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Africa News afrol News
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Africa News afrol News
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In spite of laws against mutilation of females, this ill-treatment continues in many parts of Africa. Different organisations working against the practice, stress the need of thorough information on the damage this tradition generates on women. The practice tends to go underground when its only limitation rests on the law. What is FGM?
Why practise FGM?
Because of this still debated hadz'th, some scholars of the Shari school of Islam, found mostly in East Africa, consider female circumcision obligatory. 'I'he Hanafi and most other schools maintain it is merely recommended, not essential. In the nineteenth century, women in the United States and Europe were sometimes circumcised because it was believed to relieve epilepsy, hysteria, and insanity. In Africa, FGM practises are mostly not related to Islam itself, although its prevalence is higher in predominatly Muslim countries (see table). While FGM is not practised in Muslim Morocco, it is widespread in Sierra Leone (among Muslims and followers of traditional religions) and it is equally practised by Orthodox Christians and Muslims in Ethiopia. Fighting FGM While laws alone can not achieve that change, they are an important tool, says Ms. Rahman. The book, which provides a description of the legal status of laws on female circumcisions - also known as female genital mutilation - is unique in that it addresses the practice of female genital mutilation as a human rights issue. Ms. Rahman says 41 countries have addressed the issue of female genital mutilation in their laws and policies. The book, which are the result of two years of collaboration between the Center for Reproductive Law and Policy and the Network, is one more tool to educate the public about female genital mutilation - a practice which have affected some 130 million girls and women worldwide, UNFPA Media Advisor Abubakar Dungus said. Female genital mutilation, the name given to a number of traditional practices that involves the partial or total excision of female genitals, are practiced in 28 African countries, as well as other regions of the world. That female genital mutilation is reflective of the low status of women in society is the fundamental premise of the book, according to Ms. Rahman. Female genital mutilation represents a blatant attempt to control women's sexuality and subordinate their status in society. It is also a violation of the human rights of girls and women. Outlining the key findings of the book, cutting a child's or a woman's genitalia are both physically and psychologically damaging, Ms. Rahman further states. The international community has recognized that female genital mutilation is a violation of women's human rights. Encouraging legislative and policy efforts can be found in countries around the world, in Africa as well as industrialized nations that have received African immigrants. Female genital mutilation is prohibited by legal or administrative measures in at least 18 countries worldwide, Ms. Rahman continues. In Africa alone, nine out of 28 countries have enacted laws criminalizing female circumcision. That includes a decree by the Egyptian Ministry of Health which declares female circumcisions unlawful. That decree has been later backed by a court decision. In most cases penalties for female genital mutilation range from six months to life in prison. The earliest example of a law against female genital mutilation was in 1965, when Guinea passed a law against that practice. Seven industrialized nations have enacted laws criminalizing the practice of female genital mutilation, she says. One of those nations is Australia, where six out of its eight states have criminalized the practice. In the United States, 15 of its states have criminal laws against female genital mutilation. There is also a federal law prohibiting the practice in the United States. The book finds that there have been some success stories, she says. In several instances, women's groups along with human rights groups have successfully increased awareness of the practice of female genital mutilation. That awareness has resulted in legal change. In Senegal, for example, women's groups have lobbied to pass a criminal law on female genital mutilation. As a first step, the Government has provided women and families with education about the harmful nature of female genital mutilation. Also, in 1997, the Egyptian Government declared that Islam did not sanction female genital mutilation and that the practice was punishable under its penal code. The United Kingdom used an integrated legal approach to deal with the practice of female genital mutilation, which was considered a form of child abuse and could be used as the basis for State intervention to safeguard a child's welfare. Laws against female genital mutilation are necessary, but not sufficient to stop the practice or to enhance women's rights, Ms. Rahman says. Legal change must be accompanied by public education and other campaigns and must be a part of an overall framework to promote women's rights. Female circumcision can be stopped within a generation. The long-term solution to the issue of female circumcision is empowering women. Governments must demonstrate the political will to promote women's rights.
