Johannesburg Model United Nations 2016 GA 3. Issue: Eliminating female genital mutilation as a cultural practice in the Middle East and Africa

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1 JOMUN XIV Forum: GA3 Issue: Eliminating female genital mutilation as a cultural practice in the Middle East and Africa Student Officer: Eline Stapel Position: Deputy Chair BRIEF OVERVIEW OF THE ISSUE Female Genital Mutilation is a procedure in which external female genitalia is to a small or large extent removed for non medical reasons. FGM is most commonly practiced in northern and central Africa, in the southern Sahara, and in the Middle East and Asia. It is a cultural, and/or societal practice depending on the wealth, education of the family, area/community in which the girls or women live, and the ethnic group. There is a law against FGM in 26 countries in Africa and the Middle East. Another 33 countries have migrant populations from FGM practicing countries. It is important to note, however, that FGM is not often reported, and is still prevalent despite its illegality in many countries. Also, statistics on the prevalence of FGM are not 100% accurate due to the fact that it is not always reported to officials, and happens often in secret in private homes and communities. DEFINITION OF KEY TERMS Female Genital Mutilation (FGM): All procedures that involve the removal of the external female genitalia, partially or completely. It also includes any other non medically inflicted injury to the female genital organs. (WHO). Female Genital Cutting/Female Circumcision General terms for FGM. FGM, however, is the UN term for the procedure. Clitoris A female sexual organ that is small, sensitive, and located on the outside of the body in front of the opening of the vagina (merriam webster). Research Report Page 1 of 15

2 Labia minora The inner folds of skin of the external female genitalia (dictionary.com). Labia majora The outer folds of skin of the external female genitalia (dictionary.com). BACKGROUND ON THE ISSUE According to the Universal Declaration of Human Rights, FGM is a violation of human rights as it falls under Article 3 which states that Everyone has the right to life, liberty and security of person, under Article 5 which states No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. It can further fall under Article 7, Article 8, Article 12, and Article 28. During the International Conference on Human Rights on April 2013, Banki Moon, the United Nations Secretary General, stated that [he respects] culture, tradition and religion, but they can never justify the denial of basic rights. He stated that some people may invoke culture, tradition or religion to defend the status quo, [yet such arguments cannot] justify slavery, child marriage, rape in marriage and female genital mutilation. The various reasons why FGM is done include: pressure from one s community, ensuring a woman remains a virgin until marriage, hygiene (some communities believe that the clitoris, the labia or both are unclean), a country s/community s ritual to becoming a woman, a necessity for a woman to be suitable for marriage, belief that FGM increases sexual pleasure for the man, and religious duty (although no religious texts require FGM). Types of FGM and medical problems: There are four harmful different types of FGM, type 1 and 2 being the most common. These are: Type 1: clitoridectomy: partial or total removal of the clitoris, and in rare cases the prepuce. Type 2: excision: partial or total removal of the clitoris, the labia minor, and sometimes the labia majora. Type 3: infibulation: The cutting and repositioning of the labia minor, or labia majora, to narrow the vaginal opening through the creation of a covering seal. This is sometimes done through stitching, and includes or does not include the removal of the clitoris. Research Report Page 2 of 15

3 Type 4: All other harmful procedures to the female genitalia for non medical purposes. This includes pricking, piercing, incising, scraping, and cauterizing the genital area. Basic diagram showing parts of the female genitalia, and the types of FGM: FGM immediate medical problems include: Severe pain, serious bleeding, infection of the wound, trauma, problems going to the bathroom (burning and pain), tetanus and other infectious diseases (e.g. HIV from unsterilized cutting tools), and possibly death (although researchers are unclear). FGM long term medical problems include: Infections (genital abscesses, hepatitis B, bacterial vaginosis, HIV, etc.), problems having sex, depression and anxiety, painful and prolonged menstrual periods, urinary problems, fistula (an opening between the urethra and vagina allowing urine run into the vagina). Research Report Page 3 of 15

