Despite Criminalization, FGM Persists in Egypt

by Mai El-Sadany
Twitter: @MaiE_89

Source: Flickr

In what was considered by many to be a legal and at least superficial victory, on February 3, 2013, Egypt’s Supreme Constitutional Court rejected a lawsuit challenging the illegality of female genital mutilation (FGM). The lawsuit was filed in 2008 to challenge a decision by the Ministry of Health in 2007 to criminalize the practice, claiming that the ban violated the principles of Sharia. FGM had been made illegal in the country in 1997, and in 2006, the head of Al-Azhar, Egypt’s most prominent Islamic institution, denounced the practice and distanced it from religious traditions (and again reiterated this position in 2008 and 2011).

Despite the solid legal stance against FGM in the country, the practice remains pervasive in Egyptian society and it is unclear to what degree the most recent court ruling will have an effect on the day-to-day lives of Egyptian women. In a country that has recently completed the drafting and ratification of its constitution and continues to undergo a transition period where rule of law and implementation of both national legal codes and international standards has largely been absent, the outlook is not a positive one.

About 91 percent of all women aged 15 to 49 have been circumcised in Egypt; while the numbers are showing a slight decrease among younger generations, the practice remains common. The procedure is often performed on young girls and considered by many to be a “rite of passage” into adulthood. Although there are multiple ways to carry out FGM, the procedure generally involves the removal of the clitoris, along with all or part of the labia minora. Although historically conducted by traditional birth attendants without anesthetic or appropriate medical care, more and more licensed doctors and nurses are carrying out the procedure. FGM has been regarded as a means to preserve the woman’s virginity before marriage for the sake of both culture and religion by decreasing her sexual desire. Although many in Egypt believe that the practice is based in religion, others unequivocally deny this. The side effects of FGM and poor after-care of the invasive procedure can range from minor infections to long-standing psychological issues, problems with menstruation and childbirth, extreme ailments, bleeding for days, and in some cases, death.

As Haiti’s IDP Camps Slowly Disappear, Do Human Rights Obligations Follow?

by Justin Simeone

A Sexual Violence Awareness Advertisement in Port-au-Prince (Justin Simeone)

In recent weeks, “Superstorm” Sandy has reminded many Americans of the devastating impact of natural disasters on ordinary life.   Prior to reaching the United States, the storm first storm first ripped through Haiti—leaving more than fifty dead and many more homeless.

This process of devastation and reconstruction has become all too common to Haitians over the past three years.  Since a massive 7.0 magnitude earthquake in January 2010, the small nation has slowly faded from the international headlines.  Yet, at the time Sandy made landfall in Haiti, there were still more than 370,000 individuals still living in provisional camps for internally displaced persons (IDPs) in and around Port-au-Prince.

The challenges that these IDPs face today are similar those that immediately followed the earthquake. Shelters are still precarious.  Adequate food, water, and sanitation remain difficult to obtain. Security patrols continue with limited frequency.  And perhaps most disturbing, reports of rape and other forms of sexual violence are still pervasive.

“After the earthquake, the situation was inhumane and degrading,” remarks Malya Villard-Appolon, a rape survivor and co-founder of KOFAVIV. “There was no security.  There was no food; there was no work. … Two years after the earthquake, it is still the same.  The people are still under the tent; they don’t have electricity; they are getting raped.”

A Human Right to Protection from Sexual Violence

This observation is disturbing given that many international and regional conventions directly or indirectly prohibit sexual violence—particularly against women and girls.  For instance, even though there is no explicit prohibition under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the CEDAW Committee has recognized that articles 2, 5, 11, 12, and 16 require states to protect women from such violence.