremony arrangements, while men rarely are informed nor usually takes part in the decision. Additionally, only 28% of the men responded that they were aware about health consequences related to FGM/C. However, other findings have reported that whether men are more or less active in the decision-making, de-pends on their religious status or ethnic affiliation as well. For example, Wolof men tend to be more active, as do muslim men in general, while Mandinka (also muslim) seldom is involved in the decision (Kaplan et al. 2016)

There are, as demonstrated above, vast differences in attitude, beliefs and motives behind FGM/C. While 93% consider FGM/C as an important tradition (UNFPA- UNICEF, 2018), there are a lot of various factors that comes into consideration regarding the traditions’ importance such as religion, local tradition, group affilia-tion, ethnicity, respect for elders etc. This underlines a complexity that must be considered when talking about FGM/C. Furthermore, the prevalence and continu-ance of this phenomenon cannot be reduced to just religion, gender or ethnicity, rather it is an intersectional matter that needs to be treated with contemplation and thorough analysis.

(16)

3. PREVIOUS RESEARCH

This section will be dedicated for previous research, in which reports from different organisations and articles written by scholars and experts in the field of FGM/C will be examined and presented. While there is various research on FGM/C, our focus has primary been on research covering FGM/C in practising countries, since it is more relevant to our study. In order to facilitate the connection between this chapter and the narrative of the study, four themes have been designed: Anti-FGM/C legis-lations in a global context, Obstacles in national legal efforts to eradicate FGM/C, Attitudes in practicing communities towards FGM/C legislations, and Anti-FGM/C programmes and bottom up initiatives.

3.1 Anti-FGM/C legislations in a global context

Although campaigns to eradicate female genital mutilation have been traced far back, it was not until the 1970s that the global arena began to pay attention to the phenomenon, due to the many conferences held during the UN decade for women starting in 1975. The international campaign, which initially addressed FGM/C as a health risk, aimed to create a universal norm where genital mutilation would be considered unacceptable (Shell-Duncan, 2008). The consequence of the health ap-proach, e.g. increased medicalization of practice and transition from more extreme forms to less extreme (Johansen et al. 2013) was, although positive outcomes from a health point of view, thus seen as a failure and the transmission from a health approach to a strategy based on human rights was conducted in the 90’s (Shell-Duncan, 2008). This, however, created discussions as FGM/C was not explicitly mentioned in the UN Convention on Human Rights. Opponents of FGM/C stated that the practice should be linked to other forms of violence against women, how-ever, the global anti-FGM/C campaign was met by critique regarding the validity of the universalistic view underlying human rights (see for example, Okin 1999; Lakatos, 2018). Nevertheless, a process of anti- FGM/C legislative actions was adopted in countries all around the world from the 1990s and onwards, among them many African countries (Shell-Duncan, 2008) According to Boyle and Preves (2000), the establishments of national anti-FGM/C legislations in practising coun-tries can be seen as a result of the need for financial assistance amongst other. For-eign aid was in 1996 linked to anti-FGM/C measures in USA, i.e. practising com-munities who did not take action against the harmful traditional practice would thus not qualify for U.S development aid money (Boyle et al, 2002). This, in combina-tion with multiple women’s NGOs addressing the issue while pressuring govern-ments to take action (Gruenbaum 2006), reassured that practising countries soon adopted policies and national legislations of their own, notwithstanding the differ-ence in cultural values within local contexts (Boyle & Preves, 2000)

Boyle and Corl (2010) state in their article “Law and Culture in a Global Context: Interventions to Eradicate Female Genital Cutting” that anti FGM/C legislations and its effectiveness is difficult to measure. They further state that solely legisla-tives actions are not enough; a view that is shared among other scholars (see for

