Senator Ivana Bacik calls for FGM legislation

Issued : Thursday 4 February, 2010

Senator Ivana Bacik spoke at the 'Zero Tolerance to FGM' seminar to outline the legislative aspects of FGM.

"Why do we need legislation on FGM in Ireland?" she asked. "To give a full answer, we have to look at our legal system. In Ireland, unlike in most European countries, we have a common law system which is based on judges' rulings rather than a legal code book. Common law recognises the defence of 'consent', and it is unclear if parental consent in the case of FGM could be used as a defence. That needs to be clarified. "

"The probably biggest obstacle to legislate against FGM is the fact that we have the Non-Fatal Offences Against a Person Act 1997 which is referred to as being in place and covering FGM - therefore making FGM legislation unnecessary. But specific FGM legislation would give clarity and be symbolically important."

"In Britain, which also has the same legal system as we, FGM legislation was introduced as far back as 1985."

"The Labour Party introduced a Bill which would make FGM an illegal practice twice, first by Liz McManus TD in 2001 and more recently by Jan O'Sullivan TD in 2009. The Government has not acted yet. I am calling on legislation to be introduced in Ireland so that we have a clear position on FGM."

Some facts about FGM :

There are about 100 million women in the world who have undergone FGM. It is a harmful, painful practice which has been inflicted on girls and women since ancient times - there are Egyptian mummies with signs of FGM. About 6,000 girls every day are forced to undergo FGM. In countries such as Egypt, Sudan and Somalia 95-100% of women have undergone FGM. While FGM is illegal in many African countries, it is still practiced. Why?

Eileen Morrow of World Vision has been working in the field for three years and has seen what works and what doesn't work in trying to eradicate FGM.
"If a girl who lives in a community where everyone is mutilated does not undergo FGM, she can be teased, bullied, jeered at and isolated. Furthermore, her chance of finding a husband and thereby accessing land and a livelihood is small should she not undergo FGM. Parents believe that FGM will better your chances in life. Parents do not carry out a FGM to inflict pain but to do what they believe is in the best interests of their child."

"When we tell men what actually happens when FGM is carried out, they are horrified. They say 'women want to do this'. Women say 'men want this'. FGM is very painful and the only weapon a small child - perhaps between 4 and 9 years of age - has is crying."
"FGM is not a religious requirement. It is a cultural practice."

"We find that telling communities or individuals to stop FGM will not work. Only dialogue-based work which is based on collective decision-making works. Men and boys have to be involved. The girls need the support of their families and peers. The communities themselves have to find the solution."