“This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration: narratives of Nigerian women asylum seekers

Annagrazia Faraca University for Foreigners of Perugia PhD in Humanities and Social Sciences - University for Foreigners of Perugia – Italy Master in Public Administration and International Institutions – Bocconi University – Italy E-mail: .

Abstract

This paper presents the results of a qualitative research study conducted with nine women asylum seekers from southern Nigeria and residents of the city of Perugia who have undergone the practice of Female Genital Mutilation/Cutting (The common acronym is FGM/C) in Nigeria. The survey explores the migratory and life experiences of these women, and how they live while managing their migratory identities, in order to understand how the migration process affects the system of opinions, attitudes and meanings related to FMG/C as experienced by Nigerian women who were interviewed using a transnational perspective and a gender-sensitive approach. Keywords: Female Genital Mutilation/Cutting. Migration. Trantionalism.

1 Introduction els of the society into which they are accepted. Migrants try to relocate their cultural and sym- bolic categories within the new context1. Hence, This paper presents the results of a qualita- emigration and social assimilation in a different tive research study conducted with nine women socio-cultural environment create an impact as asylum seekers from southern Nigeria and resi- migrants reconsider their so-called ‘tradition- dents of the city of Perugia who have undergone al’ models. In relation to cutting practices, it has the practice of Female Genital Mutilation/Cutting been reported in several studies2 that the attitudes (The common acronym is FGM/C) in Nigeria. The survey explores the migratory and life expe- 1 Fortunata Piselli, Il network sociale nell’analisi dei riences of these women, and how they live while movimenti migratori, “Studi Emigrazione”, Vol. XXXIV, n. 125, 1997, pp. 2-16. managing their migratory identities, in order to 2 Sara Johnsdotter-Birgitta Essén, Salute sessuale tra understand how the migration process affects the giovani donne somale in Svezia: convivere con ide- system of opinions, attitudes and meanings relat- ologie sessuali conflittuali determinate dalla cul- tura, in Corpi e simboli. Immigrazione, sessualità ed to FMG/C as experienced by Nigerian women e mutilazioni genitali femminili in Europa, a cura who were interviewed using a transnational per- di Aldo Morrone-Pietro Vulpiani, Armando Edi- spective and a gender-sensitive approach. tore, Roma 2004, pp. 183-202; Sara Johnsdotter, Persistence of tradition or reassessment of cultural On arrival into a new social context and fol- practices in exile? Discourses on female circumci- lowing contact with the culture of the host coun- sion among and about Swedish Somalis, in Trans- cultural bodies: female genital cutting in global try, over time there is a tendency on the part of context, eds. Ylda Hernuld-Bettina Shell-Duncan, migrants to assimilate the structures and mod- Rutgers University Press, New Brunswick 2007, pp.

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DOI: 10.18256/2238-0604/revistadedireito.v12n2p18-38 “This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration… of immigrants towards the practice are subject to With regard to the terminology, the refer- change and are influenced by the host country’s ence term adopted has become Female Genital values; in particular, there is evidence that the Mutilation/Cutting (FGM/C). This tendency is higher the level of integration within the new so- favoured since it reflects a more sensitive and less cial reality the stronger the propensity to abandon judgemental approach that sustains the guiding the practice. principle on which rests the whole construct of the With reference to the phenomenon of ne- survey presented here. In addition, the expression gation or rejection of the practice in migration FGM/C helps to keep in mind the aspect of the vi- contexts of new residence, the identified factors olation of the woman’s body. In the following pag- that may influence this attitude are manifold: es we will use other terms such as circumcision increased awareness of the health problems as- and cutting to respect the traditional terminology sociated with the practice, the recognition of the used in practising communities and used by the pain and psychological trauma experienced3, less interviewed women themselves, the term excision social pressure from the community4, sense of is used to define the specific type. diversity from uncircumcised peers5, the social condemnation of the practices in the new en- 6 1.1 Theoretical framework of Female vironment and the deterrent effect of laws and Genital Mutilation/Cutting penalties which have evolved against the prac- tice7. All these factors detected amidst the tra- The termFemale Genital Mutilation/Cutting ditionally practising communities have encour- represents a set of procedures which include the aged the definition of genital mutilation/cutting partial or total removal of the external female gen- as a “tradition in transition”8 in the countries of italia and/or damage to these organs for non-ther- new residence. apeutic reasons9. The World Health Organization 107-134; Carla Pasquinelli, Infibulazione, Il corpo (WHO) has classified the different procedures in violato, Maltemi, Roma 2007; Ilaria Simonelli-M. Giovanna Caccialupi, Le mutilazioni genitali fem- four types and their respective sub-types which minili. Rappresentazioni sociali e approcci sociosa- differ in the extent of the invasive surgery and re- nitari, Prospettive Sociali e Sanitarie, “i Quid”, n. lated complications. Type I consists of the partial 11, Istituto per la Ricerca Sociale, Milano 2014. 3 Inger Lise Lien-Jon Håkon Schultz, Internalizing or total removal of the clitoris and/or the prepuce. knowledge and changing attitudes to female genital This procedure is also known as clitoridectomy, cutting/mutilation, “Obstetrics and Gynecology while in Muslim countries it is known as sunnah International”, Vol. 2013, 2013, pp. 1-10. (“tradition”) which falls within the WHO subcat- 4 Abdi A. Gele-Elise B. Johansen-Johanne Sundby, When female circumcision comes to the West: At- egory “Ia” and which entails only the removal of titudes toward the practice among Somali Immi- the prepuce. Type II, also known as excision, is a grants in Oslo, “BioMed Central Public Health”, more brutal genital modification compared to the Vol. 12, n. 697, 2012, pp. 1-10. 5 Sara Johnsdotter, Somali in Western exile: reas- previous one and consists of the partial or total sessing female circumcision in the light of Islamic removal of the clitoris and the labia minora, with teaching, “Journal of Muslim Minority Affairs”, or without excision of the labia majora. Vol. 23, n. 2, 2003, pp 361-373. Type III is infibulation, known as “phar- 6 Sara Johnsdotter-Kontie Moussa-Aje Carlbom-Ris- han Aregai-Birgitta Essén, “Never my daughters”: a aonic circumcision “ in Sudan, while in Egypt it qualitative study regarding attitude change toward is known as “Sudanese circumcision”: after the female genital cutting among Ethiopian and Eritre- removal of parts of the external genitalia, with or an families in Sweden, “Health Care for Women International”, Vol. 30, n. 1-2, 2009, pp. 114-133; without excision of the clitoris, as in Type II, the Linda Morison-Ahmed Dirir-Sada Elmi-Jama two surfaces of the labia majora are sewn togeth- Warsame-Shamis Dirir, How experiences and er; in rural environments rudimentary means are attitudes relating to female circumcision vary ac- employed (such as acacia thorns, razor blades, cording to age on arrival in Britain: a study among young Somalis in London, “Ethnicity and Health”, broken glass) while in healthcare or paramedical Vol. 9, n. 1, 2004, pp. 75-100. facilities sutures are used. The suturing is carried 7 Rigmor C. Berg-Eva Deninson, A tradition in tran- out so as to leave only a very small residual ori- sition: factors perpetuating and hindering the con- tinuance of female genital mutilation cutting (FG- fice (as large as a millet or rice grain) to allow the M/C) summarized in a systematic review, “Health 9 World Health Organization, Eliminating female Care for Women International”, Vol. 34, 2013, pp. genital mutilation: an interagency statement UN- 837-859. AIDS, UNDP, UNECA, UNESCO, UNFPA, UN- 8 Rigmor C. Berg-Eva Deninson, A tradition in tran- HCHR, UNHCR, UNICEF, UNIFEM, WHO, WHO sition...cit., pp. 837-859. Publications, Geneva 2008.

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 19 A. Faraca passage of urine and menstrual blood10. This is tween 15 and 49 years of age13. In some countries the most invasive and destructive form of genital rates are high such as in Somalia (98%), Guinea modification; due to its severity, women subject- (96%), Egypt (91%), Eritrea (83%) and Ethiopia ed to it risk severe consequences for their phys- (74%). While in other countries the incidence is ical and mental health. Finally, there is Type IV lower but still shows significant values, for exam- which is defined as “non-classified”, it covers all ple in Ivory Coast (38%), Senegal (26%), Nigeria other practices harmful to female genitalia with (25%), Kenya (21%). Finally, there is a low inci- no therapeutic purposes. dence in countries such as Ghana (4%), Togo (4%), According to the latest data presented by the Niger (2%) and Cameroon (1%). For each country United Nations Children’s Fund (UNICEF), it is attention must be given to the sub-regional and estimated that in the world there are 200 million local dimensions in order to obtain a comprehen- women and girls who have undergone some form sive and accurate picture. In most countries the of female genital modification11, while every year practice of FGM/C is not present homogeneously 3.6 million children are likely to be subjected to throughout the country but varies according to the practice12. geographical areas and the resident communities. Such customs are widespread mainly in Af- These differences are generally more pronounced rica where they were observed in 28 countries, in countries that have a lower national incidence involving vast and heterogeneous territories in- than in countries with a high or almost total in- habited by communities with diverse languag- cidence rate. According to the latest surveys in es, cultures and religions. This area includes the Nigeria, the country of origin of the women sur- entire sub-Saharan region, from Mauritania and veyed, given an average incidence of 25%, there Senegal in the west, to the Horn of Africa coun- is a dissemination rate of 60% in the southern tries (Somalia, Ethiopia, Eritrea and Djibouti) in regions against a value of 10% in the northern re- the east; in the north the area includes Egypt, gions14. Specifically, the highest rates are record- while in the south it extends to Tanzania and ed in the south-west areas of the country in Osun touches Mozambique. Genital mutilation/cutting State (77%) and Ebonyi State (74%). In the south- is also practised in some countries of the Persian east, the state which stands out significantly was Gulf (Iraqi Kurdistan, Yemen, Oman, United Imo State (68%) and as regards the southern ar- Arab Emirates), and although limited to minori- eas, the data shows 41.6% for Edo State and 40.3% ty groups, it has been observed in South America for Delta State. In the north, the Kano State area (including some Amazon indigenous communi- shows a value of 41%15. ties), in India (in the Dawoodi Bohra communi- The presence and spread of excision prac- ty) and in the Far East (Indonesia and Malaysia). tices within the territories are also distinguished In recent years, as a result of migration trends to- above all in relation to the socio-cultural adher- wards developed countries, the phenomenon has ences and social norms that regulate community become evident also in New Zealand, Australia, life. By way of illustration, in Nigeria, taking into Europe and North America. account only the main ethnic groups, the prac- Individual African countries where these tices are found with different rates of incidence customs prevail are distinguished by the type and among the Yoruba (55%), the Igbo (45%) and the dissemination of the practice. As for the type, in- Hausa (19%) and are found with a lower value in fibulation is mainly concentrated in East Africa, the Fulani population (13%)16. while excision and circumcision are widespread 13 UNICEF, The state of the world’s children 2015: ex- mainly in West African countries. ecutive summary, Unicef Publications, New York As for dissemination throughout African 2014, pp. 84-89. 14 UNICEF, Nigeria. Statistical profile on female gen- countries, the available estimates show a very di- ital mutilation/cutting, Unicef Publication, New verse incidence among women and girls aged be- York 2013, p. 2. 15 National Population Commission-ICF Macro, Nigeria Demographic and Health Survey, Nation- 10 Comfort Momoh, Female genital mutilation, in al Population Commission and ICF Macro, 2013 Female genital mutilation, ed. by Comfort Mo- Abuja, pp. 348-351; U.S. State Department, Female moh, Radcliffe Publishing, Oxon 2006, pp. 5-12. Genital Mutilation (FGM) or Female Genital Cut- 11 UNICEF, Female genital mutilation/cutting: a global ting (FGC): Individual Country Reports - Nigeria, concern, Unicef Publications, New York 2016, p. 2. available at:

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1.2 Significance and motiva- ing to the community of membership, the type of modification and the symbolic meaning attribut- tions for Mutilation/Cutting ed to the practice. Whereas in some communities practices the age for the ritual is socially predetermined, in others it is linked to the occurrence of specific These practices belong to traditions that are events such as first menstruation, physical devel- deeply rooted in the communities that perpetuate opment or marriage. In general, clitoridectomy them and therefore they imply important social, and excision are practised in the period of ear- economic and cultural significance. It is not easy ly infancy (between the 3rd and 40th day after 20 to understand the many reasons behind FGM/C birth) and between the ages of 4 and 14 years , practices that determine their promulgation and the latter being associated with the moment of support within the community. When asking puberty. As confirmed by the Nigerian women why these practices are carried out, it is possible surveyed, excision is performed on the 7th day of to reply by stating that: life among the Ibo and Ishan, but it can occur at the time of marriage or during the first pregnan- There is no simple answer to this question. Peo- cy, as in the Ibo and Aboh tribes21. ple have different and multiple reasons. Female Another dimension to consider is the asso- circumcision is practiced by people of many eth- ciation with religion; in fact, there are significant nicities and various religious backgrounds, in- interesting differences. The practice of female cluding Muslims, Christians, and Jews, as well genital cutting is common to different beliefs and as followers of traditional African religions. For religious affiliations and its origin predates the some it is a rite of passage. For others it is not. spread of the major monotheistic religions; more- Some consider it aesthetically pleasing. For oth- over, it is not prescribed in the holy texts. Yet, in ers, it is mostly related to morality or sexuality.17 countries like Mali, Guinea and Eritrea the be- lief is widespread that modifications of the ex- In different situations, the act of cutting is ternal genitals are a religious obligation22 which, seen as an initiation ritual, which not only de- as a rite of purification, allows women to pray in termines the transition of social status, but also a proper manner. Although it is not possible to distinguishes between outsider and insider sta- find a direct relationship between religions and tus in relation to the group and the community. genital modification practices, in many countries Genital modification, when ritualised, sanctions the incidence of excision/mutilation among the the passage from childhood to adulthood and also Muslim population is higher23 than the incidence becomes a test of courage that aims to prepare the found among women of Christian, Jewish and child to bear physical pain without external mani- Animist faiths. But with regard to Nigeria, exci- festations18. Physical suffering experienced during sion is more frequent among Christians24 (60% of genital intervention is preferred to the ostracism women are excised compared with 20% of Mus- which afflicts girls who have not been operated lims), and only 15% of Nigerian women consider and therefore the event is accepted as a natural it to be required by their religion25. transition in the life of a woman. Such suffering is offset by the achievement of a new social status that generates pride for the family19. 20 Raqiya Haji Dualeh Abdalla, Sisters in Affliction. Circumcision and infibulations of women in Africa, Differences are also found with regard to the Zed Press, London 1982, p. 11. timing of the operation, which changes accord- 21 Berhane Ras-Work, Female genital mutilation, in 17 Ellen Gruenbaum, The female circumcision con- Sexual mutilations. A human tragedy, eds. George troversy: an anthropological perspective, University Denniston-Marilyn Fayre Milos, Springer Science, of Pennsylvania Press, Philadelphia 2001, p. 33. New York 1997, pp. 137-152. 18 Aud Talle, Female circumcision in Africa and be- 22 Janice Boddy, Body Politics: continuing the an- yond: the anthropology of difficult issue, in Trans- ti-circumcision crusade, “Medical Anthropology cultural bodies, ...cit., pp. 91-106; Hanny Light- Quarterly”, Vol. 5, n. 1, 1991, pp. 15-17. foot-Klein, Prisoners of ritual: an odyssey into female 23 Stanley Yoder-Shane Khan, Numbers of circum- genital circumcision in Africa, Haworth Press, New cised in Africa: the production of a total, DHS York 1989, p. 46; Lyda Favali, Fra leggi e modelli an- Working Papers n. 39, Macro International, cestrali: prime osservazioni sulle mutilazioni genitali Calverton 2008, p. 31. in Eritrea, Giappichelli, Torino 2002, pp. 51-52. 24 National Population Commission-ICF Macro, op. 19 Efua Dorkenoo-Scilla Elworthy, Female genital cit., p. 349. mutilation: proposals for change, Zed, London 25 UNICEF, The state of the world’s children 2015...cit., 1992, p. 26. p. 87; UNICEF, Nigeria. Statistical profile...cit., p. 3.

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1.3 Migration and Mutilation/Cutting a process that has been favoured both by fami- ly reunification, made possible by 1990 legisla- The large migration flows, which increas- tion31, and by the birth and education of children ingly affect the shores of the Mediterranean, also in Italy. So migration is no longer the preserve of concern Italy, which since the 1980s has become the male component, in fact, the growing pres- a territory of both destination and transit to oth- ence of females is recognised as a salient feature er European countries. Over the last decade, the of contemporary international mobility process- flows towards Italy have been characterised by a es32. This change is important because it sheds significant increase in the impact of women on new light on the composition of migration flows the overall migrant population. On January 1, and this new mobility indicates that roles and 2015, in fact, women accounted for 52.7% of the gender dynamics play an important part in the total of foreign residents, totalling 5,014,43726. functioning of global migration33, specifically, Regarding migration of African origin in Italy, the renegotiation of roles and family relations. according to the latest national data available, at This current situation, characterised by the the end of 2014, just over 1 million people were increase in migratory flows from the African identified as of African origin27 with male pres- continent and the relevant increasing feminisa- ence at the aggregate level of 58%. From recent tion, therefore obliges us to acknowledge that the overall figures, it can be seen that the more prev- phenomenon of Female Genital Mutilation/Cut- alent “model” among African migrants envisag- ting is now present in the countries of immigra- es a long-term immigration project with a gen- tion destination and new residence. It is precise- der bias in favour of men, who tend to play the ly in line with this awareness that this study has breadwinner role. been undertaken. We can no longer consider it a Yet Italy has been affected by a structural tradition to be analysed solely in the cultural and change in the African immigrant population social context of origin, but as a practice which which has become more numerous in recent has relocated to new areas together with the be- years with an increasingly more balanced gen- lief systems and attitudes related to it; it thus be- 28 der mix (of course with some exceptions). For comes urgent to undertake a new analysis with example, the Nigerian and Ethiopian communi- a cross-cultural and transnational perspective34. ties in Italy have always been distinguished by a greater female presence and the role of bread- winner is more typical of women than men. The 1.4 The FGM/C phenomenon in Italy feminisation of migration has had considerable and Perugia: Law 7/2006 effects, mainly contributing to greater stabili- ty of migrant groups and transformation of the In Italy there has been attention and interest “demographic collective in a population”29. This in the phenomenon of female genital mutilation/ finding is attributable to the process of normal- cutting since the 1980s, years which saw the first isation within the migrant population, with a manifestations of female migration from Africa. substantial balance between men and women30, With the steady increase of this migration to- 26 ISTAT (national institute for statistics) data, 1 January 2015, http://demo.istat.it/strasa2015/in- 31 Law n. 39 - 28 February 1990, in “Gazzetta Uf- dex.html (accessed 3 May 2016). ficiale”, n. 49, 28 February 1990. At: http://www. 27 ISTAT data, 31 December 2014, http://demo.istat. gazzettaufficiale.it/eli/id/1990/02/28/090G0075/ it/str2014/index.html, (accessed 3 May 2016). sg, (accessed 5 May 2016). 28 Aderanti Adepoju, Trends in international migra- 32 Stephen Castels-Mark Miller, The age of migra- tion in and from Africa, in International migra- tion: international population movements in the tion prospects and policies in a global market, eds. modern world, Palgrave Macmillan, New York Douglas Massey-Edward Taylor, Oxford Universi- 2003; Kalid Koser-Helma Lulz, The new migration ty Press, Oxford 2004; Giovanna Campani, Gen- in Europe. Social construction and social realities, der and Migration in Italy: State of the Art, Fem- Macmillan press, London 1998. ipol – University of Florence, Working Paper No. 33 Philip Kretsedemas-Jorge Capetillo-Ponce-Glenn 6 – WP4, Firenze 2007. Jacobs, Migrant Marginality: A Transnational Per- 29 Istituto Regionale di Ricerca della Lombardia spective, Routledge, New York 2014. (IRER), Indagine sulla presenza nel territorio lom- 34 LOCCHI, Maria Chiara. Brief reflections on legal bardo di popolazione a rischio in relazione alla sa- pluralism as a key paradigm of contemporary law in lute sessuale e riproduttiva e alle mutilazioni geni- highly differentiated western societies.Revista Bra- tali femminili, IRER, Milano 2010, p. 5. sileira de Direito, [S.l.], v. 10, n. 2, p. 74-84, fev. 2015. 30 Maurizio Ambrosini, Sociologia delle migrazioni, Accessed: https://seer.imed.edu.br/index.php/revis- Il Mulino, Bologna 2011. tadedireito/article/view/635

