Massachusetts Senate passes FGM/C bill
BOSTON, MA – July 30, 2020 – Sahiyo would like to thank the President of the Massachusetts Senate, Karen Spilka, and bill sponsor Senator Joe Boncore (D-First Suffolk and Middlesex) for the passage of bill H4606 “An Act Relative to the Penalties for the crime of Female Genital Mutilation/Cutting (FGM/C)” in Massachusetts. The FGM/C bill had a favorable vote in a formal session of the Senate, after it passed in the House on July 16th. Governor Charlie Baker will have 10 days to sign the bill. Survivors Mariya Taher, an Anonymous survivor, and activist Hanna Stern created a change.org petition to plead with the Massachusetts state legislature to protect young girls in Massachusetts from being cut by making FGM/C illegal. Taher, in particular, was praised by Senator Boncore for her work and advocacy on the issue. Taher has worked with the Women’s Bar Association of Massachusetts independently, and on behalf of Sahiyo – United Against Female Genital Cutting, of which she is the U.S. Executive Director and co-founder. Senator Boncore also recognized Sahiyo for their work on advocating for the abandonment of FGM/C. A member of the legislative working group, Joanne Golden, is also a member of the U.S. Advisory Board for Sahiyo. On June 16th, the Massachusetts House of Representatives voted favorably to pass the bill. The FGM/C bill not only has bipartisan support, but also bicameral support, with over 100 Senate and House cosigners of the original bills (H3332, H1466). The bill has also been supported by almost 50 organizations, including The Women’s Bar Association of Massachusetts, the AHA Foundation, UNICEF USA, the U.S. End FGM/C Network, Boston Mayor’s Office of Women’s Advancement, Office of the Child Advocate, Caucus of Women Legislators, American Academy of Pediatrics – Massachusetts Chapter, and American Congress of Obstetricians and Gynecologists (ACOG) – Massachusetts section, and Sahiyo, to name only a few. FGM/C is defined by the World Health Organization as removal of all or part of a girl’s healthy genitals and surrounding tissue for non-medical reasons, often resulting in serious health consequences, including the risk of death in childbirth, and lifelong trauma. There are no health benefits to this practice. According to the Centers for Disease Control, half a million women and girls living in the U.S. have been cut or are at risk of FGM/C. Over fourteen thousand such women and girls reside in Massachusetts, which ranks as 12th in the nation for at-risk populations. Last session, the Joint Judiciary Committee heard unequivocal testimony from survivors that FGM/C happens in the U.S., and that girls born in Massachusetts are at risk. Thirty-eight states have already passed laws banning FGM/C, including during the shutdown for the COVID-19 pandemic, and we respectfully urge Governor Baker to sign bill H4606 into law so that Massachusetts can become number 39. In November 2019, a U.S. District court struck down the federal law making FGM/C illegal, finding that Congress exceeded its authority under the U.S. constitution, and that FGM/C is a violent crime that must be regulated by the states. Top Massachusetts law enforcement officials testified last September that existing state criminal laws would not cover FGM/C. The Department of Children and Families considers FGM/C a form of child abuse. Massachusetts must act to stop this practice. Thank you to Senate President Spilka and House Speaker DeLeo, and our House and Senate bill sponsors for your leadership, support, and action on such an important issue of women and girl child rights.
Massachusetts House passes FGM/C bill
July 16, 2020 – The Massachusetts House of Representatives has just voted favorably in an informal session to pass a bill to protect girls from female genital mutilation/cutting (FGM/C). H.4606 – An Act Relative to the Penalties for the Crime of Female Genital Mutilation will now go to the Senate floor for a vote. Survivor Mariya Taher and activist Hanna Stern created a change.org petition to plead with the Massachusetts state legislature to protect young girls in Massachusetts from being cut by making illegal FGM/C. Taher has worked with the Women’s Bar Association of Massachusetts independently and on behalf of Sahiyo – United Against Female Genital Cutting, of which she is the U.S. Executive Director and co-founder. Sahiyo, along with Taher, Yusuf and Stern, would like to thank the Women’s Bar Association of Massachusetts, Speaker of the Massachusetts House of Representatives, Robert A. DeLeo, and bill sponsors State Representatives Jay Livingstone (D-8th Suffolk), Natalie Higgins (D-4th Worcester), and Brad Jones (R-20th Middlesex, House Minority Leader) for today’s passage of bill H4606 “An Act Relative to the Penalties for the crime of Female Genital Mutilation (FGM)” in Massachusetts. The FGM bill has not only bipartisan support, but also bicameral support, with over 100 Senate and House cosigners of the original bills (H3332, H1466). The bill has also been supported by almost 50 organizations, including The Women’s Bar Association of Massachusetts, U.S. End FGM/C Network, Sahiyo, UNICEF USA, Boston Mayor’s Office of Women’s Advancement, Office of the Child Advocate, Caucus of Women Legislators, American Academy of Pediatrics – Massachusetts Chapter, and American Congress of Obstetricians and Gynecologists (ACOG) – Massachusetts section, to name only a few. FGM/C is defined by the World Health Organization as removal of all or part of a girls’ healthy sex organs and surrounding tissue for non-medical reasons, often resulting in serious health consequences, the risk of death in childbirth, and lifelong trauma. According to the Centers for Disease Control, half a million women and girls living in the United States have been cut or are at risk of FGM/C. Over fourteen thousand such women and girls reside in Massachusetts, which ranks as 12th in the nation for at-risk populations. Last legislative session, the Joint Judiciary Committee heard unequivocal testimony from survivors that FGM/C happens in the U.S. and that girls born in Massachusetts are at risk. Thirty-eight states have already passed laws banning FGM/C including during the shutdown for the COVID19 pandemic, and with your immediate action by the Massachusetts Legislature and Governor Baker, Massachusetts can become number 39. We do not want our state to be a destination for