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Mariya Taher to represent Sahiyo at Women Deliver Conference

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Sahiyo is proud to report that cofounder Mariya Taher has been invited by the Orchid Project to attend the Women Deliver Conference in Copenhagen, Denmark and speak at a side event on Tuesday, May 17, 2016, title Female Genital Mutilation/Cutting: Achieving the Global Goal, Together.  Detailed information on side event below:

Name of Event: Female Genital Mutilation/Cutting (FGM/C): Achieving the Global Goal, Together

Organizers: Orchid Project

Date: Tuesday, May 17, 2016

Time: 18:00 – 20:00

Description: In partnership, Orchid Project and The Girl Generation will host an interactive panel event to highlight prevalence of FGM/C in countries worldwide and discuss strategies for achieving progress against Global Goals target 5.3. Diverse speakers from practicing countries will unite to share their personal experiences, bringing local activism to the global stage. Audience members will be encouraged to share and compare learnings from different contexts, discussing effective current methods and strategies for ending FGC. Together we aim to take advantage of the recently enshrined target in the Global Goals to hold governments to account and work towards a world free from FGM/C.

Speakers Include:

    • Dr Linah Jebill Kilimo, Chair of Anti-FGM Board, Kenya
    • Mariya Taher, Sahiyo, India and United States
    • Kelechukwu Nwachukwu, Nigerian youth activists
    • Filzah Sumartono, Singaporean youth activists from AWARE

CHAIRS:

    • Julia Lalla-Maharajh, Orchid Project 
    • Faith MWangi-Powell, The Girl Generation

ABOUT WOMEN DELIVER CONFERENCE:

Women Deliver, the world’s largest conference on the health, rights, and wellbeing of girls and women in the last decade, will be held on May 16-19th. The conference will bring together diverse voices and interests to drive progress in maternal, sexual, and reproductive health and human rights. Allies from around the world will come together to build capacity, share solutions, and forge partnerships, together creating coalitions, communications, and action that spark political commitment and investment in girls and women.

 The work of Women Deliver will include:

    • Convening global and regional conferences
    • Engaging new allies in the movement
    • Building the next generation of advocates
    • Developing advocacy tools and resources.

To learn more about the conference, you can visit http://www.womendeliver.org/

 

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Sahiyo infringing copyright privilege of Anjuman-e-Burhani Trust of Sydney or an instance of online harassment and limiting blogging rights- A case of Sahiyo VS the Trust

 

    • Just in case you are wondering how the page on the resolutions banning FGC (Khatna) in Australia, United Kingdom and United States vanished from our website – read on

Since 2015, Sahiyo has been operating a website to inform the public about female genital cutting (FGC) or khatna occurring amongst Dawoodi Bohra communities in India and many other countries around the globe. Our website was created with the intention to have it act as educational tool regarding the traumatic and harmful consequences of performing FGC. We also understood the importance of storytelling in engaging in social change, and allowed our blog to be a healing platform in which others can voice their own experiences of from  FGC. There is strength in numbers, and we were dedicated to empowering others to be agents of social change.

The website was also a resource where the general community could come to find out the latest news regarding FGC in the Bohra community, including country legislation banning FGC, human rights doctrines condemning FGC, research studies speaking on the harmful effects of FGC,interventions used to stop FGC, as well as media reports regarding the practice of FGC in various parts of the world.

On February 8th, 2016, the Anjuman-e-Burhani Trust of Sydney released a notice to all members of the Dawoodi Bohra community in their jurisdiction to honor the laws of the land in which they reside and, accordingly, instructed them to refrain from carrying out the practice of ‘khafd’ or ‘khanta’ on their daughters. To see more, click here. Soon after, many additional Dawoodi Bohra jamaats in different cities around the world began issuing letters to their members, asking them to stop practicing FGC because it was against the law in those countries.

Receiving these resolutions seemed like a tremendous victory, and showed that religious leaders were finally acknowledging that FGC was a harmful practice. To support the religious leaders and show the positive steps being taken by the community, Sahiyo made a page on our website to share all of the public resolutions that we were receiving from various Dawoodi Bohra jammats (congregations) throughout the world.

