Experts urge tougher action to end FGM, related illicit trade

The calls come amid concerns over weak supervision and poor enforcement of Sections 94 to 96 of the Law of the Child Act, which protect children from harmful cultural practices.

Despite clear legal provisions, an investigation by The Citizen has revealed escalating incidents of FGM, particularly in Butiama, Tarime, Musoma Urban and Serengeti districts of Mara Region.

The investigation also uncovered a clandestine trade in body parts derived from FGM.

Weak enforcement

The persistence of the practice is largely attributed to weak enforcement of regulations, including Section 118 of the Law of the Child Act, Cap 13 of 2019 and Sections 21, 22 and 169A of the Penal Code, Cap 16.

Section 118 explicitly prohibits the exploitation of children for any purpose, including the illegal trade in organs and body parts, while Section 169A, as amended in 2022, criminalises FGM against girls of any age.

Sections 21 and 22 of the Penal Code stipulate that remaining silent, failing to report, or neglecting to act against such offences constitutes participation in the crime.

Under the Local Government Acts, Cap 287 and 288, local authorities, village executive officers and neighbourhood leaders are legally mandated to protect children’s rights within their jurisdictions, as outlined in Sections 142 and 143.

As a result of these continued violations, girls subjected to FGM face life-threatening risks, including severe physical injury, psychological trauma and, in extreme cases, death.

Speaking separately to this newspaper, activists said gaps in implementation have allowed FGM to persist, giving rise to clandestine networks and an illicit trade linked to the practice.

They added that these failures enable perpetrators to operate with relative impunity, exploiting cultural silence, fear and economic vulnerability within affected communities.

They insist that a solution-based approach, centred on prevention, protection and prosecution, offers the most effective path towards ending both FGM and the criminal enterprises it fuels.

Legal and Human Rights Centre (LHRC) Advocacy and Reforms director Fulgence Massawe said Tanzania has sufficient laws to tackle the problem, but enforcement remains a major challenge.

He cited the Anti-Trafficking in Persons Act of 2008, which criminalises human trafficking and the trade in human body parts, as well as provisions in the Penal Code that explicitly prohibit FGM.

“These activities are occurring despite the law, yet they constitute serious criminal offences. The government needs to ensure that every leader and responsible authority discharges their duties in line with legal requirements,” he said.

Drawing parallels with past cases involving people with albinism, Mr Massawe noted that anti-trafficking legislation was among the most violated laws at the time, addressing both human trafficking and the illegal trade in human body parts.

He warned that similar enforcement failures are now evident in FGM-related cases.

Tanzania Women Lawyers Association (Tawla) executive director Tike Mwambipile expressed alarm over reports that genital parts are being traded, describing the practice as “shocking and criminal”.

“I am surprised that there are claims of genital parts being traded. FGM is harmful and prohibited under our Penal Code. It is illegal, which is why such trade is a criminal offence and why these acts are carried out in secrecy,” she said.

Ms Mwambipile noted that while some incidents may occur openly in areas such as the Mara Region, FGM remains unlawful.

Existing legislation

She urged law enforcement agencies, security organs and relevant institutions to ensure existing legislation is fully enforced to prevent the practice.

“FGM is deeply rooted in customs and traditions and is seen as a cultural value by some. Therefore, alongside enforcement, public education and awareness must be intensified,” she said.

She acknowledged the Ministry of Constitutional and Legal Affairs’ legal aid programme, calling for its expansion to regions where FGM persists.

Ms Mwambipile also emphasised the need to train police and community development officers to educate and intervene, stressing that “when we receive information about FGM, we have a duty to act because it is against the law.”

Hope for Girls and Women in Tanzania executive director Rhobi Samwelly argued that addressing FGM requires a multi-faceted strategy that goes beyond arrests.

She stressed the importance of community engagement, education, survivor support and consistent legal action to challenge deeply rooted beliefs that sustain the practice.

“By transforming harmful social norms and empowering communities with knowledge, we can make significant strides towards protecting the rights and well-being of women and girls. Law enforcement alone is not enough if communities are not part of the solution,” she said.

Stakeholders also called for stronger collaboration between human rights organisations, gender-focused groups and law enforcement agencies, particularly in hotspot areas such as the Mara Region.

They said coordinated investigations and intelligence-sharing are essential to dismantle underground criminal networks that thrive on secrecy and intimidation.

Human rights defenders warned that entrenched cultural beliefs surrounding FGM continue to legitimise the practice in some communities, compounding the suffering of young girls whose lives are permanently altered.

“Without adequate funding for prevention programmes and sustained engagement at the grassroots level, the clandestine trade linked to FGM will remain deeply rooted and difficult to eradicate,” said Ms Samwelly.

She noted that the hidden nature of these networks allows perpetrators to evade detection, often involving intermediaries who connect cutters, traders and buyers.

The secrecy surrounding such operations makes it difficult for victims and witnesses to come forward, particularly in communities where FGM is viewed as a rite of passage.

Long-term consequences

Another source, who preferred not to be named, said many survivors live with long-term physical and psychological consequences, yet access to specialised care remains limited, particularly in rural areas.

The Ministry of Community Development, Gender, Women and Special Groups has previously reaffirmed the government’s commitment to ending FGM, citing national action plans and awareness campaigns.

However, activists insist these efforts must be matched with sufficient budget allocations, regular monitoring and accountability mechanisms at all levels of government. Legal experts further recommend investing in in-depth research to map the scale and dynamics of clandestine FGM networks.

Evidence-based interventions, they argue, would enable authorities to target key actors, disrupt supply chains and strengthen prosecutions.

“Only a comprehensive and well-resourced strategy, one that combines strong law enforcement with prevention, education and survivor protection, will safeguard at-risk girls and bring an end to both FGM and the illegal trade that thrives on it,” said a legal expert on condition of anonymity.

Head of the Gender Desk in Mara Region Charles Ezekiel said police will conduct investigations to uncover clandestine networks involved in the trade.

The Director of the Child Development Department at the Ministry of Community Development, Gender, Women and Special Groups, Mr Sebastian Kitiku, said that last year the government amended the Law of the Child, Chapter 13.

Stricter penalties

He said the amendment has strengthened measures against FGM, making penalties stricter than before.

He emphasised that while the government prefers education and dialogue, the law will be applied when individuals refuse to change.

“We understand that cultural issues are sensitive and deeply rooted, so we do not rush to use the law. But when education fails and someone deliberately refuses to change, the law becomes necessary,” he said.

Furthermore, Mr Kitiku said combining education with firm enforcement remains the most effective solution.

“Our approach is to use both education and the law, targeting all groups involved in subjecting children to FGM. Communities must ultimately understand the harm caused by this practice and accept that it has no place in modern society,” he stressed.