Print version Email to a friend

UK to examine failure to try genital mutilation crimes

Wed, 26 Sep 2012 09:18 GMT

Source: trustlaw // Emma Batha

An Eritrean woman in Britain who has undergone FGM photographed in a London café, September 2012. TRUSTLAW/Claudine Boeglin

By Emma Batha 

LONDON (TrustLaw) - Britain is failing to protect thousands of young girls from horrific genital mutilations because it is too afraid of being branded racist, campaigners say. 

Up to 24,000 girls in Britain are thought to be at risk of female genital mutilation (FGM), a cultural tradition which is widespread in parts of Africa and the Middle East, but which often causes serious physical and psychological problems. 

Although it was made illegal nearly 30 years ago, there has not been a single trial. Britain’s chief prosecutor is to hold a meeting with police, politicians and campaigners on Friday to examine the failure to try FGM crimes. 

“FGM isn’t culture, it’s child abuse. It’s against our law, and whilst it might have grown out of someone’s culture it has no part of anyone’s culture in the 21st century,” said MP Jane Ellison, chairwoman of the All-Party Parliamentary Group on FGM. 

She said if white girls were being routinely mutilated there would be an outcry, and that it was discriminatory not to give equal protection to children from ethnic minorities. 

FGM is found in several communities including Somalis, Eritreans, Sudanese and Egyptians. Its most extreme form involves removing all external genitalia and sewing up the vaginal opening. 

The government describes it as a “cruel and brutal practice”, but parents who practise FGM say it is a rite of passage, gives their daughters social status and is a prerequisite for marriage. Some communities believe it is a religious requirement. 

Ellison, who will be at Friday’s meeting, said the biggest problem in tackling FGM in Britain was the fear among the police, health workers, teachers and other professionals of trampling on cultural sensitivities. 

“The police in particular, having had decades of criticism – rightly so – for aspects of racism in the police force, have tried so hard that I think they do walk on egg shells,” she added. 

“(But) we’ve got it all wrong. If we want to make sure we’re treating people equally we offer these girls the equal protection of our laws … It’s the opposite of racism.” 

The police have investigated dozens of cases but a major obstacle is the lack of evidence.

“Victims are often very young when FGM takes place, sometimes as young as seven-days old. Often they cannot remember what happened, who did it and where it took place,” a police spokeswoman said.

But even where girls are older they are still highly unlikely to give evidence against their parents or other family members. 

However, campaigners point out that there have been prosecutions in child sex abuse and domestic violence cases without willing witnesses. 

“SOFT TOUCH” 

Community workers and activists trying to tackle FGM say a few trials would act as a powerful deterrent. 

“It’s important to prosecute because members in these communities feel the government hasn’t got the guts,” added Efua Dorkenoo, head of the FGM campaign at rights group Equality Now. 

“It’s not that you are going to go around arresting everyone, but we need at least one or two prosecutions so people know that, Yes! We mean business!” 

She said there were even reports that families are coming from other parts of Europe to have FGM done in Britain because it is seen as a soft touch. 

Earlier this year Sunday Times journalists said they had secretly filmed a doctor, dentist and alternative medicine practitioner offering to carry out or arrange FGM. 

Dorkenoo, who will also be at this week’s meeting, said she would be asking why the police could not mount similar investigations. 

In contrast to Britain, France has prosecuted more than 100 people for FGM. This is partly due to differences in their legal system but also because young children in France are subject to genital checks during routine health examinations. 

Ellison said genital checks would be totally unacceptable to the British public, but added there was much to be learnt from France’s more proactive attitude. 

“HEALTH PASSPORT” 

Dorkenoo, who has campaigned against FGM for 30 years, said government efforts to tackle the practice had been “kneejerk and piecemeal”. She called for robust, joined-up action involving schools, the health service and social services. 

For example, she said when families from FGM-practising countries register with a medical practice, the doctor should ask them about their attitudes to genital cutting and whether they understand the implications. 

It should also be mandatory for hospitals to record births of girl babies to mothers who have had FGM because these girls could be at risk in the future. This information should be passed to health visitors and the family doctor. 

Dorkenoo said most primary school teachers knew nothing about FGM yet they were key to preventing it. 

Girls are at particular risk of FGM during school summer holidays when families may take them abroad for the procedure, even though this is illegal under the Female Genital Mutilation Act 2003. 

Dorkenoo said teachers must be made aware of warning signs and what to do if they suspect a child is at risk. 

If a girl talks about going on holiday for a special ceremony or appears quiet and withdrawn after the summer break that should immediately ring alarm bells. FGM can make urination and periods very painful so teachers should also be alert if a girl takes long toilet breaks or regularly misses school.

“It’s got to be a comprehensive approach from all sides that will make community members feel that there is no room for FGM here. They will be caught,” Dorkenoo added. 

Last year the government issued guidelines on FGM prevention for frontline professionals, including teachers, health workers and police. 

Britain is also launching a “health passport” –  a document designed to empower parents and children to resist pressure from extended family during trips to their countries of origin. 

The passport – an idea copied from the Netherlands – spells out that British residents face jail or deportation if they arrange for FGM to be carried out abroad. 

The government hopes this will act as a strong deterrent, especially given many extended families in countries like Somalia rely on money sent home from relatives in Britain. 

See also: 

Female Genital Mutilation: "It's not culture, it's child abuse"

"I was robbed of my life" - survivor of genital cutting

UN set to ban female genital cutting

Q&A: How widespread is genital mutilation in Britain?