Realización de los controles

penalising FGC:

Female Genital Mutilations, although part of traditional practices and customs, constitute intolerable violations of the physical and psychological integrity as well as the health of many women and young girls. These practices are no longer relevant in the new socio-cultural dynamic of Senegal. Their legal abolition as indicated in Article 299 of the penal code takes this into account and also the respect of international conventions ratified by Senegal, especially convention 1979 on the Elimination of all Forms of Discrimination towards Women

44 _{While Niang refers to the intellectual tradition of Négritude in his defence of excision, the}

Senegalese scholar Cheikh Anta Diop knew Molly Melching and suggested the name Tostan, meaning ‘Breakthrough’ in Wolof, for her NGO. I do not want to imply that the Négritude movement is against the abandonment of excision, although the author of the article seems to argue that it is.

and the convention of 1990 regarding Children’s Rights. (from government’s official proposal, in Tostan 1999: 69)

According to Molly Melching, a group of parliamentarians sought Tostan’s advice concerning the impending law to be debated by the National Assembly at the beginning of January 1999 (Tostan 1999: 69). As Tostan had experience with villagers who stopped excision, they wanted to hear more about how to approach the ‘abandonment’. Melching sent some ministers to meet the women of Malicounda to discuss their reasons for renouncing excision and how they felt about the passing of a law. Tostan was not in favour of a law penalising the practice, in contrast to other activists such as Madame Sidibe Ndiaye of COSEPRAT, who was a promoter of the new law. According to Melching, it seemed impossible to criminalise the practice before informing the population sufficiently of the reasons for the ban.

The day before the law was passed, on 12 January 1999, a delegation of villagers from Malicounda and Diabougou and Medina Cherif, as well as other women’s groups who had fought for an abolition of FGC for many years, met with members of Parliament in Dakar. The villagers expressed their views that the government should take a firm stand against the practice by voting for a law. However, they unanimously requested a delay in its application. They were concerned about other members of their ethnic group who had not benefited from the education programme and ‘did not know about the health risks involved in the cutting’ (Tostan 1999: 70).

The parliamentary debate on the amendment of the law in the National Assembly on 13 January has been depicted in a number of documents, but unfortunately I could not obtain a complete recorded version of the event.

According to Melching (Tostan 1999), the event took place in the following way: Mata Sy Diallo of the women’s parliamentary group began the debate and spoke of the dangers of FGC. She thanked the villagers who had testified in front of the committee and spoke of their warnings that sufficient education is needed before the application of the law. The famous and influential Tijanne leader Thierno Mountaga

Tall, a Pulaar marabout and El Hadj Omar’s grandson,45

had distributed a carefully put together document for the parliamentarians on the same day. It was called Preuves éclatantes au sujet de la pratique recommandable de l’éxcision des jeunes filles46

(Tall 1999) and contained information about the religious importance of excision. On the grounds of Tall’s arguments for the practice and against the proposed law, many parliamentarians raised concerns about outlawing excision during the debate. Some said that they could not vote for the law because they did not want to criminalise their relatives for respecting tradition and religion.

According to Tall’s document, in which he explains different Islamic scholars’ positions on what the Prophet and his companions thought of excision,47 the purpose of cutting the clitoris (khifad) is to protect women from excess of sensuality.48 ‘Excessive sensuality’ could tempt a woman to commit despicable acts, Tall argues.

45 _{The legendary Islamic leader El Hadj Oumar Tall (Al Hajj Umar according to Robinson [1985] and}

Willis [1989]) is celebrated for having introduced the Tijaniyya order (tariqa) to Senegal in the 19th century as well as for having defended Islam and the interests of the Futanke against French

colonialism. Islamic practice is said to have been present in the Tekrur empire, the region called Fouta Toro today, since at least the Mana dynasty in the 9th century (Wane 1969). Wane (1969) suggests that the Maninka ruler of Tekrur, War-Jabi, introduced Sharia law between 1030 and 1040. From here, Islam slowly spread further south into Djolof, Kayor, Baol and Sine Saloum, areas that are Senegal today. However, the predominant tariqa until El Hadj Oumar’s reforms was the Qadiriyya (founder, Iranian Abdul-Qadir Gilani, 1077–1166) mixed with local religious beliefs and indigenous spiritual practices. Although El Hadj Oumar Tall, born around 1797 in Halwar, Fouta Toro, started his religious life as a member of the Qadiriyya, he later converted to the Tijaniyya and was declared a Khalifa of the order (Dilley 2004: 102). His mission was to proselytise the way of the Tijaniyya, fight against

