FGM – UAB Institute for Human Rights Blog

A Bright Future – Recent Human Rights Victories

In the midst of a pandemic and international unrest, it is vital to stay encouraged and optimistic as we continue our efforts to uphold and protect human rights internationally. That is why we at the Institute for Human Rights at UAB will be using this article to break up the negative news cycle and put a spotlight on a few of the amazing victories and progress the international community has made during the pandemic that you might not have heard about. Though positive human rights news may not always make headlines, it is important to recognize each success, just as it is vital we address each issue.

The UN Declares Access to a Clean Environment is a Universal Human Right – July 2022

Of the 193 states in the United Nations general assembly, 161 voted in favor of a climate resolution that declares that access to a clean, healthy and sustainable environment is a universal human right; one that was not included in the original Universal Declaration of Human Rights in 1948. While the resolution is not legally binding, it is expected that it will hugely impact international human rights law in the future and strengthen international efforts to protect our environment. Climate justice is now synonymous with upholding human rights for the citizens of member-states, and the United Nations goal is that this decision will encourage nations to prioritize environmental programs moving forwards.

Kazakhstan and Papua New Guinea Abolish the Death Penalty- January 2022

Kazakhstan became the 109th country to remove the death penalty for all crimes, a major progress coming less than 20 years after life imprisonment was introduced within the country as an alternative punishment in 2004. In addition to the national abolition, President Kassym-Jomart Tokayev has signed the parliamentary ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. Article 6 of the ICCPR declares that “no one shall be arbitrarily deprived of life”, but the Second Optional Protocol takes additional steps to hold countries accountable by banning the death penalty within their nation. Though the ICCPR has been ratified or acceded by 173 states, only 90 have elected to be internationally bound to the Second Optional Protocol (the total abolition of the death penalty), and Kazakhstan is the most recent nation to join the international movement to abolish the death penalty globally.

Papua New Guinea also abolished their capital punishment, attributing the abolishment to the Christian beliefs of their nation and inability to perform executions in a humane way. The 40 people on death row at the time of the abolishment have had their sentences commuted to life in prison without parole. Papua New Guinea is yet to sign or ratify the Second Optional Protocol to the ICCPR, but by eliminating the death penalty nationwide the country has still taken a significant step towards preserving their citizens right to life.

India Repeals Harmful Farm Plan – November 2021

Many of you will remember seeing international headlines of the violent protests following India’s decision to pass three harmful farming laws in 2020. The legislation, passed in the height of the pandemic, left small farmers extremely vulnerable and threatened the entire food chain of India. Among many other protections subject to elimination under the farm laws was the nations Minimum Support Price (MSP), which allowed farmers to sell their crops to government affiliated organizations for what policymakers determined to be the necessary minimum for them to support themselves from the harvest. Without the MSP, a choice few corporations would be able to place purchasing value of these crops at an unreasonably low price that would ruin the already meager profits small farmers glean from the staple crops, and families too far away from wholesalers would be unable to sell their crops at all.

Any threats to small farms in India are a major issue because, according to the Food and Agriculture Organization (FAO) of the United Nations, “Agriculture, with its allied sectors, is the largest source of livelihoods in India”. In addition, the FAO reported 70% of rural households depend on agriculture and 82% of farms in India are considered small; making these laws impact a significant amount of the nation’s population. A year of protests from farmers unions followed that resulted in 600 deaths and international outcries to protect farmers pushed the Indian government to meet with unions and discuss their demands. An enormous human rights victory followed as Prime Minister Narendra Modi announced in November of 2021 that they would rollback the laws, and on November 30 the Indian Parliament passed a bill to cancel the reforms. As the end of 2021 approached, farmers left the capital and returned home for the first time in months, having succeeded at protecting their families and their livelihoods.