(17)

example Rahman & Toubia, 2000; Gillespie & Melching, 2010; Toubia &Sharief, 2003), although studies have shown that implementation of an anti-FGM/C law can have a deterrent effect (see for example Aberese Ako & Akweongo, 2009; Sipsma et al., 2012). According to Boyle and Corl (2010) the difficulties in measuring ef-fect of the law is partly due to its non-exclusive existence, i.e. legislation, various anti FGM/C programmes and other initiatives are often combined in the process of ending FGM/C. Also, the impact of legislation is dependent of the context in which it exists. Boyle and Corl (2010) distinguish between migrant communities and non-migrant communities1 as well as global North and global South communities2. In their article they suggest that legislation is more effective when targeting groups of migrants in global North, in comparison to non-migrant communities in global South where FGM/C has been conducted through generations. Boyle and Corl fur-ther notes that groups most affected by an anti-FGM/C law is not being included in the law-making process, neither in global North nor global South. While the laws in global North tend to reflect a hierarchy of cultures, in which the progressivity of Northern cultures is praised, the laws in global South are seemingly less addressed to local public but rather focused on global funders. This implies not only that many adopted laws have a lack of enforcement, but also that practicing groups and com-munities, particularly in rural areas, tend to feel alienated from national govern-ments (Boyle & Corl, 2010) Additionally, when discussing change in non-migrant communities, one must consider different aspects. The anti-FGM/C messenger mat-ters, i.e. organizations or individuals that are unfamiliar or linked to economic or political competitors are far less likely to succeed in delivering anti-FGM messages in contrast to religious authorities or other highly valued personas or groups within communities. The ineffectiveness is also related to the idea and belief in eliminating FGM/C as imposed from the outside of local communities. The ineffectiveness in legislations is particularly related to international conventions such as CEDAW and CRC (Ibid.). This can be seen through the historic context, where colonial authori-ties imposed anti FGM/C laws in the global South while arguing about the domestic cultures being barbaric. The consequences of colonial authorities being linked to destruction of domestic cultures in foremost Africa, has been the widespread re-sistance of imposed laws such as those (Robertson, 1996; Thomas, 1996, 2000). In Kenya and Sudan, the result of early colonial authorities’ efforts to end FGM/C was even worse. Not only did it fail, rather it strengthens the commitment to the practice among individuals and families, as a way of withstanding imperialism. Hence in postcolonial countries, in which international anti-FGM/C laws was introduced by colonial authorities, the inadvertent consequence is the linking of FGM/C to African nationalism (Hetherington, 1998).

1_{Non-migrant communities refer to groups of local inhabitants within the country if their origin,}

whilst migrant communities refers to groups outside of their origin country.

2_{The concepts of global North and global South is alternative terms for “developed” and}

“devel-oping” countries and is, when used in a global context, a socioeconomic and political division. Generally, global North includes countries within Europe, North America, East Asia as well as Australia and New Zealand whilst global South comprise of countries within Africa, South Amer-ica, South Asia as well as Middle Eastern countries

(18)

Lien and Schultz (2013) also suggest, in their research on Gambian women living in Norway, that the messenger bearer matters. The study shows that abandonment campaigns coming from the government, in a country where FGM/C is prohibited, not necessarily have led to a change in attitude amongst migrant groups. According to Lien and Schultz this was primarily due to the lack of received information or the informal being superficial and not taken in by the women. Two seminars were held in Oslo with the aim to raise awareness about the harmful effects, in which over a hundred Gambian women attended. Additionally, focus groups interviews with 20 women were held with the aim to examine the change in attitude. Most women emphasized that had they not attend the seminars they would have cut their daughters, although, according to Lien and Schultz (2013), the first seminar only seemed to raise some scepticism against the practice, due to the English messenger being foreign while focusing on Somali customs. Rather, the findings show that the second seminar, in which African women made the case against FGM/C, was the primary source of convincing and thus changing attitudes. The main information in the second seminar not only came from a Muslim, like in the first seminar, but from a Gambian Muslim woman and doctor who shared the same cultural heritage as well as the experience of being cut, which was evident when she started singing the cutting ritual song. Hence, trustworthiness as well as credibility and empathy were created and strongly affected the participants. This implies, in accordance to Boyle and Corl (2010) that that the qualities of the messenger bearer can have a huge impact on whether the anti-FGM/C information is receivable or not.