religious syncretism or mixing (ikhtilât) and to ‘reinstate a purified form of Islam’(Dilley 2004: 102). Robinson suggests that he even considered the Muslim inhabitants of upper Senegal and Upper and Middle Niger valleys ‘pagan’, one of the reasons why he launched a Jihad against them (Robinson 1987: 249). Besides being known as a warrior in the name of Islam and the founder of the ‘Umarian state’ (Robinson 1987, 1988), he is admired by locals for contesting the French expansion in the upper and middle valleys of the Senegal River. Robinson suggests that, for the first time, the French had to seriously justify and defend a strong European presence in the region, an ideological challenge for Governor Faidherbe (Robinson 1988: 418). Locals interpret El Hadj Omar Tall’s success in

establishing an Islamic state in spite of the French antagonism as due to his spiritual strength and the guidance of Allah. For many Futanke and Senegalese I met, Thierno Mountaga Tall’s kinship ties to this legendary figure were of great importance. His recommendations were far more influential than a politician’s.

46 _{Translation: Striking Proofs Concerning the Recommendable Practice of Excision of Young Girls}

(1999).

47 _{‘Al-Fawz Wa An-Najah; Hadith of Tabarani called Al-Awsa; according to Abou Hurayra excision is}

Fitra (bringing the human being to perfection); Nawawi Tome; Abu Abdallah, Ibn Dawud a Hadith of the Prophet’s wife Aicha; Buhayqi; the Prophet’s companion Ibn Abbass. These Hadith can be found in Al- Kabir de Dahhak b Qays …: al-Fawakih ad Dawani ala Risala b ibn Abi Zeyd al-Qayrawani and in Bulghat as-salik as well as in the Fatawi of Cheikh Ibn Taymiyya vol. 21 Tome, and in ad-Dahhak b Qays’ (Tall 1999).

48 _{‘Nous avons compris maintenant que l’intérêt de l’excision est de protéger la femme contre l’excès}

de sensualité qui pourrait la pousser a commetre des bassesses ou (simplement) a s’en approcher’ (Tall 1999: 15). There is not a commonly used term for ‘sensuality’ in Pulaar except mo waawaa jaggude hoore mum – ‘she cannot control herself’, or baawaado ngoraagu – ‘he cannot control himself’.

As nowadays most husbands travel and stay away from their spouses for long periods of time, the Prophet’s warning against ‘excessive sensuality’ is even more relevant than it was in the past. What Tall means is that the desire for sensuality might tempt a woman to commit adultery rather than waiting for her husband to come home. ‘The wisdom of excision lies in the fact that the woman can abstain from sex for longer and thus guard her honour (Tall 1999: 15). The Al-Fawz Wa An-Najah states that ‘Virtuous women obey [their husbands] and protect what needs to be protected during the absence of their husbands, with the protection of Allah’ (Tall 1999: 15). Furthermore: ‘If the woman accomplishes her five prayers a day, lawfully, fasts her month [of Ramadan], protects her sex [exclusively for her husband] and obeys her husband, she is asked through which door she wishes to enter paradise’, as the Prophet promised in a Hadith.

Tall reminds the Muslim Senegalese citizen that the teachings of the Prophet as well as those of his wise followers should not be abandoned for foreign Western pretensions that are unfounded and false. He raises the rhetorical question of whether a Muslim has the right to abandon what has been legally approved (Sharia), to follow a Muslim who cannot justify his opinion or, even worse, to follow the advice of a non-Muslim (1999: 16). Tall concludes his document with the following remarks: To prohibit Muslims from the practice of the recommendations of their religion and their customs is a sinful act and an injustice that retards human rights. He reminds the reader that breaching human rights is condemned according to the constitution of the country – it is the right of every citizen to practise their religion and their beliefs without hindrance or harassment. Furthermore, the discussion about excision and circumcision is religious and customary in nature and a secular state should not get involved. If the state intervenes on this question, why does it not intervene on worse crimes such as prostitution, the consumption of alcohol and tobacco? For there is no doubt about the fact that these practices are harmful to people’s health, as has been proven by modern medicine. In the name of religion he therefore appeals for medicalisation of the practice instead of criminalisation (Tall 1999).

