>Ruling that the three were in real danger of genital mutilation, Judge Eva Platero called for their passports to be withheld until they are 18 and ordered twice-yearly gynaecological examinations for them.

_____________________________________________________________________

I absolutely agree with Gambias Honorary Consul General that whilst the judge may have meant well for the Gambian girls,her ruling nonetheless tantamounts to repression! Suppose one of the three girls denied exit is ten years old presently, that would mean that she would not be able to visit her ancestral village in the Gambia until the year 2012 .That is very harsh. Alternatively, the good Spanish judge could have made the Gambian parents of these Girls sign an affidavid to the effect that they are prepared to go to jail in the event the girsls are circumcised during their visit to the Gambia.I am absolutely sure that if that happens,the poor parents of these Gambian girls in Spain would make sure that the purport of the affidavid would be transmitted to their village folks in such a powerful way that all the grandamas there would blink !

Thanks Mr.Sanneh for forwarding such an intersting article.Please keep up the good work down there!

 

Regards, Basss!

 

 

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>From: abdoukarim sanneh <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list              <[log in to unmask]>
>To: [log in to unmask]
>Subject: Court acts to prevent Gambia girls in Spain from genital              mutilation
>Date: Sat, 15 May 2004 06:59:57 -0700
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>Court acts to save girls from mutilation
>
>Gambia condemns Spanish ruling preventing girls' circumcision
>
>Ben Sills in Granada
>Saturday May 15, 2004
>The Guardian
>
>The Spanish judiciary was yesterday embroiled in a simmering row with Gambia over the best way to protect girls from circumcision after a court confiscated the passports of three Gambian girls to stop them being repatriated for surgery.
>Ruling that the three were in real danger of genital mutilation, Judge Eva Platero called for their passports to be withheld until they are 18 and ordered twice-yearly gynaecological examinations for them.
>Gambia's envoy to Spain, Juan Antonio del Moral, called the decision "repressive" and an anomaly in a democracy.
>"While I welcome efforts to eradicate this practice, it's important to recognise that the restrictions on travel and the examination regime that have been imposed on these girls are both intrusive and repressive," he said. "It's important to strike a balance between harm prevention and restriction of liberties. In this case I believe the judge has not managed to do that."
>The honorary consul added that the ruling in effect punished the parents for something that had not taken place. "In a democratic country that is not supposed to happen."
>Female circumcision is believed to be common among west African communities living in Catalonia. It normally happens when girls return to west Africa to visit their families, although there have been occasional reports of operations carried out in Spain. The practice is still considered normal by many older people in west Africa, particularly those from rural communities.
>Radio Girona said that the three girls, from San Feliu de Guixols on the Costa Brava, had two older sisters who had been circumcised on a previous visit to their grandparents in Gambia. The girls' father, who has Spanish residency, said that there was nothing he could do to protect his daughters because it was traditional practice.
>The 7,500-strong Gambian community has become well established across Catalonia since the 1970s and is generally well integrated. But the high incidence of genital mutilation has long been a cause for concern. A spokesman for Unicef in Gambia said the government was unwilling to legislate against the practice because it was entrenched in traditional society.
>Anna Farjas, an expert in ethnic groups who has conducted studies of the community, said: "It's very important that we eradicate this practice of mutilation. I welcome the judge's ruling, not just because of her decision, but because she did it in the right way, preparing the ground through meetings with the people involved to make sure they understood."
>Spain has set up an umbrella group of prosecutors, doctors, social services workers and judges to preempt mutilation. Parents are warned about the possible consequences, medical and legal. But Mr Del Moral said the approach involved too much repression and not enough education.
>"Many of the Gambian people living in Catalonia come from rural communities and so the level of literacy is low. We need to help them to understand that this practice offends the dignity and violates the rights of their daughters."
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>Three years ago, the town of Banyoles, which has one of the largest Gambian populations in the province, warned the west African population of the potential punishments for female circumcision after it was suspected that a Gambian grandmother was performing the operation in the town.
>Although the practice is illegal in Spain, it is difficult for the courts to act because it takes place outside the country and parents claim to have no prior knowledge.
>In 2002, the same court in San Feliu de Guixols shelved a case against the parents of four sisters who had been circumcised. The parents claimed that the operations had not been planned before their trip to Africa and the judge ruled that the court therefore had no jurisdiction over what had happened.
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