However, in March 2016, Sahiyo received a cease and desist letter, a threat to serve legal notice to WordPress (under which www.sahiyo.com is registered) and to sue all the five co-founders individually under the breach of Digital Millennium Copyright Act (DMCA) for publishing resolution by the Anjuman-e-Burhani Trust of Sydney on banning Khatna in Australia, the letter stated that it was a copyright infringement on Sahiyo’s part to publish this resolution on our website www.sahiyo.com.

Even though the letters did not refute Sahiyo and it’s co-founders’ right to free speech, specifically mentioning that we may go ahead and summarise the contents of the resolution, it clearly stated that we must take the letter down as it was an infringement of copyright protected by the DMCA:

“The Letter is an original work, copyright in which subsists and belongs to the Trust and the contents of which are non-trivial.”

The DMCA has been notoriously famous for being used against blogger rights and restricting their content. Many respectable organizations of international repute have fought the threat to serve DMCA or the DMCA notice in their own capacity. (Read about one such case OPG VS Diebold  won by Electronic Frontier Foundation safeguarding blogger’s interest) .

Receiving the letter was of course concerning for us, as we were only sharing what materials had been shared with us and continues to be shared through social media channels both in private (Whatsapp groups and e-mail) and public (Facebook, Twitter). What was more concerning was the question regarding why the religious authorities issuing these resolution letters would be concerned with sharing the good progress in ending FGC publicly?

Unfortunately in April 2016, we received our informal answer. Sadly, the comments by Syedna Mufaddal Saifuddin in his most recent wa’az (sermon) in Mumbai showed that perhaps the issuing of such letters was not made in the most sincere of efforts to end FGC. The Syenda’s pro-khatna remarks indicated that the public resolutions letters were applicable to the diaspora Dawoodi Bohras in Australia, United Kingdom, and United States, only on paper. Read more here. With Sahiyo receiving the  Cease and Desist Notice, an attempt to re-silence the practice of khatna had been made.

While our content is what could be termed as within terms of Fair Use Policy, meant for non-commercial, educational purposes only; circumventing any legal exchange any further, we took the page consisting of the letters down. Perhaps, it was indeed something that we couldn’t legally publish on our website. Perhaps, Sahiyo had a window through WordPress’s fair use policy. The matter was not such to press further as the all pervasive social media had already guaranteed outreach of the resolutions.

By shedding light on what our tiny/fledgling organization has faced, we hope to bring up other questions as well. Is this a copyright infringement or an example of limiting blogger rights? Why is it okay to have these letters widely published on the social media and not okay to have them consolidated on our website? This may be a legal conundrum that Sahiyo has accidentally stumbled into, but it is an important question for all of us to learn from.

 

'Everyone’s business': Representing Dawoodi Bohras at the No FGM Australia panel discussion in Sydney

by Mubina Jamdar 

 

Female Genital Mutilation is child abuse and a form of gender-based violence in the name of religion: This was the clear message that emerged from the panel discussion held at The Australian Human Rights Commission office in Sydney on April 29, 2016. The event, hosted by No FGM Australia, was titled “FGM is Everyone’s Business”, and I had the honour of speaking on the panel on the subject of khatna (female circumcision) in the Dawoodi Bohra community.

FGM is illegal in many countries around the world, including Australia. In November 2015, in one of the first convictions under Australia’s anti-FGM law, three Dawoodi Bohras were held guilty of circumcising two minor girls. Since the Bohra community predominantly comes from India, it is time for India to ban this practice and protect young girls from this barbaric practice.

At the Sydney event, speakers included internationally-renowned Professor Gillian Triggs, president of the Australian Human Rights Commission, Felicity Gerry QC, international expert in FGM law, and other FGM experts including researchers, health professionals, educators, law enforcement agency and social workers.

Here is a summary of key points that the panel raised:

    • FGM, depending on the severity of the cutting, can lead to many serious health issues, even death.
    • It causes lifelong psychological scars and for some, it leads to serious mental health issues.
    • It’s easy to stop the practice in the family if the man takes a firm stand. Women often find it difficult to convince in-laws. Therefore, educating men is equally important.
    • No Islamic scholar has cited any Quranic injunction advising female genital cutting. It’s a cultural practice that existed long before Islam.
    • FGM is an issue of child abuse and child protection. For that reason, this should be made illegal under the same provisions.
    • Australia has a large population from African countries, Malaysia, Indonesia, Egypt, middle eastern countries and many other countries where FGM is prevalent.
    • Education is the key, at the school level and in the affected community.
    • Spiritual leaders around the world need to give a joint statement to stop the practice.
    • FGM is everyone’s business.