Images 13: Thierno Mountaga Tall El Hadj Omar Tall in his fight against French Colonialism49

This document strongly influenced the views of those parliamentarians who adhere to the Tijaniyya brotherhood (Cruise O’Brien 1988; Brenner 1988, etc.), and particularly Haalpulaar’en who felt loyalty towards the most influential religious leader from Fouta Toro. Due to Tall’s reputation as a renowned and influential religious leader it was very difficult for some parliamentarians, who had kinship ties or were morally obliged to this figure of authority, to speak out against his recommendations.

The effect of this pamphlet is depicted in an article on the debate in the National Assembly in the governmental newspaper Le Soleil.

Le Soleil, 15 January 1999,50 documents the debate with citations. ‘It is impossible to turn a cultural practice into an offence for it cannot stop the act’, argued the Member of Parliament Cheikh Saad Bouh Fall. ‘The motivations for the project of passing this law are unacceptable’, said Abdou Fall, and Yoro Deh added to this that: ‘The penalty of six months to five years of imprisonment foreseen in the new Article 299 is excessive.’ Ibrahima Fall argued that ‘The project of the law is precipitated. We did not expect this now. We wanted a penal code on family planning first that incorporates all these questions in a more general way.’ The event of Malicounda was discussed in detail and it was said that abandonment was achieved there because of the beneficial social environment provided by the education project and NGOs’ development efforts. However this change in opinion was not possible in other places, it was said. Some Members of Parliament, such as Cheikh Abdoulaye Dieye, referring to Thierno Mountaga Tall’s declaration condemning the law for religious reasons, went as far as saying: ‘My religion forbids me to vote for this law against excision.’ Furthermore, the possibility of medicalising the practice was discussed. Dieye suggested that this would guarantee ‘the girls’ aesthetic charm without the harmful consequences’. Babacar Baptiste Dioh countered this: ‘No! There is no charm, nor anything aesthetic about a mutilation.’ Doudou Wade defended Dieye’s point of view: ‘Excision is a religious problem. To attack it would mean challenging [remettre en cause] Article 19 of the Constitution.’ Jean Paul Dias reinforced their arguments saying that ‘To criminalise excision means to criminalise a custom.’

49 _{Pictures taken from www.asalama.com; www.rimaneclub.vip-blog.com; africansuccess.org} 50 _{Translated by myself.}

Despite the contradictory views voiced during this ‘long and difficult debate’,51

the majority finally voted for the law against excision (Article 299) at 11:20 p.m. In the end the female parliamentarians, themselves being from ethnic groups that practise excision, seemed to be the greatest defenders of the law and were extremely critical of the practice – whereas the men were hesitant to vote for its criminalisation, according to Melching (of the NGO Tostan) and Ndiaye (of the NGO COSEPRAT). Some were afraid of passing such a law and wanted to protect their relatives and members of their ethnic groups from penalty, but surely also to avoid criticism from their own relatives and the people whom they were supposed to represent. However, it was agreed that without education and social mobilisation, it would be impossible to get people to accept the new law and stop practising, thus that its application should be postponed. Instead, national strategies for the abandonment of excision would be developed.

In this chapter, I have discussed the movements that preceded the ban on excision in Senegal and how the legislation came to be passed. I have explained which organisations were involved in campaigning against the practice since the beginning of the 1980s, and how Tostan’s basic education programme was perceived to have led to the Malicounda declaration, which became an event of ‘national importance’. I have also discussed how different ‘events of national importance’ were fabricated in ways that made many people perceive ‘a need for a law’ and a national call for abandonment. However, in contrast to these views there were others who did not register these events (Farge 2002) as important, and who defied the law on the eve of the debate at the National Assembly. I argue that the passing of the law and related activities represent events that dramatically changed the ways in which women’s bodies, their honour, morality and purity were perceived, legitimised and silenced in Das’s sense (1996). From this vantage point we will continue to explore throughout this thesis how the law challenged perceptions of women’s bodies and the authority of the state. This is particularly relevant in the region of Fouta Toro as it has been called ‘the most difficult area’, or ‘the area with the most overt opposition’ to the law and NGO intervention. I therefore want to end this chapter with a timeline of locally

relevant ‘events’ of opposition to governmental and non-governmental intervention raising awareness about the law in Fouta Toro.

