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Why Does Female Genital Mutilation Persist? Examining the Failed Criminalization

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Why Does Female Genital Mutilation Persist? Examining the Failed Criminalization “Why does female genital mutilation persist? Examining the failed criminalization strategies in Africa and Canada” By Sally Effie Ogoe A Thesis submitted to the Faculty of Graduate Studies of The University of Manitoba In partial fulfillment of the requirements for the degree of MASTERS OF ARTS Department of Sociology University of Manitoba Winnipeg, Manitoba Copyright © 2015 by Sally Effie Ogoe ABSTRACT Female genital mutilation is an important human rights and health issue in both Canada and Africa. The Canadian government has made efforts towards eradicating this practice by making it a criminal offense, a “remedy” popularly used in Africa as well. Despite the efforts made by governments, law enforcement, along with international human rights organizations, female genital mutilation persists among African immigrants living in Canada and is still practiced by some in Africa. Using international and government laws and policies, documents, case study reports and articles, this thesis questions why the criminalization of female genital mutilation has not reduced this practice among Africans and immigrants living in Canada. Using qualitative case study research methodology as well as the theories of cultural relativism and feminist human rights, this thesis suggests that cultural practices are resistant to change, even among families who move to societies where the practices are legally criminalized and socially rejected. As such, the strategy of eradicating this cultural practice through criminalization has been largely unsuccessful because of strong social forces as exemplified in myths, cultural reasons and the medicalization of female genital mutilation. This thesis concludes by proposing the need to address the status of females among groups who perpetuate this practice and adopting other measures to supplement the laws which are already in place. i ACKNOWLEDGEMENTS I would like to express my gratitude to my supervisor Lori Wilkinson (PhD), for her constant guidance, ideas, feedback and support in putting this thesis together successfully and also for giving me the confidence in how far I can go in academia. My sincere gratitude and appreciation also goes to Susan Prentice (PhD) and Michael Baffoe (PhD), who are members of my advisory committee, for providing me with meaningful suggestions and improvements right from the onset of this thesis, to them I say thank you. I would like to acknowledge Gary Strike, the Data Librarian at Elizabeth Dafoe Library for helping me get the right resources and secondary data for this thesis. I am also fortunate to have my parents, siblings and friends from the Ghanaian community urging me on with encouragement. I say thank you to all of them. Most of all, I cannot thank God enough for seeing me through this Master’s program, there has been lots of bumps, but through it all, He has given me a transcendental walk. I am most grateful. ii TABLE OF CONTENTS ABSTRACT……………………………………………………………………………..…i ACKNOWLEDGEMENTS……………………………………………………………....ii TABLE OF CONTENTS…………………………………………………………………iii-v LIST OF TABLES………………………………………………………………………...vi CHAPTER 1-Introduction………………………………………………………………..1-9 1.1 Background……………………………………………………………………………..1 1.2 Variations of Female genital mutilation………………………………………………...2-4 1.3 Female genital mutilation: An international issue………………………………………4-6 1.4 Research Question………………………………………………………………………6-7 1.5 Justification of Study……………………………………………………………………7-8 1.6 Thesis outline……………………………………………………………………………8-9 CHAPTER 2- Theoretical Review………………………………………………………...10-27 2.1 Debates on appropriate terminologies associated with the cultural practice………..…...10-14 2.2 Feminist debates…………………………………………………………………………14-18 2.3 Cultural Relativism Theory………………………………………………………………18-22 2.4 Feminist Human Rights Theory………………………………………………………….22-26 2.5 Summary………………………………………………………………………………….26-27 CHAPTER 3-Methodology…………………………………………………………………28-37 3.1 Description of the study group………………………………………………………...…28-29 3.2 Research Design………………………………………………………………………….29-30 3.2.1 Selection of study countries…………………………………………………………….30 3.2.2 Representative literature……………………………………………………………..