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 22 “This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration… wards Italy, and the reaction to the proposal (re- Italy seeking asylum from countries with cutting jected) for the alternative symbolic rite, advanced traditions - the greatest flows recorded are from in 2004 by the Centre for FGM prevention and Nigeria, Eritrea and Egypt38 - and requests for treatment at the Careggi University Hospital in asylum in 2013 amounted to 2,225. Italy is now Florence35, and in line with EU provisions36, the the fourth country in Europe by number of re- Italian Parliament decided to introduce a new of- quests received after Germany, Sweden and the fence into the Criminal Code. Netherlands. In January 2006 the Official Journal of the The adoption of provisions aimed at reg- Italian Republic published Law no. 7 Provisions ulating the practice has led to several concerns concerning the prevention and prohibition of fe- about the suitability and effectiveness of these male genital mutilation37. This ad hoc legislation instruments. The World Health Organisation has introduces and regulates two independent crim- declared that the adoption of laws against female inal offences: the crime of female genital mutila- genital mutilation is one of the most controver- tion and the crime of genital injury, introduced sial aspects of the movement for the eradication of as part of previous personal injury legislation and the practice. It has been proven that laws alone are covered by the Criminal Code in two new articles, not enough to promote social change, especially Art. 583b and Art. 583c. The penalties are very se- when they are imposed from above ex abrupto, vere and include imprisonment from three to sev- without providing for the real involvement of the en years. The legislation determines that the pro- communities concerned and in the absence of a visions also apply if the act is committed abroad plurality of attitudes which could testify to some (principle of extraterritoriality). In the relevant willingness on the part of the community to ques- parliamentary debate, the article which provided tion their customary legal structure. In these situ- for the granting of refugee status to women and ations social norms tend to outweigh the national their daughters who flee their country to escape law. Therefore, new laws, instead of defeating the FGM was not approved. Yet, according to recent practice, can push it underground, encouraging data presented by the United Nations High Com- both the lowering of the age at which girls are sub- missioner for Refugees (UNHCR), there has been jected to it and reducing community recognition a significant increase in the number of women in of the ritual values associated with the practice so 39 35 For details, see: Omar Abdulkadir-Lucrezia Cata- as to avoid, or limit, the risk of prosecution . nia, Ferite per sempre. Le mutilazioni genitali fem- In 2007 the region of Umbria was report- minili e la proposta del rito simbolico alternativo, ed by the Ministry of Health as a target territo- DeriveApprodi, Roma 2005. ry for the protection and prevention of Female 36 See, for example, Els Leye, Strategies for FGM pre- vention in Europe, in Female genital mutilation, ed. Genital Mutilation/Cutting given its inclusion by Comfort Momoh, Radcliffe Publishing, Oxon in the group of thirteen Italian regions in which 2006, pp. 73- 94. the phenomenon was recorded40. However, in the 37 Law n. 7 - 9 January 2006, Dispositions regarding the prevention and prohibition of female genital 38 UNHCR, Too much pain: Female Genital Mutila- mutilation practices, in “Gazzetta Ufficiale”, n. 14, tion & Asylum in the European Union. A statisti- 18 January 2006. Italy, as well as several other Eu- cal update (March 2014), UNHCR, 2014; UNHCR, ropean countries have enacted specific laws to ban Too much pain: Female Genital Mutilation & Asy- the practice: Sweden (1982), Norway (1995), Unit- lum in the European Union. A statistical overview, ed Kingdom (2003), Spain (2003), Belgium (2001), UNHCR, 2013. Austria (2002), Denmark (2003). For details, see: 39 Deutsche Gesellschaft für Internationale Zusam- European Institute for Gender Equality (EIGE), menarbeit (GIZ), Female genital mutilation and Study to map the current situation and trends of legislation, GIZ, January 2011; UNICEF, Changing female genital mutilation in 27 EU Member States a harmful social convention: female genital mutila- (MS) and Croatia, UE publication, 2013; Anika tion/cutting, Innocenti Digest, Unicef, Firenze 2005. Rahman-Nahid Toubia, Female Genital Mutila- 40 Ministry of Health, Department of Prevention tion: a guide to laws and policies worldwide, Zed and Communication, Directorate General of Books, Londra 2000. Since the early Nineties many Health Prevention, Review of the services provid- African countries have enacted laws against female ed at regional level for women and girls who have genital mutilation, such as: Egypt (2008), Ethiopia undergone female genital mutilation (Fgm), Rome, (2004), Benin (2003) Burkina Faso (1996), Côte 29 May 2007. Other regions reported by the Mini- d’Ivoire (1998), Eritrea (2007), Djibouti (1995), stry are: Valle d’Aosta, Lombardy, Provincia Au- Ghana (1994), Guinea (2002), Kenya (2001), Niger tonoma di Bolzano, Friuli Venezia Giulia, Liguria, (2003) Nigeria (2015), Senegal (1999), South Africa Emilia Romagna, Marche, Lazio, Abruzzo, Puglia, (2005), Tanzania (1998), Togo (1998). See, http:// Sardinia. In 2008 the Ministry of Health published www.npwj.org/it/GHR/Risorse.html-0 (accessed the guidelines for healthcare professionals on the 14 May 2016). issue of female genital mutilation.

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 23 A. Faraca same document it was stated that the phenom- phenomenon may be observed beyond the restric- enon was “almost entirely absent” in Umbria41. tions of the migrant local residence context. In Nevertheless, the inclusion of the region in this this study, as a prerequisite for understanding, it ministerial study led to the creation of the first re- was our intention to allow the women free expres- gional level work group for cutting practices, at- sion as active and central subjects, protagonists tended by representatives of the social and health of the African diaspora and cutting practices, in services and funds were allocated for the imple- order to develop a vision from within of the people mentation of the first, and so far only, research encountered. In the words of Emmanuel Levinas, project on the topic undertaken in this territory42. we tried to give them voices and faces, as opposed In August 2014, the press gave wide cov- to the usual vision of these women as a mere “ob- erage 43 to an arrest in the province of Perugia, jects” of investigation and therefore left unheard. later converted to house-arrest, of two Nigerian This paper analyses the life stories of nine parents accused of having subjected their two Nigerian women asylum seekers and residents daughters aged 4 and 10 years to “infibulation” of Perugia who have undergone the experience (this is the word used by the newspapers). In ad- of FGM/C in their country of origin. The survey, dition, in early 2015, another couple, again of Ni- conducted in English, was undertaken between gerian origin, asked the doctor who was treating March and July 2015 according to the in-depth their daughter where they could go to have the semi-structured interview method. A focus group child circumcised44. These local episodes confirm was also established with sixteen Nigerian women, that the FGM/C phenomenon is certainly pres- asylum seekers waiting for their claim outcomes ent, but also that it is covered by a cloak of se- from the competent authorities. The women in- crecy which is difficult to intercept and disrupt. volved in the survey were aged between 19 and Following certain statements recorded during the 45, originating from Southern Nigeria, specifi- interviews conducted in the course of my doctor- cally from the Edo, Ondo and Lagos states; all are al research, it can be said that the phenomenon is Christians. In order to guarantee and protect their present in this region and it exists in Perugia. Re- anonymity, the interviews are identified by a code. cently the Umbria region has begun working on The semi-structured interview procedure has the issue and in 2015 the Umbria reference centre allowed the women plenty of scope to talk freely for the study and prevention of female genital mu- about themselves and their experiences within the 45 tilation was established. interview rapport. This was necessary given that the words and experiences, the world view and 1.5 Research methodology life stories of the subjects interviewed are central to an understanding of the social context under The complexity of the phenomenon under investigation. The interviews were transcribed investigation, as well as the necessary sensitivity verbatim, retaining all grammatical inaccuracies or delicacy in approaching the topic, has encour- with the intention of retaining as well as possible aged the adoption of qualitative tools for the han- the expressiveness of oral rendition. dling of the relevant field researchhere interpreted The interpretative summary of the texts ex- as an environment within which to implement an hibits a thick description, recalling a well-known “ethnology meeting ground”46 where the subject concept of the anthropologist, Clifford Geertz47 41 Ministry of Health, op. cit., p. 62. i.e. a “dense” description enriched with the mean- 42 Fondazione Celli (ed. by), Mutilazioni genitali e salute ings and interpretations of the social and cultur- riproduttiva della donna immigrata in Umbria, Cen- al phenomenon investigated. To give more space tro Stampa Giunta Regionale Umbra, Perugia 2014. 43 See, http://www.umbria24.it/perugia-infibulazi- and weight to the words of the women encoun- one-su-due-bambine-ai-domiciliari-coppia-di-ni- tered, we have chosen to insert interview tran- geriani/307280.html, news 7 Agust 2014, (accessed script in vivo fragments throughout the study in 29 April 2016). 44 I owe this information to the Cidis Association order to capture and render the semantic richness which in spring 2015 was managing the welcome expressed in the body of the text. of this family in the Perugia area. 45 The newly-established Centre aims to promote 47 Concept theorized by Clifford Geertz as opposed and create a national network of scholars and ex- to thin description, namely a superficial description perts on the topic of female genital mutilation. deprived of meaning and interpretation. For de- 46 Marc Augé, Straniero a me stesso. Tutte le mie vite tails, see, Clifford Geertz,The interpretation of cul- di etnologo, Bollati Boringhieri, Torino 2011, p. 54. tures: selected essays, Basic Books, New York 1973.