3.2 Obstacles in national legal efforts to eradicate FGM/C

The Gambia’s national legislation, criminalizing FGM/C, is not a unique or ground-breaking occurrence in Africa i.e. several African countries have established na-tional laws prohibiting the practice. Beyond nana-tional laws, many AU members have ratified and joined both CEDAW and the MAPUTO protocol, which strictly forbids the practice (Muthumbi et al, 2015).

Strict legal actions are argued to act as a deterrent factor for the prevalence and continuance of FGM/C (Berg et al., 2013; Berer, 2015) However, there are major obstacles regarding the implementation of laws prohibiting FGM/C, such as the issue of cross border cutting (Aberese Ako & Akweongo, 2009). Even if a country has implemented legislative action to cater for FGM/C cases within their own coun-try, there is a need for expansion in order to deal with cross border cutting. Perpe-trators of FGM/C who perform the practice in another country is often more com-plicated to arrest and bring to justice because the law lack a cross border cutting clause. Moreover, Muthumbi et al. (2015) expresses other obstacles, including un-willingness of enforcement from governments, which has been the case for Ghana, due to the lack of prosecutions and the low involvement of government in FGM/C related matters. Aberese Ako and Akweongo (2009) highlights that the issue re-garding governmental enforcement may lie in the unclear division of responsibility within governments itself i.e. no one knows what government entity should claim responsibility for enforcement.

(19)

Rahman and Toubia (2000) highlights an issue regarding lack of evidence in cases where the parents stand accused. This has, according to Rahman and Toubia, been problematic in Kenya and Guinea Bissau since girls are forced, by community members and/or family, not to provide evidence, which in turn obstruct judicial procedures. The phenomenon regarding lack of prosecutions due to different judi-cial obstacles seems to be a pervading issue on a global scale (Berer, 2015; Yusuf & Fessha, 2013). Additionally, due to threat of legal implications, families and communities may change tactics in practicing FGM/C, according to an article by Pankhurst (2014). The changed tactics may involve FGM/C being performed at a younger age, even on infants, or that the practice is increasingly being done secretly without ceremonies. The same study highlights that if legislation is being imple-mented without the support of the population, and without the population’s knowledge of harmful effects a heightened risk of the previously mentioned changes arises. Hassanin et al. (2008) examines the legislative perspectives in Egypt. Despite efforts, these have not been sustainable enough and the law has pre-viously been poorly implemented. One obstacle, described by Hassanin et al., is the long process for cases going through the judiciary. This is problematic when girls seek protection through the criminal justice system, as they risk losing faith in it, while at the same time witnesses are compromised or dissuaded from testifying. Due to the continued pressure of society against (formal) legal action, this may also pose a threat to the security of girls, according to Hassanin et al. (2008). Further-more, an additional alarming factor for FGM/C in Egypt as well as in Kenya is the ongoing institutionalisation of the practice. Even though there are laws in place to prohibit FGM/C, reports show an increase of cases involving medical professionals performing the procedure in a hospital or medical centres (Muthumbi et al. 2015).

3.3 Attitudes in practicing communities towards FGM/C legislations

To understand the impact of legislation one must attempt to understand the attitudes and reactions from the people that the law affects (Boyle & Corl, 2010). Boyden et al (2012) describes the view on government policies from an Ethiopian communal perspective, and highlights opposing views to contradict the legislation prohibiting FGM/C. The questions brought forward in the report highlight the view of both cut and uncut women. Mothers of uncut girls expressed their worries that their daugh-ters “missed out on something important”, and arguments being made that “girls should be circumcised according the tradition of the people of the area”. Further-more, the report shows that opposition to government policies also extends to gov-ernmental health warnings, with misconceptions regarding uncut women. They are believed to have troubles reproducing, giving birth and even getting pregnant is by some respondents impossible if you are uncut. With these beliefs, abandoning the practice would thus have grave consequences for the girls’ future. In addition to this, one respondent from the same study explained that the amount of blood loss during the procedure is important to wash away diseases such as HIV and AIDS. Furthermore, Grauenbaum’s (2006) study in rural Sudan, in which the type III (in-fibulation) is most common, examined and identified ideas of sexuality and body