4 MAJOR COUNTRIES AND ORGANIZATIONS INVOLVED At least 200 million girls and women in 28 to 30 countries have been subjected to FGM. Map showing percentage of girls and women aged 15 to 49 years who have undergone FGM (UNICEF 2013): Africa Djibouti 93% to 98% prevalence (UNICEF 2010). In 1995 FGM was outlawed. In 1990 the National Committee to Fight Harmful Traditional Practices was created. FGM was declared illegal and punishable by the National Assembly, yet the National Penal Code has never been applied to Djibouti. The Ministry of Health and the United Nation Fund for Population are cooperating in promoting the Project to Fight Female Circumcision, yet this was unsuccessful due to lack of funding as well as inadequate enthusiasm of political authorities. Djibouti is one of the 17 countries selected to implement the UNFPA/UNICEF Joint Programme to hasten the abandonment of FGM, with promotion from the First Lady. The reason why FGM is still so highly prevalent in Djibouti is because the practice has been legitimized in communities due to the belief that it is a right to passage into womanhood, and so a majority of woman actually demand it. Research Report Page 4 of 15

5 Djibouti has ratified the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Maputo Protocol. Guinea 96% (2005 survey). On February 2006 a law was passed against FGM, including, if the practice is done, imprisonment between six months to two years, yet as of now no one has been sentenced under these laws as some political leaders support the practice. The prevalence of FGM is increasing each year, as the trend is not towards abolition of the practice, yet towards medicalization of FGM, despite the 2010 decree prohibiting public or private health institutions from practicing it. FGM is prevalent as it is seen as an initiation rite, and because it is often done at home or in camps. A study by the Insitut national de la statistique shows that the proportion of woman in favor of the practice has increased from 65% in 1999 to 76% in Guinea has ratified the Convention on the Rights of Child (although the practice is most commonly done on young girls under 10 years old), the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Maputo Protocol. Somalia 96% prevalence (UNICEF 2013). Article 15 in the Federal Constitution adopted in 2012 bans FGM, although a bill prohibiting FGM has not been passed. The Somali Prime Minister is joining a campaign to end FGM in Somalia. Somalia has not ratified the Convention on the Rights of the Child, nor the Convention on the Elimination of All Forms of Discrimination against Women. Somalia has only signed the Maputo Protocol yet Somalia has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Egypt 91% prevalence (UNICEF). All forms of FGM was banned in 2008, yet there has only been one successful prosecution, meaning that the laws are not thoroughly enforced. The practice is deeply rooted in Egyptian tradition, explaining its extremely high prevalence rate. In 2015, Egypt announced the national FGM abandonment to reduce FGM by 10 15% over the next five years by mobilizing judges and doctors against the practice. The ministries of justice, health, and education, church officials, and the public prosecutors office are all involved in the plan. The plan is very ambitious, and thus Egyptians and others are doubtful on its success as the practice of FGM is a popular societal norm. Egypt has ratified the Convention on the Rights of Child, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Egypt has not signed or ratified the Maputo Protocol, and has ratified the Convention on the Elimination of All Forms of Discrimination against Women with reservations on article 2, 16, and 29. Eritrea 89% prevalence (2003 government survey). Outlawed all forms of FGM in 2007, and people who practice FGM have to pay a fine, as well as serve a two to three year prison sentence. Research Report Page 5 of 15

