Is Anti-FGM Legislation Cultural Imperialism? Interrogating Kenya's Prohibition of Female Genital Mutilation Act

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Abstract

Postcolonial feminists and anthropologists have criticised anti-female genital mutilation (FGM) efforts for being ethnocentric and for imposing ‘Western’ values onto African communities. Recently, a Kenyan medical doctor has petitioned against Kenya's Prohibition of FGM Act, arguing that the Act is unconstitutional and the entrenchment of Western values. This article critically interrogates the allegation that African legislation against ‘FGM’ (FGM) embodies the culturally-imperialist imposition of Western values by empirically examining how Kenya's anti-FGM Act was produced and became contested. The findings show that international power hierarchies influence who can speak and what can be said about FGM. However, the findings simultaneously challenge the Africa/West and cultural relativism/imperialism divide present in some of the critiques of anti-FGM legislation and interventions. I argue that the notion of ‘imposition’ does not adequately capture the African agency and the transnational collaborations that went into both producing and contesting the Act.

Original languageEnglish
Article numbern/a
Pages (from-to)378-398
Number of pages21
JournalSocial & Legal Studies
Volume32
Issue number3
DOIs
Publication statusPublished - Jun 2023

Bibliographical note

Funding Information:
The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: This work was supported by the SOAS Research Studentship and ESRC Postdoctoral Fellowship.

Publisher Copyright:
© The Author(s) 2022.

Keywords

  • Female Genital Mutilation
  • FGM/C
  • Female circumcision
  • Female Genital Cutting
  • Cultural Imperialism
  • Cultural Relativism
  • Ethnocentrism
  • Resistance
  • Coloniality
  • Law
  • Legislation
  • Court case
  • Kenya
  • Africa

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