2.6 The opposition to the law and non-governmental intervention in Fouta Toro

I was told about these ‘events of resistance’ by Tostan staff in Fouta Toro52 and other informants. The reader will learn more about some of these incidents in chapters 7 and 8, and will meet some of the key actors. This list of events should not be considered exhaustive; it is intended to indicate what kinds of incidents constituted ‘events of opposition’ for Futanke who worked for NGOs aiming to achieve an acceptance of the law, as well as for others who opposed governmental attempts to bring an end to the practice.

List of ‘events of resistance’ in Fouta

1992 Tostan opens basic education centres in Fouta Toro focusing mainly on literacy, problem resolution, hygiene, health, management of resources, finance and feasibility study, and not on reproductive health, human rights, etc. The programme is popular and there is little ‘resistance’.

1997 A new Tostan programme is introduced with changed modules commencing with reproductive health, the harmfulness of excision and women’s rights. A lot of people seem to find this shocking in Fouta Toro and the programme has difficulties continuing – some centres shut down.

1998 In August, the women of Malicounda Bambara near Thies publicly declare their abandonment of excision and early marriage after following Tostan’s programme.

1999 On 13 January, after much debate and controversy, the National Assembly passes a law criminalising the practice of excision in Senegal. The influential religious leader Thierno Mountaga Tall distributes a pamphlet arguing that excision is a religious recommendation according to the Hadiths and speaks out against the law. This document creates a lot of upheaval and dissatisfaction with the law in Fouta Toro.

52

I thank Abou Diack, Abou Camara, Khalidou Sy and Khadija Ka at Tostan Fouta. They provided me with accounts of what happened and details of dates, villages and who was involved. They had all been present during some of these events.

2000 Les événements de Aere Lao. On 4 November the NGO Tostan plans to hold a meeting in Aere Lao, Fouta Toro, to discuss human rights, excision, and early and forced marriage with the population. Parliamentarians are invited to come to this meeting to ‘explain the law’ to the religious leaders and the population. Various women for the abandonment of excision are present to publicly discuss the issue with local women. However, the activities are blocked by religious leaders who threaten the heads of the NGO and religiously condemn them for publicly questioning the practice of excision. A week later the marabout loses two legs due to a diabetic shock. These incidents are widely seen as being linked.

2003 Tyre burning incident. The NGO Tostan plans another meeting to discuss the harmfulness of excision with the local population in Ourosogui. They are accompanied by a German delegation of funders and UNICEF. However the delegation is kept in the hotel and threatened by locals who order them not to discuss excision with the population. The foreign visitors are refused access to the local hospital. Tyres are burnt outside the hotel.

2003 The village of Seedo Abbass and 12 other villages publicly declare their abandonment of excision and early and forced marriage with the help of Tostan. The declaration is funded by UNICEF.

2004 The villagers of Gassambiri want to organise a public declaration in their village but the local authorities refuse to go to Gassambiri for reasons related to what is called ñaagunde Alla Jaɓaande, which is translated into French as ‘prière divine acceptée’.53 It is believed that since colonial times the village is protected by a spiritual force that kills any governmental administrator who enters the village. Enthusiastic ‘casted people’54

of the village of Polel organise a public declaration but a returned emigrant from the leading Tooroodo status group wants to take over the leadership. Tostan refuses because the organising committee of the declaration is already in place with democratically elected casted people in the leading positions. The Tooroodo then blocks continuation of activities and the organisation of the declaration fails.

2005 In November Seedo Abass hosts another public declaration of 76 villages in Fouta Toro who followed Tostan’s education programme and want to abandon excision.

2007 In January, the influential religious leader Thierno Mountaga Tall dies. The question arises amongst NGO workers and activists as to what will happen now that the most vehement opposer is no longer alive.

53

Literally ‘divine prayer accepted/heard’.

54

Haalpulaar’en society is hierarchically ranked according to status/occupational groups. Each group is called hinnde (plural: kinɗe), which is translated into French as caste. Among all groups there are three broad categories: the noble – Rimɓe; the men of skill – Ñeeñɓe; and slaves – Jeyaaɓe. Paradoxically, even though in Pulaar all members of these categories are referred to as belonging to kinɗe, in French the Ñeeñɓe and Jeyaaɓe are referred to as ‘casté’ and the noble as ‘non-casté’ – literally ‘without