6 155 people were prosecuted, yet due to the cultural norm of FGM, the prevalence has not gone down significantly. Eritrea has implemented a five year plan to eliminate the practice. Eritrea has ratified the Convention on the Rights of Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Eritrea has only signed and not ratified the Maputo Protocol. Mali 89% prevalence (UNICEF 2013). A government program created in 2002 discourages FGM, yet it is not explicitly punishable by law. There is no strong political will to pass a law against FGM, as in Mali it is seen as a religious requirement. However, Mali has ratified the Convention on the Rights of Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Maputo Protocol. Sudan 88% prevalence (UNICEF 2013). FGM has been outlawed in the past, but currently no national law forbidding FGM. FGM is considered a taboo issue. The only prevalent national campaign against FGM in Sudan is Saleema by the Seema centre. The government has spoken out against the practice, and allegedly supports Saleema, yet no law against the practice is legislated. Sudan has signed Maputo Protocol but has not yet ratified it. Sierra Leone 88% prevalence (UNICEF 2013). There is no federal law against FGM. In fact political groups who practice FGM Soweis have considerable political power during elections. Anti FGM campaigners are threatened by this group as FGM is an initiation to the group. Sierra Leone has ratified the Convention on the Rights of Child, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Sierra Leone has signed yet not ratified the Maputo Protocol. Middle East Iraq 72% estimated prevalence. Kurdish law passed in 2011 criminalizing FGM, yet this law is not being enforced. FGM is still legal in central Iraq. The practiced is justified by religion, tradition, or medical reasons. Iraq has ratified the Convention on the Rights of Child, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Yemen 23% estimated prevalence. A law prohibiting FGM was submitted to parliament in 2009, yet has not been approved. Research Report Page 6 of 15

7 Yemen has ratified the Convention on the Rights of Child, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It has ratified the Convention on the Elimination of All Forms of Discrimination against Women yet declares that it does not consider itself bound by article 29. World Health Organization, United Nations Strongly against FGM as it is declared a human rights violation in Has taken actions against FGM which are described below in *Relevant UN Resolutions, Treaties, and Attempts and *Previous Attempts to Solve the Issue. Countries with Successful Policies on FGM France FGM was criminalized under French law in 1983 with a punishment of 10 to 20 years in prison. Also, the law applies to parents who send their French born children out of the country to be cut. France has enforced the law strictly, and more than 100 parents have been convicted. Unlike other European and African countries, where only a small amount of cases have gone to trial, France firmly enforces its laws. United Kingdom FGM was criminalized by the Prohibition of Female Circumcision Act Section 73 of the Female Genital Mutilation Act was amended in 2015 to include FGM Protection Orders. The FGM Protection Order is a civil measure offering protection of victims or potential victims from FGM. The applications for an FGM order can be made by: The girl or woman to be protected (in person or with legal representation) A Relevant Third Party (RTP) Any other person with the permission of the court TIMELINE OF KEY EVENTS 2000 Years Ago Estimated time of where the practice of FGM dates back to The Universal Declaration of Human Rights classified FGM as a human rights violation Research Report Page 7 of 15

8 February 2003 According to the Office of the United Nations High Commissioner for Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women is adopted by the United Nations. The Foundation for Women s Health, Research and Development (FORWARD) is founded The Convention on the Rights of the Child is signed The tenth anniversary of the Convention on the Elimination of All Forms of Discrimination against Women, and almost 100 nations have agreed to be bound by its provisions The UN changes the terminology female circumcision to female genital mutilation by recommendation of the WHO. A joint statement is issued by the WHO with the United Nations Children s Fund (UNICEF) and the United Nations Population Fund (UNFPA) opposing FGM Zero Tolerance Day originated. Then, the United Nations designates February 6 th as the International Day of Zero Tolerance of Female Genital Mutilation 11 July December 2014 The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa was officially adopted by the section summit of the African Union United Nations intensifies the campaign against FGM. United Nations resolution Intensifying global efforts for the elimination of female genital mutilations is renewed. Research Report Page 8 of 15

