Punishment against traditional practices could encourage certain populations to hold on to such harmful practices, two Special Rapporteurs say

HR/99/13
17 February 1999


The Statements Followed French Court Decision Against Women Responsible for Excisions on Girlchildren


The following joint statement has been made today by the two Special Rapporteurs of the United Nations, Ms. Radhika Coomaraswamy, Special Rapporteur of the Commission on Human Rights on the question of violence against women, and Ms. Halima Warzazi, Special Rapporteur on traditional practices affecting the health of women and girlchildren, mandated by the Subcommission on the Prevention of Discrimination and Protection of Minorities. The statement came the day after a French court handed down an eight-year prison sentence against Mrs. Hawa Geou, a French citizen of Malian origin, who was accused of having excised about fifty girlchildren.

"The violence against women is always a characteristic phenomenon which exists in all parts of the world, and it appears under different forms, from rape to corporal cruelty, including female genital mutilation. Often, these practices are so prevalent and so much integrated in society that millions of women accept and even perpetuate these unjust practices which violate their fundamental rights. The perpetuation of the traditional practices affecting the health of women and girlchildren is a universal and multifaceted problem.

A number of studies, statements and judicial decisions, particularly in recent years, have clearly established that the religious principles are deformed and exploited by those who mutilate women and keep them in ignorance. No religion authorizes the mutilation of any healthy part of a human body for whatever reason. It is therefore imperative not to associate religion with these harmful practices.

However, it is essential not to forget that female genital mutilations are considered by a number of societies as an initiation to the girlchild to allow her integration in the community. Alternative rites should be offered to these populations. Such alternatives and initiatives have started to be implemented with success within a number of communities where genital mutilations are replaced by the isolation of the girlchild during one week. During this week, the girls receive elements of traditional education on their future role as women. The two Special Rapporteurs remain convinced that the patient dialogue in the respect of the beliefs and traditions, but also of fundamental rights of women and girlchildren, could result in a change of mentality.

Punishment and sentencing based on a value judgement can sometimes be counter-productive and encourages certain populations to remain closed up to the outside and to hold on to practices which are certainly harmful and clandestine, but they are more often clandestinely a unique expression of their cultural identity. The judicial decision against such practices should be the last recourse, after education, information and alternative rites which do not affect the integrity of women and girlchildren did not give the expected results.

Training, information and education, in particular in the countries with important immigrant populations, and which have adequate material and financial resources, are the best means to effectively combat harmful traditional practices and to free women and girlchildren from darkness and violence”