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Law versus practice
Published in Al-Ahram Weekly on 17 - 07 - 2008

Days before Female Genital Mutilation was legally banned, 60 girls came under the knife of a female doctor, Reem Leila investigates
Female Genital Mutilation (FGM) is a deeply rooted, traditional practice dating from antiquity, which involves the removal of parts of healthy external female genital organs. The government's concerted effort in recent years to eliminate the custom was dealt a blow days before a new child law came into effect this month. Some 60 FGM procedures were conducted in one village in one week. Dr Amal Farouk operated on 60 girls from Abu Seer village in Fayoum governorate between 1-7 June, while on her annual leave from work in Saudi Arabia.
Noha Ahmed Shaaban, 13, is one of the 60 girls and is still suffering complications due to the procedure. Shaaban endures continuous bleeding, inflammation and bacterial infection, and has since undergone four operations to close the wound which did not heal and is exposing her to serious health hazards.
The National Council for Childhood and Motherhood (NCCM) filed a suit against Farouk, who flew to Saudi Arabia immediately after the procedures. Under Article 61 of the new child law, which was finally passed by the People's Assembly on 7 June, anyone found guilty of practising FGM will face a fine between LE1,000 and LE5,000, and a prison sentence ranging between three months and two years. Minister of Health and Population Hatem El-Gabali also issued Decree 271 in 2007, prohibiting the practice.
As well as suing Farouk, the NCCM notified all concerned authorities to penalise her for violating the child law and a ministerial decree. The mass FGM operations which were discovered by rural health tutors were also reported to the Doctors Syndicate. Mona Amin, the general coordinator of NCCM's national project for banning FGM, said that Saudi authorities -- who also view FGM as a crime -- will be informed in order to terminate Farouk's work contract.
According to Said Sayed, head of the media committee at the Doctors Syndicate, the syndicate has launched a thorough investigation of the incident. Sayed added that an official letter was sent to the Saudi hospital about what Farouk did, asking them to send her back to Cairo. "If Farouk is found guilty, she may be banned from practising altogether," stated Sayed, noting that FGM is only permissible for medical reasons.
Abdel-Rahman Shahin, official spokesman to the Ministry of Health and Population, stated that the incident is also under investigation by the prosecutor- general. "The ministry will not take any official action against Farouk until the results of investigation are revealed," maintained Shahin, who was speaking before the new child law came into effect.
FGM is a problematic social issue that is sensitive and very private, since it affects the psychological and physical well-being of innocent and very young girls whose ages range between five and 11 years. NCCM Secretary-General Mushira Khattab asserted that it is unacceptable that a woman's humanity is violated with impunity, at a time when we are espousing the value of investing in human beings and speaking about people being the true wealth of nations.
"It is totally unacceptable to subjugate such small girls in this way, whether intentionally or unintentionally, and to force them to go through this cruel experience," stated Khattab. "What is even more painful is that this is happening because of inherited social traditions and not any health or social reasons, or any proper religious rulings. It is happening under the pretext of love and protection on the part of parents for their daughters."
In many societies, noted Amin, women would pursue excision as consenting adults to make themselves more valuable in the marriage market, and more appreciated. "They argue that it is a cosmetic surgery which makes women more appealing to men," she explained. "And, sometimes, this is simply the case."
Worldwide, between 120-140 million females are being circumcised. A demographic and health survey conducted by USAID in Egypt in 2000 showed that 72 per cent of the women questioned were in favour of FGM, and that 97 per cent of young girls underwent the procedure. A UNICEF report conducted in 2005 showed that 96 per cent of Egyptian women between the ages of 15 to 29 were circumcised. The figure among females aged between 10 and 18 is less alarming, although still at a whopping 50 per cent. Another recent UNICEF report revealed that FGM rates dropped by 28 per cent due to continuous campaigning by the government.
"Since 2002, NCCM has led the national movement against FGM at both national and sub-national levels," revealed Amin, "and has succeeded in building partnerships with the different governmental, non-governmental and donors to advocate against the practice." While NCCM's efforts have led several villages to denounce female circumcision as part of the positive trend in the country, there is still much to be done in order to eliminate the phenomenon, added Amin.
She listed three main pillars which uphold the national project to ban FGM, including promoting the role of legislation in banning FGM -- which was accomplished by issuing the recent Child Law; boosting the role of the media in spreading understanding of children's rights and expanding the scope of the media outreach programme; and finally, enhancing the capacities of local NGOs to campaign against FGM.
Shahin believes that despite the law and a ministerial decree, perseverance is now key in overturning this deep-set custom. "Change is not going to happen soon," he declared, "but work has to be hard and systematic."


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