9 RELEVANT UN RESOLUTIONS, TREATIES AND EVENTS The UN first included prohibition of FGM in a resolution in 1993, and since then has strengthened its stance against FGM by means of resolutions and events. Specifically, the International Day of Zero Tolerance to Female Genital Mutilation was sponsored by the UN from 2003 on every 6 th of February. Other events include: In 2003, UNICEF began promoting an evidence based social norms approach to FGM, evaluating the intervention. The first report on FGM was published in 2005 the UNICEF Innocenti Research Centre in Florence Resolutions: The Declaration on the Elimination of Violence Against Women: United Nations Resolution 48/104, December 20, This resolution speaks of the rights of women, and the actions that should be taken by States and organizations to prevent and condemn any form of violence against women. Intensifying global efforts for the elimination of female genital mutilations: United Nations Resolution A/RES/67/146, 20 December Intensifying global efforts for the elimination of female genital mutilations: United Nations Resolution A/RES/69/150, 18 December This resolution recalls all previous resolutions/actions taken against female genital mutilations, and provides multiple clauses on solutions which speak of creating greater awareness of female genital mutilation and its negative after effects, and protecting the woman and girls who have been subjected to female genital mutilation already. Conventions/Protocol: The Convention on the Rights of the Child: adopted by the United Nations General Assembly, November A human rights treaty underlining the political, economic, health, social, and cultural rights of children. The Convention on the Elimination of All Forms of Discrimination against Women: adopted by the United Nations General Assembly, December 18, Described and known as an international bill of rights for woman, including sex stereotypes and sex trafficking, women s political, economic, and social rights, as well as women s equality to men and in marriage, and equality before the law. The Convention Against Torture and Other Cruel and Inhuman or Degradation Treatment or Punishment: drafted by the United Nations General Assembly, June 26, Research Report Page 9 of 15

10 This convention requires states to take effective measures to prevent torture. It includes female genital mutilation under Access to Mechanisms for Obtaining Redress specifically in point 33. Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa: adopted by the African Union, July 11, Also known as the Maputo Protocol, it states all comprehensive rights to women, including political and social equality with men, independent control of their reproductive health, and ending of female genital mutilation. These conventions and protocol all explicitly recognize that female genital mutilation is a practice harmful to women, as well as being a violation of human rights. PREVIOUS ATTEMPTS TO SOLVE THE ISSUE Maputo Protocol/The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (2003): 46 countries out of 53 member countries in African Union have signed the protocol, and as of July 2010, 28 countries have ratified and deposited the protocol. The Protocol is neither signed nor ratified by Botswana, Cape Verde, Egypt, Malawi, Mauritania, and Tunisia. Tunisia, Sudan, Kenya, Namibia, South Africa, Egypt, Libya, and Zambia had reservations on marriage clauses, specifically, judicial separation, divorce, and annulment of marriage. Also Sudan, Senegal, Burundi, Libya, and Rwanda held reservations to Article 14, speaking of right to health and control of reproduction. Also, Roman Catholic bishops oppose the Protocol because of disagreement on defining abortion as a human right. In addition, Nigerien Muslim women s groups in 2009 protested the satanic Maputo protocol, due to requirements of marriage age limits, and due to the abortion claim. Tostan Tostan is a US registered, international NGO, its mission "to empower African communities to bring about sustainable development and positive social transformation based on respect for human rights (tostan.org). Its donors include UNICEF, UNFPA, the American Jewish World Service, the Swedish International Development Cooperation Agency, USAID, The Greenbaum Foundation, the William and Flora Hewlett Foundation, and the Wallace Global Fund. In all, 5,423 villages in Senegal have abandoned both female genital cutting as well as child/forced marriage with which FGM is often associated. Communities in Guinea (where as of April 2013, 528 communities have publicly abandoned FGC and child/forced marriage). Gambia (where 158 communities have publicly abandoned FGC), Guinea Bissau (144 communities), Mauritania (78 communities), and Djibouti (92 communities), and finally Somalia (62 communities) have also been positively affected by the movement. Research Report Page 10 of 15