My speech was aimed at educators, community workers and law enforcement agencies. I gave them insights into the community culture to help design future educational programs. I suggested the need to emphasize in education programs that FGM is not a teaching of the Quran or the Prophet, Rasulullah. Since this community is tightly controlled by the clergy and its head office in Mumbai, it is not sufficient to educate community members. Amils (Priests) should be held  responsible by law to discourage community members from practicing FGM. They must report incidents of FGM to the police.

How can you help?

Please sign the petition to make FGM illegal in India, addressed to the Minister of Women and Child Welfare. It was launched by “Speak out on FGM” on Change.org:
https://www.change.org/p/end-female-genital-mutilation-in-india

 

[Photo courtesy: No FGM Australia]

 

Bohra men must speak up to save their daughters from female circumcision

Name: Yusuf
Country: India

 The fatwa given during the Zikra majlis by Syedna Mufaddal Saifuddin in favor of female genital cutting dug up the wound that exists in my heart which makes me write this post.

 Looking at parts from the audio clip leaked from the majlis, at one point, Syedna Mufaddal Saifuddin says what translates to English as:

 “It must be done. If it is a man, it can be done openly and if it is a woman it must be discreet. But the act must be done. Do you understand what I am saying? Let people say what they want.”

 The Syedna made no direct mention of the word “khatna” or “khafz”, but asks that the act be done discreetly for girls so that the community does not get tangled in any legal trouble. He cryptically says, “Do you understand what I am saying?” It was a clear reference to female genital mutilation (FGM). It is obvious that this was in response to the raging debate on FGM that has occurred in public after three Bohras were convicted in Australia for practicing khatna on two minor girls. No one from the clergy has come forward to participate in this debate, and the Syedna in his fatwa said, “We are not willing to talk to anyone on this issue”.

 The reason this issue dug up a wound in my heart is that a couple of years ago my daughter was made to undergo this barbaric ritual, against my wishes, under pressure from family elders and the ladies in particular.

 A year before my daughter turned seven, my wife told me that when our daughter turns seven we have to do her khatna. Unlike most men in the community, I was aware of what khatna or FGM is and I told her that I will not allow this. I told her this practice was started centuries ago by Bohras who wanted to curb the sexual desire of their women, as they frequently travelled for business.

 I told her that there is no scientific/medical basis for khatna or FGM. There is no mention of it in the Quran and that other Muslim sects do not practice it. I even told her that it is illegal in the western world and has been declared a violation of human rights by the United Nations.

 What I also did was initiate a discussion within my close Bohra friends group. I raised the issue as to why a girl who doesn’t understand what is going on or what’s being done to her has to go through this, especially when the ones taking her for the cut are people she trusts.

 One reply I received from a female friend in the group is etched in my memory. She said, “Would you want your daughter to have multiple sex partners and have extra marital affairs?”

 I was taken aback by the reply, particularly as this friend is a well-educated person otherwise! It left me in despair on realizing the extent of falsehoods that have been propagated within the community, with people being brainwashed into believing something as barbaric as khatna, which has no scientific basis and is a violation of human rights. Forcibly doing something that is thought to curb sexual desire is in itself a violation of human rights. If educated young women of the community think in this manner, what to say of the elders who still dominate decision making in the majority of Bohra households?

 My wife agreed with me and was reluctant to put our daughter through the horror. She told my mom and her mom that I was against the decision. She was told by both that there would be no argument and that this centuries-old practice has to continue just like how they went through it.

 I being the only son, live with my parents. My wife was torn between me on one side and my mother and her mother on the other. Talking to my parents did not help and ended with the usual invocation that it’s a “religious obligation”, Moula, tears, emotions etc.

 My wife and I left the matter there hoping that when the time came, we could fake it. But, when my daughter turned seven, my mom said she would accompany us to take our daughter to get her khatna. She wouldn’t let us go alone. She made sure the appointment with a Bohra gynecologist (sigh!) was made.

 My daughter was put under the blade. The fault is mine. Maybe I wasn’t strong enough or forceful enough then to prevent that atrocity on my daughter. But, now that there is a perfidious attitude where on one hand there is this fatwa in favor of the practice, while on the other hand, jamaats in Western countries have issued letters telling citizens to refrain from the practice, I thought it is time we men from the community spoke out against it. It is time for Bohra men to be informed about this evil practice and come out against it to save their daughters.