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Sixteen Nigerian women living in Perugia due to death or abandonment of the family, while participated in the Focus Group (FG). During at the same time there is evidence of strong bonds the FG, held in English, a debate evolved which with different women; mothers, aunts and grand- focused on the issue of female circumcision with mothers. In fact, it is the women who look after the aim of exposing different opinions, interpre- the children, their needs and their education, as tations and reactions. Precisely to facilitate the will emerge later. Among these female figures, collection of information, a questionnaire was one, in particular, appears frequently during the presented with 25 specific questions on the topic, stories; she is not a member of the family and is items, also written in English. The FG was co-di- called simply “the woman” or “the madam” and rected by the author and the Arci manager for she offers to help the girl, to assist her education immigration in Perugia. This decision was con- and supports her efforts to build a future: sidered necessary in order to create a climate of serenity and confidence that favoured participa- I lost my father when I was 7 months old. I don’t tion by the female asylum seekers. even know my father... Things was rough for my mother, she’s taking care of my elder ones, so I decided to go. Somebody come to my mother and said they love the kind of person I am, if 2 Life Stories my mother will give me to them…to come and be staying with them they will take care of me The following pages present the analysis of in school, they will put me in school. So that’s the life stories, experiences and opinions of the how I go to Benin city and was staying with the Nigerian women interviewed in Perugia, the city woman. (Int. 6) where they live today waiting for their asylum claim outcomes from the competent authorities. These “madams” in fact, are members of As already mentioned, interview excerpts have criminal organisations who recruit young girls been used. into trafficking and international sexual exploita- tion. It has been found by previous studies48 that “The approach with potential victims is char- 2.1 Life in Africa, life in Italy acterised as being a kind of personal approach and based on false promises”49. Young girls are The interviews begin with the story of life in attracted by the promise of a better future and Africa before departure, before the voyage to Eu- the opportunity to continue their education and rope and Italy. This exchange, on the one hand, these aspirations are also viewed with favour “breaks the ice”, putting the interviewee at ease by their families because they are perceived as and establishing a rapport for interview dialogue, while on the other hand, helping the researcher 48 Adriana Bernardotti-Francesco Carchedi-Bene- detta Ferone (a cura di), Schiavitù emergenti: la and the reader to understand the world view of tratta e lo sfruttamento delle donne nigeriane sul these women in relation to their origins. Child- litorale Domitio, Ediesse, Roma 2005; Emanuela hood and adolescence, as told by the interviewed Abbatecola, L’altra donna. Immigrazione e prosti- women, is a carefree period. Nevertheless, chil- tuzione in contesti metropolitani, FrancoAngeli, Milano 2006; Laura Maragnani-Isoke Aikpitanyi, dren also contribute to the economy of the family Le ragazze di Benin city: la tratta delle nuove schia- by taking on housework and labour in the fields. ve dalla Nigeria ai marciapiedi d’Italia, Melatem- The family conditions are mostly characterised by po, Milano 2007; UNICRI- Associazione Parsec, Trafficking of Nigerian girls in Italy. The data, the poverty, often with limited schooling, although stories, the social services, UNICRI, Roma 2010; exceptions are possible. In fact, the level of ed- Giuseppe Carrisi, La fabbrica delle prostitute. Un ucation among the respondents is very low and viaggio nel mercato del sesso, dai villaggi della Ni- geria ai marciapiedi italiani, Newton Compton only a few have had the opportunity to complete editori, Roma 2011; Vincenzo Castelli, Il fenomeno primary school. This element emerged forcefully della tratta in Italia, in Punto e a capo sulla trat- during the focus groups and when requested to ta. Uno studio sulle forme di sfruttamento di esseri umani in Italia e sul sistema di interventi a tutela complete a multiple-choice questionnaire in En- delle vittime, a cura di Vincenzo Castelli, Franco- glish many of the participants said they did not Angeli, Milano 2014, pp. 23-68. know how to read or write. 49 Franco Prina, La tratta e lo sfruttamento della prostituzione di minori e giovani donne nigeriane A first common element that emerges in in Italia, Department of Social Sciences - Univer- their stories is the absence of the father figure, sity of Turin, Torino 2003, p. 13.

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 25 A. Faraca the only chance to leave Nigeria in the hope of cut from the armpits and groin, pieces of nails a comfortable life for the girl and her family. As are taken as well as a few drops of blood, usually expressed in the excerpt above, this new life typ- from the wrist, in some cases, menstrual blood ically begins with a first internal migration from is collected53. The girl is made to swear that she the village of birth to the nearest town, in this will repay the entire amount of debt and will not case Lagos or Benin City, both cities in the south report the “madam” to the police, once they ar- of the country. But when they become young rive in Europe. The strength of these rituals and women, they are ready to embark on a longer and oaths expressed as warnings or threats is due to more difficult journey within Africa: the belief system widespread among the people of Southern Nigeria. According to animist cults, so on a very good day she called me that now I if commitments made during the ritual are not have grown up to travel out, then I don’t know maintained, one risks becoming a victim of evil where they were bringing me to, she said she that can lead to madness and death, not only for wants to help me since I have been working for one’s self but also for one’s family. her, taking care of her children, doing sort of The risk of being involved in trafficking and things for her, she wants to help, there is one sexual exploitation is very high. There is concern man that want somebody, she said this country they are going to that place [she is referring to and suspicion on the part of some social work- Libya], because I do…I was a stylist. (Int. n. 6). ers who follow the women interviewed that some of them can be “recruited” on reaching destina- Here then emerges the dramatic reality of the tion, if it has not already happened in Nigeria, for trip and this assistance which is most certainly not street or indoor prostitution thus capturing them selfless: “she give me to somebody…so the person into the thick mesh of sexual slavery. In addition, now take me to down to Libya, getting there she we must consider that according to some studies, said that there is one place that she want to go and 80% of Nigerian women in prostitution in Ita- ly come from the states of Edo, Delta and Lagos keep me, … she said I will go to some area that 54 girls is doing prostitution …she told me “that is the with an age between 15 and 35 years , exactly money” I am going to pay to her.” (Int. n. 6). like the women interviewed. The “madam” can sometimes take on the If initially the trafficking routes were inde- role of a sponsor who provides financial guar- pendently based on air-travel, over time there antees for the journey to Europe50. Therefore, in has been a change caused by multiple factors, in undertaking this journey with the help of this particular the increase of controls at airports. In fact, today we see the emergence of overland trav- “benefactor” in reality a debt has been contract- el through Africa and sea crossings with landings ed; it must be repaid and the expected method is in Spain or Sicily. This has meant that the sex- prostitution - not the hairdresser work in which trade trafficking routes and those of the people many of the girls have been trained and which smugglers, once distinct, are subsequently often they imagine will be their occupation upon intertwined. Therefore a new strategy for crim- reaching Libya and later Europe. inal organisations has emerged in which the re- An important aspect in the trafficking of cruitment phase is simplified since girls to be ex- Nigerian women is the covert magical-religious ploited are intercepted amongst the women who attachment, namely that “element which at a migrate in search of a better life. symbolic and psychological level firmly subju- The decision is due to poor employment op- gates the women and binds their destiny to the portunities in their own country and the need for commitment undertaken, the debt incurred and, economic independence that would allow them therefore, the will of Madame “51. It is a magical to establish themselves and then to be able to im- practice called voodoo or juju52. During the ritu- prove their living conditions and those of their al, the woman is stripped, some locks of hair are families. The journey towards a rich north, or an 50 Ivi. 53 Ivi. 51 Franco Prina, op. cit., p. 16. 54 Esohe Aghatise, Trafficking for prostitution in Ita- 52 Gerrie Ter Haar (ed. by), Imagining evil: witchcraft ly. Concept paper presented at the “Expert Group beliefs and accusations in contemporary Africa, Af- Meeting on Trafficking in Women and Girls”, 18- rica World Press, Trenton 2007; Toyin Falola-Mat- 22 November 2002, Glen Cove, New York, p. 8. thew M. Heaton (eds.), Health, knowledge and Osita Agbu, Corruption and human trafficking: the belief systems in Africa, Carolina Academic Press, Nigerian case, “West Africa Review”, Vol. 4, n. 1, Durham 2006. 2003, pp. 1-13 (p. 7).

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 26 “This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration… area portrayed as such, seems an opportunity to in another facility located in the same city but be seized without in fact knowing where one is go- unknown to each other, it was their first meeting. ing, even when the destination is a place like Libya, Only for a few the Church is still a place not only which cannot be drawn on maps anymore. “So one for worship but also for community socialisation. day one of his sister now told me that she want to enter this route to come to Libya, because I don’t 2.1.1 The escape know where they call Libya. I said what are they doing there? She said that there, if I should have For all involved the arrival in Italy in Au- work there they will pay me good salary.” (Int. n. 3) gust 2014 was by sea voyage with rubber dinghies When telling their stories, the women in- or small boats following the resurgence of civil terviewed preferred not to dwell on the trip conflict in Libya in May 2014. Political instability because of very painful memories of what they and war have made departures from the Libyan experienced during the crossing of the desert be- coast to Italy more frequent and subject to fewer fore and later the Mediterranean, except for a few controls because of the lack of a central authority. short memories: The war has forced the departure of many Afri- can immigrants living in Libya, itself historically The stressful thing was that you have to pass a country not just for transit but also a destina- through the desert not by air…I started the jour- 55 ney, it was not easy, it was hell on earth, you pass tion for African economic migrants . But the sit- 56 through the sun, you pass through the hardship, uation, as reported by the United Nations , has you sleep on the cold floor, when you get to Lib- been aggravated by the spread of unlawful kill- ya you find out that it’s not just easy. (Int. n. 1) ings, attacks on civilians, arbitrary detentions, torture and violence against migrants and par- Once in Libya, in Tripoli, life is not easy, but ticularly against women by the many irregular for many an important role is played by the net- militias in the area. The women interviewed also work of fellow countrymen, Nigerians, but also described how the daily situation was dangerous, sub-Saharan Africans, met in that foreign land as they reported high risks of being subjected to a source of mutual help and support. The com- rape and restrictions on the movement of wom- mon origin creates a strong bond between people, en “women were restricted to going out, so many a bond interpreted as that of a family: things…raping, victimization.” (Int. n. 1) So the decision to escape, to leave Africa and We all are speaking the same language, so we come to Europe seems to be inevitable. In their are sisters, they take me to their house, I was liv- stories the women recollected how they moved ing with them. (Int. n. 6) in the peripheral countryside areas, far from the When I get to Libya I have to locate Nigerian, my city centre, waiting to set sail and risk their lives tribe, because it’s a tribal thing altogether, even on the trip: in the outside Nigeria, I found my tribe I now explained things to them. (Int. n. 1) We now saw many plastic something like bal- loon [blow blow], they were pumping it, so that’s In addition, as expressed by the women, it how they put me inside the boat and in that is essential to reconnect with each other “black thing, first of all, they will first of all put girls woman and black man” (Int. n. 23) also those ar- inside that boat [...] That’s how I get to this place. riving from other areas of sub-Saharan Africa. (Int. n. 3) This highlights the feeling of belonging to a larger community where sharing a common faith plays Or in the words of another woman, who de- an important role. In some cases the place of con- scribes the role of Libyan soldiers who force peo- tact and socialisation is precisely the church for ple - the Africans - to set sail towards Italy: Sunday mass. Interestingly, however, once they 55 Mattia Toaldo, Libya’s migrant-smuggling highway: arrive in Italy, this need to establish contacts with lessons for Europe, “European Council on Foreign Relations” n. 147, 2015, p. 6. the community of fellow countrymen or to create 56 United Nation Human Rights Council, Investigat- a network is not so prevalent. The women relate ing by the Office of the United Nation High Commis- mainly with the others being hosted in the same sioner for Human Rights on Libya, A/HRC/31/47, 2016, pp. 8-9. Available at: http://www.ohchr.org/ asylum seekers’ hospitality facility. In fact, the fo- Documents/Countries/LY/A_HRC_31_47_E.pdf, cus group was attended by some women staying (accessed 7 May 2016).

