A 2023 research study by Sean Callaghan states that in Hawaii, 304 individuals are living with the consequences of female genital cutting (FGC), and 1,041 individuals are potentially at risk of FGC. Yet, Hawaii is still one of nine states remaining in the U.S. that have not passed laws to prevent and protect survivors and individuals at risk from FGC.
Previous attempts to pass legislation to make FGC illegal in Hawaii occurred in 2019 and 2023.
In 2019, House Bill 132 & Senate Bill 1434 sought to criminalize FGC by establishing it as a class B felony offense for performing, facilitating, or allowing the procedure on minors. Both bills acknowledged the severe physical, psychological, and social harm caused by FGC and asserted that this harmful practice cannot be justified on cultural or religious grounds. The Senate Bill also required county prosecutors to track and report cases of FGC each year and required courts to collect and share these reports with the Legislature. Additionally, the Department of Health would have been tasked with creating a plan to raise awareness about prevention and treatment related to FGC and update the Legislature on its progress. While each bill was read in the House and Senate, respectively, they never had public hearings or progressed further in the legislative process.
In 2023, Senate Bill 131 was introduced and sponsored by Representatives Stanley Cheng, Angus L. K. McKelvy, Karl Rhoades, Michelle N. Kidani, and Tim Richards. This bill was carried over into the 2024 legislative session, but unfortunately, it died in committee. This bill not only provided a comprehensive definition of FGC but also made it a class B felony to perform, allow, authorize, or direct another person to perform FGC on a minor. SB 131 established that individuals under the age of 18 could not consent to FGC and that “cultural, religious, or traditional customs, as well as consent from the individual or their guardian, are not considered valid defenses” for performing FGC.
The bill included affirmative defense provisions such as medical exemptions and mandatory reporting requirements. Additionally, mandatory reporting requirements made it compulsory for healthcare professionals, teachers, social workers, and other individuals in positions of authority to report known or suspected cases of FGC. If these mandatory reporters failed to report cases within 24 hours, they could be charged with a petty misdemeanor.
This bill also tasked the Administrator of the Hawaii Criminal Justice Data Center with the annual compilation and reporting of FGC-related statistics and incidents, which would have helped monitor the prevalence of FGC and allowed for the assessment of the efficacy of preventative measures.
Both researchers and advocates working on policy addressing FGC in Hawaii believe that the bills have not passed due to a lack of belief about FGC occurring in Hawaii, an issue faced in many other states. Despite these failed past attempts, survivors and anti-FGC advocates believe it is possible to pass legislation in Hawaii, and in 2024, an informal group of individuals and organizations have come together to slowly and surely educate the Hawaii legislature on FGC and the need to work in a bipartisan manner to pass legislation that protects all children from this harmful form of gender-based violence. Additionally, a Change.org petition was started to gather attention on the fact that Hawaii needs a law to protect children from FGM/C.
If you have information about these legislative attempts to pass bills in Hawaii on FGC, information on FGC in Hawaii, or want to learn more about Sahiyo’s policy work, please contact us at info@sahiyo.org.