Sudan Criminalizes Female Genital Mutilation – May 2020

Making history, Sudan became one of 28 African nations to criminalize female genital mutilation / Circumcision (FGM/C), an extremely dangerous practice that an estimated 200 million woman alive today have undergone. It is a multicultural practice that can be attributed to religion, sexual purity, social acceptance and misinformation about female hygiene that causes an onslaught of complications depending on the type of FGM/C performed and the conditions the operation is performed in. Among the consequences are infections, hemorrhage, chronic and severe pain, complications with childbirth, and immense psychological distress. It also causes many deaths from bleeding out during the operation or severe complications later in life. We have published a detailed article about female genital mutilations, gender inequality and the culture around FGM before, which you can find here.

FGM/C is a prevalent women’s rights issue in Africa, and in Sudan 87% of women between the ages of 14 and 49 have experienced some form of “the cut”. While some Sudanese states have previously passed FGM/C bans, they were ignored by the general population without enforcement from a unified, national legislature. This new ban will target those performing the operations with a punishment of up to three years in jail in the hopes of protecting young women from the health and social risks that come from a cultural norm of genital mutilation and circumcision.

Where do we go from here?

While we have many incredible victories to celebrate today, local and international human rights groups will continue to expose injustices and fight for a safer and more equal future for all people. Our goal at the Institute for Human Rights at UAB is to educate; to inform readers about injustices and how they can get involved, and to celebrate with our incredible community when we have good news to share! While the past year has been marked with incredible hardships, it is always exciting when we have heart-warming international progress to share!

You can find more information about us, including free speaker events and our Social Justice Cafes on our Instagram page @uab_ihr! Share which of these positive stories you found most interesting in our comments, and feel free to DM us with human rights news you would like us to cover!

Kenyan Parliament in crisis after failure to attain the two-third gender rule

by Grace Ndanu

A photograph of dozens of African women at a leadership conference — African Women Leaders Network (UNHQ). Source: Creative Commons

Gender inequality has existed since the Old Testament time. In Kenya, we see that even before the British colonialists came, the society was ruled by men. African men made the decisions in the society and set the rules that the community was to live by. This was through the council of elders that existed in most societies. Few women occupied public positions of power. The one common position that did hold some power was the position of medicine woman. In every community there are cultural practices that are regarded as a must. Among the Maasai there is a practice by the name Female Genital Mutilation, which is supposed to prepare a girl for marriage. This practice is usually ordered by the girl’s father, and it is expected to be performed by a woman.

Historically in Kenya, the place of women was largely in the house and revolved around looking after the welfare of her homestead. Basically this meant doing all the house chores and taking care of the old and the children. Men, on the other hand, were generally their own masters. They dictated what is permissible and what was not. Men were the warriors of the community, decision makers, and heads of families, and in that capacity they dictated what was expected of the family. For example, where I come from we have a council of elders, which is comprised of men only. This council directs everything that is going on in the community, starting from which girl is old enough to get married to which man is she supposed to marry. This could mean an eleven-year-old girl is forced to marry a seventy-year-old man. When these men are in their meeting no woman is to be seen around. The resistance to women based on their gender has remained the facilitating tool for keeping inequity against women. Recently I discovered that Kenya has the lowest female representation in the whole of Africa with 9.8%, compared to Rwanda 56.3%, Tanzania 36.0%, Uganda 35.0% and Burundi 30.5%. In South Africa women represent 55%, meaning they have the capability of being good leaders and we have an opportunity to prove this.

The Kenyan constitution of 2010 promotes the participation of women and men at all levels of governance and make provisions for at least 1/3 of the seats in county assemblies as well as at least 1/3 of the seats of the senate. The constitution also provides for the enactment of legislation to compel political parties to be democratic and have women in their decision making organs. Article 81(b) of the constitution provides that “not more than two-thirds of the members of elective public bodies shall be of the same gender.” But that is not the case.