 As it is well-known that the consequences of openly raising your voice against the Syedna has dire consequences, it is going to be difficult to get rid of this practice by mobilizing support from within the community. Some people may be against it, but they don’t say it openly.

 In my opinion, building support in the larger civil society and legal recourse is the best way to end the practice. Maybe a public interest litigation (PIL) in India will get positive result. There is already a raging debate in India over triple talaq after a lady filed a PIL against it, and it has got larger public attention and support.

 I commend the members of Sahiyo who are fighting against FGM. This post is my small contribution in support of their effort for a common good.

 ~ Written by Yusuf, a guilt-ridden and remorseful father belonging to the Dawoodi Bohra community

 

Respected Syedna, we are all disappointed by your views on female circumcision

Syedna Mufaddal Saifuddin’s recent wa’az (sermon) in Mumbai has come as a disappointment. For almost three months now, Dawoodi Bohras who wish to see an end to female circumcision (khatna) had been hopeful. Starting with Sydney in February, many Bohra jamaats in different cities around the world have issued letters to their members, asking them to stop practicing khatna because it is against the law in those countries. (Read more about the jamaat letters here.)

The jamaats issuing these letters – be it in Australia, USA, UK or Sweden – are all trusts that function with the sanction of the central Bohra leadership, whose headquarters are at Badri Mahal in Mumbai. The jamaat letters gave hope to Bohras across the world, even in countries like India and Pakistan where there are no laws against female genital cutting, that the Bohra leadership would eventually ask the whole community to stop practicing khatna.

After all, in a community that is so close-knit and centralised, why should girls in some parts of the world be spared from circumcision, while girls in other countries continue to be cut? If Dawoodi Bohras are one community, how can there be different rules based on geography?

In this light, the Syedna’s recent public sermon on April 25 has left large sections of Bohras surprised and disheartened. His speech, given at Mumbai’s Saifee Masjid on the occasion of the death anniversary of 51st Syedna Taher Saifuddin, made an indirect but fairly clear reference to khatna.

A four-minute audio clip of that section of the sermon has been circulating among Bohra social media groups all week, and several concerned community members wrote to Sahiyo to tell us that they had attended the wa’az and were shocked by the Syedna’s statements. On April 29, The Times of India wrote a report about these statements, which can be read here.

In the sermon, delivered in the Lisan-ul-Dawat language, Syedna Mufaddal Saifuddin can be heard saying the following:

Whatever the world says, we should be strong and firm…whatever they say, it does not make a difference to us, we are not willing to accept [what they say]…we are not willing to talk to them. What are they telling us? That what we are doing is wrong?…who are they to teach us?

The Syedna then makes a reference to other vices that people have, such as drugs or cigarettes, asking, “Why don’t they tell those people [that they are wrong]?”

A clearer reference to khatna comes with the following words in the speech:

It must be done. If it is a man, it can be done openly and if it is a woman it must be discreet. But the act must be done. Do you understand what I am saying? Let people say what they want…but Rasoolullah [Prophet Mohammed] has said it…Rasoolullah will never say anything against humanity. He has only spoken [of] what is beneficial…from the perspective [“haisiyat”] of the body and the soul. What do they say?…that this is harmful? Let them say it, we are not scared of anyone.”

The Syedna’s sermon is significant for many reasons. This is the first time that he has made such a clear reference to khatna in public without explicitly spelling it out. All through the recent Australia case hearings as well as the anti-khatna campaigns by Sahiyo, Speak Out on FGM and other Bohras, the community was eagerly awaiting a word on the subject directly from the Syedna.

But his declaration that Bohras must continue the act, irrespective of opposition from various quarters, indicates that Bohra authorities were not being sincere when they issued various jamaat letters around the world. The implication of his speech is that the jamaat letters asking people to stop khatna are insignificant – a mere formality to save Bohras from facing criminal consequences in countries where female genital cutting is illegal.

Were the jamaat letters a mere pretence to hoodwink international governments? His speech says “the act” must be done openly for men and discretely for women. Why?

The Syedna says that the “the act” must be practiced because the Prophet recommended as something beneficial. But according to the jamaat letters issued with the sanction of the Syedna, the Prophet also preached the value of “hibbul watan minal imam” – love and loyalty for the laws of one’s country. So which teachings of the Prophet must Bohras in those countries follow?

