Introduction
Female Genital Mutilation (FGM) is a prevalent issue within cultural and religious communities in Africa, with little progress towards banning this. United Nations (UN) mechanisms, along with national and international law, play a part in contributing towards the fight to end FGM. Although, practised throughout most African countries, an interest lies with Ethiopia and their interventions of FGM through engagement of the Human Rights Council (HRC)’s peer review mechanism, the Universal Periodic Review (UPR). Although progress has been made, data from the Network of Ethiopian Women Association (NEWA) survey, indicated a decrease in FGM. Women between 15-29 who have experienced FGM, decreased from 47 percent within 2016, to 38.9 percent in 2024 and women between 15-50, reduced from 65 percent in 2016 to 48.6 percent in 2024. While a reduction in FGM within Ethiopia has been achieved, far greater progress is expected to ensure the empowerment of women and girls. This piece will examine the question, to what extent does the UPR contribute to address FGM in Ethiopia?
To address this question, an analysis will be provided in relation to the extent of FGM within Ethiopia establishing the context for persistent challenges. Further to this, the adoption of FGM as a human rights issue will be discussed alongside the relevant international and national law and obligations in place in which Ethiopia is bound by. FGM will be discussed as a gap, explicitly within the law, and the extent to which this practice violates a vast majority of human rights.
FGM as a Human Rights Violation
It is necessary to position the practice within international and national human rights frameworks to understand the implications of addressing FGM in Ethiopia.
As a UN member state, Ethiopia is influenced legally and morally to act in accordance with the Universal Declaration of Human Rights (UDHR). A new international legal order was obtained through recognition of the ill treatment of human rights violations across the globe from the ruin of World War II Forms of Discrimination Against Women (CEDAW) was introduced as a foundational basis for addressing violence and discrimination against women and girls. (UNGA). However, no explicit mention of FGM was concerned within the primary articles. On a domestic level, Ethiopia’s 2004 Criminal Code, introduced five articles relating to FGM, criminalising most forms of violence against women and girls. Revised Criminal Code of the Federal Democratic Republic of Ethiopia infibulation of the female genitalia is punishable of imprisonment from three to five years (Art. 566(1)), however if serious bodily harm or health issue has been caused, a penalty of five to ten years can be granted (Art.2). Bodily injuries caused through other harmful traditional practices which can result in a penalty like those of the previous provisions. (Art. 567) Finally, participation by parents or other persons who participate in previously stated offences are punishable to no exceeding amount under the first provision. (Art. 569) Although FGM is recognised as a punishable offence, only one conviction under this criminal code has been recorded. (Orchid Project, 2023)
FGM practices can be seen as physical violence, a harmful traditional practice and cruel or degrading treatment. An attempt to address FGM within international treaties has been made with General Recommendation 14 of CEDAW. This recommendation provides authoritative guidance from the CEDAW committee, explicitly focusing on female circumcision, known as FGM, providing an interpretation for CEDAW. (UN Committee on the Elimination of Discrimination Against Women, General Recommendation No:14) This was the first explicit mention of FGM within international conventions and has existed as a stepping stone for other international, national, and continental treaties.
Ethiopia, FGM and the UPR
Having recognised the key legal and human rights frameworks surrounding FGM, this section examines the influence of the UPR in eliminating the practice in Ethiopia.
An attempt to educate about and prohibit FGM has been evident for decades through various human rights mechanisms, treaties and declarations. However, after reviewing the new legal order reflected in these agreements, human right mechanisms must also be reviewed in relation to their capacity to uphold these laws within domestic matters.
The UPR raises questions of its contribution in legal reform and its effectiveness in holding countries accountable. Specifically, an interest lies with the extent of contribution of the UPR towards eliminating FGM within Ethiopia. As the UPR reviews states every four and a half years, Ethiopia has undergone three cycles, with thirty-seven recommendations in relation to the affairs of FGM within the country. Many countries have given recommendations towards Ethiopia and their practices of FGM. Ethiopia noted two recommendations in which related to amending their criminal code (UPR, Honduras Recommendation to Ethiopia) and to increase the penalties on FGM. (UPR, Sweden’s Recommendation to Ethiopia). The further thirty-five recommendations relate to gender-based violence and advancing the efforts to address and combat FGM while effectively implementing legal provisions in relation to FGM. A further promotion of women’s and girls’ rights is recommended to be implemented by Ethiopia to fight towards the ban of FGM.
Strengthening penalties has been a recurring recommendation to Ethiopia during their UPR cycle, which relates to penalties under their Criminal Code in, already in place. Penalties range from custodial sentences to fines; however no sufficient record of conviction is apparent. Strengthening the criminal code and penalties within Ethiopia could enhance accountability, particularly if accompanied by effective enforcement and community-level change to end FGM. Work can be appreciated by Ethiopia to fight FGM, however reference made to international and national law allow room for improvement to be a priority for Ethiopia.
