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FGM: Rule of law vs. rule of tradition
Published in Daily News Egypt on 07 - 07 - 2007

CAIRO: Would a fatwa by the highest religious authority and a ministerial decree be enough to reduce, let alone stop, the practice of Female Genital Mutilation (FGM)?
In a county where, according to national and international organizations, 96 percent of women have undergone FGM, the answer isn't that easy.
While many activists are optimistic, others are skeptical about the implementation of the fatwa and the law in real life.
Unicef has already declared its support for the ban. Its officials are optimistic about the impact of both the fatwa and the ban.
"In light of the fact that many FGM procedures are undertaken by medical practitioners, the strong ministerial decree criminalizing FGM practitioners will play an important role towards ending this unnecessary and harmful procedure, a Unicef assistant communication officer, Iman Morooka, told The Daily Star Egypt.
The law could serve as the mechanism for members of communities to report violators and bring a quick end to this extremely harmful practice, said Unicef Egypt Representative Dr. Erma Manoncourt in a press note.
The National Council for Childhood and Motherhood (NCCM) was also content with the elimination of the previous loopholes in the law banning FGM.
There are no longer exceptions, FGM is banned in private clinics as well as public and private hospitals; doctors, as well as nurses and barbers practicing medicine, [commonly known as hala'een el seha], are prohibited from performing this practice, said Dalia Al Mua taz Bellah, the coordinator of volunteer activities in the National Project to Fight Female Genital Mutilation Under the auspices of the National Council for Motherhood and Childhood.
Unicef is also hopeful that the fatwa issued by high ranking religious leaders would create momentum and will push forward all involved parties to work together towards ending the practice. Egypt is a community where religious leaders play an important role in guiding the people, Morooka said.
It is a courageous fatwa at a time when it is most needed, Al Mua taz Bellah told The Daily Star Egypt.
Such a strong religious reference is a vital asset in supporting the arguments of anti-FGM activists while reaching out to the people.
With the fatwa, we can convince up to 60 percent of our targeted groups not to practice FGM. Before it was only 40 percent, Al Mua taz Bellah said.
However, despite the strong support for the decision and the fatwa, not everybody shares the rosy picture. Others have expressed serious concerns regarding the implementation of the ban in real life.
I am very optimistic, but there are some health concerns, the Manager of the FGM program in the Egyptian Center for Women s Rights, Ahmed Elaiwa, told The Daily Star Egypt.
"Previously, physicians would perform circumcision, but after [the ban] they were threatened with suspension from practicing medicine and even a jail sentence, Elaiwa continued, "People could go to barbers who practice medicine, and midwives.
Accordingly, Elaiwa believes that the timing of the ministerial decree is not suitable. It is only suitable when all parties coordinate to fight FGM, he added.
Elawia highlighted the role of the media, in addition to school curricula, where religious studies are modified and reproductive health classes would be added.
Egyptians are accustomed to practicing FGM. If the law criminalizes it, they will resort to illegitimate means, and it will no longer be monitored, Ahmed Sayed, a lawyer, told The Daily Star Egypt.
He added that Bodour Shaker, the girl who died just before the decision was taken, died from an excessive dosage of anesthesia not circumcision itself.
In a previous interview with The Daily Star Egypt, Soheir Mohamed, a house cleaner from Sharqeya governorate, indifferent about weather FGM is religiously permissible or not, downplayed the role of the new law against tradition.
People have very strict traditions and opinions on matters related to sex. They can do what they believe in. They can support each other by hiding that one of them is undergoing the operation, Mohamed said
Skepticism also covers the very areas other activists are optimistic about: the power of the fatwa.
Elaiwa said his center is having problems with mosque Imams in villages who say anti-FGM campaigns are "Western ideas.
But the head of the Da wa (preaching) sector in the Ministry of Awkaf, Sheikh Shawki Abd Al Latif, denied that sheikhs all over Egypt do that.
Sheikhs should commit to the Azhar Institution without having the official statements imposed on them, Sheikh Mohamed Ashour, Former Deputy for Al Azhar, Member of the Islamic Research Center told The Daily Star Egypt.


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