11 Navrongo Rigorous scientific analysis are used by the Navrongo project to test which strategies are most effective in fostering social change in FGM practice. It took place in six villages in Ghana where prevalence rates of FGM is high. In essence the project analyzes, through scientific data, different anti FGM interventions and strategies that focus on various groups within the community. It concluded that the Alagube, the FGM education and the livelihood strategy resulted in a 93 percent decrease in the risk of FGM. IntraHealth International Intrahealth International works with the National Committee on Traditional Practices of Ethiopia to prevent FGM in Ethiopian communities by bridging knowledge gaps via an education program, and social advocacy (particularly in collaboration with religious and political leaders). Their successes so far include contributing making FGM punishable by law in 2004, as it was drafted by a member of the Anti FGC Women Leaders Team. Also the project formed an agreement between 83 prominent national and religious leaders in June 2004 that unanimously criminalized and banned FGM, as well as creating awareness of FGM dangers for more than 4200 community members. Additionally, it ensured public promises by several well known circumcisers to cease performing FGM, ultimately lead 2252 community members to agree to ban FGM at public declarations. The Norwegian Knowledge Centre for the Health Services (NOKC) conducted an extensive literature search using national and international scientific and organizational databases in all languages, to measure the effectiveness of interventions designed to reduce the prevalence of FGM: Their criteria included: systematic reviews, randomized controlled trials and controlled before and after studies. Out of 3667 publications found, 16 were selected for analysis. Out of the 16, six countries (Burkina Faso, Egypt, Ethiopia/Kenya (single study), Mali, Nigeria, and Senegal) met the criteria. The reliability of research, using the Quality Assessment Tool, were assessed as weak, with poor quality of evidence, and high or unclear risk of bias. A general conclusion of the study was that the validity of the studies were questionable, in addition to the fact that only three out of the 92 projects met the United Nations criteria. The study also concluded that efforts to change the beliefs about women s rights were in essence unsuccessful. General data did prove there were possible outcomes as a result of the projects aiming to eradicate FGM. Specifically the results were positive in the studies in Ethiopia/Kenya, and Nigeria as well as in a different study in Senegal and Burkina Faso proving an increased knowledge, awareness, and admittance of abandoning the practice of FGM. Further UN actions: WHO together with UNAIDS, UNDP, UNFPA, UNHCR, UNICEF, UNIFEM, FIGO, ICN, IOM, MWIA, WCPT, WMA have developed a Global strategy to stop health care providers from performing female genital mutilation. Research Report Page 11 of 15

12 A joint program in Africa in 2007 was launched by UNFPA and UNICEF aimed to reduce FGM by 40% within 0 15 age group, and eliminate entire procedure in at least one country by UNICEF and UK government co hosted the first Girl Summit to reach the goal of ending FGM and child marriage. Other organizations combatting FGM include: 28 Too Many: African Women s Organization: women.org/about.php Ban FGM campaign for UN resolution: END FGM European Campaign: we are/vision andmission/ POSSIBLE SOLUTIONS Encourage ALL African and Middle Eastern countries to legislatively ban FGM including severe penalties if the procedure is carried out. Although most African countries have banned the practice by law, there are several who have not banned the procedure entirely, do not have penalties even if FGM is banned, or if FGM is banned by law, do not in actual fact enforce the law throughout the country. Promote a criteria for future studies that should include randomized, controlled, long term, community driven, cross disciplinary, international collaborative studies, as well as assessments on the effectiveness of new curricula developed for health care professionals on preventing FGM. It is proven that a combination of these methods are most effective in increasing awareness of FGM, as well as promoting communities and influential figures to take physical action against FGM. Develop communication methods that allow people to immediately warn authorities if FGM has taken place. Easy access to communication methods might encourage individuals to report FGM cases faster, without any trouble. The Green Phone already exists in Burkina Faso, so similar methods can be used in other countries. Research Report Page 12 of 15

