Egypt is considering tougher sentences and stiffer fines for doctors and parents who perform female genital mutilation on their daughters. But will that change anything?

This past month, a doctor who is both a member of the Egyptian parliament and a member of its health committee stated that, “leaving women uncircumcised is unhealthy”.

These shocking words came during discussions of the female genital mutilation (FGM) law amendments presented by the National Council for Population (NPC) to the People’s Assembly—the lower house of Egypt’s parliament. The suggested amendments include increasing the imprisonment sentences and fines—under Article 246 of the Egyptian Penal Code, FGM is punishable with a minimum of three months to a maximum of two years in prison, and a maximum fine of LE 5,000. The NPC proposal came as a reaction to the recent death of a young girl, Mayar Mohamed Mousa, while undergoing FGM by a medical doctor at one of the hospitals in the Al-Suez governorate. The tragedy received widespread national and international media attention, but this is not the first time a young girl has bled to death as a consequence of FGM. In June 2013, a 13-year-old girl, Soheir El Bataa, died while undergoing circumcision also performed by a medical doctor in a private clinic. In a country where more than 65% of the girls between the ages of 15-17 are circumcised, countless girls have either died or have suffered from permanent disabilities as result of performing FGM. But because families do not usually report these cases, statistics are hard to verify and perpetrators are not punished.

In a country where more than 65% of the girls between the ages of 15-17 are circumcised, countless girls have either died or have suffered from permanent disabilities as result of performing FGM. But because families do not usually report these cases, statistics are hard to verify and perpetrators are not punished.

The original 2008 law and ministerial decree on FGM were issued in response to the death of Bodor Ahmed Shake’r, from Minya governorate, who died after undergoing FGM in a private clinic in June 2007. The state’s inability or unwillingness to uphold the law is reflected in the fact that only one case has been pursued since the 2008 law came into place. Raslan Fadl, the medical doctor who performed FGM on Soheir El Bataa, is the only doctor who has been prosecuted so far. The first court in Daqahlia acquitted both the doctor and the victim’s father of involuntary manslaughter, which sparked an international outrage and pushed the state to appeal. After the appeal, Fadl was sentenced to two years in jail for involuntary manslaughter, and issued an additional three-month sentence for illegally performing FGM. He was also fined LE 500.

Despite the overall failure of the state to enforce the current FGM laws and persecute perpetrators of FGM, NPC’s proposed amendments include increasing the punishment of performing, or assisting in performing, FGM to a minimum of 2 years in prison and a maximum 3 years, with a minimum fine of 10,000 LE and a maximum of 50,000 LE. The amendments also include more serious penalties (minimum of 3 years and maximum of 15 years) in cases of permanent disability and 25 years in case of death.
 

A Tadwein cartoon portrays a young girl running from doctors performing FGM as she states, "I did not forget." Courtesy: Tadwein
 

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However, these proposed harsher sentences likely will not help in prosecuting more medical personnel, or in deterring parents from circumcising their daughters. Instead, the stricter measures will probably lead more often to FGM being performed “underground”. Furthermore, the amendments aim to penalize the parents of circumcised girls, which will probably discourage people from reporting incidents of FGM.

The work on FGM needs to be situated within a wider framework of rights.So far, the state has not only failed to properly create and utilize measurement to legally enforce the FGM law, but it has failed to create a wide societal debate on FGM that discusses social, cultural, and sexual perspectives. The state’s campaigns have mainly addressed FGM from either a religious or medical perspective, as a way to deliver conservative and non-confrontational discourse on FGM. In Egypt, FGM is widely practiced to control women’s sexual desire and protect what is known as her “honor”, but the state institutions working on FGM shy away from addressing issues like sexual pleasure or promiscuity and its linkages to men’s “honor” and masculinity. The work on FGM needs to be situated within a wider framework of rights and the practice understood  as a violation of  women’s sexual rights. We must challenge FGM by asserting a woman’s right to a healthy sexual life and of control over her own body.

Using health and religion as the main pillars against FGM in Egypt takes away women and young girls’ agency to create change. The recent TV interview with Egyptian parliamentarian Ahmed Al-Tahawy, is a clear example: he stated that the government needs “to have a specialist doctor and religious leaders to tell us whether or not to continue with FGM”. He seems to have forgotten that Egypt has signed several international treaties condemning the practice of FGM, issued a law banning the practice in Egypt, and has recently released a national anti-FGM strategy where the state commit itself to 10% drop in 5 years.

The state’s unsuccessful attempts in shaping a convincing and consistent anti-FGM discourse have massively contributed to the inability of the state to stop or even tangibly decrease FGM.