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They now captured us and put us especially 2.1.2 The arrival in Italy blacks in one place. The next day, they push us into the sea, they say go and die, you’re blacks are Once embarked on the journey, all the wom- meant to die. They even raped us, so many….. I en eventually arrive in Italy, landing initially in don’t want to talk about it. (Int. n. 1) Lampedusa, to be subsequently transferred to Umbria and Perugia where they enter the refugee The stories vividly portray agitated moments reception system operated by the Commune and of great fear and confusion about what to do or the associations in the area that organise accom- where to go, with a worsening and increasingly modation in hotels and private apartments. They dangerous situation. With the outbreak of the start their wait for the response to their right of conflict also the Libyans were leaving for Tunis. asylum requests. The arrival in Italy is experi- One girl was helped by the Libyan family for enced with joy, salvation soothes their fears, after which she had worked as a maid: “She said: the all, they are still alive and now there are those who only help I will give to you…people are running take care of them: “I can say that Italy is the one down to Italy. I said “where is Italy?” She said “it that rescue me.” (Int. n. 6); “I’m happy, I feel cared is a Europe country”“ (Int. n. 6).The moment for and loved for because they pay me, I can’t even escape takes place with the complicity of the night believe it, they give me a comfortable home, I feel and the story continues with the following words: secured.” (Int. n. 1) One night she [the employer] took me down to There is evident hope for a new life in Italy, a one place, I was hearing the sound of water, I country for which they express gratitude but also asked her “where are we?”, she said I shouldn’t an initial disorientation. It is certainly not easy to ask her and to enter any boat I see people enter- fit into a new environment and start over when ing, that’s how I found myself here. In the mid- you do not know the language, social customs night, people were entering the boat, she said I and norms: “In the beginning I was surprised should go. (Int. n. 6) how I am going to cope in this country? I don’t understand the language, I do not understand In telling these stories the women’s voice are their things.” (Int. n. 2) sometimes anguished. I understand that they do Albeit with difficulty another issue arises, not want to remember the details of that trip, they that of racism. In addressing this topic during speak with great difficulty of the experience that the interviews there was a certain tendency to ap- has seen them face so many threats and dangers, pease the researcher, i.e. the interviewees tended two of them were also pregnant. In 2014, accord- to respond in a manner which they thought would ing to available data, the number of refugees who satisfy the interviewer’s expectations. This likeli- crossed the Mediterranean to the Italian coast hood is well known in social research, and there- was 170,100 of which 9,000 originated from Nige- fore it must be taken into account. When asked if ria, this latter figure doubled in 201557. The max- they have ever been victims of acts of racism, the imum quota of asylum seekers assigned to the interviewees evidently played down the reality of Umbria region is 1,554 people, of whom 1,181 in the situation by stating that the attention given the province of Perugia. To date the province of to this issue is exaggerated, that people are always Perugia hosts 970 asylum seekers, the rest are in friendly and kind to them. Yet, in the course of the province of Terni, mainly from the following conversation, stressing the confidentiality re- sub-Saharan countries: Nigeria, Ghana, Mali, So- served for them and the non-judgmental attitude malia and Ivory Coast58. on the part of the listener, this veil fell and some women revealed that they were involved in racist 57 Ministry of the Interior, Rapporto sull’accoglien- incidents which occurred in everyday situations za di migranti e rifugiati in Italia, Roma, ottobre such as receiving insults while walking on the 2015, p. 5. street or getting a rejection of their offer to yield 58 For details, see, http://www.consiglio.regione. umbria.it/accoglienza-profughi-la-prima-commis- their seat on the bus because it was supposedly sione-ha-incontrato-i-prefetti-perugia-e-terni-af- dirty. Women are much more exposed to such frontata-la, (accessed 7 May 2016). See also: Co- phenomena of discrimination, and particularly operativa Sociale Perusia-ANCI (eds.), Rifugiati in Umbria 2001-2012, Perugia 2013, pp. 70-78. Avail- migrant women. Precisely in relation to these pro- able at: http://www.perusiasociale.org/documenti/ cesses scholars of Gender Studies have identified a rapportoregionale2012.pdf, (accessed 7 May 2016).

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 28 “This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration… triple discrimination: migrant females suffer dis- act of passage that marks a change of status from crimination as women, as migrants and in rela- child/teenager to adult woman and then defines tion to social class. They thus form what has been membership within a particular group. termed a “Trimurti of characters” that defines the In this context, however, given the very role of immigrant women in the host society59. In young age of the girl, this aspect of rite of passage addition, in our case, we can add the legal status does not prevail. Therefore, these rituals are bet- as asylum seekers that relegates these women to a ter categorised as acts of demarcation61 through further state of social marginalisation due to the which are established gender and sexual identity absence of personal documents and uncertainty making the distinction between male and female about their chances of staying in the country. and establishing social gender differentiation. Ac- Despite these incidents, all intend to remain cording to a widespread ancient belief, the baby in Italy and Perugia, they want to learn Italian has two souls, a sign of sexual ambiguity that must and get a job that would enable them to live in be corrected and redefined. In some communities dignity and be able to help their family in Nigeria in Nigeria, particularly in the states of Ekiti and with whom they keep in touch, for some even on Osun62, it is believed that the clitoris if not cut, can a daily basis through social media and the Inter- be dangerous for the baby, later causing insanity net. These women now plan their future in Italy or even death. The same belief is associated with while waiting to see if they can stay or not. The contact with the male genital organ that could latest available data relating to 2012 indicates that result in the death of her husband. In general, it in the Umbria Region, only 20% of the refugees appears as if the clitoris and female genital organs have gained the recognition of a form of protec- are conceived as potentially threatening for indi- tion, while the remaining 80% of the applications viduals and communities, and therefore must be were rejected60. cut, controlled and repressed. Recently we have witnessed the reduction 2.2 The practice of circumcision in of the ceremonial element in some communities, in part presumably linked to punitive legislation Nigeria: “circumcision is beautiful!” against the practices that discourages public dis- play, together with increasing medicalisation, 2.2.1 The significance of the practice namely the tendency to delegate operations on fe- male genitalia to doctors and health care workers The dialogue with the Nigerian women now in hospitals to overcome the most serious imme- moves to the real focus of the research: cutting or diate harmful consequences of the practice. The female genital mutilation. As has been reported latter circumstance is a reality in countries like and as studied in anthropological literature with- Nigeria where, in recent years, there has been a in the context of initiatory rites of passage, genital high rate of medicalisation63. During the course circumcision is an ancient tradition for the prac- of the interviews, the women related how doc- ticing groups involved. Within the home-commu- tors, considered as people of science and there- nities of the respondents interviewed, this ritual fore occupying prominent social positions, today usually takes place within seven days of the child’s have a fundamental role in the family’s decision birth and is performed by a traditional midwife to circumcise their children or not: “It is the who has a special social status and, by virtue of doctor who will decide whether I would do it or her specific role in this task, receives payment in not… they have studied it, we have not studied, cash and in kind. In initiation ceremonies, the rit- and they know the right thing to do.” (Int. n. 2) ual assumes a fundamental symbolic value as an The operations carried out by trained per- 59 Caroline Brettell-Rita Simon, Immigrant women: sonnel at health facilities are in demand because an introduction, in International migration: the they certainly reduce the risk of infections due to female experience, eds. Caroline Brettell-Rita Si- the poor hygiene which characterises the opera- mon, Rowman and Allanheld, Totowa (NJ), 1986, pp. 3-20; Giovanna Campani, Genere, etnia e clas- 61 Pierre Bourdieu, Il dominio maschile, Feltrinelli, se: categorie interpretative e movimenti femministi, Milano 2014, pp. 34-35. in Donne migranti. Verso nuovi percorsi formativi, 62 Mairo Usman Mandara, Female genital mutila- eds. Franco Cambi-Giovanna Campani-Simonet- tion in Nigeria, “International Journal of Gynecol- ta Ulivieri, Ets, Pisa 2003, pp. 48-70. ogy and Obstetrics”, n. 84, 2004, pp. 291-298. 60 Cooperativa Sociale Perusia-ANCI (eds.), op. cit., 63 UNICEF, Female genital mutilation/cutting: a sta- p. 76. tistical overview...cit., pp. 42-45.