13 WORKS CITED Edouard, E., O. Olatunbosun, and L. Edouard. "International Efforts on Abandoning Female Genital Mutilation." International Efforts on Abandoning Female Genital Mutilation. Pan African Urological Surgeons' Association, Web. 29 Apr Feldman-Jacobs, Charlotte, and Sarah Ryniak. "Female Genital Mutilation/Cutting." PsycEXTRA Dataset (2006): Population Reference Bureau, Dec Web. 29 Apr < "Female Genital Mutilation (FGM): Legal Prohibitions Worldwide."Reproductive Rights. Center for Reproductive Rights, 12 Nov Web. 29 Apr "Female Genital Mutilation Factsheet." World Health Organization. World Health Organization, Feb Web. 29 Apr < "Global Timeline - Global Issue of Female Genital Mutilation." Global Issue of Female Genital Mutilation. Google Sites, Web. 29 Apr < "Iraq." Stopfgmmideast. WorldPress, n.d. Web. 16 May "Legislation, Policy and Guidance." NSPCC. National Society for the Prevention of Cruelty to Children, Web. 16 May "Mali: Renewed Call for a Law Against Female Genital Mutilation." Equality Now. Equality Now, 20 Aug Web. 16 May Malsin, Jared. "Egyptian Activists Fear Female Genital Mutilation Initiative Will Fall Short."The Guardian. Guardian News and Media, 15 June Web. 16 May Mckinnon, Sheila. "FGM, Genital Mutilation, Excision, Health, Human Rights, Women, Girls, UNFPA." UN News Center. UN, n.d. Web. 29 Apr Mohamud, Asha A., Nancy A. Ali, and Nancy V. Yinger. "Female Genital Mutilation."SpringerReference (n.d.): n. pag. Department of Women's Health, Health Systems and Community Health, World Health Organization, Web. 29 Apr < Motaung, Thato. "Zero Tolerance for Female Genital Mutilation in Eritrea?" AfricLaw. AfricLaw, 06 Feb Web. 16 May Nour N. Effectiveness of interventions designed to reduce the prevalence of female genital mutilation/cutting: RHL commentary (last revised: 1 December 2010). The WHO Reproductive Health Library; Geneva: World Health Organization. Salih, Zeinab Mohammed. "FGM Spreading to Minority Groups in Sudan, Say Campaigners." The Guardian. Guardian News and Media, 15 Feb Web. 16 May The Honorable, Amina Salum Ali. "The Role of Policymakers in Ending Female Genital Mutilation: An African Perspective." The Role of Policymakers in Ending Female Genital Mutilation: An African Perspective. Population Reference Bureau, Feb Web. 29 Apr Research Report Page 13 of 15

14 "Tostan." Wikipedia. Wikimedia Foundation, 13 July Web. 29 Apr Turkson, Nshira. "The Fight Against Female Genital Mutilation in Somalia." The Atlantic. Atlantic Media Company, 23 Mar Web. 16 May UNAIDS, UNDP, UNFPA, UNHCR, UNICEF, UNIFEM, WHO, FIGO, ICN, IOM, MWIA, WCPT, and WMA. "Global Strategy to Stop Health-care Providers from Performing Female Genital Mutilation." Global Strategy to Stop Health-care Providers from Performing Female Genital Mutilation (2010): World Health Organization, Web. 29 Apr < "UN Report Reveals Increasing Incidents of Female Genital Mutilation in Guinea, including on Infants." UN News Center. UN, 25 Apr Web. 16 May Willsher, Kim. "France's Tough Stance on Female Genital Mutilation Is Working, Say Campaigners." The Guardian. Guardian News and Media, 10 Feb Web. 16 May APPENDIX OR APPENDICES FGM IN BURKINO FASO: FGM IN OMAN: al hinaifemale genital mutilation in the sultanate of oman1.pdf FGM IN THE MIDDLE EAST: SUCCESFUL PRACTICES IN ELIMINATING FGM: c_report.pdf INTERAGENCY STATEMENT: ment_on_eliminating_fgm.pdf TIMELINE OF FGM KEY EVENTS: issue of female genital mutilation/globaltimeline RESOLUTION LINKS: Research Report Page 14 of 15

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