Outlawing Fgm In The Usa: The States And The Federal Government - Brief Article

WIN News, Spring, 2000

FROM 'REPRODUCTIVE FREEDOM NEWS,' THE CENTER FOR REPRODUCTIVE LAW & POLICY

120 Wall St.,

New York,

NY 10005

"For the fourth year in a row, a legislative hearing was held by the Colorado State Assembly to gain passage of a bill outlawing female genital mutilation in that state [ldots] While there are no firm statistics on the extent of the practice in the U.S., the Colorado hearings indicated that some girls and women, particularly within certain African immigrant communities, are at risk.

One community activist from the Colorado Coalition Against Sexual Assault testified that several immigrant parents told her they were planning to fly a practitioner into the United States to perform FGM on their daughters. Finally, a Colorado district attorney testified that he was unclear if current Colorado law could be used to prosecute someone who had caused a child to undergo FC/FGM. The testimony convinced the legislature of the seriousness of this matter. Last May, the governor of Colorado signed a bill making FGM a crime in Colorado, joining four other states that passed similar laws in 1999 [ldots]

Senator Dorothy Rupert, who wrote and sponsored the Colorado bill, included provisions for the Department of Public Health to educate the Colorado public about FGM. Rupert says she first heard about it while attending the 1995 Fourth World Conference on Women held in Beijing. Returning to Colorado, her investigations led her to gynecologists who had encountered the dilemma of having to birth babies from immigrant women whose vulvas were stitched together.

Female Genital Mutilation (FGM) is a crime in the following states: California, Colorado, Delaware, Illinois, Maryland, Minnesota, New York, North Dakota, Oregon, Rhode lsland, Tennessee, Texas, West Virginia and Wisconsin."

EDITOR'S NOTE: Besides these laws by the states, a Federal law was passed in 1997 which applies to the whole country.(see WIN NEWS, 23-2, spring 1997). The Federal legislation states (excerpts):

"116 Female Genital Mutilation

(a) Except as provided in subsection (b), whoever knowingly circumcises, excises of infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years or both [ldots]" (subsection (b) provides the usual medical exemption for life /health saving surgery)

Addressing international application the legislation states:

"Sec. 579-Female Genital Mutilation The conference agreement includes language requiring United States executive directors at international financial institutions, beginning one year after enactment of this act, to actively oppose loans, other than to address basic human needs, to certain countries[ldots]"

In a letter to the Administrator of the US Agency of International Development (USAID), Ambassador J. Brady Anderson last autumn I asked what was the experience of AID Missions in Africa regarding implementation of the international legislation, which by now was in force for nearly 2 years. A reply dated Nov 9 1999 stated:

"The Secretary of the Treasury, and not USAID, is responsible for enforcing the legislation [ldots]"

Apparently USAID refuses all responsibility for preventing FGM which is traditionally practiced in many areas in Africa and Egypt where AID funds programs including for family planning and health. For instance in Egypt: AID has funded family planning programs for more than fifteen years all over Egypt as well as many African countries.

The latest statistics show that "in Egypt 97% of women and girls aged 15-49 have been circumcised". - according to the research by the Demographic and Health Surveys for USAID in 1996. (see WIN NEWS 23-3 summer 1997 p. 31.). That is FGM is practiced in the very areas where USAID supports Family Planning Programs with no attempt by the Agency to stop these mutilations. No doubt training, tools and antibiotics contributed by USAID (funded by US taxpayers) are also used to mutilate girl children - with no objection by the Agency-according to the above statement by the AlD administrator.