(20)

aesthetics in relation to FGM/C. The findings show various of ideas and beliefs, such as the belief that altered genitals, in comparison to unaltered ones, looks better, feels smoother and are more hygienic. Also, the idea that a tighter opening ensures male pleasure is presented, as well as the virginity aspect where FGM/C is thought to decrease female sexual arousal while also ensuring marriageability. Reason (2004) also state that the importance of controlling female sexuality is one of the most frequent explanation given by individuals in Ghana, hence promiscuity could be avoided through FGM/C. This correlates with the Boyden et al (2012) report where a mother expressed; “when I see some girls going around with the boys, I think that it would be better to circumcise my child because she would be calm and wouldn’t be seen with boys all the time”, indicating that a sexually active girl is something to be concerned about and that expression of sexual feelings is some-thing to hamper if possible. Moreover, Boyden et al (2012) describes that the Ethi-opian laws are mainly focused on the health complications connected to FGM/C, an area that is clearly being opposed by practicing communities. Health warnings from government is considered excessive seeing that experiences of major health complications, resulting in death or life long handicaps, are rare. The experiences within the communities simply outweighs the spoken word of the government. The same concept applies for prevalence and continuance. The reason for prevalence is not that the parents are being cavalier with their children's health or mass obedience to government policies in general. Instead, for a large portion of the population, it is a genuine concern of social and economic status and security. The risk of fines and penalization is yet again outweighed by the social and economic advantages to performing the procedure. (Boyden et al, 2012).

An article by Shell-Duncan et al. (2013) presents the result of a previous study, targeting rural Senegal, aimed to examine whether the Senegalese legislation against FGM/C had been effective. The study shows that there was a widespread knowledge about the fact that a law existed, however the understanding of the law was considered low. Most of the respondents did not know about the actual details such as who can be targeted for prosecution or penalized following a successful prosecution. The limited understanding about the law and its potential conse-quences did not result in people having heightened concerns, instead it allowed them to imagine certain circumstances surrounding the execution of the practice that would allow them to elude penalization. The community rules and the social norms within the society where the respondents live clearly eclipse the fear of pe-nalization from the law. Results show that a few people abandoned the practice upon receiving the information about the law, but most practicing individuals either discarded the laws or went on to continue the practice in secret, thus disregarding governmental impositions.

3.4 Anti-FGM programmes and bottom-up initiatives

Despite national laws and international conventions, FGM/C is still widely spread and studies have shown that legislation is insufficient i.e. there is a need for multi-dimensional initiatives to counteract the phenomenon, as demonstrated in previous

(21)

paragraphs. Thus, most countries that have established a ban on FGM/C also have additional anti-FGM programmes targeting communities and/or other stakeholders in order to eradicate the practice. Estimations regarding the eradication of FGM/C, done by WHO (2011), shows that NGOs have a vital role to play on a global level. NGOs’ contribution is often connected to grassroot-work such as taking point on projects involving education and training. An admirable example is the work of Tostan, a Senegalese NGO. Their work is highlighted in the UNICEF report Case Studies on UNICEF Programming in Child Protection (2013), amongst others. Tostan and UNICEF, in collaboration with the government of Senegal, started in 1997 the implementation of The Community Empowerment Programme (CEP) which is based on a human rights approach with ideas derived from social change theory. The education is multifaceted and deals with subjects within areas such as human rights, democracy, health and hygiene, thus it demonstrates a width where communicative abilities such as problem solving and responsibility are parts (Berg & Denison, 2012). The CEP contains a finishing ceremony, where public declara-tion of abandoning harmful tradideclara-tional practices such as FGM/C is part, although voluntary. The CEP has yielded successful results seeing that more than 8000 com-munities publicly sworn to abandon the practice. The strategy of public announce-ment draws on the perceived obligation among people to stay true to their word, which is greatly imbedded in the culture (UNICEF, 2013). Another advantage of the ceremony is the collectivist mentality, hence if several communities simultane-ously declare their intentions of abandoning the practice, the risk of stigmatization is reduced. The trend of Tostan’s CEP have also spread to communities in Djibouti, The Gambia, Guinea, Guinea-Bissau, Mali, Mauritania and Somalia. However, de-spite the seemingly effective CEP, Berg and Denison (2012) underlines the diffi-culties regarding evaluation of the program. This is, according to Berg and Denison, mainly because the studies evaluating the CEP lack methodological quality.