FGM/C. In November 2019, a U.S. District court struck down the federal law making FGM/C illegal, finding that Congress exceeded its authority under the U.S. constitution, and that FGM/C is a violent crime that must be regulated by the states. Top Massachusetts law enforcement officials testified last September that existing state criminal laws would not cover FGM/C. The Department of Children and Families considers FGM/C a form of child abuse. Massachusetts must act to stop this practice. We respectfully urge all to support this legislation and take the necessary steps immediately to send it to the Senate floor for a vote before the end of the session on July 31st. Sahiyo is dedicated to empowering Asian communities to end female genital cutting (FGC) and create positive social change. By working towards an FGC-free world, we aim to recognize and emphasize the values of consent and a child’s/woman’s right over her own body. We aim to enable a culture in which female sexuality is not feared or suppressed but embraced as normal. The Women’s Bar Association of Massachusetts (WBA) has over 1500 members and was founded in Boston, Massachusetts in 1978 with a goal to achieve the full and equal participation of women in the legal profession and in a just society. It is one of the oldest and largest women’s bar associations in the country. photo by Lëa-Kim Châteauneuf
Op-Ed: A Global Platform to End FGM/C
We must accelerate an end to FGM/C. Every 11 seconds a girl somewhere in the world will go through female genital mutilation/cutting (FGM/C.) The procedure is often extremely painful, and carried out with a crude, unsterilized instrument and without anesthesia. Every 11 seconds. FGM/C has no medical benefits, and often has disastrous effects, including a lifetime of psychological trauma, difficulty urinating and menstruating, maternal and child mortality, lack of sexual fulfilment, and sometimes, most tragically, the loss of a girl’s life afterwards. This violation of a girl’s fundamental human rights has no place in the world today. It must stop. Now. Last June at the Women Deliver Conference held in Vancouver, for the first time, global FGM/C activists from Africa to Europe, from Australia to Asia and to North America; women and men, civil society organisations, champions, survivors, and grassroots representatives, all came together to unite voices around a global call to action to end FGM. Together, we are asking, no imploring, the international community to prioritize the ending of FGM/C worldwide, in the same way it responded to other urgent global issues such as HIV/AIDS. It’s estimated that 200 million women alive today are survivors of FGM/C. It is practiced on every continent except Antarctica. There’s no religious requirement for it, and it is practised in Muslim, Christian, Pagan, and even some Jewish communities. There can be little doubt that female genital mutilation/cutting is among the worst human rights violation perpetrated against women and girls in the world today. The practice continues because it is a social norm held in place by the expectations of whole communities–women, men, elders, even politicians. And it continues to be a taboo subject, hidden behind a wall of silence around the world. This too must stop. Next week, at the International Conference on Population and Development (ICPD) in Nairobi, where gender equality and reproductive and sexual rights are high on the list of priorities, there is a tremendous opportunity to shine a giant light on the issue of FGM/C and move it firmly to the top of the agenda where it belongs. Kenya’s President Uhuru Kenyatta, sitting beside Canada’s Prime Minister Justin Trudeau at Women Deliver in Vancouver just a few months ago, courageously committed to ending FGM/C in Kenya by 2022, eight years ahead of the Sustainable Development Goal of 2030. It’s an ambitious promise, a challenging target for sure–but it shows leadership, it shows vision, it shows a commitment to the idea that girls’ human rights must be cherished, must be protected. We hope that other governments around the world will follow and commit resources, improved data and research, laws and policies to protect girls at risk, and support for survivors, so that together we can end FGM/C around the world. The End of FGM/C is not just the end of a violation of girls’ human rights, it is also the start of increased economic development for practicing communities and has the power to be completely gender transformative. It is a proven fact that when girls and women fully participate in the economy of a country, it results in significant economic advancement. And so, we ask the global community at the ICPD to join us, to work together on a multi-pronged approach to end FGM/C by 2030. Whole communities must be mobilized and empowered at the grassroots level. Women and men, girls and boys, health workers, traditional and religious leaders, all have to be empowered to embrace the end of this harmful traditional practice. We have to address the root causes of gender equality at the community level; we have to listen to and support grassroots organizations that are working in this field; we need an integrated, intersectional approach to ending FGM/C, recognizing the connections with other forms of gender-based violence and linking with existing movements. We have to work with governments to respond to the adaptations to this violation of girls’ and women’s human rights, include medicalization, cross-border practices, and lowering the age of mutilation/cutting. Accordingly, we call on all stakeholders to prioritize resources towards grassroots and community led programmes, and to make funding more flexible, sustainable, and accessible. Whatever our religion, our gender, our ethnicity, –the time has come for every one of us and all our governments to deploy every tool at our disposal to end this harmful practice. FGM/C is a human rights emergency that continues to exact untold harm on a daily, hourly basis. Together we can end it. Sign up to the Global Platform for Action to End FGM/C today at www.ActionToEndFGMC.org. This call to action has been endorsed by Amref Health Africa, Coalition on Violence Against Women, End FGM Canada Network, End FGM European Network, Equality Now, Orchid Project, Sahiyo, The Girl Generation, The Inter-African Committee on Traditional Practices, The US End FGM/C Network, There Is No Limit Foundation and Tostan.