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 29 A. Faraca tion as performed in the bush or in the home by of discussion about circumcision apart from my traditional operators. It should be stressed that mum telling me the reason why they do it. I’ve medicalisation of the practice can contribute to not have any meeting or coming to talk about it, its continuation and promote the mistaken be- no. (Int. n. 8) lief that it is a legitimate medical procedure and, therefore, promote its social standardisation. In On the reasons for cutting women’s genitals, addition, this trend could lead some doctors to all agree that it is a practice that belongs to tra- perpetuate the practice for reasons of profession- dition; it is a consolidated practice, handed down al advancement and profit64. from mother to daughter as a commonly accept- The women we met are not used to talking ed inter-generational practice and as such is not about the practice of cutting or genital circum- called into question. Indeed the practice is con- sidered as a duty to be fulfilled: cision, often considered a taboo in their families and communities. In fact, except for some who That’s what they’re doing in our tradition, ac- said that they had spoken with their mothers cording to our tradition, that is why she [refer- on the subject, for the others the occasion of the ring to her mother] did the same thing to us. interview was the first time they had faced the (Int. n. 3) question: “We don’t talk about it, no one has told This is a normal thing they’re doing...where I me “let’s talk about it” before.” (Int. n. 2). While a come from we see it as a homage, something you further confirmation that cutting is not a topic of have to do. (Int. n. 1) discussion among women emerged during the fo- It’s because our tradition, you must circumcise cus group, during which the participants realised a child that’s how we grow up in our family, all our family we are circumcised, so when we born that not all women have their genitals altered, as our baby, our baby will be circumcised too. They one of them subsequently reported: “I think ev- must circumcise them…it’s the law, so we can- erybody in the world does it, I don’t know that not say no. (Int. n. 4) it’s a crime in some parts of the world [...] I never knew that it’s not even existing anywhere! I never But it is important to understand what is knew until yesterday, I was shocked.” (Int. n. 1) meant by “tradition”, what is the precise moti- We can consider this statement as a possible vation behind this act, deemed necessary, which effect of migration: the chance to meet and talk modifies the body of women while still children. freely with other women, compatriots or other- From the data collected, and extensive literature, wise, helped to initiate discussion on the issue and it emerges that this cutting tradition is intended to acquire a different awareness about cutting. The to regulate the woman’s body, whose sexuality is findings suggest that not only is the subject itself perceived as a lustful instinct that must be subju- seldom treated in the family or in the group but gated, perceived as something immoral that can also that little or nothing is known about the expe- only be practised within marriage for reproduc- rience or the views of other women. Information tive purposes. In particular, as already explained is scarce because opportunities for confrontation the clitoris is considered by men to be an aggres- are lacking. The theme is not conceived as a theme sive and menacing organ, as do women them- of interest or a pressing issue; it is taken for grant- selves who, through the act of cutting, avert the ed that all women carry this distinguishing mark risks of infertility and promiscuity65: which is perceived as normal and natural because, as originally stated, it pertains to tradition: It said that if a woman is not circumcised she would be...she will need sex every time, but if she It’s a kind of not much a problem, it’s not much is circumcised she would enjoy it without feeling anything, no discrimination...because we believe anything, that’s why I think it’s good that I’m cir- in, we assume that everyone that is from Nigeria cumcised. (Int. n. 2) that [is] circumcise, so we don’t even talk about Woman circumcision is good, that a woman that it. So yesterday [referring to the focus group] was is not circumcision will be feeling scratch in her actually the first [time] in my life I have this kind 65 The emphasis on female chastity is not solely due to the belief in the aggressive nature of women’s 64 WHO, Global strategy to stop health-care pro- sexuality, but it is concerned with the control of viders from performing female genital mutilation. women’s reproductive capacity and with the cer- UNFPA, UNHCR, UNICEF, UNIFEM, WHO, tainty of paternity associated with the retention of FIGO, ICN, IOM, MWIA, WCPT, WMA, WHO property and inheritance rights. See: Raqiya Haji Publications Geneva 2010. Dualeh Abdalla, op. cit., p. 60.

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private part […] because any girl that is not cir- thus becomes a space of social construction in cumcised will like men, will like sex. (Int. n. 3) which social relations are enacted. From the evidence, it is clear that the prac- Such motivations are characterised by the tice, in its rituals and in its execution, is typically a importance attached to female sexuality in order female activity, for women only, whereas the male to assure the protection of virginity and control of remains on the sidelines if not altogether excluded. chastity, considered essential elements to ensure However, this does not necessarily mean that men fitness for marriage and purity of the woman: are not taking part in the decisions to have their daughters cut, or complicit in the continuation of In Nigeria, there is this mentality that it’s good the practice. It is manifest, however, that it is wom- to keep your virginity for your husband, if not en who take care of the preparations and who ac- for being a Christian, they say that it’s a dignity, company the children to the ritual, during which it’s a prestige. Your husband will know you’re a good woman. (Int. n. 9) they play the active role. Likewise, because of the well rooted and internalised social constraints, it is Most of the social contexts in which the prac- women who defend the continuation of the prac- tices of genital modification are commonplace are tice, required by families to protect their daugh- characterised by a patriarchal structure in which ters, and assure them a future, since it is also this the role of women is subordinate, where their sex- ritual that defines their social status within the community and their economic security as wives uality and virginity are under male control and 68 on which depends the honour and respectabil- and mothers . In fact, men would not marry an un-excised woman, considered an outcast from ity of the whole family. The cutting practices are 69 therefore justified as a means of subduing the oth- society and a potentially unfaithful wife . erwise uncontrollable sexual desire of women and thus preventing premarital or extramarital sexual 2.2.2 Marriage and bride price relations, thereby ensuring the fidelity of the wife who has to assume a modest sexual behaviour66. Following on the previous discussion, it Otherwise, there is the risk of being stigmatised clearly emerges that genital cutting practices are by society and by one’s families: closely associated with marriage because it is one of its fundamental preconditions; the operation In Nigeria if you’re a married women and you which changes the female genitalia make the girl sleep outside, if the people know, they will dis- a future bride/wife and is therefore considered as a grace you, you’ll go naked, they will disgrace preliminary requirement for the wedding: you, they will even beat you up, they will chase you out, so that’s our believe. (Int. n. 8) People they don’t circumcise…they can’t, they can’t marry one man because one man will not The FGM/C phenomenon thus acts as a form be enough for them; say so many things that you of control of the body and sexuality that has seri- will like to be sexing every time and no man will ous physical and psychological consequences, as like to that especially in Nigeria. (Int. n. 1) an act of subordination to male domination and an expression of gender inequality that assigns For if a woman has not been “purified” by women a subordinate position in society. The reg- the ritual operation she cannot marry and have ulation of sexuality and reproduction in women children. It is a fundamental aspect in obtaining becomes a group expression of identity; women recognition of social status within the community, and their bodies are “the symbolic-cultural centre where societies register their moral system”67. The 68 Ellen Gruenbaum, Reproductive Ritual and Social bodies of women are shaped within and across Reproduction: Female Circumcision and the Sub- ordination of Women in Sudan, in Economy and cultural and social affiliation dynamics, the body Class in Sudan, eds. Norman O’neill-Jay O’brien, 66 Michel Erlich, La femme blessée: essai sur les mu- Gower Publishing, Brookfield 1988, pp. 308-325. tilations sexuelles féminines, L’Harmattan, Paris 69 Cecilia Gallotti, Le Mgf come posta in gioco nei 1986, p. 177; Esther Hicks Infibulation. Female processi di cambiamento culturale, migranti nige- Mutilation in Islamic Northeastern Africa, Trans- riane e servizi socio-sanitari in Emilia Romagna, in action Publishers, New Jersey 1993, pp. 73-74. Migrazioni. Generi. Famiglie. Pratiche di escissione 67 Seyla Benhabib, La rivendicazione dell’identità e dinamiche di cambiamento in alcuni contesti re- culturale. Eguaglianza e diversità nell’era globale, gionali, eds. Daniela Carrillo-Nicola Pasini, Fran- Il Mulino, Bologna 2005, p. 119. coAngeli, Milano 2009, pp. 185-265.

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 31 A. Faraca as well as a guarantee of economic security and In our culture, it’s like every woman must marry, thus a better life expectancy. In such contexts vir- but if you don’t marry people will laugh at you, if ginity becomes an important economic factor, as you’re above 25, 26 and you did not marry, you’re also the bride’s dowry depends on it and it is there- walking on the street someone insult you, if you fore counted as part of the marriage transaction. come back to your home, your parents will make house uncomfortable for you, they will tell you During one of the interviews we also had your mates are married, you’re here eating my the presence of the husband of one of the inter- food, go and marry, face your home, they will viewed women who, feeling personally involved chase you away, you will be in pains, maybe you on this issue, wanted to join the conversation by will commit suicide, some people will take their explaining clearly the function and meaning of bags, they will leave, they will never come back brideprice in Edo State in Nigeria: again, because we believe in family that a mar- ried person have dignity. (Int. n. 1) If I want to marry her, they [referring to the bride’s parents] will ask me to come and pay the 2.2.3 The opinion of women: the power of money for the bride price. The bride price sim- ply stands for the money that they used to cir- tradition cumcise her. That is the respect and the honour of that circumcised. Then, if they have not cir- What do the women interviewed think about cumcised her, the parents have to circumcise her the practice of mutilation or cutting of the exter- [before the marriage], otherwise the bride price nal female genitalia? In light of the observations have no value. (Int. n. 7) presented so far, it may not be surprising to dis- cover that, in general, the practice is assessed pos- The dowry, defined as brideprice or bride- 70 itively by women, albeit sometimes judged to be wealth by anthropologists , is the amount in ma- painful “Female circumcision is good…is beauti- 71 terial and symbolic assets , paid by the groom’s ful!” (Int. n. 3). Other respondents have been even family to that of the bride after the conclusion of more explicit on the subject: marriage agreements. Through these agreements, the bride’s family will be rewarded in exchange I think it’s good to circumcise a child when it for the woman’s virginity and fertility, as ensured is delivered, that is just what I think. For me if by the cutting practice. It is clear that within I deliver a child when it is 7 days old, I will find these matrimonial conventions, female genital someone to help me do it because it’s a normal mutilation/cutting plays a central role whereby thing to do. (Int. n. 5) “women believed that men would not marry an It’s a good practice to circumcise your body [be- unmutilated woman, and men believed that an cause] I can resist it [the urge of sex]. (Int. n. 6) unmutilated woman would not be a faithful part- ner in marriage”72. The women’s stories do not manifest the neg- 74 In this complex system which combines ative effects usually associated with cutting , this various factors such as virginity, chastity, genital could be related to the fact that all have undergone modification and the ability to procreate, we un- the practice during their infancy, so they do not derstand that the concern for ensuring a proper have those memories which are typically the source marriage and offspring is one of the major deter- of trauma and mental disorder. Moreover, none minants of the continuation of the practice togeth- of them has yet faced the moment of giving birth, er with the related social pressures73: considered by doctors to be a particularly difficult 70 Carla Pasquinelli, op. cit., pp. 94-103; Mila Buso- 74 For more information see: Dan Reisel-Sarah M. ni, Il valore delle spose: beni e persone in antropolo- Creighton, Long term health consequences of fe- gia economica, Meltemi Editore, Roma, 2001. male genital mutilation (FGM), “Maturitas”, Vol. 71 Premarital exchange agreement provides for the 80, 2015, pp. 48-51; Peggy Mulongo-Sue Mcan- transfer of goods and economic resources, as well drew-Caroline Hollins Martin, Crossing borders: as for the fundamental stipulation of family alli- discussing the evidence relating to the mental health ances and kinship relations. needs of women exposed to female genital mutila- 72 Gerry Mackie, Female Genital Cutting: the be- tion, “International Journal of Mental Health Nurs- ginning of the end, in Female “circumcision” in ing”, n. 23, 2014, pp. 296-305; Rigmor C. Berg-Eva Africa: culture, controversy and change, eds. Bet- Denison-Atle Fretheim, Psychological, social and tina Shell-Duncan-Ylda Hernuld, Lynne Rienner, sexual consequences of female genital mutilation/ Boulder, 2000, pp. 253-282. cutting (FGM/C): a systematic review of quantitative 73 Ellen Gruenbaum, The female circumcision con- studies, Report from Norwegian Knowledge Centre troversy...cit., p. 87. for the Health Services, n. 13, Oslo 2010.