…31-34 iii 3.3 Data analysis and interpretation…………………………………………………………34-36 3.4 Benefits and Limitations to Methodology……………………………………………….36-37 3.5 Summary………………………………………………………………………………….37 CHAPTER 4-Understanding The Context of Female genital mutilation in Africa and Canada……………………………………………………………………………………….38-65 4.1 Demographics of Female Genital Mutilation…………………………………………….38-42 4.2 The extent of awareness of females who subject to female genital mutilation…………..43-46 4.3 Migration of female genital mutilation to Canada……………………………………….46-52 4.4 The health consequences of female genital mutilation………………………………......52-54 4.5 Myths: why female genital mutilation persists…………………………………………..54-58 4.6 Cultural issues: the price women pay for undergoing female genital mutilation………..58-61 4.7 Medicalization……………………………………………………………………………61-64 4.8 Summary………………………………………………………………………………….64-65 CHAPTER 5- Female genital mutilation and Legal Issues in Canada and Africa……..66-92 5.1 Legal issues: legislations, laws and policies……………………………………………..66-67 5.1.1 Moral comparisons and international responses……………………………………….67-75 5.1.2 Legislations and legal opinions from the view of African legislation…………………76-82 5.1.3 Legislation and legal opinions in Canadian legislations……………………………….83-92 5.2 Summary………………………………………………………………………………….92 CHAPTER 6- Conclusion…………………………………………………………...…….93-103 6.1 How cultural relativism explains the persistence of female genital mutilation……….…93-96 6.2 How feminist human rights perspective rejects the practice of female genital mutilation….. ……………………………………………………………………………………………….97-99 iv 6.3 Possible solutions to eradicating female genital mutilation……………………...…..99-101 6.4 Strengths, weaknesses and areas for future research…………………………………102-103 6.5 Conclusion…………………………………………………………………………....103 REFERENCES…………………………………………………………………………104-126 v LIST OF TABLES Table 1: Countries in Africa by type of female genital mutilation procedure most widely practiced………………………………………………………………………………………….39 Table 2: FGM prevalence data by age and country by country………………………………41-42 Table 3: Immigrants to Canada by Country of Origin, Year of Arrival (2004-2013), Percentage of immigrants and Prevalence of FGM among the female population………………………46-47 Table 4: Three United Nations Treaties by Country, Signature and date of Ratification…....71-74 Table 5: AU member states who have signed and ratified the African Charter on the Rights and Welfare of the Child……………………..……………………………………………………77-79 Table 6: National Laws prohibiting female genital mutilation by country and date of enactment…………………………………………………………………………………….81-82 vi CHAPTER 1-Introduction 1.1 Background Female genital mutilation (FGM) was first identified by Agatharchides of Cnidus between the 2nd and 5th centuries BCE among Egyptians (Hughes 1995, Gruenbaum et al 2001, Costelloe 2010, Shell-Duncan & Hernlund 2014). The root of this widely spread practice is based on the belief of the bisexuality among the Pharoanic gods of which humans reflected (Danial 2013). According to these beliefs, every human had both a male and female soul. Interestingly, the location of the sex organs in the soul was interchanged: “(t)he feminine soul of the man was located in the prepuce of the penis; the masculine soul of the woman was located in the clitoris” (Danial 2013:3). To correct this “anatomical error” of the gods, circumcision was carried out in both males and females to grow them into healthy men and women respectively (Boddy 1989, 2007). This belief and variations of it have subsequently spread to other parts of Africa and the Middle East. For instance, Malians and Sudanese, who were slaves of the Egyptians in the 15th century, eventually adopted this practice (Mackie 1996, Schultz and Lien 2013). The female slaves in that period were circumcised by infibulation in other to reduce their sexual desires and prevent conception. Suppressing the sexuality in this way was believed to make female slaves more profitable as women would not be “burdened” by family relationships and unwanted children (Mackie 1996, Boyle 2002). Communities thereby replicate this legendary belief of healthy sex organ development with the understanding that humans are born “unfinished” (Schultz and Lien 2013). It is useful for readers to understand that, female genital mutilation actually refers to many different forms and the next section outlines the major procedures in greater detail. 1 1.2 Variations of Female genital mutilation There are documented records of type I (circumcision method), type II (excision method), and type III (infibulation method) female genital mutilation among 28 countries in Africa (Costelloe 2010, Dorkenoo 2012). The least invasive method is called Type I. Here, the hood of the clitoris is cut off partially or totally and is referred to in the medical literature as a clitoridectomy. The excision method or Type II is more severe where the clitoris and all or part of the labia minora is removed (known as excision). Amongst many of the Islamic communities in Africa and some in the Middle East, this second method is termed “sunna”. It is erroneously believed that the procedure is non-invasive and that procedure of clitoral removal is much like the procedure used for removing the foreskin of a penis in male circumcision (Oosterveld 1993). The infibulation method, Type III, is the
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