PRESS RELEASE: A pioneering Roundtable to Address Female Genital Mutilation/Cutting in Massachusetts
Download press release as PDF PRESS RELEASE: A pioneering Roundtable to Address Female Genital Mutilation/Cutting in Massachusetts Boston, Massachusetts, 14 June 2019 On June 13, 2019, a collective of almost 60 experts from different disciplines and cultural groups took the first steps to create a ‘Massachusetts End FGM/C Network’, to highlight the largely unrecognized global issue of Female Genital Mutilation/Cutting, and to share knowledge and resources to help end the practice. The experts gathered to attend the first of its kind roundtable to address FGM/C in the state of Massachusetts. They included community leaders, civic society organizations, health professionals, state government officials from the Massachusetts Legislature, and the Massachusetts Office of the Child Advocate, and federal government officials from the Department of Justice, and Department of Homeland Security Investigations. The event was organized and led by Sahiyo, a storytelling organization working to support survivors of FGM/C, with support from co-sponsors Muslim American Leadership Alliance (MALA), Tostan, MassNOW, Lesley University, the US End FGM/C Network, and the Women’s Bar Association of Massachusetts. A prevalence study conducted by the Center for Disease Control (CDC) and Prevention reveals that in 2012, over half of a million women and girls in the United States had FGM/C performed on them or were at risk of FGM/C. Massachusetts ranks 12th in the nation for at-risk populations, totalling 14,591, with the largest at-risk metro areas being Boston, Newton, and Cambridge. “I’ve undergone FGM/C and I know FGM/C is a global issue affecting women of all different ethnicities, religions, cultures, socio-economic status, and more,” said Mariya Taher, Sahiyo Cofounder and U.S. Executive Director. We need a global response to ensure future girls do not undergo it. We need to think globally and act locally.” “All are about the cultural control of women’s bodies,” s aid Representative Jay Livingstone in reference to FGM/C. Livingstone is a former prosecutor and co-lead sponsor of the Massachusetts FGM/C criminal bill – H. 3332 who connected the dots between this recent bill to Massachusett’s Equal Pay Act and other pending state legislation, such as The Roe Act. Rep. Livingstone expressed his hope that the FGM/C had bi-partisian support during this legislative session and would pass this session. Dr. Melody Eckhart, an OB/GYN at Massachusetts General Hospital, and Dr. Sondra Crosby, an internist at Boston Medical Center, spoke about their experiences working with patients who have undergone FGM/C and physical complications that can result, including shock, pain, hemorrhage, infection, and anemia. They warned of the long-term consequences of scar tissue and cyst formation impeding proper urination and menstruation, sexual dysfunction, and complicated labor and delivery, as well as fetal demise. They also called on the urgent need for educating health professionals on how to care for survivors — including addressing their psychological and emotional needs. “FGM/C is shrouded in secrecy even in the medical community,” said Dr. Crosby. “Health professionals need training in how to work with women in non-judgemental ways, how to make referrals, and how to treat the medical and psychological consequences of FGM/C, such as post-traumatic stress disorder and depression. Medical personnel need to understand the women’s FGM/C experience before they could diagnose and treat it.” The roundtable was a vital first step to create a multi-disciplinary working group that works to protect all girls in Massachusetts from experiencing this form of gender-based violence. For more information, contact Lara Kingstone at communications@sahiyo.com
Joint Press Release: ENDING FGM/C BY 2030: Uniting forces to make FGM/C a practice of the past
Download Press Release as PDF JOINT PRESS RELEASE: ENDING FGM/C BY 2030: Uniting forces to make FGM/C a practice of the past 2nd June 2019, Vancouver (Canada) 3.9 million girls are at risk of female genital mutilation/cutting (FGM/C) every year. On the 2nd June 2019, for the first time ever, NGOs, grassroots and survivor-led organizations from around the world came together at the Women Deliver conference around a common goal: to end FGM/C by 2030 and to support survivors of the practice. This is our Call to Action. FGM/C is happening on every continent except Antarctica: it is a global issue that needs a global response, which is why we have come together – across Asia, Africa, Europe and North America – to build a unified platform for action. Together, we represent no less than 38 countries from all regions of the world. The time has come to make FGM/C a global priority, in the same way the community responded to urgent global epidemics, such as HIV/AIDs. FGM/C is a violation of the human rights of women and girls and must be ended in all its forms. Whole communities must be mobilised and empowered at the grassroots level if we are to end FGM/C – women and girls, men and boys, traditional and religious leaders, health workers, law and policy makers. During the opening