This certainly does raise some thorny legal issues...As Bass points out, people are being punished for things they (or their relatives) MIGHT do in the future. Western countries have taken different approaches to this issue regarding their immigrant populations. As of now, in The US, although it is illegal to circumcise girls under 18, there is no mechanism in place for punishing those who do it abroad, although there is lobbying underway to expand the law. In some European countries, especially in Scandinavia, the law extends beyond national boundaries (inspired by earlier laws dealing with Scandinavian men having sex with underaged individuals in places such as Thailand and then being prosecuted in their home countries). The problem, of course, is how to enforce. I do not not mean to be crude, but do we really expect (or would we tolerate) for customs officials to perform genital exams on girl returning from Africa? I attended a conference in Norway last year where these issues were being debated. Apparently, Norwegian officials had at one point proposed that all African immigrant girls would have to undergo (yearly, i think) gynecological exams. When protests came in that this would be disriminatory and racist, the suggestion came up to instead force these exams on ALL girls in Norway....I am not quite sure how it has all played out since then. What i would conclude, however, is that there needs to be a greater appreciation for the difficult position that many Africans, including Gambians, find themselves in as they try to negotiate wildly divergent demands from various authorities, be they "western" or "traditional." Talk about being between a rock and a hard place..... Thank you, Ylva On Sat, 15 May 2004, abdoukarim sanneh wrote: > 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." > Advertiser links Charity - British Red Cross > As part of the world's largest humanitarian network, the... > reports.redcross.org.uk Whizz-Kidz Charity Organization > At Whizz-Kidz we help disabled children live a life with no... > whizz-kidz.org.uk Charity Organisations - Cancer Research > One of the UK's leading charity organisations. Conducting... > cancerresearchuk.org > > > 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. > > > Special report > Spain > > News guide > Spain > > Useful links > Spanish interior ministry > Basque autonomous government > Basque nationalism interactive guide > Catalan government > El Mundo newspaper > El Pais newspaper > > > > > > --------------------------------- > Printable version | Send it to a friend | Save story > > > > > > > > renderOvertureBox('07001', 0, 'trail', '3'); > > '; document.write(intrusad); document.close(); } else { var regularad = ''; regularad += ''; regularad += ' '; document.write(regularad); document.close(); } } build_ad();// --> > > > --------------------------------- > Do you Yahoo!? > SBC Yahoo! - Internet access at a great low price. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l > To contact the List Management, please send an e-mail to: > [log in to unmask] > > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface > at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~