Explaining Variation in Compliance with Anti-FGM and Child Marriage Law in Burkina Faso

This chapter examines the use of formal law to regulate two cultural practices in Burkina Faso: child marriage (“CM”) and female genital mutilation/cutting (“FGM/C”). Though both laws ban similar and related cultural practices, their outcomes are divergent: higher compliance with anti-FGM/C law and lower compliance with anti-CM law. This is explained by variation in target population legal knowledge and their attitudes towards the law and the legal implementation strategies. Anti-FGM law in Burkina Faso was implemented through a multi-faceted approach that combines fear-based tactics and facilitative approaches. CM law, on the other hand, lacks both effective enforcement and a coordinated, facilitative effort to address the practice. As a consequence, the conflict between formal law and cultural practice remains unresolved in the minds of target populations (those whose practices the law seeks to change). In this case, variation in compliance shows that when customary law and practice openly contradict national civil law, formulaic responses may not work. Context still matters. Thus, experimentation with different approaches may be required before the state finds an effective strategy.