plenary of the Women Deliver conference, His Excellency Uhuru Kenyatta, President of Kenya, committed to end FGM/C in Kenya by 2022. We welcome this and call on all global leaders at the conference, and beyond, to commit to end FGM/C. To put an end to the harmful practice of FGM/C, we will work in partnership with each other, all communities, governments, donors, multilateral bodies and others to end the practice by 2030 in line with the Sustainable Development Goals (SDGs) determined by the UN. Together, we will challenge the social and gender norms by addressing the root causes of gender inequality at the community level, including gender stereotypes, unequal power relations, and negative social norms. Because this is what holds the continuation of FGM/C in place: control of the female body, of women’s sexuality and of their freedom to decide for themselves. We must also acknowledge our current failure in providing adequate support systems for FGM/C survivors. We need to provide security and protection, targeted research and resources to enable health and emotional wellbeing as well as post-trauma support. We also need to better understand and respond effectively to adaptations to the practice which continue to violate women’s rights, such as medicalization, cross-border practices, and lowering the age at which FGM/C is carried out. Investment is needed in increased and better research into what is working, and what is not working, to end FGM/C. Funds should be more flexible, sustainable and accessible for communities. We need an integrated, intersectional approach to ending FGM/C, recognising the connections with other forms of gender-based violence and linking with existing movements. We are focused on coming together and working collaboratively to address what existing gaps there are, making sure that FGM/C is a practice of the past. Signatories: Amref Health Africa COVAW End FGM Canada Network End FGM European Network Equality Now Orchid Project Sahiyo The Girl Generation There Is No Limit Foundation The Inter-African Committee on Traditional Practices Tostan US End FGM/C Network What is FGM/C? It is estimated that 3.9 million girls and women underwent the practice of female genital mutilation/cutting (FGM/C) in 2015 alone (source: UNFPA). FGM/C comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. FGM/C is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person’s rights to health, security and physical integrity, the right to be free from torture and cruelty, inhuman or degrading treatment, and the right to life when the procedure results in death. Further Women Deliver blog posts: Multiple events on FGC hosted at Women Deliver in Vancouver Global Call to Action From “Uniting forces to make female genital mutilation/cutting a practice of the past: A gathering for global civil society actors”
31 US States Now Have Laws Against Female Genital Cutting, But Government Will Not Appeal in the Federal Michigan Case
On April 10, the U.S. Department of Justice decided not to appeal the November 2018 judgement by a US District Court which ruled that the federal law banning Female Genital Cutting is unconstitutional. The District Court had stated that FGC is a “local criminal activity” to be handled at the state level and that Congress did not have the authority to enact the federal law under the commerce clause. While the Department of Justice cites such technicalities as the reason behind its decision not to appeal the District Court’s ruling, it has also urged Congress to address the flaws and problems with the federal law against FGC so that it can be strengthened. The District Court’s ruling in November came in the case of Dr. Jumana Nagarwala and others, who were charged with performing/aiding female genital cutting in Detroit, Michigan, on nine minor girls. In positive news, however, 31 out of 50 states in the USA now have laws banning Female Genital Cutting after Idaho, Arkansas, and Utah passed laws to that effect in the past few months. The Idaho legislature passed a bill outlawing FGC on March 20, and the law will be effective from July. Utah state legislators unanimously passed a bill against FGC a week earlier, on March 14. Meanwhile, the law in Arkansas, passed in February, not only criminalises FGC but also provides for introducing awareness programmes about FGC.18 states in the US have yet to pass their own laws banning genital cutting for girls and women, which is now vital since the District Court has ruled that FGC is a state-level crime. Meanwhile, in India, a group of grassroots Muslim women’s organisations in India released a manifesto on March 28 for political parties to take up ahead of the 2019 national Parliamentary election in April and May. The manifesto includes the demand for a special law to ban female genital cutting in India. The Indian Supreme Court is currently hearing a set of petitions demanding a law against FGC, as well as a counter-petition defending FGC on the grounds of the constitutionally-guaranteed right to religious freedom. The liberal Muslim women’s groups that released their “women’s manifesto” hope that India’s leading political parties will commit to ending FGC in their own official election manifestos.