As the UPR’s nature is not legally binding, it lacks a direct enforcement mechanism for those states who neglect their duty of care of human rights obligations. This holds limitations on the extent in which the UPR can contribute to human rights violations although concerns can be raised, states have the option to ‘support’ recommendation or reply ‘noted.’ Support by the state indicates they intend to implement the recommendation before the next UPR review. However, ‘noted’ indicates the state has acknowledged the recommendation but have no commitment to implementing it before the next review. Strengths lie with the UPR due to the recognition of progress of human rights, however due to not being legally binding in nature, the limitations can outweigh its contribution towards ending FGM.
Consequently, avenues are limited when holding states accountable, especially when neglect of human rights obligations is evident. Although as a recognition and recommendation mechanism, the UPR has no real enforcement instrument. Contributions from the UPR can be detailed to allow for progress to be gained by states in certain areas, however, the state can choose to ignore these recommendations.
Although structurally limited common to all UN peer-review mechanisms, the UPR nonetheless, can be seen to contribute to shaping Ethiopia’s policy direction and normative commitments as they progress their efforts in ending FGM. Within 2012, the UN General Assembly designated International Day of Zero Tolerance for Female Genital Mutilation on the 6th of February. (UNGA) This is globally recognised, especially within Ethiopia, as a platform to reaffirm commitment to ending FGM. During, 2017, Ethiopia banned the medicalisation of FGM within public and private medical facilities. Although mainly traditional circumcisers are apparent, a rise in medical operations carried out by healthcare personnel has increased throughout the years.1 This step criminalises the professional conduct of medical personnel carrying out FGM procedures. However, the gap is still apparent for rural, unmedicalized procedures in which are carried out. Within 2025, the Ministry of Women and Social Affairs, UNICEF and UNFPA, launched eight documents aimed at strengthening national efforts within Ethiopia to eliminate harmful practices. These documents outline measures to empower women and promote social and behavioural change. Further to this, these measures impact the Sustainable Development Goal’s (SDGs) in which Ethiopia have committed too and has become a politically binding instrument to national law. By being bound by this, Ethiopia has an obligation under goal five, to achieve gender equality and empower all women and girls. This will aim to end all forms of discrimination and violence against women and girls by 2030. (United Nations Ethiopia) Ethiopia further launched a five-year national roadmap to end child marriage and FGM. The plan has a cost value of $94 million and outlines key strategies and interventions set by the Government and its partners. These five strategies aim to achieve elimination by: empowering adolescent girls and their families, community engagement (including with faith and traditional leaders), enhancing systems, accountability and services across sectors, creating and strengthening an enabling environment and finally, increasing data and evidence generation and use. (Chinyama, 2019) This roadmap aims to accelerate the decrease of child marriage and FGM within Ethiopia to stay consistent with the UPR recommendations and the SDGs. Through this roadmap, community-based initiatives are set up to empower civil society and work together to changing cultural and societal norms. Although change has been apparent between 2016 - 2024, a greater impact and scale is expected of Ethiopia to sustain their goal of achieving gender equality and empower all women and girls. To be in line with the SDGs Ethiopia, based off the progress within the last ten years, must accelerate seven times quicker on eliminating FGM.
The UPR can aid the recognition and contribution in addressing FGM within Ethiopia, however, the extent of contribution must be measured. Due to this it can contribute to the acknowledgement of the issues apparent within Ethiopia, however, remains limited due to consisting of a non-binding nature with no enforcement mechanisms. Ethiopia have formally engaged with by committing to continued action to reduce and combat FGM. Through this, it is evident the UPR has contributing factors to addressing the fight towards FGM, but no legal action can be taken towards the end of FGM.
Conclusion
Cultural norms are embedded within the world; international legal order can pose limitations to the progression of human rights in the states where these norms are prevalent. Africa is notorious for their procedures of Female Genital Mutilation (FGM) and the widespread human rights violations which are affected throughout these procedures. Although, many countries develop these practices into city and rural life, Ethiopia sparks specific interest due to their recent developments to move away from FGM. Ethiopia and the international globe are bound by many UN treaties and conventions, which they ratify due to being a member state. The UDHR and CEDAW, co-exist as foundational frameworks to the establishment of human rights within Ethiopia, some with specific relation to women and girls. Through these frameworks, domestic laws have been influenced to relate to ending discrimination and prosecutions for FGM. Progress has been tracked with specific regard to Ethiopia in reducing rates of FGM across the country although work still needs carried out to meet implementation of SDGs. Increasing budgets and helping to empower civil society further help address the issue of FGM and recognise strategies to eliminate this practice completely.
Interest has lay within the UPR and their extent of contribution mechanisms towards FGM. Ethiopia has, at times, demonstrated elements of performative compliance with the UPR and their recommendations through their engagement of criminalising FGM alongside international mechanisms. However, meaningful change remains limited due to the lacking nature of enforcement mechanisms. Change is apparent by Ethiopia in relation to their national and international framework, however, their UPR recommendations exist in the form of education and shifting societal and cultural norms towards a FGM free state which should be the progression for the state.
Although the UPR can be seen as contributing towards the recognition of neglect by states in relation to human rights, it stands a limited place due to its non-enforcement mechanism. Ethiopia remains to accept recommendations but still practice outlawed FGM throughout the country. The UPRs extent is carried to recognition of fighting towards an FGM free state, however, no direct or enforceable solution can occur from the Universal Periodic review mechanism alone.
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