Sahiyo’s statement on the Michigan case dismissal on Sep 28, 2021
It is with great sadness and disappointment that Sahiyo responds to the recent judgement in the Michigan case. Female genital cutting (FGC) is recognized internationally, and specifically by the U.S. Government as a violation of human rights. Judge Friedman’s decision to throw out this case, which is the nation’s first FGC case, highlights a failure to protect girls in the United States from this harmful practice, and a failure to truly understand the extent and pervasiveness of FGC within this country. (See the Amicus Brief, which is informed by survivors of the same community as the girls in this case, and provides details on these aspects of FGC for the judge). This judgment has been met by much criticism already, with a call from The US End FGM/C Network for more training across all branches of government, including judicial training that includes: what FGM/C is, how it is carried out, and its life-long impact on women and girls. Sahiyo believes we cannot allow harmful practices such as FGC to continue. Girls’ rights cannot go unprotected due to legal technicalities and decisions made by those who do not, or refuse to, understand the realities of gender-based violence. We must all work together to protect ALL girls from this harm and we call on the Department of Justice to appeal this decision. Background on the case On April 13, 2017, Detroit emergency room doctor Jumana Nargarwala was arrested and charged with performing FGC on minor girls in the United States. This was the first time someone was brought up on charges under 18 U.S.C. 116, which criminalizes FGC. According to the U.S. Federal complaint, Dr. Nagarwala performed FGC on 6 to 8 year old girls out of a medical office in Livonia, Michigan. Some of these girls’ families reportedly traveled inter-state to have the doctor perform FGC. On November 20, 2018, Judge Bernard Friedman ruled that the US Federal Law banning Female Genital Cutting was unconstitutional based on a technicality. With this ruling, the judge dismissed key charges of FGC against two Michigan doctors and six other people accused of practicing genital cutting on several minor girls. The ruling was determined by Judge Friedman’s stance that the crime of FGC should be regulated by individual states. However, the US does not actually have laws against FGC in every single state. At the time, only 27 out of 50 states had a state law banning FGC. As of October 2021, there are now 40 states with a state law. There is a state law in Michigan banning FGC, but the law only came into effect in 2017 after the federal case involving Dr. Nagarwala and Dr. Attar came to light. The doctors cannot be prosecuted retrospectively under this Michigan state law. After Judge Friedman’s verdict in 2018, the Department of Justice failed to appeal Judge Friedman’s decisions in 2019. As a result, Congress filed a motion to appeal the decision, but the motion was denied. In 2020, these events led Congress to unanimously amend and strengthen the Federal FGC law, in order to withstand future challenges, while firmly stating its disagreement with Judge Freidman’s interpretation of the law. In January of 2021, Congress passed the H.R. 6100-STOP FGM Act. (((To learn more about the history of this court case and legislation in the U.S., read CoP Law & FGM – Legislation in North America.) However, the combination of Judge Friedman’s recent decision in September 2021 dismissing the remaining charges against Doctor Nargarwala (and calling the prosecution ‘vindictive’ for seeking new charges), with the Department of Justice’s original decision in 2019 to not appeal his decision, underscores how protecting girls from violence was not central to the case.
Upcoming webinar: Exploring the connections between religion and female genital cutting
By Sarah Boudreau, Programs Intern Event: Exploring the Connections Between Religion and Female Genital Cutting Date: Thursday, October 28, 2021 Time: 2pm EST Registration Link: https://bit.ly/ReligionAndFGC On October 28, 2021, Sahiyo will be hosting a webinar, ‘Exploring the Connection Between Religion and Female Genital Cutting’ (FGC). This harmful practice is often attributed to certain religions or cultures. Some might say these acts are justified because they are tradition or holy, not to be argued by those outside of the community. But does religion alone truly perpetuate the practice of FGC? How do survivors of FGC view the topics of religion and spirituality? And how do these things affect them in their day-to-day lives as women? This virtual event will answer these questions and examine the FGC through a religious lens, including why it occurs and how it affects millions of women around the world. We will hear 3 expert speakers raise their voices while sharing insightful professional and personal experiences.The webinar will be moderated by Sahiyo U.S. Executive Director Mariya Taher and includes a panel discussion featuring Sameera Qureshi, Rahmah Abdulaleem, and more speakers to come. Register today and join us as we listen, learn, and advocate for change for the future. In addition, this webinar is part of a larger public awareness campaign that explores both connections and disconnections between religion and FGC, which Sahiyo will be initiating on October 28, in honor of the International Day of the Girl Child. When advocates speak about religion and its relationship with FGC, the conversation is usually focused on attempting to disprove the relationship and connection, rather than to uplift and highlight the idea that no religion should be permitted to promote harm to a child. This campaign will explore the major themes connecting religion and FGC, emphasizing how religion should never be used to cause harm, regardless of leadership or textual sayings. Our hope in creating this campaign is that we will educate the broader public on the right for women to choose and give consent, as well as the importance of agency over their own bodies. Speaker Bios: Sameera Qureshi, MS OTR, is an Occupational Therapist and Sexual Health Educator. For the last twelve years, Sameera has worked at the intersections of mental and sexual health education within Muslim communities, both in Canada and the United States. After twelve years in non-profit spaces, she founded her own business, Sexual Health for Muslims, in the Fall of 2020. The goal of her work is to create online, comprehensive sexual health education for Muslims, grounded in the tradition of Islamic spirituality and psychology. Sameera’s approach not only addresses the body and mind, but more so the soul, which is what Muslims are tasked with gaining self-awareness of. Apart from offering comprehensive, online sexual health courses for Muslims, she also provides one-on-one consultations, premarital education sessions, and regularly collaborates with Muslim organizations and other professionals in the field. Sameera also facilitates professional development opportunities for sexual and mental health providers who intersect and work with Muslim clients and communities. You can find her work on Instagram @sexualhealthformuslims, and on her website www.sexualhealthformuslims.com. Rahmah A. Abdulaleem is the Executive Director of KARAMAH: Muslim Women Lawyers for Human Rights. which aims to create a global network of advocates who are both knowledgeable about the gender-equitable principles of Islam, and are able to advance the cause of Muslim women’s rights in legal and social environments. Ms. Abdulaleem works with scholars to empower advocates about the rights Islamic law grants to women; she also educates Muslim women in Islamic jurisprudence, leadership, and conflict resolution so they may become the leading agents of change within their communities. Ms. Abdulaleem has coordinated and presented at educational and civil rights programs around the world. Ms. Abdulaleem obtained her J.D. from the University of Michigan Law School and worked at a top international corporate law firm for 14 years. You can learn more about her work on her website https://karamah.org.