However, despite all the difficulties that hinder women from public participation there is finally a light. Through the constitution, Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. The two-thirds gender principle was articulated in the 2010 Constitution; however, the country marked the 10^thanniversary of the constitution last month, and nothing has happened so far. In clause (6) (b) of the constitution it states that, “the chief justice shall advice the president to dissolve parliament.” Therefore the top Kenyan Judge who is nearing the end of his term as Kenya’s second chief justice under the new constitution just advised the president to dissolve parliament due to failure to enact the law that provides the gender balance. I think this was a really brave step. In his letter to the president he included,” Kenyans must be ready to suffer, if only to hold elected parliamentary representatives accountable”. This left the representatives uncomfortable and started to challenge the chief justice. I have faith he will win.

Last semester I had a unit by the title Women and Governance. In this unit I learned that stereotypes lock out women, especially in countries like Kenya that are highly patriarchal. Until recently, women have had a more difficult time getting elected to these political positions. Last year, a candle was lit in one of the famous universities in Kenya when the University of Nairobi) elected the first chairlady (president) in history. I hope many young ladies were touched and inspired like I was. The difficulty of being elected as a political leader is associated with the possibility that voters may be more comfortable with electing women to the legislature than to executive office. This difficulty appears to be due to stereotyping of candidates and of political offices based on the expected policy issues that these offices address. For example, female candidates are expected to be warm, gentle, kind and passive. Male candidates on the other hand are perceived as tough, aggressive and assertive. As a result, voters view male candidates as more competent than female candidates when dealing with issues associated with the executive branch, such as security and economics. For example when elections revolve around security and crime issues, voters tend to view women as ill-equipped to deal with such issues. Thus they do not vote for women.

Inequality and discrimination, whether based on race, colour, language, religion or sex often takes similar forms in practice; however, there are specific characteristic of discrimination against women that do not occur elsewhere. Sex, attitude, beliefs, prejudice and myths are much more deeply rooted in the basic structures and human behaviour than are many other customs, norms and traditions (for example, that women should never speak or give opinions where men are present). This is more like shutting them up because society is comprised of both men and women and if they have to give opinions publicly they will have to stand with their heads up before women and men, which is more disliked by men.

I believe that the time has come for people to realize and appreciate that women have both a right and obligation to actively participate in political leadership. Also women themselves must believe in themselves and come out of their comfort zone and start doing what is necessary. And they will be great.

On Early and Forced Marriage

by Grace Ndanu

Most people dream of choosing their life partner. Their marriage would be one of independent and happy life. This is not the reality for many young girls who become child brides. Early and/or forced marriage is most practiced in Sab-Saharan Africa; it is also common in the Maasai community. The Maasai, despite their poverty, have proudly maintained their traditional lifestyle and cultural identity without giving to the pressures of the modern world. The community is under a patriarchal leadership which denies young girls an opportunity to go to school. Education is withheld from girls because it is believed that educating a girl child is not a wise investment because the girl will marry into another family. Therefore, the father of the girl will opt to educate a boy.

Maasai girls are circumcised between 11 and 13. In time, she will marry a man chosen by her father in exchange for cattle and money. A Maasai woman will never be allowed to marry again. As a young girl, she will have her personal autonomy denied. If her husband is an old man who dies when she is still in her teens, she will become the property of one of her husbands’ brothers. She will be one of the multiple wives and will have many children, regardless of her health or ability to provide for them. She will rise early every day to complete her tasks including milking the cows, walking miles to water holes to wash clothes and get water, and gathering heavy loads of firewood to carry back home. If she is lucky, she will have a donkey to share her burden. She will live a life of few comforts, dependent on a husband and a family she did not choose. In between her burdensome chores of the day, the Maasai girl is also a beader – such intangible high skills built into her cultural knowledge and practices. Most of her struggles are shaped by circumstances and the challenges of her time including deep-seated patriarchal attitude.