Five things you need to know about the controversial court ruling on FGM/C in USA: Sahiyo explains
by Sahiyo On November 20, 2018, United States District Judge Bernard Friedman ruled that the US Federal Law banning Female Genital Cutting (FGC, also known as Female Genital Mutilation or FGM) is unconstitutional. With this ruling, the judge dismissed key charges of FGM against two Michigan doctors and six other people accused of practicing genital cutting on several minor girls. However, in the same ruling, Judge Friedman acknowledged that the practice of cutting a female’s genitalia is “despicable”. The ruling came as a shock to survivors of FGC and human rights activists advocating to end FGC, not just in the USA but all over the world. But there is more to this complex and controversial court ruling than the news headlines suggest. In order to better understand the ruling and its implications for communities that practice FGC, read Sahiyo’s comprehensive explainer below: What is the US District Judge’s ruling on Female Genital Cutting all about? In April 2017, the US federal government prosecuted Dr. Jumana Nagarwala, Dr. Fakhruddin Attar and his wife Farida Attar — all members of Michigan’s Farmington Hills Dawoodi Bohra mosque — for subjecting two minor girls from Minnesota to FGC. Subsequently, five other women from the Dawoodi Bohra community were prosecuted for performing FGC on at least nine girls in the Michigan area. This historic case was the first time that anyone had been charged under the US federal law prohibiting FGC — a law that had been introduced by the federal government back in 1996. To understand the US District Court’s ruling in this case on November 20, it is important to understand the federal nature of the US government and its criminal justice system. Under federalism, some laws can be passed by Congress — the federal or central government — and are applicable to all states in the country. Some other laws can only come under the jurisdiction of individual state governments, and cannot apply to the whole country. In his ruling in the FGC case, Judge Friedman of the federal-level district court stated that “as despicable as this practice may be”, FGC is technically a “local criminal activity”, and Congress (the federal government) does not have jurisdictional authority to regulate it. Even though the federal law against FGC has been in place since 1996, he stated that it is “unconstitutional.” Why is this ruling controversial? The district judge states that the crime of FGC should be regulated by individual states. But the US does not actually have laws against FGC in every single state. At the moment, only 27 out of 50 US states have a state law banning FGC. There is currently 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 state law. Judge Friedman’s ruling declares the federal law against FGC to be unconstitutional based on a technicality. However, the ruling is controversial on at least two fronts. First, prosecutors and other human rights advocates argue that FGC cannot be considered just a local criminal activity, because it often involves transporting minors across state borders to get their genitals cut by doctors who are paid to perform the ritual. In this case, for instance, two minor girls were transported from Minnesota to Michigan to get FGC done by Dr Nagarwala. Therefore, the federal law banning FGC — which Congress had passed in 1996 under the “Commerce Clause” — should be applicable in this case. Judge Friedman’s ruling does not consider this aspect. Second, this ruling is insensitive to survivors of FGC and sends out a dangerous message to women from FGC-practicing communities: that their lives and bodies can be put at risk on the grounds of questionable technicalities. Does this ruling put more girls at risk of being cut? For the time being, yes: this ruling can put girls at risk of being but. The Centers for Disease Control and Prevention has estimated that 513,000 women and girls have experienced or are at risk of FGC in the United States. And this figure is an underestimation. Many women and girls at risk live in one of the 23 States which have not passed laws against FGC. Since the ruling puts the onus of regulating FGC only to individual states, many of these girls are at risk of being transported from states that have laws banning FGC to states that currently do not have laws banning FGC, so that they can be cut with impunity. Only 11 of the 27 States with anti-FGC laws have specific provisions banning the transportation of a child out of the State to perform FGC. Since the US is a strong country with a high degree of influence on global cultures, this ruling also ends up unintentionally condoning genital cutting for FGC-practicing communities all over the world. We are already seeing this in the global Dawoodi Bohra community, where supporters of Female Genital Cutting have taken to social media to celebrate their “victory” in the US FGC case, and to claim that they will continue cutting girls. Is this the end of the case, or can the ruling be appealed? This District Court ruling is not the end of the case. This is a lower court decision which can and almost certainly will be appealed by prosecutors from the US Government, and it is possible that over time, this case will be taken to the Supreme Court. Additionally, two charges remain against Dr Nagarwala, including conspiracy to travel with intent to engage in illicit sexual conduct, and obstruction of justice. Her trial is set to begin in April 2019. What is the way forward now, for those of us working to end FGC? Laws are an important deterrent against FGC, and help to reinforce the fact that cutting female genitals is a human rights violation. In light of Judge Friedman’s ruling, activists and communities in the