The state’s unsuccessful attempts in shaping a convincing and consistent anti-FGM discourse have massively contributed to the inability of the state to stop or even tangibly decrease FGM. Current statistics show that 92% of ever-married women between the ages of 14-49 years have undergone FGM. Between 1994-2014, there was only a drop of less than 5% in the overall prevalence rate of ever-married women. In addition, according to 58% of Egyptian women and 50% of Egyptian men support the continuation of the practice, (EDHS 2014). Perhaps even more alarming, according to the recent Survey of Young People in Egypt (SYPE), 70.7% of young females and 68.6% of young males surveyed intended to circumcise their future daughter(s). The majority of the girls in Egypt (75%) are circumcised between 9-12 years old, with 14% having the procedure before the age of seven. More than 70% of cases are performed by medical personnel.

The NPC needs to reconsider amendments that threaten parents with imprisonment, as this will force people to be secretive about FGM in fear of prosecution. Instead, the Egyptian state needs to develop a strong and consistent anti-FGM discourse and create a societal debate around it, where FGM is widely addressed from a rights perspective. The anti-FGM programmes implemented by the state should adopt a bottom-up approach in its design and implementation by involving more youth and local NGOs. Finally, employing a wide discussion on sexuality in relationship to FGM will have a major impact on the discontinuation of the practice.

(Amel Fahmy is the managing director of Tadwein Gender Research Center in Egypt www.tadwein.com  and co-founder of HarassMap. She has worked on gender-base violence with the World Health Organization and the United Nations Population Fund).

This story was first published on openDemocracy.

The post Will Tougher Sentences Prevent Female Genital Mutilation in Egypt? appeared first on SabrangIndia.

Following the conviction of a Bohra priest and two others in Australia for ‘circumcision’ of two minor girls, the clerics of the Australian jamaat promptly issued a firman last month prohibiting the abhorrent practice. The jamaat in UK was quick to follow suit. The community members are now wondering how what is prohibited in Australia and UK can continue to be obligatory for Bohras elsewhere.

Meanwhile, the ban in two countries has energised the campaign for an end to Female Genital Mutilation (FGM). Giving impetus to the campaign to end the practice of ‘female genital cutting’, is the platform, www.sahiyo.com, started by a group of 5 women over a year ago. Perhaps for the first time, as part of International Women’s Day celebrations, Bohri women joined demonstrated alongside other women, Muslim and Hindu, in Mumbai, to voice their demand.

 Is the community’s head priest listening?

We reproduce below the disturbing narratives of two Bohri women who had to undergo ‘khatna’ (circumcision) in their childhood, followed by an account by Sahiyo activist, Aarefa Johari of her engagement with fellow Bohris as part of Sahiyo’s ‘Each One Reach One’ campaign.   

‘If Allah has sent us whole, why should we cut for the sake of God?’

Saleha Paatwala, Noida, India, Age 23

I was 7 years of age when one day my grandma took me to an unfamiliar place. I was informed that it would be a huge gathering and children like me would come as well. We came to the second floor where we were advised to sit by a woman as old as my grandma. It didn’t appear to be exceptionally happening, and out of sheer interest I asked her why we were there – to which she just grinned and said that everybody was en route. What happened next will continue to haunt me until the end of time.

After an hour, one more woman came in and asked us to follow her. It was a miserable room on the terrace, small and messy. My grandma and I sat on the little bed. The woman took out some cotton, blade and some harsh fabric and I just couldn’t comprehend what was occurring. She asked me to lie down, but I was very young and could never have imagined anything terrible could happen. I just couldn’t understand what was happening. I believed my grandma and sat down when she insisted. The other woman now began removing my underwear.

This sickened the hellfire out of me. I began fighting back, at which every one of the women, including my grandma, held my hands and feet tight so that I could not move. I was yelling as loud as possible, but no one was listening. After she had successfully taken off my underwear, the second woman spread my legs, grabbed the blade and cut something between my legs. The pain was anguishing and intolerable and it gave me an injury. She then put some cotton on that part and put my clothing back on. My grandma and two other women began giggling and saying, “Mubarak ho, iska khatna ho gaya hai.” (Congratulations, she has been circumcised).

All these years, I never had the boldness to open up and discuss this. My grandma told me that ladies get to be devout after completing khatna, and I accepted that. Then one day, we were shown a film on Female Genital Mutilation (FGM) at my college.

At that age, who has ever considered going through such an agony in the most intimate area that no youngster would even like anybody to see or touch? I didn’t really see the amount of blood that had gushed out because I had no courage to. Only after I reached home and went to pee, I saw the cotton and figured it out. I couldn’t urinate properly for three days as it tormented me that much.

