Why has there never been a successful prosecution for female genital mutilation in the UK?

There haven't been any convictions for FGM in the UK since it was criminalised 28 years ago, a remarkable fact that has led to the formation of a new Home Affairs Committee chaired by Keith Vaz MP.

As long ago as 1952 the UN Commission on Human Rights condemned the practice of female genital mutilation (FGM), and in 1985 the Prohibition of Female Circumcision Act criminalised it in England and Wales. These little-reported matters should hardly come as a surprise. FGM is a barbaric act, borne out of historic customs developed in male-dominated societies obsessed with female virginity. It is cruel and brutal by almost any standards.

Yet, according to last month’s report by the Royal College of Midwives, there are over 66,000 victims in England and Wales. So, one stunning question must be asked: why has not a single person in England or Wales been successfully prosecuted since FGM was criminalised 28 years ago?

That is the key question behind the major inquiry to be chaired by Keith Vaz MP, announced by the Home Affairs Committee on 18th December. The common perception is that FGM and Islam go hand-in-hand, but many Muslims and academics argue that the practice is a cultural rather than religious one. This contention has traction. The practice is condemned even in Saudi Arabia, and outside the UK FGM shows a clearer link with poverty than with Islam. For instance, it is practised in pockets of Africa far outside the reaches of Sharia.

Then again, the practice is widespread in the Muslim-dominated Middle East, and most religions, and perhaps especially Islam, are not only a matter of theology but also of culture. Indeed, the best that some Muslim clerics will do is to condemn only some types of FGM while refusing to apologise for what they consider to be Islamic approval of one particular method, sunna circumcision.

But while there is debate about the link between Islamic communities and FGM abroad, the relationship in Britain appears much clearer. And perhaps it is the significance of that fact that must be recognised by any investigation into the reasons behind the lack of criminal prosecutions. 

I am not the first person to observe that many liberal intellectuals seem incapable of viewing Islam as anything other than as victim. What it is about the world’s most totalitarian religion that has liberals scurrying to defend it is hardly within the scope of this article. Suffice it to say, there is a ready-made army with an arsenal of laptops and access to highbrow media, ready to condemn any policy of criminal prosecutions that can be accused of failing to take into account the sensibilities of Muslim communities.

And how many times have we encountered those shouting for the rights of women, but who fail to raise their voices when the oppressed happen to be Muslim? Is female subservience really to be tolerated so long as it is perpetuated in the name of a rabidly male-dominated religion? As a result, the police, the CPS and even government must tread carefully, knowing that any ingress in this arena is ripe for frenzied accusations of racism and Islamophobia. 

But what on earth would right-minded people say if it was little white English girls that were being mutilated? Howls of protest would rightly echo through society and prosecutions would undoubtedly follow. Surely if the ethnicity of the victims is a factor behind the failure to prosecute in the face of mounting awareness of FGM, such inaction would be a more worthy target of allegations of racism than would a robust policy of investigation and prosecution.

Perhaps the real difficulty lies in detection. Of course, the physical signature left on victims means that detection should be straightforward, but only at the cost of a gross invasion of the privacy of the girls in question. 

One can imagine how a programme of investigations could be carried out as a matter of routine in primary schools when girls reach a particular age, perhaps five or six. But how can one devise a screening system that avoids taunts of racism but that would not see entire schools needlessly checked merely to avoid those accusations in the first place?

As a practising barrister, I am frustrated when I see a lacuna in the law that facilitates unconscionable conduct. But that is nothing compared with the anger we should feel as parents and as UK citizens when we see vital laws rendered wholly ineffective and child abuse go unpunished as a result. 

Those who live in our country have the right to be protected from FGM just as much as from the likes of forced marriage and honour killings. And young victims unaware that they are victims, and who don’t cry for help because they don’t realise they need it, are the ones most in need of the state’s protection. 

So here’s hoping that Keith Vaz’s inquiry helps to put matters right before the damning statistics unveiled by the Royal College of Midwives are weighed down by a further 66,000 victims.

The Royal Courts of Justice in London, UK. (Photo: Getty)
GETTY
Show Hide image

The post-Brexit power vacuum is hindering the battle against climate change

Brexit turmoil should not distract from the enormity of the task ahead.