Another program in Nigeria, brought to light by Babalola et al, (2006), is Ndukaku, which translates to health before wealth. The programme is designed to be non-confrontational and multidimensional i.e. targeting the subject of FGM/C on differ-ent levels. It includes close interaction with communities and community members while also incorporate leaders (religious and community), school authorities and local state officers in the dialogue. Additionally, mass media play a key role in awareness raising while stimulating to an expansion of the debate surrounding the subject. The Ndukaku programme is designed to challenge local communities and community members to revaluate their ideas about FGM/C, and to encourage action against FGM/C among themselves.

(22)

4. THEORETICAL FRAMEWORK

Universalism and Cultural relativism, two well documented approaches to Human Rights as well as social work, will serve as lenses through which we will analyse our empirical data. These two perspectives can be viewed as opposites to one an-other, at least in their radical forms. They enable a deeper understanding of the inevitable complexity that arises in a global and multicultural world, in which in-ternational social work is given much attention, space and trust. It can thus be ar-gued that it is necessary to highlight the two perspectives in order to better illustrate the issues that often surround the discourse in the global arena regarding traditional practices. Our idea of using these perspectives is, however, not to weigh them against each other, rather to use both to analyse the impact of a legislation aiming to eradicate an ancient traditional phenomenon such as FGM/C.

Additionally, certain concepts found in Hofstede’s cultural dimension theory, namely collectivism - individualism and power distance will serve as a complement to this. The idea for this theory emerged as a result of our somewhat narrow under-standing regarding the link between FGM/C and local cultural values. Thus, Hof-stede's investigations and idea of national cultures and cross-cultural differences, as well as the concept of power distance, were considered an interesting and relevant aspect to use when talking about the subject of FGM/C in combination with legis-lative actions.

4.1 Universalism vs cultural relativism

Ever since the drafting and publication of the Universal Declaration of Human Rights (UDHR) in the late 1940s there has been an ongoing debate between two perspectives - universalism and cultural relativism (Lakatos, 2018). Advocates for a universalistic approach to human rights insist that the human rights declared in international treaties and conventions must prevail and be upheld even if it may neglect local cultures and traditions (Lakatos, 2018). The cultural relativist perspec-tive on the other hand, puts emphasis on everyone's right to his or her culture and traditions, and urge for the respect of the fact that culture and tradition is vital parts in an individual's identity. The two perspectives do not describe the static states of opinions, rather it is a scale where radical universalists reside on one side and radi-cal cultural relativists on the other i.e. there is a middle ground and opportunity for nuances between these perspectives. Moreover, these perspectives are not just ap-plicable to the analysis of Human Rights laws but also in social work studies. Lynne M. Healy (2007), for instance, problematizes about the fact that social work ethics also has the tendency to be universalistic and non-sensitive to culture and tradi-tion.

Cultural relativism developed as an adverse reaction to the fact that a western in-fluenced organisation (UN) dictates laws on human rights that favours western val-ues and discard the importance of culture, tradition and religion. States that have procured a cultural relativist approach often oppose the Universal Declaration with