Female Genital Cutting charges dismissed but our work continues: Global reactions to Michigan case news
By Sahiyo On November 20, U.S. District Judge Bernard Friedman dismissed the female genital cutting charges in the historic Michigan case involving girls from the Dawoodi Bohra sect, emphasizing that FGC should be regulated by states as a “local criminal activity.” Congress enacted the 22-year-old federal law banning FGC in 1996 — the law Judge Friedman has declared unconstitutional. Charges were dropped against two Michigan doctors, Dr. Jumana Nagarwala and Dr. Fakhuruddin Attar, and six others accused of subjecting at least nine minor girls to FGC. However, Dr. Nagarwala, Dr. Attar and his wife, Farida, and a mother remain charged with conspiracy to obstruct an official proceeding. Dr. Nagarwala is also charged with conspiracy to travel with intent to engage in illicit sexual conduct. In light of these developments, we would like to share the responses of many Bohras and other activists working to end FGC. “What is so disappointing to me is that justice will be delayed in this case. There is a growing, global movement against khafz/FGC and we need positive judgments to send a strong message to our community that this practice is harmful and illegal. We must protect future generations of Bohra girls.”~ Farzana Doctor, Canada “By declaring the federal ban on FGM/C unconstitutional, Judge Friedman opens the door for parents to do exactly what was done in this case — take their daughters from states that ban FGM/C to states that don’t so they can be cut.”~ Umme Kulsoom Arif, USA “The ruling on the jurisdiction of this case is giving some folks a perceived green light to proudly say that khatna/khafz/FGM/C is not illegal in the US after being afraid to say it out loud after Nagarwala was arrested. But people should understand that there are many state laws still in place (including in Michigan now) and the judge said that FGM/C is a ‘criminal activity’ so parents beware. This does not give you permission to cut your daughters. It will be a regrettable time in history if there is an uptick in the practice of FGM/C in the US because of this technicality in the jurisdiction of this case.”~ Zehra Patwa, United States “Shameful really! While 30 other countries have made FGM illegal, US, the supposed defender of human rights, has just shown the world what American justice is…women’s rights are not just not important for the federal court.”~ Saleha, Canada “Shocking judgment. But at the same time judgment gave us more spirit to work hard and achieve the desired goal to end FGC. To bring social change takes time but nothing is impossible. I’m sure through our collective efforts we will achieve our goal one day.”~ Chandni Shiyal, India “While on our climb towards the summit, we are going to face slips and stumbles but the climb must go on…..this judgement though disappointing is a mere stumble or slip….”~ Fakhera, India “This judgment is clearly based on a technicality of the federal versus the state jurisdiction. Irrespective, FGC still continues to be a violent act against 7-year old girls. Are we disappointed to hear this decision? Most certainly. However, it’s only a matter of time until people open their eyes and see the truth. Tradition without any logic can only hold its ground so long. Sati used to be tradition too, in this very land. Look where we are now.”~ Alifya Thingna, India “One of the most disheartening outcomes of this case is the lack of outrage among our elected officials. Two, recently elected, Muslim women representatives from Michigan and Minnesota (the two states involved) have failed to use their platforms to proactively address this issue. FGM is an issue that affects the safety of women and girls, and constituents in their communities. This decision (and the lack of public outrage) sends a signal to communities who practice FGM that there will be no accountability.”~ Maryum Saifee, United States “It’s a sad day for silent seven-year-old girls when there is no clear US law to protect what is truly theirs!”~ Rashida Rangwala, United States “I am so disheartened by this decision! It’s actually shocking. I thought at least USA law would give justice to innocent girls.”~ Alifya Sulemanji, United States “No little girl in this world should have to go through the trauma of female genital cutting. Cultures should not be empowered to take away the human rights of their members.”~ Renee Bergstrom, United States “I feel angry and deeply disappointed. This isn’t over but it’s incredibly discouraging to see our legal system disrespect and let down girls and women being violated in this country.”~ Lara Kingstone, United States “यह केस 23 US राज्यो में FGM कानून के अभाव में जीता गया है। यह एक ही टेक्निकल ग्राउंड है। अब यह केस अमेरिकन सुप्रीम कोर्ट में जाएगा। UN कानून के तहत अमेरिका बाध्य है। अब वहां सुप्रीम के आदेश पर फेडरल कानून बन सकता है। कोई भी संघर्स लंबा समय मांगता है कभी जीत कभी हार होती है। हरेक निष्फलता अगली सफलता का बेज़ (फाउंडेशन) बनता है। भारत के कोई राज्य में ऐसा FGM कानून नही है। मगर हम भी UN के सदश्य है। भारत मे भी ऐसा कानून आज नही तो कल बनेगा।”~ Ibrahim Patel, India “There are many practices which have been blindly followed from decades. Some of them have been changed, modified or amended in the course of time, with the advancement of research and scientific development. We are just trying to tell the world the actual fact that women undergo suffering with no fault of their own because of FGC.”~ Insiya Ganjifrockwala, India “Regardless of the impending appeal, this decision may inevitably embolden many to continue cutting girls. We should take this opportunity to continue to pressure our leaders to stand against FGC as a human rights violation, to bring awareness to the issue, and to protect our girls.”~ Jenny Cordle, United States “I would call this verdict as a legislative failure as no justice has been given to the child, and this gives a loophole
