Female genital mutilation would become a criminal offence punishable by up to seven years under a Private Member’s Bill presented yesterday by Labour MP Chris Fearne.
The Bill was prompted by the increasing number of African asylum seekers coming to the attention of local doctors because they have been the victim of female genital mutilation in their own countries.
Consisting of amendments to the Criminal Code, the Bill was presented yesterday morning to the Clerk of the House.
If the intervention leads to grievous bodily harm, the seven-year prison term may be increased to nine years and to 20 in extreme cases leading to death.
Addressing a news conference in Valletta, Dr Fearne said there had been no cases of female genital mutilation reported locally.
However, there was a real risk that Maltese girls born to African parents could be taken abroad to undergo this procedure, which is especially popular in the sub-Saharan region.
In this case, the perpetrators would still be liable to prosecution if they were permanent residents on the island, Maltese nationals, or if the offence was committed against a Maltese national or a permanent resident.
The Bill says that operations carried out with the individual’s consent were not exempt from punishment. In addition, those who fail to report a case would be liable to a fine of up to €5,000 and two years’ imprisonment.
The World Health Organisation defines female genital mutilation, which is also known as female circumcision, as involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.
It is typically carried out on girls aged four to 10 without anaesthesia, by a traditional circumciser using a knife, razor or scissors.
In an interview with The Sunday Times of Malta last month, Dr Fearne had said that obstetricians were coming across an average of two women per month who had been victims of genital mutilation.
Obstetricians are coming across an average of two women per month who had been victims
The Malta Midwives Association, which has been urging the Government to legislate against this practice, had already expressed its concern that midwives were coming across more cases of women with severe complications due to the condition.
The Bill includes Criminal Code amendments that make forced sterilisation punishable by up to 10 years in prison.
It also deals with cases of forced marriage, which carry sentences up to five years in jail.