(23)

arguments that the laws have emphasis on individualism and disregard for collec-tives such as families and other social groups, which is considered to be the western way of life. There has been obvious displeasure displayed at multiple times from cultural relativists. For example, an UN representative from Iran stated in 1984 that the UDHR “Did not accord with the system of values recognized by the Islamic Republic of Iran” and “his country would not hesitate to violate its prescriptions” (Burke, 2011). In 1997 Mahathir bin Mohamad, prime minister of Malaysia, advo-cated for the review of UDHR to reverse the individualistic aspects on human rights in favour of a society-oriented approach. He also stated that many articles are mir-roring the US constitution and western European law (Lakatos, 2018). Furthermore, arguments have been made that the actual drafting of the UDHR was done without proper representation from a large portion of the world's population. Experts from developing countries where however very influential in the process and a vital part of the drafting committee. Peng-Chun Chang from China, Charles Malik from Leb-anon, Carlos Rómulo from the Philippines and Hernán Santa from Chile where rep-resentatives of the developing world. However, both Chang and Malik attended US Ivy League universities (Columbia and Harvard) which indoctrinated them in west-ern culture and values and by extension influenced their worldviews (Lakatos, 2018). The universalists on the other hand, often criticize cultural relativism for using culture, religion or tradition as justification for human rights violations. The notion of human right laws from a universal perspective is that they should be nat-ural laws - every human’s right to justice, dignity and safety is nothing less than an absolute right. Freeman (2017) expresses the notion that universalism shall not be seen as conformity, since it is protecting the freedom of culture, religion and tradi-tion by ensuring people's freedom of choice in the matter (Lakatos, 2018). This is another area where the same applies to the discipline of social work, Healy (2007) describes that social workers with a universalistic approach often encounter issues in working in settings with strong culturalism, the premise of his discourse is social work ethics and maintaining a balance between upholding human rights and being sensitive to culture and tradition is often problematic.

The different perspectives take place in several areas within the discussion of hu-man rights, including FGM/C. Many governments, local communities and individ-uals in practicing countries are using cultural relativism to claim their right to the practise (Lakatos, 2018). The approach from those inclined to eradicating the prac-tice, have thus far been legislative action. Many practicing countries have adopted legislation prohibiting FGM /C but this in turn can arguably be considered as an empty endeavour from governments in practicing countries. The arguments behind this are, according to research, that enforcement after implementation is less than desirable in a lot of the cases. Implementing a law without enforcing it has been described as a charade, implying an interest in the issue to satisfy the western coun-tries (Ibid.).

(24)

4.2 Cultural dimension theory

Ways to explain differences between cultures have long been sought in anthropol-ogy as well as psycholanthropol-ogy and sociolanthropol-ogy, with the dimension of individualism - collectivism as the most prominent in the discourse. Anthropologist and social psy-chologist Geert Hofstede (1980) were interested in national cultural differences and cultural influence, resulting in his theory of cultural dimensions. The theory is based on his study of mapping and examining national cultural differences linked to dom-inant work-related values. Although his study primarily explored cultural aspects of the quality of working life rather than life in general, Hofstede emphasized that the two areas cannot and should not be separated from each other at the level of culture and that the whole accommodates both. Hofstede therefore used his results from data on dominant work-related values to suggest how quality of life definitions are influenced by national value patterns. He discovered the following dimensions in which national cultural values differed; power distance, individualism vs collec-tivism, masculinity vs femininity and uncertainty avoidance.

Hofstede (1991) defines individualism and collectivism as follows:

“Individualism pertains to societies in which the ties between individuals are loose: everyone is expected to look after himself or herself and his or her immediate fam-ily. Collectivism as its opposite pertains to societies in which people from birth on-wards are integrated into strong, cohesive in groups, which throughout people’s lifetime continue to protect them in exchange for unquestioning loyalty.” (italics original, p. 51)

Hofstede further claims that fundamental differences between cultures can be iden-tified based on generalisable aspects grounded in prevailing norms and values within each culture and that the dichotomy between individualism and collectivism demonstrates that norms and values differ between world nations. Hofstede declares that a high degree of individualism within a culture places great focus on the indi-vidual and indiindi-vidual achievements. These societies emphasize “I” consciousness with values linked to independence, autonomy, individual initiative, self-fulfilment and universalism. In cultures where the level of collectivism was high, on the other hand, it was the group's well-being that was given the highest priority. Hence, main-taining the harmony in the group by considering the other group members and co-operation between them was of great importance. Collectivistic societies, in com-parison to individualistic ones, emphasize “we” consciousness as well as values linked to collective identity, group solidarity, group decision and emotional depend-ence (Hofstede, 1980). Hofstede describes the tendencies of collectivism found mainly within African, South American and Asian cultures while he places patterns of individualism within Western (North American and Europe) cultures. His thoughts and views of individualism and collectivism has been shared, discussed and developed by others since (see for example Kim, 1995; Hiu & Triandis, 1986; Oyserman, Coon & Kemmelmeier, 2002)