U.S. Court’s dismissal of FGM/C charge in Michigan case is disappointing, but does not condone genital cutting
By Mariya TaherCo-founder, Sahiyo I was sitting in my office, reading a blog post submitted to Sahiyo by a woman doing research on Female Genital Cutting in India, when I received a phone call. I answered it, not thinking twice, not knowing that what I was to hear next would leave me dumbstruck. The call was from a news reporter, who wanted my reactions to the latest news about the United States’ first legal case on Female Genital Cutting (FGC) — the Michigan case involving two doctors and six others brought up on federal charges of performing FGC on nine minor girls in the U.S. I hadn’t heard of the latest news yet. And then, the reporter dropped a bombshell. It turns out, a U.S. District Judge has dismissed the FGC charges in the case and declared the federal legislation banning and criminalizing Female Genital Cutting in the U.S since 1997 as unconstitutional! My immediate reaction was, “That’s crazy.” Then my mind shifted to what had happened to me on October 19th, at the inaugural screening of Sahiyo Stories, a collection of digital stories created by U.S. women who have undergone FGC or who have loved ones who have undergone it. After those videos were shown at the screening, a couple walked in, joined the audience, and began to counter the stories of the survivors. They stated that FGC was harmless, that the survivors sharing their stories must only be trying to get attention. I worry that because of what this U.S. District Judge has ruled, what happened at that screening of Sahiyo Stories, might become all too common when survivors share their FGC stories in the hope of preventing harm to future generations of girls. As stated in the Detroit Free Press by Tresa Baldas: [blockquote]The U.S. District Judge concluded that “as despicable as this practice may be,” Congress did not have the authority to pass the 22-year-old federal law that criminalizes female genital mutilation, and that FGM is for the states to regulate. FGM is banned worldwide and has been outlawed in more than 30 countries, though the U.S. statute had never been tested before this case.[/blockquote] There is no doubt that the decision will be appealed by the government, but this response worries me because without the law, what can we point to, when parents and families are trying to do the right thing and not succumb to the community pressure they face in having their daughter undergo FGC? And at Sahiyo, we do hear from these parents. We hear from parents who tell us they have spared their daughters as well as parents who regret not doing more to protect their daughters, but felt pressured by the community, by members of their families, believing that they had to get it done. That social pressure is real and threatening and at Sahiyo we understand the fear of being ostracised from your family or your community for speaking against what others believe is a religious necessity. This decision also concerns me because it will be used by proponents of FGC to further suggest that they are justified in pursuing FGC because FGC has been proven harmless. Even though, the fact remains, that this is not at all what the Judge has said in his decision to rule the FGC federal law unconstitutional. To the contrary, the decision made by the Judge clearly recognizes that FGC is a terrible crime. What the Judge has stated is the following: [blockquote]“As laudable as the prohibition of a particular type of abuse of girls may be … federalism concerns deprive Congress of the power to enact this statute,” Friedman wrote in his 28-page opinion, noting: “Congress overstepped its bounds by legislating to prohibit FGM … FGM is a ‘local criminal activity’ which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress.”[/blockquote] The Judge has ruled that the issue of FGC falls under state law jurisdiction (intrastate) versus federal (interstate). In other words, the judge’s ruling opens up a jurisdiction question and NOT a question on whether FGC is harmful or not. If “local criminal activity” must be regulated by the state, then it goes to show just how vital it will be for all states in the U.S. to pass laws banning FGC. Currently, only 27 states in the U.S. have such laws. Massachusetts, the state I live in, does not. (See petition ‘Ban FGM/C in MA’). Even when laws are passed, I believe that it will be important to remember that FGC will most likely still continue just as other forms of gender-based violence such as domestic violence and sexual assault unfortunately continue despite the presence of laws against them. FGC also continues because as a social norm entrenched in the culture, this harmful practice has been touted as a religious or cultural practice that is needed to control women’s sexuality. This reality points to the importance of education and community engagement to help create social change within communities and amongst groups where FGC might be happening. To that end, Sahiyo will continue to organize and participate in community events to educate our friends, family and community about the harms of FGC and why it should be abandoned. Learn more about FGC in the U.S. Read more at Judge dismisses female genital mutilation charges in historic case Watch U.S. women share their FGC stories – http://bit.ly/SahiyoStoriesVids Read the U.S. End FGM/C Network Statement on Judge’s Decision in Michigan Case Amicus Brief for Dr. Nargawala hearing 6 November 2018 submitted by Equality Now, WeSpeakOut, Sahiyo, And Safe Hands For Girls In Support Of The United States If you would like to write about your views on the Judge’s ruling or the Michigan case in general, send a write-up to info@sahiyo.com.