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 32 “This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration… time when it is possible to suffer complications due virginity, to respect it and protect it regardless to the modification of the genitals. Another factor of genital cutting. Their behaviour in society de- to consider is the extent of the excision, which in pends on the education received and not only in milder forms may not be so devastating, and may relation to having been excised or not: not have significant consequences for the health of the woman. Numerous studies75 have found My mummy said that any female child that is not that women who have undergone genital modifi- circumcised will like to go outside with man, she cation do not lose sexual sensation and pleasure, will do it, but if I advise her [referring to her fu- thus showing a lack of correlation between genital ture daughter] that any female child that is not circumcised needs to respect her virginity, she modification and the effective control of female will did the same thing, she will respect herself sexuality, as has been clearly stated: “It is clear […] education is the best legacy for our children. that female sexuality is neither destroyed nor un- (Int. n. 3) affected by female genital cutting. [As] reported in a study of Ibo people in Nigeria that clitoridec- However, what emerges is that these women tomy did not diminish a woman’s libido, contrary have introjected the relevant meanings and beliefs to the widespread belief that excision would affect based on the socio-cultural motivations, deeply 76 sexual desire” . rooted in their communities, that underlie the It is particularly on this aspect that some cutting practices and sustain their continuation. women express their concerns and criticise about The key reference figures in this process are, once the effectiveness of the practice as a control of again, mothers and grandmothers. Many respon- sexuality citing personal experience: dents defend the decision of their own mothers to subject them to cutting because they followed Some people when they grow up, even if they cir- a well-established ritual tradition intended for a cumcised them, they always have urge for sex. So good purpose. When asked if they would them- to me I now come to understand that this thing is crazy, it’s not working. Like me, they circum- selves do it to their daughters, one of the inter- cised me but I have feeling for sex, I can have sex viewees replied: anytime I want. (Int. n. 1) I would love to do it to her, my mum did to me, In other accounts it emerges that cutting is this is what we do, I will do it, freely, because to me, I’m just thinking that it’s a normal thing, considered important and the practice is judged I think it’s nothing, to me, that’s what they’ve favourably, but not to the extent that it guarantees been doing, they do it to everybody so I would the appropriate and compliant behaviour of the love to do it to my kids. (Int. n. 1) child. Therefore, a fundamental role is delegated to parents as educators of their children: In the life stories gathered and reported here, what emerges on several occasions are the strong I said it’s the way you train your child. Some peo- contradictions in what is expressed about the ple say that when they don’t circumcise girl they practice and the personal opinions about it: the will go like sex, sleep around but it’s the way you train your child that will make her want to sleep women are in favour of its continuation because or not. (Int. n. 4) it is deemed a good practice but at the same time, they do not understand its effectiveness. These So according to these women, it is necessary positions are not false or unreliable, but they to educate one’s daughters on the importance of clearly testify to an initial questioning of the sig- nificance of cutting, on the choice to perpetuate it 75 Carla Obermeyer, The consequences of female or not, and on how necessary it is. Taking into ac- circumcision for health and sexuality: An update on the evidence, “Cult Health Sex”, n. 7, 2005, pp. count the migratory context in which these wom- 443–461; Id., Female Genital Surgeries: the known, en are now living their daily lives and planning the unknown, and the unknowable, “Medical An- their future, it is important to assess the impact thropology Quarterly”, Vol. 13, n. 1, 1999, pp. 79- 106; Lucrezia Catania-Omar Abdulkadir- et. al.; of migration, in a changed social context, on their Pleasure and Orgasm in Women with Female Geni- opinions, attitudes and behaviour towards cutting tal Mutilation/Cutting (FGM/C), “Journal of Sexual practices. It can be assumed that this dichotomy Medicine”, n. 4, 2007, pp. 1666–1678. can evolve in two distinct orientations: on the one 76 Ellen Gruenbaum, The female circumcision con- troversy...cit., p. 156. hand, it could exacerbate the positions in favour of

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 33 A. Faraca tradition while the other hand it may encourage a tail social and cultural remittances which convey process of abandonment of the practice altogeth- to the family back home those emancipation-re- er. In particular, in the course of the migration ex- lated values which have been part of their migra- perience, cutting practices may acquire relevance tion experience79. Women are therefore actors in as an act of conservation of ethnic identity and the construction of new female identities which social acceptance. Adhering to tradition meets combine elements of the cultural heritage of ori- the needs for a stable sense of collective belong- gin with those that are being acquired in the host ing whereas a sense of insecurity and loss of their country: roots in the migrant context can push the mem- bers of diaspora communities to hold fast that it is women who, by tradition, education and value and normative system to which the cutting knowledge know how to renew, or maintain, the practice pertains. In the context of origin, family threads of affective life, restoring meaning and or community members, can exert pressure and value to gestures and rituals, reinterpreting the norms and cultural practices in everyday life. influence on the “expatriates” to maintain and ob- These are the roles that ensure, on one hand, the serve rituals and traditions; imperatives that are links with the past and the collective memory, even more stringent in anticipation of a possible and on the other, the integration of values and permanent return to the home country. behaviour of the present, of the here and now80. However, a different socio-cultural environ- ment greatly influences the modes of practice and 2.2.4 “This is not my fatherland”. The impact manifestation of the culture of origin by promot- ing a process of redefinition of traditional models of the law here and elsewhere and cultural and symbolic categories. On arrival into a new social context and following contact With reference to the above scenario, a ma- with the culture of the host country, over time jor role is given to the Italian legislation prohibit- there is a tendency on the part of migrants to as- ing genital mutilation. It becomes a decisive factor similate the structures and models of the society in the system of opinions and attitudes adopted into which they are accepted77. Women do play by women towards cutting practices. On learning an important role in this contest which opposes that the practice of genital excision is considered a modernity against tradition and identity transfor- criminal offence in Italy, both in the course of the mations against cultural defences. The positions interviews and during the focus group meetings, are still very mixed between those who support the initial reaction of the women was of amaze- the practice and live out their traditions as a nat- ment and dejection because none of them was ural occurrence, a voluntary choice of which to be aware of the legislation: proud, and those who oppose the practice because they perceive it as a form of violence and oppres- I was not comfortable, because I feel my kids, they belong to me, and I feel like they should ex- sion. It is women who are entrusted with the tasks perience some things like how we used to do it. it of reproduction and transmission of cultures, for was real…shock! I think everybody in the world 78 this they are defined ascultural carriers . But in does it, I don’t know that it’s a crime in some migration contexts, these values ​​and categories parts of the world. I never knew until yesterday, I are redefined and renegotiated precisely because was shocked. (Int. n. 1) cultures and what they bring are not static and watertight but dynamic and changing. It emerges from their words that they were Women of the diaspora play an important totally unaware of the existence of the legislation role in the processes of maintaining transnation- and the related criminal offence due to lack of in- al ties linking the society of origin with the host formation about it from the institutions and re- society. Such ties are in part economic, as repre- ception personnel on arrival. This is despite the sented by financial remittances, but they also en- fact that the legislation itself provides for advice 77 In relation to the impact of migration on the 79 Peggy Levitt, Social remittances. Culture as a de- abandonment process of cutting practices, please velopment tool, Wellesley University Press, Welles- refer to the texts cited in the footnotes 50-58. ley (MA), 1996. 78 Floya Anthias-Nira Yuval-Davis, Introduction, in 80 Graziella Favaro, Per la famiglia, per sé, per i fi- Woman-Nation-State, ed. by Floya Anthias-Nira gli. Progetti, legami familiari e ruolo materno nella Yuval-Davis, Macmillan, London 1989, pp. 1-15 migrazione femminile, in Donne migranti…cit., pp. (p. 9). 443-462, (quotation on p. 445).