Most significantly, we would like to point out one thing: the Syedna’s speech dismisses and rejects all opposition from “them”, from all those saying that khatna is harmful and must not be practiced. The “they” he is referring to, however, are not just governments of countries like Australia or the USA.

The strongest form of opposition to khatna is now coming from within the community – from Bohra women who have either undergone khatna or have seen their loved ones go through it, and from Bohra men who are horrified that their daughters, sisters, mothers and friends have to go through the cut. These are Bohras of all hues – staunch believers, regular masjid attendees, occasional attendees, sceptics, liberals, traditionalists, reformists – but they are Bohras, and they no longer want the practice of khatna to continue. By alienating these women and men as “they”, as outsiders, the opposition cannot be wished away.Those opposed to the practice have strong reasons for their views, and we urge the Syedna and all Bohras to engage in meaningful debates and discussions on the issue, rather than trying to shut out opposition.

Lastly, the Times of India report quotes a source close to the Bohra authorities, claiming that this speech was not about khatna and has been misinterpreted. However, hundreds of Bohras have interpreted his speech as a reference to khatna and circulated the audio clip widely. If the leadership believes that all of these people misinterpreted the speech, we urge the Syedna to publicly clarify this, and make his stance on khatna clear.

 

Sahiyo Speaks at United Nations for Commission on the Status of Women Annual Conference

On March 21st, Mariya Taher spoke at a Commission on the Status of Women (CSW) side event entitled: Empowering Muslim Women through Storytelling: A Roundtable Discussion. Sponsored by the Permanent Mission of the United States of America to the United Nations Permanent Observer Mission of Organization of Islamic Cooperation to the United Nations, the event sought to showcase how storytelling can inspire social change and focused specifically on how storytelling platforms can be used to amplify the voices of Muslim women worldwide, particularly with the rise of Islamaphobia.

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The panel highlighted storytelling collectives like the Muslim Women’s Story Lab and Hijabi Monologues, organizations that have created platforms for Muslim women to reclaim their own narratives, whether discussing issues of women’s leadership and mosque access to rising anti-Muslim sentiment and questions around race and solidarity with broader social justice movements. Mainstream storytelling initiatives, such as StoryCorps, were also part of the panel as they have sought to engage diverse communities, including Muslim women, through community-based outreach. Lastly, Breakthrough’s the G word and Sahiyo’s new FGM/C storytelling initiative were asked to speak as part of this panel as these organizations aim to spark discussion on gender identity and gender-based violence through interactive digital platforms.

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 Speakers included:

    • Women in Islam, Inc. founder, Aisha al Adawiyah
    • StoryCorps producer, Cailey Cron
    • Muslim Women’s Story Lab Aisha al Adawiyah, Maha Marouan, and Tamara Issak.
    • Hijabi Monologues founder, Sahar Ullah
    • Breakthrough’s the G word, Ishita Srivastava
    • UN Women’s Mohamed Naciri

To read more about the event, click here. To learn more about work that Sahiyo is doing, visit our website at www.sahiyo.org.

Human Rights Day panel at New England School of Law

On March 10, 2016, Sahiyo Co-founder Mariya spoke at the New England School of Law for the event: Human Rights Day Panel: A Poignant Discussion on Female Genital Mutilation. Prior to the beginning of the event, the panel organizers played the Hindustani Times news report FGM: India’s Dark Secret to provide context that FGM/C is more global issue than previously acknowledged. In acknowledging the global nature of FGC, currently, the state of Massachusetts in the United States is in the process of passing legislation criminalizing all forms of FGC with the bill – “An Act Establishing Civil and Criminal Penalties for Female Genital Mutilation” (House Bill H1530; Senate S1116).

 Other speakers on the panel included members of the Massachusetts FGM Task Force who have been diligently working on the FGC issue for number of years. These members included Katie Donahue Cintolo, Women’s Bar Association and Susan McLucas, director of Sin Saunuman (Health Tomorrow) organization. Professor Dina Francesca Haynes, a human rights lawyer and professor at the New England School of Law who has worked on hundred of FGC cases also spoke.The event was presented by the International Law Society and sponsored by the Immigration Law Association, the Charles Hamilton Houston Enrichment Program, and the Center for International Law and Policy.

 

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