Khatna and the law, Part 1: Legislative Framework on Female Genital Cutting in Egypt
By Bhavya Singh Since the recognition of the presence of Female Genital Cutting (FGC) in parts of Asia, Africa and the Middle East, efforts have been made to eliminate it in these areas. At the international level, elimination of Female Genital Mutilation is a part of Sustainable Development Goal number five, which seeks to achieve gender equality. Organisations like WHO, UNICEF and UNFPA have worked for greater involvement of the international community to advocate against FGC. These efforts include creation or reformation of laws at the national level to counteract the issue. Legislation at the national level, however can be a complex issue as this practice is very deeply entrenched in the social fabric of the communities in which it occurs. Countries which have criminalised FGC continue to face problems, as punishment alone is not enough of a deterrent in a community where FGC is connected to tradition. In other countries, the implementation of the law has not been successful and has not seen prosecutions occuring. Communities themselves have resisted the effort to ban the practice, often arguing with officials who arrest those involved with carrying FGC out. According to the UN, FGC has reduced by 24% since 2001, however, at the same time if FGM continues at the same pace it currently occurs, around 68 million girls around the world will be affected by it by 2030. Thus legislative efforts have not been effective deterrents in most countries. To further understand the legislative framework regarding the issue, this blog series will explore the laws in place in countries affected by FGC in Africa, Asia and the Middle East. In Africa, FGC is criminalised in 18 of the 28 countries it is reportedly practiced in. Criminalisation is only the first step in ending the problem. This fact is illustrated by the situation in Egypt where a law prohibiting FGC has been in place since 2008, but only two cases regarding FGC related deaths have been reported in the years following. According to 28 Too Many the law in Egypt is mentioned in Article 242-bis and Article 242-bis(A) of Law No. 58 of 1937 promulgating the Penal Code. The penalties for violation of the law include: Article 242-bis – the performance of FGC is punishable with imprisonment for between five and seven years. Article 242-bis – where the performance of FGC results in permanent disability or death, the punishment is increased to ‘aggravated’ imprisonment for between three and fifteen years. Article 242-bis(A) – anyone who requests FGC is punishable with imprisonment from one to three years if the mutilation is carried out. In 2016, an amendment upgraded the performance of FGC from misdemeanour to felony. Where a charge of misdemeanour earlier meant a penalty ranging from three months to five years, it now ranges from five to seven years. The provisions of the previous law had gaping holes, including exempting genital injuries with sufficient medical justification. As a result, FGC moved from hidden corners into medical hands. According to 28 Too Many, 78.4% of incidences of FGC are done my health professionals. The widely covered death of Soheir al-Batea brought this issue to light. A thirteen-year-old, she died at the hands of Dr. Raslan Fadl who performed the procedure. What is surprising here is the fact that despite existence of the law against FGC since 2008, Dr. Fadl is the only health professional to have been implicated for the crime. (See ‘A Small Nick or Cut, they say…’ by Priya Goswami) This, more than anything, makes it clear that the existence of law is not enough to end FGC. The need to conform to societal norms is so strong that people are ready to break the law for its sake. Also, in many communities, honour and pride are strongly associated with notions of women’s purity. Female circumcision, which it is often also referred to, is falsely propagated as a marker of purity, which makes FGC difficult to erase, as people value honour over a women’s safety, comfort or hygiene. Another reason why change is challenging is because the harbingers of change are often considered ‘outsiders’ instead of part of the community. The attempt at reform by these ‘outsiders’ is often viewed as propaganda against the community rather than upliftment of the community and concern for its community’s wellbeing. What will help is the inversion of societal notions. If FGC is seen as honourable, people should be made to see the reasons why it is quite the opposite, so it can be dissociated from honour. If FGC is seen to be a requirement for marriage, it needs to be seen as a deterrent instead. If FGC is seen as religiously sanctioned, people need to be made aware how it is not. The long-term solution involves changing the mindset such that FGC is recognised as harmful.. As seen in this blog’s case scenario, penalising an act that much of a society does not think a criminal offense in itself will not lead to the desired solution. About Bhavya Singh: Bhavya is 19 year old law student who has a deep interest in human rights and political theory. She is the happiest when extremely busy and wants to use her law degree to help as many people as she can. Always willing to talk about fashion and sitcoms, her other two passions, and she is hungry for new experiences and challenges to be thrown at her.