Loi & MGF

Law and FGM in Asia

 

Contrary to common belief that FGM is practiced only in Africa and a few countries in Asia, there is growing evidence that FGM/C takes place across the world, in numerous countries in Africa, Asia, the Middle East, Latin America, Europe, and North America, amongst indigenous and/or diaspora communities. A study release in 2020 by Equality now shows that FGM is actually practiced in 92 countries, and that only 51 of those have enacted laws to fight FGM (Equalty Now,2020).

In her blog titled: I am an FGC survivor who is finally having her #MeToo moment, Farzana Doctor describes the practice among the Dawoodi Bohras, a sub-section of Ismaili Shia Islam in Mumbai, India and is known there as khatna or khafd.

Even though the Borhras are mainly locatated in Asia, the majority being in India and Pakistan, there are now diaspora communities in the Middle East, East Africa, Europe, North America, Australia, and parts of Asia. Khatna is seen as a key part of the Dawoodi Bohra community’s culture and has been highlighted in recent years through the research and awareness-raising that has been successfully carried out by Sahiyo and Speak out on FGM. (28 Too many, 2019).

FGM is practised in India, Pakistan, Sri Lanka, Bangladesh, Thailand, Malaysia, Brunei, Singapore, Cambodia, Vietnam, Laos, the Philippines and Indonesia; however, none of these countries are supported by the UNFPA-UNICEF Joint Programme on the Abandonment of FGM (Wiley online library, 2020)


A modified version of the original graphic by Equality Now
 

The legal situation in Southeast Asia

Singapore

There is no law banning the practice of FGM in Singapore, and the government remains silent on the issue yet some clinics offer to perform the procedure for less than 20 dollars.

Indonesia

There were attempts of banning FGM in 2016 by the government of Indonesia. It was reported though that due to pressure from religious groups, the government has now moved away from that decision. Instead, to accommodate the religious and cultural considerations, the government issued regulations allowing for medical staff to carry out what they termed ‘less intrusive’ methods to ensure more safety for girls.

Malaysia

There is no law against FGM in Malaysia, in fact, FGM is considered FATWA(Mandatory), unless under special conditions where it would be considered harmful). In 2012, the health ministry in Malaysia called for the practice to be standardized, adding its weight behind the practice and normalizing it. (The Borgen project, 2020)

 

Sur le même thème

Law against FGM in 4 African countries

Law & FGM Law against FGM in 4 African countries   The online conference of August 25, 2021(In French) addressed the issue of the legislative situation of FGM in 4 African countries: Burkina Faso, Mali, Guinea and Chad. The discussion focused on the current legal...

read more

Legislation against FGM in North America

Law & FGM Legislation against FGM in North America   Canada Performing FGM is a criminal offence in Canada. The Society of Obstetricians and Gynaecologists of Canada (SOGC) indicates that reporting to appropriate child welfare protection services is mandatory when...

read more

Portugal: A first FGM sentence is suspended after appeal

Loi & MGF Portugal: A first FGM sentence is suspended after appeal   The court took into consideration the specific situation of the woman In 2021, a 21 year old woman was found guilty in Portugal for having had her young daughter undergo FGM type IV on a trip to...

read more

Legal framework in Africa

Law & FGM Legal framework in Africa What is the situation in terms of legislation against FGM in Africa in 2021? In 2019, at the time of the CoP FGM thematic discussion on “Law&FGM,” of the 28 countries in Africa where FGM is practiced, 22 had national...

read more

Anti-FGM legislation and court cases in Europe

Loi & MGF Anti-FGM legislation and court cases in Europe   Legal framework in Europe   In Europe, FGM is criminalized in all 27 EU member staters as well as in other countries, either through specitif legislation or a specific or general provision in the criminal...

read more

National laws on FGM

Law & FGM National laws on FGM   Which countries have laws against FGM?   Several countries with a high prevalence of FGM, as well as low-prevalence countries with important populations originating from countries where FGM is practiced, have passed national...

read more

International and regional legal frameworks on FGM

Loi & MGF International and regional legal frameworks on FGM   International legal instruments on FGM   Female Genital Mutilation is internationally recognized as a practice that violates human rights. A number of international conventions and declarations form...

read more