All these years, I never had the boldness to open up and discuss this. My grandma told me that ladies get to be devout after completing khatna, and I accepted that. Then one day, we were shown a film on Female Genital Mutilation (FGM) at my college. It gave me goose bumps and took me all the way back to my childhood when I had been through this assault. In that film, my own community members were spreading awareness and battling this practice. It made me realise, unmistakably, that what happened wasn’t beneficial for me, wasn’t useful for anyone. That little film gave me so much courage that I can now share my dim story with everybody, even though it is still a taboo.

There is no religious aspect to this ritual. It is only a practice, a hazardous and destructive custom which is being perpetuated by individuals. It wasn’t just a little piece. It was a piece of me, my private area that no one has a right to touch without my consent. If Allah has sent us whole, why should we cut for the sake of god, to make a lady pious?

'Last generation to lose a Pinch of Our Skin'

Mariya Ali, London, UK

I was born and raised in London, England and have been a lifelong member of the London Jamaat. Although FGM has been illegal in the United Kingdom since 1985, myself and many other girls have been subjected to this barbaric ritual, despite it being outlawed.

After the Australian court case and subsequent convictions for circumcising two minor girls, the Sydney Jamaat issued a notice urging followers not to circumcise their daughters in Australia or abroad. On February 15^th (2016), the London Jamaat followed suit and issued a similar notice.

The letter, similar in wording to the one that was issued by the Sydney Jamaat, points out that Islam mandates that its followers be loyal, contributing citizens who abide by the law of the land in which they reside.

Despite the UK law explicitly stating that it is illegal to take a UK citizen outside of the UK for the purpose of circumcision, I know of many minors who were circumcised while abroad. It is important to note that this has also been addressed by the letter issued by the London Jamaat. It states that “You must not take your children outside UK for purpose of khafd [FMG] as that is equally prohibited by law”.

As a woman who has undergone this barbaric ritual, and on behalf of all of the other women who have suffered, do suffer and continue to suffer, I hope that this is the first of many Jamaats to follow suit and finally stamp out this practice.

The London Jamaat is the first Jamaat after Sydney to publicly discourage followers from performing this procedure on girls. Although this is a huge step in the right direction, the notice that was issued does not condemn the practice itself, but rather it discourages followers from breaking the law.

As a woman who has undergone this barbaric ritual, and on behalf of all of the other women who have suffered, do suffer and continue to suffer, I hope that this is the first of many Jamaats to follow suit and finally stamp out this practice. I thank the decision makers of the London Jamaat for taking this step and I sincerely hope that my generation is the last generation to lose a pinch of our skin.

‘The Bohra community desperately needs a women’s movement’

Aarefa Johari, Mumbai

I have been speaking to Bohra family and friends about khatna for a few years now, but in the past 18 days, having khatna conversations as part of the Each One Reach One campaign has been a very different, heart-warming, emotional experience. Initially, when I approached Bohra relatives, the response was unenthusiastic – I was mostly just ignored. Then the Sydney Bohra jamaat decided to issue a landmark notice asking Australian Bohras to obey the nation’s laws and stop practicing khatna. This proved to be the trigger that dozens of Bohras needed to respond to khatna conversations, and suddenly, a number of cousins and friends reached out to me themselves, offering words of support.

My mother was reaching out too, by sending news articles about khatna and the Sydney jamaat decision to her own Bohra circles. Responses have been varied – some believe that the issue is insignificant, some see it as a religious tradition that must be followed, some asked questions to know more about the impact of the practice. A Bohra father told me he would never let khatna happen to his daughter.

The 'Each One Reach One' campaign has also given me an opportunity to bond with relatives I barely spoke to before – I found myself having long conversations about traditions, religion, society and patriarchy with cousins who I have not even met yet. And I discovered that there are many others who share my views and care about critically evaluating the world.

The question of khatna is essentially a question of women’s rights within religion, and it has been particularly heart-warming to see that many of those who had conversations about khatna also spoke to me about iddat – the practice of making widows mourn in isolation, dressed in white and cut off from male company for more than four months.

The question of khatna is essentially a question of women’s rights within religion, and it has been particularly heart-warming to see that many of those who had conversations about khatna also spoke to me about iddat – the practice of making widows mourn in isolation, dressed in white and cut off from male company for more than four months.

This has been the most rewarding part of the ‘Each One Reach One’ campaign. The Bohra community, like most other religious groups, desperately needs a woman’s movement. And thanks to these conversations, a debate has been triggered somewhere in minds that had so far not even given a thought to these issues.

The above content has been republished with permission from Sahiyo.
 

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