There are several reasons for forced marriage among the Maasai. First, a desire to ‘eliminate’ the familial poverty. For impoverished families giving a daughter in marriage is a way to reduce expenses particularly if a son’s education and expenses are prioritized. Second, early pregnancies drive toward early marriage as it is seen as a safeguard against immoral behavior. Parents in the Maasai community marry off pregnant girls to protect their family status and name and to receive both dowry and ‘penalty’ payment from the man responsible for the pregnancy. Third, many early marriages occur out of desperation as a young girl seeks ‘refuge’ from neglect or orphanhood. Some girls are taken advantaged by older men who give them false promises of a better life. Girls face a lot of problems and challenges if/when she does not meet the expectations, thus creating a journey towards poverty and gender-based violence begins.

The struggle to end the practice of early marriage in Kenya, particularly among the Maasai, has slowly progressed. There are NGOs that have come seeking to eradicate early child marriages. They work together with the government to help the young girls get out of the retrogressive cultural practices by empowering the girls and enlightening the parents on matters about the education of their girls. The NGOs try to educate the girl child on her rights.

By understanding her personal rights, the goal is self-confidence and independence, and a willingness to advocate and fight for herself and for others. She will be able to choose whom to marry and when to marry. She will have fewer children. They will be healthier and better educated than the previous generation. She will not circumcise her daughters. She will have economic security. Education will enable the girl to help and support her parents, and she will never forget where she came from. Education is the key to success; it is the key to freedom.

Toward the Understanding and Eradication of Female Genital Mutilation (FGM)

The conversation around reproductive and sexual rights and the bodily autonomy of women generally consists of access to abortion, birth control, and intimate partner and sexual violence. FGM is a patriarchal cultural practice rooted in the cutting away of the female body with the suppression of emotion, which at its core, is a denial of personhood. For more than 200 million girls and women, the violation of their body occurred when they could not advocate for themselves. For these girls/women, it is as if all the entities in her world are conspiring against her current and future life. Although Grace details the practice of female genital mutilation (FGM) in Kenya in this blog, the violation has increased in the US since 1990. The global conversation on FGM has been spurred by young women and girls willing to risk social exclusion in the pursuit of eradicating gender-based violence. – AR (**Trigger warning)

by Grace Ndanu

a young Maasai girl warrior — Maasai Girl. Source: Donald Macauley, Creative Commons

The development of women has been low for a very long time in my country of Kenya because of some retrogressive cultures that include FGM, early marriages, and wife inheritance. For this blog, I will major on FGM within the community I am most familiar with: the Masai.

The practice of FGM is rooted in gender inequality. Women will never have a say on the issues surrounding their daughters; this means that the men are the ones to control women’s sexuality, and ideas about purity, modesty, and purity. Although women do not have a say on their daughter issues, they are the ones to perform the act; this is seen as an honour. The act of cutting one’s daughter is both an honour and a fear. The fear lies in the inevitable social exclusion if the cutting does not occur. The procedure is done in three ways: partial or total removal of the clitoris, the complete or partial removal of the inner labia with or without removal of the clitoral organ and outer labia, or the removal of the external genitalia and fusion of the wound. The inner and/or outer labia are cut away with or without removal of the clitoral organ.

The cutters use non-sterile devices which may lead to contracting diseases such as HIV. The devices include knives, razors, scissors, glass, fingernails, or sharpened rocks. There are adverse health effects depending on the type of procedure. The effects include infections, difficulty in urinating and passing menstrual flow, chronic pain, development of cysts, complications during childbirth and fatal bleeding.

Female circumcision lowers girls self-esteem and confidence. When they undergo the practice, they must stay at home for them to heal which means, particularly for in a school, they miss a lot of their lessons. For those who have never been to school are at risk of being married at an early age, maybe 12, to an older man.

There have been efforts in fighting FGM because there are no known health benefits instead the effects known are negative. A number of NGOs, including the Cara Girls Rescue Center under the Cara Project, are helping to mitigate the practice. The Cara Center takes in girls who are at risk of going through the painful process and also the ones who are already circumcised. They ensure the girls’ safety and security. If the girl has not yet gone through the process, she is welcomed in the center and immediately start the counseling process. Additionally, she will begin schooling – some of them may not have gone to school at all. For those already violated, they are immediately taken to the Gender Violence Recovery Center under the Nairobi Women’s Hospital for medication where they are admitted and receive counseling. At the same time, both the parents and the cutters are arrested. They must present to court when they are summoned and given a warning that if it has ever happened again, they will be jailed.