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 34 “This is not my fatherland”. Female Genital Mutilation/Cutting in the context of migration… dissemination and the promotion of prevention And as reported by another interviewee: and information activities for immigrants from countries with traditions of cutting upon their ar- I have to abide by the law, because I don’t want to rival at the Italian border or when processing the have any problem with the law. So even if I don’t visa. Their frustration refers, in particular, to not like it, but the law says don’t do this. Like the being able to respect their traditions and therefore experience I having in Nigeria, if you want to go to some far places, you enter bike, motorbike, it’s not being able to pass on to future children those not costly, but when I came to Italy….you have values and educational models conceived as de- to buy ticket, 1.50 cents, so if I convert the mon- terminant for community cohesion and identity. ey to Nigerian money, it’s costly, so if they catch As previously reported, those decisions fall on the you, you have to pay multa. So even if I don’t like entire extended family that can create pressure it, I must do it, so I have to cope with the new for the implementation of cutting rituals. Indeed, things I’ve come to be. (Int. n. 8) there is further evidence concerning the role of the family, in this case the future husband’s fam- Also relevant to this effect are the following ily with regard to relations with the future moth- words that further underline the drive towards er-in-law or sister in law. According to established the adoption of appropriate behaviour required social codes, the elderly are the endowed with by the new life context in a spirit of adaptation: enormous respect because they are considered a source of wisdom and custodians of the tradi- If you cannot beat them you join them. Now we tions. These roles must be respected to the same are in your country, all your rule we have to fol- extent that the relationships within the inner fam- low it. Italy don’t circumcise, so if I have a child ily must be protected: here, I will not circumcise them because I have to follow the rules and regulations. We can’t beat you people, we have to join you people. (Int. n. 7) If I am in Nigeria, if she [her mother in law] say I should do it in Nigeria, [if] she wants to do it to her own grandchild, we will do it...she should go The position taken by the Nigerian women is ahead because it’s her own grandchild...I don’t closely tied to their legal status as asylum seekers: [have] any option because it’s not me that owns they are all waiting for the outcome of the asylum the child only. Because if I do not do it, she will application from the relevant authorities. Pre- go outside and say to people that my son’s wife sumably this legal status has favoured the sudden didn’t respect me, she didn’t’ t do this. (Int. n. 3) rejection of a practice judged by them to be nat- ural and traditional in order to comply with the But while there is a clear identification of the rules and avoid problems with the Italian State, in role of the family in Nigeria, there is also empha- particular the related risk of refusal of the asylum sis given to the role of the criminal law in Italy. In application. This is why the opinions expressed fact, all the women surveyed promptly declared are characterised by contradictions based on the their intention to comply with the regulations of dichotomy favourable and contrary to the prac- the country in which they reside. A position that tice “because I don’t want to have any problem highlights the difference between wanting and with the law.” (Int. n. 8). However, it must be em- having to adapt to the legal provisions generat- phasised that this distancing from the practice is ing a sense of resignation and impotence due to not the result of a questioning of the reasons that the fact of being in a foreign country, not being are the basis of its perpetuation, such as the con- at home: trol of women, or the possible risks to health or the doubtful effectiveness of the practice; rather, I will follow the law, the rules and regulation it is the effect of fear of incurring penalties due to in Italy, if they are doing circumcision here, I legislation that acts as a deterrent to the practice will circumcise my child, but if they’re not do- of cutting: “If there is a punishment, you will be ing circumcision, well, I don’t have any option, I will take what they said. If they say they will afraid to do anything you want to do” (Int. n. 4). circumcise the girls I will allow them, if they say The opinion of women about female circumcision no, I don’t have any option, I will leave them, I has not changed, for the respondents it is a good don’t have any option, this is not my fatherland. practice with positive results, with some excep- (Int. n. 3) tions, despite the presence of the law which has led them to distance themselves from it. This de-

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 35 A. Faraca tachment is manifest only in Italy, because if they 2.2.5 Possible changes? were in Nigeria they would certainly follow the local traditions and social customs that regulate During the interviews, when focusing on circumcision. We note in fact a superimposition the current situation in Nigeria, the subject of of meanings regarding the use of the term “law”; the presence or absence of changes in loco with whereas in Italy this word is associated with the reference to the issue of female circumcision was state law, in Nigeria it has the meaning of cus- raised. The interviewees depicted their mother tomary law as sustained by tradition: country as a place of constant change and tur- moil. With reference to the issue of female cir- It’s our law in Nigeria, you must circumcise cumcision, their perception is that of a reduction a child. When a baby is born you must do it. in the spread of the practice due both to informa- (Int. n. 5) tion on health risks promoted by some doctors It is our own rules I will do it because if I don’t opposed to it and to the state ban on the practice do it, I will have a problem with my family rela- tions. (Int. n. 7) in hospitals. Such statements in part reflect the available data published by UNICEF which indi- But the migrant condition changes the out- cates that the incidence rate at the national level look, the desire not to have problems in the coun- has shown a decrease in recent years, but on the try of new residence and the need to integrate contrary, there has been increased recourse to the into Italian society pushes them to take a stand use of hospital facilities (the evolution of so-called even against the family in Nigeria and to reject medicalisation, see above). the pressures for female circumcision. The condi- The opinions of women are clear about how tion of no longer living in the home country frees to activate a change in the phenomenon in Ni- the migrant from slavishly following tradition or geria: according to them it can only come from the wishes of the family: above, i.e. government authority at the central level (Nigeria is a Federal Republic composed of I have already respect them [traditions], if I am 36 relatively autonomous states), or by traditional there I will do what they [the family] say I should leaders, influential figures such as the Oba in Edo do, but since I am not there, I don’t have any op- State82 “In Nigeria, the only person that can do it tion to do what they say...It’s not compulsory that [stop the practice] is just the Oba of Benin, the I must do what my tradition wants since I am not Oba of Benin. So if he say he don’t want the law in that country again [...] So she [referring to her anymore, they change it.” (Int. n. 4) mother in law] don’t have right to question me A change from the bottom up is inconceiv- because of this circumcision issue say why did I able. There is no evidence of an active role played not do it or why did I not come back home and do it. No! She will never ask me, because if she by the local community in making a change: the ask me, I’ll told her that if she was on my shoe, people, or rather the families, would not inde- she will did the same thing. (Int. n. 3) pendently abandon the practice if not driven by a political decision “I can’t bring a change, because The women encountered manifest an interi- it’s their tradition, I can’t change it. Maybe when or personal division marked by processes of iden- they will change the governor, so they will change tity renegotiation and to some extent, a reworking the tradition” (Int. n. 4) of traditional models that can lead to that hybrid It will therefore be interesting to watch future state of dual belonging as a result of migration, developments given that the Abuja Federal Gov- namely the ability to be “here” and “there” si- ernment, on 5 May 2015, adopted the first federal multaneously81 and to maintain a multiplicity law that prohibits and punishes various forms of and fluidity of ties with the society of origin by gender-based violence including the practice of building strong social networks people are able to female circumcision, thus adding Nigeria to a list maintain stable distance relationships with com- of 24 African countries associated with the prac- munity members in the country of origin and tice that have enacted legislation to counter it. thus to build bridges between two contexts: the 82 Nigeria is based on the coexistence of two institu- society of origin and the hosting society. tional frameworks: one relating to the democrati- cally elected official institutions and the other one 81 Ralph Grillo-Bruno Riccio-Ruba Salih, Here or referring to the chefferiein which the local author- there? Contrasting esperiences of transnationalism: ity is regulated according to informal mechanisms Maroccan and Senegalese in Italy, CDE, Falmer 2000. of indirect representation.

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The Nigerian law,Violence Against Persons (Pro- law has functioned as a deterrent or as a means hibition) Act, provides for a maximum penalty of to subtract themselves and their daughters from four years’ imprisonment and a fine of 200,000 the practice, yet it is difficult to believe that the naira ($ 1,000) for whoever procures a circumci- legislation alone is sufficient to halt the practice. sion. The promulgation of the law is one of the The limits of the legislation are in fact evident due last acts signed by outgoing President Goodluck to both its considerable ineffectiveness (to date Jonathan, who was defeated in the last election there has been only one case in brought to trial) in March 2015 by Mihammadu Buhari who took and its high symbolic value that stigmatises and office to lead the country in late May of that year. condemns cultural affiliation, the latter element An open question remains about the actual im- appearing insufficient for a change of behaviour plementation of the legislation by the new presi- concerning the practices. It is likely that the le- dent, a Muslim and originally from the north of gal framework has pushed cutting practices un- the country. Among the interpretations advanced derground into clandestinity within the migrant by scholars and practitioners from NGOs in the community in Italy. country on the initiative of now former President There is therefore the risk of the emergence Jonathan is one that regards the law as a fleeting of strong cultural prejudice leading to a break- sign of good will towards the international com- down between the different communities and munity, enacted in the knowledge that it would groups. Thus it has become necessary to launch remain a dead letter. training and information initiatives based on dialogue and intercultural exchange capable of stimulating in Umbria, and specifically in Pe- 3 Conclusions rugia, reflection and participatory action on the issue involving in primis communities associated Through the life stories told in the voices of with cutting practices. Civil society and institu- the protagonists we have come to know and un- tions should also be called upon to contribute, derstand other worlds so far away and yet so close. with particular reference to all facilities as well Projected into a new life and another context, these as operators and professionals in various capaci- Nigerian women are questioning attitudes, mod- ties involved in the activity of reception for asy- els and traditions. Consequently, migration has lum seekers, including law enforcement. It is evi- an emancipatory potential for women within the dent that now is the appropriate time to promote family and society, both in the society of origin structural measures on the phenomenon, paying and that of arrival. Thus it becomes important to attention to the macro issues affecting women, understand and study how migration processes especially migrant women. In this process, a co- have an impact on gender models, on gender in- ordination role could be assigned to the Umbria equalities and the roles assigned to women. The reference centre for the study and prevention of fe- FGM/C phenomenon does not simply imply the male genital mutilation with the aim of making act itself of genital mutilation/cutting of women’s it a fruitful collector of ideas and projects to be bodies, but it must be understood and included implemented in the area, serving the local area within a macro-dimension that concerns the sta- and the communities that inhabit it. tus of women tout court which, as noted, includes access to education and the recognition of human rights as well as the risk of trafficking and sexual exploitation of these same bodies. Time will tell whether developing attitudes of detachment taken today towards the practice will be introjected and pursued, or if they are just a response to a temporary need due to the place of residence and the legal limbo concerning their current legal status. As already mentioned, this approach is strongly influenced by their legal sta- tus as asylum seekers and the Italian legislation on FGM/C. It may be that the presence of the

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 37 A. Faraca

“Esta não é a minha pátria”. Mutilação/Corte Genital Feminino no contexto da migração: narrativas de mulheres nigerianas em busca de asilo

Resumo

Este artigo apresenta os resultados de pesquisa qualitativa realizada com nove mulheres solicitantes de asilo do sul da Nigéria e moradoras da cidade de Perugia, que foram submetidas à prática de Mu- tilação/Corte Genital Feminino na Nigéria. A pesquisa explora as experiências migratórias e de vida dessas mulheres, ao mesmo tempo em que gerenciam suas identidades migratórias, a fim de entender de que maneira o processo de migração afeta o sistema de opiniões, atitudes e significados relaciona- dos à M/CGF como experimentado pelas mulheres nigerianas que foram entrevistadas, numa per- spectiva transnacional e numa abordagem sensível ao gênero. Palavras-chave: Mutilação/corte genital feminino. Migração. Transnacionalismo.

Recebido em: 18/10/2016 Aprovado em: 02/12/2016

Revista Brasileira de Direito, 12(2): 18-38, jul.-dez. 2016 - ISSN 2238-0604 38