“The UK will not step back from that international leadership [on clean energy]”, the Secretary for climate change, Amber Rudd, told a sea of suits at Wednesday's summit on Business and the environment.

The setting inside London’s ancient Guidlhall helped load her claims with a sense of continuity. But can such rhetoric be believed? Not only have recent events thrown the UK's future ability to lead on climate change into doubt, but a closer look at policy suggests that this government has rarely been leading to start with.

Rudd’s speech came just 24 hours before she laid the order of approval for the UK’s fifth Carbon Budget. This budget will set our 2028-2032 emissions target at a 57 per cent reduction on 1990 levels – in line with the advice of the independent Committee on Climate Change. And comes amidst a party-wide attempt to reassure green business that Britain is open as normal: "I think investors now should feel they have a very clear path ahead," Andrea Leadsom has insisted.

In some respects, those wanting to make the case for an independent UK, could not have wished for a better example than the home-grown carbon budget. The budget is the legal consequence of the UK’s ground-breaking domestic 2008 Climate Change Act, which aims to cut emissions by 80 per cent by 2050. And the new 57 per cent interim target also appears to put the UK ahead of European efforts on the matter - exceeding the EU goal of a 40 per cent emissions reduction.

The announcement will thus allow David Cameron to argue that he has fulfilled his husky-loving promise to provide leadership on the environment. He may even make it the basis for an early ratification of the Paris Climate Agreement, ahead of the European bloc as a whole.

Yet looked at more closely, the carbon budget throws the UK’s claims to climate leadership into serious doubt.

In the short term, its delayed, last moment, release is a dispiriting example of Westminster’s new power-vacuum. Business leaders, such as those at yesterday’s conference, are crying out for “consistent, coherent and predictable national policies” on climate change and emissions reductions. Yet today’s carbon budget can only go so far to maintaining the pretence of stability.

Earlier this week, Amber Rudd responded to a parliamentary question into how Brexit will effect the UK’s climate ambitions with a link to none other than the Prime Minister’s resignation speech. And while concrete progress on policy will have to wait for party-political power struggles politics to run their course, historic Tory hostility to green policy makes progressive change far from certain.

Supporters of Brexiteer Boris Johnson may have played down his opposition to action on climate change in recent days, quipping that he would sooner be “kebabbed with a steak knife over the dining room table” by his environmentalist father. But the recent appointment of UKIP’s Mark Reckless, from a party notorious for its climate scepticism, as the new chairman of the Welsh committee on climate change has sent shock waves through the environmental community and will do little to help allay investor fears.

More concerning still is the 47 per cent shortfall between emission targets and present reality. A progress report released today is damning evidence of the Conservative's long-term neglect of the underlying issues.

Such censure builds upon the findings of a recent study from the Energy and Climate Intelligence Unit. Far from leading Europe’s major nations on issues of energy and climate change, their research finds the UK to be distinctly middle of the pack. “Of the ‘Big Five’ economies with comparable levels of population size, GDP, ect., Britain ranks third, behind France and Spain but ahead of Italy and Germany”, write authors Matt Finch and Dr Jonathan Marshall.

A significant number of incentives for government action – such as fines for not meeting interim targets on energy efficiency – would also be nullified in the instance of Brexit. And it cannot even be claimed that our long-term ambition is greater than Europe’s: the UK’s target is an 80 per cent cut between 1990-2050, and the EU’s is 80-95 per cent.

News that the manufacturing giant Siemens is suspending new investment into its UK-based offshore wind operations could thus be set to prove symptomatic of a wider trend. And ministers must act fast to turn promises into policy.

Even  Michael Gove - the man who once wanted to take climate change off the curriculum – now describes as one of the world’s greatest challenges. While according  to the new shadow secretary for energy and climate change, Barry Gardiner: “The government can no longer wait until December to publish its Carbon Plan. It must do so now.”  

Included in such a plan should be clarification of the UK’s relationship to European emissions trading, the development of a Carbon Capture & Storage strategy, and urgent action on heating and transport efficiency. The 5th Carbon Budget is an important step towards this process but Brexit turmoil should not distract from the enormity of the task ahead. Nor from the damning fragility of Cameron’s environmental legacy to date.

 

India Bourke is the New Statesman's editorial assistant.