The rescued girls and warned parents receive an education about the human and reproductive rights of girls and women. It is with this new knowledge that they understand their personal/familial and communal rights better. Learning has created awareness and advocacy throughout the Masai community [and in other African countries and throughout the world]. There has been the development of a zero-tolerance attitude on FGM matters that extends to many of them becoming rescuers of girls before they are circumcised.

A Right to Fair and Objective Press

a picture of an old associated press news machine — Associated Press. Source: rochelle hartman, Creative Commons.

Freedom of the Press has always been a hallmark of our American democracy. In fact, our Founders thought it to be so important they made it the first amendment to our Constitution, guaranteeing all citizens the right to free speech. Our Founders recognized the right to free speech is required for a healthy and free society. No society can claim to be free without the right of its citizens to speak their minds without fear of impunity. The public also has a right to the facts concerning transparency in their government and other public institutions, like the media. However, not everyone enjoys this liberty. The relationship between the press and the society it serves varies from one society to another. The purpose of this blog is to explore the impact media has on a society and its relationship to the public as an increasingly private institution in the United States.

When our Founders were framing the Constitution of the United States of America, and preparing for independence, the British authorities attempted to quell the uprising by regulating the media. This allowed only information that the British authority approved to circulate among the public. For example, in the early 1700s an English loyalist governor in New York, William Cosby sued John Peter Zenger for sedition when Zenger published editorials about Cosby’s oppressive and tyrannical style of governance in the New York Weekly Journal. These editorials made the public aware of Cosby’s attempt to rig elections, use public funds for his own private interests and the appropriation of Indian lands. Cosby had Zenger arrested and tried to close the Journal for business. Andrew Hamilton, a popular lawyer, took the case and defended Zenger by arguing that Zenger could only be libel if what he printed was falsely seditious. Zenger acquittal and Hamilton’s argument still stands today: a publisher is libel only when falsehoods are committed. This case set the precedent for freedom of speech and the press, later adopted by our Founders as the First Amendment of the Constitution (Kammen, 1975).

In this modern era, we face new challenges concerning mass media and freedom of the press in the United States. Increasingly, we have gotten away from the objective journalism of the 1950s and 1960s where both sides of an issue were represented with facts and allowed the informed citizen to come to their own conclusion. Today, news organizations have become more varied and focused on one perspective or another, be it liberal, conservative or some other view beyond the mainstream. We have witnessed the shift from objective journalism to indoctrination in most of our mass media over the past few decades. This is mainly due to competition over network viewership and ratings. It seems as though we have been lulled into a trap, like a child in a candy store that immediately fills their pockets with their favorite candy and ignores the rest. As free citizens, we have a responsibility to seek out the facts and think for ourselves. We have a responsibility to explore perspectives different than our own and attempt to see the world from another’s vantage point. The alternative is state news with certain views and opinions silenced, if not conforming to an authoritarian agenda. With freedom comes responsibility; a responsibility left to us by those who have sacrificed and died for every freedom we enjoy today. We cannot allow their sacrifice to be forgotten, nor the lessons of the past unlearned. For surely if we fail in our duties as free citizens, our children and grandchildren will be the ones to pay the price for that negligence and the struggles of our forefathers will define their lives and new heroes and sacrifices will have to be made in order to regain these freedoms.