From a medical standpoint, cutting any healthy part of a body are never the right thing to do, she says. As a medical doctor she was sworn by oath to protect the body. While a cancer could be cut to save the life of a child, there is absolutely no reason to cut a perfectly healthy part of the body just because tradition says so. In addition to the psychological trauma, female genital mutilation has many other health implications, such as bleeding, infection, difficulty in childbirth and infertility. The practice also affects women's full sexual pleasure and relationships. The right to health must be discussed, she says. "I think it is very important that as Africans we start thinking about the rights of our people as individuals and as human beings", she says. Whether a law would be productive or counter-productive is a controversial issue. Female circumcision is a complex issue about gender, belief and power. As a complex issue, it deserves complex approaches. "Ultimately, the law is a very important tool", she says. The law is an endorsement of public opinion. It is also a form of empowerment for those who are less powerful in society. There are many people, including women, children and men, who would rather not be circumcised. There are also families who would rather not circumcise their children, but social pressures dictates the practice. The law would give those people power they would not otherwise have. The law is not just about punishment, she says. "There are cases in which people are well-educated and informed and still can not stand the idea that women can live with her sexual organs intact", she says. In that case, the law gives the power to intervene. The law is not meant to break up families or sever generational ties, but it does make provision for right and wrong behaviors. She says that there is concern, however, about the possible abuse of the law, particularly in the case of already powerless refugee and minority populations living in host countries. Such laws should not fuel existing power struggles within a nation. There are countries in which only the minority practice female genital mutilation. The best example of that is in Ghana, where female genital mutilation is only practiced by the Sahel people, who are poor, less educated and not in positions of power. Ms. Rahman states that the United Nations have taken positions repeatedly against female genital mutilation. The call to end the practice has been reiterated in the five-year review of the Fourth World Conference on Women, as well as the 1994 International Conference on Population and Development. The Committee on the Elimination of Discrimination against Women has also issued a recommendation calling for the steps necessary for governments to stop the practice. The UN General Assembly, in its last session, has adopted several resolutions on traditional practices that are considered harmful to women. It has asked countries to take measures to discourage the practice. The Assembly has also thanked UNFPA for appointing a special ambassador for the elimination of female genital mutilations, as well as asking governments to contribute to a special fund set up to encourage UNFPA's work in discouraging the practice. Asked to name countries in which female genital mutilation is still widely practiced, Dr. Toubia says there are 28 African countries that practice female circumcision at different levels. In some countries, only very small tribes practice it, whereas in other countries it is prevalent, with some 90 per cent of the population still carrying out female genital mutilation. The severity of the practice also differs. There has been no major change in the practice in the last 10 years in terms of actual numbers. It is a very complex, deep issue. In Africa, people have only started discussing the issue recently, within the last five years. That is not enough time to bring about social change. Nigeria's national assembly is debating a bill to ban female genital mutilation throughout the country. That bill might be signed and passed into law this year. It is an ancient practice that would take time to end. The journey has begun, however. In Uganda, for example, the Sabiny Elders in the Kapchorwa district were awarded the Population Award in 1998. In that case, girls had been encouraged to say no to circumcision. In Kenya, a non- governmental organization called the "Maendaleo Ya Wanawake" is helping through alternative rite-of-passage ceremonies, which emphasize positive cultural and traditional rituals without incorporating female genital mutilation. Another example is in Guinea, where women are being persuaded to abandon the practice. While laws are helpful, society must be encouraged to take part in the movement away from the practice. Asked to describe the effect of law on the practice of female genital mutilation, she says that in industrialized countries, there has not been many cases of prosecutions. There has been a scattering of prosecutions in African countries. One of the best examples is a recent case in Senegal where a father stepped forward and said that his wife was trying to circumcise his daughter. The law was applied in that case. The law has also been applied in Ghana. In industrialized countries, there has been concern for using the female genital mutilation law against immigrants and minorities. While evidence has not been found of that, there remains the concern that the laws be applied in a non-discriminatory manner. Were there any examples of positive or adverse social reactions to the laws? a correspondent asked. Dr. Toubia says that the cumulative positive effect is difficult to measure and would need time to be assessed. On the individual level, she is aware of two cases. There was a case of a well-educated, affluent immigrant family in the United States in which the mother did not want to circumcise the daughter. The father, however, was under great pressure by his business associates to circumcise his daughter. If he did not conform to the pressures of his business associates, his livelihood would have been threatened. The mother contacted a counseling service. When the father learned of the legal ramifications of female genital mutilation for his family and his community, the law gave him the power to resist the demands of his associates. Also in France, a woman who had undergone female genital mutilation was able to prevent her younger sister from undergoing the same procedure by revealing the situation to the French court system. A negative reaction to the enactment of laws on female genital mutilation was in the Sahel region of Ghana, she says. In that region, the practice of female genital mutilation has gone underground. Although the practice has not stopped, no one would admit that the practice still occurs. Five years ago the practice would have been openly discussed. Now that a law is in place, no one discusses the practice. Governments must express the political will to bring about change, Ms. Rahman says. Even when governments have enacted laws, they have not put programs and resources in place to stop the practice and promote women's rights. Monette van Lith, representative of the World Health Organization (WHO), says her organization have long addressed the issue of harmful traditional practices, particularly that of female genital mutilation. The WHO is committed to the elimination of all such forms of harmful practices and the right of bodily integrity of persons. The WHO condemns the medicalization of female genital mutilation in any setting, including at hospitals and other health establishments. In the area of a high prevalence of such practices, the WHO has developed training materials, among other efforts, to prevent and eliminate female genital mutilation, as well as for the care and treatment of victims of such practices. To deal with harmful practices and female genital mutilation, it is essential to educate the public, she says. That
calls for active involvement of NGOs, local governments, communities, women's groups and political leaders. The WHO released a plan in 1997 to eliminate female genital mutilation in Africa. There were regional plans that have set short, medium and long-term goals. The WHO is providing technical support to develop national plans of action to eliminate female genital mutilation. To further emphasize its support to countries, the WHO launched a joint statement with the United Nations Children's Fund (UNICEF) and the United Nations Population Fund (UNFPA) in April 1997, which expressed a common purpose of the three organizations in supporting the efforts of governments and communities to promote and protect the health of children and women. A well-coordinated approach, including education supported by enough resources, could lead to a reduction of such practices in 10 years and their elimination in three generations. Sources: Based on UN agencies, Amnesty, US govt. and afrol archives
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