Another dimension in Hofstede’s theory of cultural dimension is the concept of power distance, which defines to what degree less powerful or subordinated

(25)

members of a society not only accept but also expect an unequal distribution of power. He notes that uneven power relations are inevitable in all societies and that it rather is the level of tolerance that varies, thus different cultural groups are more or less equal in power in comparison to each other. According to Hofstede, people in societies with low power distance strive to reach a more equal distribution of power while also demand justification for power inequality. Societies with a high degree of power distance, however, tend to accept the hierarchical order in which everybody has their place and thus no further justification is needed. Furthermore, his result highlights a distinct connection between collectivism and high-power dis-tance, as well as individualism and low power disdis-tance, indicating that collective cultures in a wider range accept inequalities in power distribution without question-ing or opposquestion-ing this fact. Hofstede also claim that a high-power distance often cor-relates with totalitarian states and corruption (Hofstede, 2001).

5. METHOD

Our ontological approach to this study is best described with the theory of social constructivism, which maintains the idea that knowledge is something socially con-structed, and therefore not a true image of reality (Bryman, 2008). The epistemol-ogy will have a hermeneutic outlook meaning that interpretation will play a key role in the analysis of the empirical data. The hermeneutic method will best serve our purpose since we are searching for answers within qualitative data and the answers we seek can and should be interpreted (Bryman, 2008).

5.1 Qualitative method

The aim of this study is to examine and highlight NGOs’ experiences regarding the new anti-FGM/C law and its impact on their work as well as their perceptions of the communities’ reactions and attitudes towards the legislation. Due to the purpose of the study, combined with the authors interest of gaining a rich and complex un-derstanding of the subject, a qualitative method has thus been used. The qualitative method, unlike a quantitative method, is focused on words and generally seeks to collect rich, in-depth data. This method tends to be less structural in its design in order to maintain flexibility and openness and the core is based on perceptions and experiences of the participants (Bryman, 2008).

5.2 Data Collection

The primary data of the study consists of four in-depth interviews with selected NGOs. The interviews were conducted with the assistance of a pre-compiled inter-view guide, created by the authors. The questions within the interinter-view guide was constructed with the study's research questions as a base line, in order to ensure that the line of questioning during the interviews corresponded well with the purpose of the study (see Appendix I). Additionally, as a complement to the predetermined questions, subsequent questions were tailored during the interview, depending on the responses of our informants. Hence, the approach of the interviews must be

(26)

described as semi-structured (Bryman, 2008). This method, being less strict in its design compared to structural interviews, allows the researchers to control the in-terview in order to make the content relevant to the purpose of the specific study while at the same time giving the respondents a certain degree of freedom, allowing them to answer more spontaneously and openly. Thus, the conversation can reach new places through the tailored subsequent questions and obtain a less rigid ap-proach (Ibid.). The interviews were conducted in each of the respondents’ offices, primarily to create a safe environment for the participants (Repstad, 2007). The authors believe that this is an important element in order to ensure relaxed and truth-ful answers to questions regarding FGM/C, which may be a sensitive and/or emo-tional subject.As described by Starin & Renck (1996), it is important to not include emotionally strong wording or overly complicated questions. The interview guide helped with these issues, i.e., the researchers were profoundly meticulous when de-signing the guide to minimize the risk of language and structure affecting the an-swers. During the interviews, an audio-recorder was used in order to collect all data possible and thus not risk missing vital parts of the interview due to the need for taking notes (Repstad, 2007). This was agreed upon beforehand, and none of the respondents had any objections to the use of it. When using an audio-recorder, one disadvantage might be that it inhibits the respondent and that the situation becomes constrained (Ibid.). We were however aware of this and therefore we made sure that the recorder worked properly prior to each interview, to not risk any disrupting. This way, the respondents did not pay any attention to the recorder after a short while, making the interviews more natural and candid. In addition to us being more able to focus on everything that was being said during the interviews, the use of an audio-recorder has other benefits as well. One of which is the fact that during the writing of the results and the analysis, we now had access to accurate thoughts and point of views of the respondents, which otherwise could have been coloured by incorrect notes or lack of memory (Ibid.).