Freedom of the Press has historically been a public service, providing real contributions to our society. When television started dominating American culture in the 1950’s and 1960s, Walter Cronkite, a journalist with CBS, known as the “most trusted man in America”. News organizations were unequivocally trusted by the American public. Increasingly, private news organizations have come to the forefront since the implementation of cable television. C-SPAN, arrived first in the late 1970s, followed by CNN in the early 1980s, followed by Fox News Channel and MSNBC during the mid-1990s. These media heavyweights enjoy mass popularity and most Americans receive their TV news from one of these sources. The issue that has recently arisen with these news organizations is the conflict of interest between providing accurate, objective journalism for the public and creating their presentation flashy and provocative in order to attract viewers. Additionally, they have tailored their news to attract a specific audience by making it less objective and more like doctrine. For example, many conservatives are likely to watch Fox News while many liberals are likely to watch MSNBC. The reason for this is these news outlets have designed their programming to attract viewers based on their political philosophy. This presents a corruptibility within our news media because it is impossible for objective journalism, a public service, and propaganda designed for a specific audience, to raise private corporate profits, to coexist. These are mutually exclusive concepts because any “slant” on the facts automatically removes objectivity from the equation. Journalism causes one to think and concluded based on facts. Propaganda disengages the brain because it offers a solitary perspective and plays on an individual’s beliefs, generally to perpetuate a specific worldview.

Sweden ranks among the top of the world for its version of Freedom of the Press, while the United States is currently ranked 28^thout of 197. It might come as a surprise to many Americans that Sweden, in 1766, was the first country in the world to guarantee freedom of speech and the press. At the same time, Sweden ended all censorship within the country. In addition, all Swedish government documents are accessible to the public, unlike in the United States where some government information is classified and illegal for the public to access. A key factor in this ranking are constraints placed on our press freedom due to national security.

Mass media can play other roles in society aside from just serving as a watchdog for public institutions. In her book, Kill the Messenger: The Media’s Role in the Fate of the World, Maria Armoudian explains the power of the media to influence for bad as well as good. She points to Senegal as an example of the power of community to ensure the media reported the true nature of the happenings in the villages. In Senegal, female genital cutting or mutilation (FGC/FGM) had been a long-standing rite of passage for most of the young teenage girls over the past five thousand years. This is not akin to male circumcision in our own culture, though there are a few parallels. For the Senegalese females, this procedure removes the clitoris and labia, often without modern medical aids such as anesthesia. In many cases, the girls are held down while the procedure is done with unsterilized crude tools, told the process will make them a “real woman”, and taught that the suffering is a “moral duty”. This practice originated as a village celebration for girls entering marriage and motherhood. Many of the young girls that have experienced FGC have health problems later in their life, mainly with infections, hemorrhaging, ulceration, cysts, scarring or problems arising during childbirth. In 1997, a movement began in rural villages to discontinue this harmful practice. By 2008, thousands of communities had joined the movement away from FGC tradition. This attributed to education facilitated by Tostan, a nonprofit organization originally founded to teach children to read, and mass media that introduced new ideas to many villagers and depicted the Senegalese women as brave and intelligent in their struggle for health and human rights (Armoudian, 2011). Mass media can be a useful tool in combatting cultural stagnation, by bringing issues to light. The combined efforts of Tostan and the mass media garnered national attention and sparked dialogue, which brought about cultural change, through education, for the women of Senegal.

In conclusion, Freedom of the Press is undoubtedly important for any society to claim freedom and democracy as its core ideals. The public institution of mass media is a powerful force in our modern social world for change, evident in the example of FGC in Senegal. However, this powerful force is not automatic nor invincible, and any freedom gained by a society may be lost, if not given the proper attention and respect. As a society, we cannot allow the dismantling of our public institutions by private interests, seeking a profit with no concern for public welfare and security. This is how freedoms are lost. Democracies possess an engaged public sector that relishes diversity of thinking, including political ideology. We, as free citizens, must learn to actively explore views different from our own, and not become dogmatic and intolerant through specialized media. This is how societies progress and prosper. This is how we learn and grow as human beings. If we fail in this endeavor, it might not be long before one perspective is all one knows and has access to and it could be the end of the free society we all treasure for ourselves and the generations to come.

References:

Kammen, Michael. Colonial New York: A History, New York: Oxford University Press, 1975

Armoudian, Maria. Kill the Messenger: The Media’s Role in the Fate of the World, Prometheus Books, 2011.