DOS / INS on Consequences of Female Genital Mutilation
Posted Aug 10, 2001

This article of the MurthyBulletin summarizes the INS and U.S. Department of State (DOS) policy on female genital mutilation (FGM) practices because of the importance of this issue to the human rights of those affected by it, and the fact that the practice is illegal both under U.S. law and international law.

By law, INS is required to notify visa recipients in countries where FGM is prevalent, that FGM is illegal in the U.S. and also to provide information on FGM's detrimental medical and psychological effects on women and girls. U.S. law prohibits performing FGM, or allowing it to be performed, on a child. INS has issued a notice to be distributed to visa applicants, and the U.S. Department of State (DOS) is cooperating in distributing the notice to immigrant visa (IV) recipients and posting it in the nonimmigrant visa (NIV) application areas at applicable consulates. In a telegram to consulates issued on May 18, 2001, DOS issued instructions to consulates with regard to distributing and posting the notice, and also provided the INS notice text.

The text of the INS notice begins by defining FGM and describing the short- and long-term medical consequences (including death from shock, hemorrhage, or infection) and traumatic psychological effects. The notice then explains the legal consequences in the U.S. for performing FGM, or allowing it to be performed on one's child. The notice also reassures applicants that if an applicant has already undergone FGM that has no bearing on her ability to obtain a visa. Finally, the notice concludes that the U.S. is committed to working with community organizations in the U.S. and in other countries to educate people about the harmful effects of FGM.

FGM is a common traditional practice in many countries of the world, primarily on the African continent. In many countries where FGM is prevalent the practice has been legally banned and health organizations such as nurses' associations have worked tirelessly to educate the public about the harm caused by FGM. Still, the practice persists. There are a variety of local, in-country efforts as well as international projects aimed at eradicating FGM.

According to DOS, FGM is common either countrywide or among particular ethnic groups in the following countries: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Djibouti, Egypt, Ethiopia, Eritrea, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, Sudan, Tanzania, Togo, Uganda, and Democratic Republic of the Congo.

The DOS telegram provides helpful information to consulates about dealing with possible public and governmental reactions to the notice in the host countries where the consulates operate. DOS therefore provides "talking points" to help consular officials in explaining why this information is being distributed. Among the points included is the fact that FGM is illegal in the U.S., and that U.S. law requires visa applicants to be advised of the illegality of FGM and also about the practice's harmful medical and psychological effects. Therefore, the advice can prevent applicants from doing something that would subject them to prosecution.

But the talking points go beyond these purely practical considerations to demonstrate the strong U.S. commitment on this issue. Rather the telegram authorizes consular officials to state that, while they understand that FGM is "deeply rooted in social traditions and culture," the U.S. government believes that "FGM is a serious violation of a woman's rights and should be eradicated through education efforts and legislation making the practice of FGM illegal." The final talking point is that the U.S. has placed a priority on working with community organizations and governments "to educate people about the serious damage FGM inflicts on women and girls" and "believe[s] strongly that persons immigrating to the U.S. or visiting from countries where FGM is prevalent should be aware of this fact."

If you would like more information about FGM and efforts to stop the practice, see the website for RAINBO (Research, Action and Information Network for the Bodily Integrity of Women), an advocacy organization founded by Dr. Nahid Toubia, a Sudanese physician. The website includes information on publications such as the extremely informative book by Dr. Toubia entitled, Female Genital Mutilation : a Call to Global Action. Dr. Toubia has also written other books, including a manual for health care professionals caring for victims of FGM, which are listed on the RAINBO site. Another classic work on the subject, not associated with RAINBO, is Cutting the Rose by Efua Dorkenoo.

Fear of being subjected to FGM upon return to one's home country has been the basis of successful asylum claims before INS and U.S. immigration courts. Though The Law Office of Sheela Murthy, P.C. does not handle removal / deportation cases, we are willing to refer prospective clients to other attorneys who may be able to assist them. INS has issued a helpful set of guidelines for gender-based asylum issues, including FGM and other types of harm unique to women. Furthermore, leading attorneys have raised the FGM issue under the Convention Against Torture, to which the U.S. is a signatory, in the context of individual immigration proceedings. We at The Law Office of Sheela Murthy, P.C. applaud the efforts of the INS, DOS, and those willing to challenge established norms in order to protect the dignity and worth of other individuals.