5.3 Sampling process and participants

The selection of a method for identifying informants for data collection resulted in purposive sampling, this allowed us to get quality data through a relatively small number of respondents. The participants are, in a purposive sampling, deliberately picked out on two criteria, relevance and knowledge (Denscombe, 2014). Relevance refer to the strong connection to the issue being examined in the study, in our case FGM/C and the NGOs experiences regarding legislative action and community at-titudes. Our selection of participants was based on the following criteria; the re-spondents are to be working within an NGO in which the subject of FGM/C is the core business, and the respondents should have a high-ranking position within the organisation to be able to possess a broad knowledge of the work being done. These were pre-decided requirements for participation in the study and it was a necessary demarcation in the sampling process, both for the relevance but also for the knowledge aspect which refers to the fact that the respondents must have pre-exist-ing knowledge and/or experience of the issues studied (Ibid.). Thus, the outcome of the selection process resulted in a group of four suitable key-respondents whose

(27)

source of knowledge fits the purpose of the study and contributes to fortify the un-derstanding regarding FGM/C in The Gambia.

Prior to our interviews we established a document to ensure the anonymity for our participants, which can be found in Appendix IV. The document was presented and signed before the start of the interview. Thus, in order to guarantee that our respond-ents’ identities are not revealed we have chosen to replace the names with the fol-lowing labels;

Respondent A - National Coordinator, NGO fighting against FGM/C since 2013 Respondent B - National Coordinator, NGO fighting against FGM/C since 1984 Respondent C - National Coordinator, NGO fighting against FGM/C since 2008 Respondent D - National Coordinator, NGO fighting against FGM/C since 2009

The initial idea was to interview a few other stakeholders in addition to NGOs, e.g., the Police department, a medical doctor and Social Welfare. However, due to con-straints in time and resources the authors chose to reduce the extent for the benefit of NGOs participants only. Nevertheless, prior to this decision, an interview with a M.D, hosting great experience of the issue within the medical field, was conducted. The authors did, however, realize that the M.D did not have enough knowledge about the legislation, in fact the respondent did not know there was a legislation passed at all, thus the interview was not relevant to fit the purpose after all. These factors combined led to the final decision that a narrowing of the scope was neces-sary in order to ensure the quality and depth rather than the width of the study.

5.4 Approach

Obtaining contact with suitable NGOs was facilitated by the authors existing con-tacts, mainly through the authors current supervisor and boss. Without a way in, this group of respondents can be difficult to access due to high workload combined with many people making claims on their time. Thus, using the contact of a, within the field, well-known national coordinator resulted in the authors appearing more legitimate hence the requested respondents were happy to make time and participate in the study. The first approach to establish contact was through phone-calls that included a brief description of the authors, after which the upcoming study and its purpose was highlighted. This was followed by an inquiry of participation, resulting in all four invited NGOs wanting to engage in the study. The data-collection was conducted during a two-week period in which the exact date and time of the inter-views was determined by the respondents’ schedules. Each interview lasted for about an hour and, as mentioned before, took place in the respective offices of the respondents. Furthermore, as a helping tool to ensure a satisfying result, an audio recorder was used.

After completion, the interviews were transcribed by both authors, in a traditional way i.e. through parallel listening and writing. To minimize the risk of misinterpre-tations, each author transcribed two interviews respectively, followed by the other

Legislative impact on the fight against Female Genital Mutilation/Cutting in The Gambia