Crimes (Definition of Female Genital Mutilation) Amendment Bill

Thank you, Madam Chair. Can I just begin this contribution by acknowledging the co-sponsors of this bill: Jenny Marcroft from New Zealand First, Jo Hayes from the National Party, and Golriz Ghahraman from the Green Party. As has been mentioned before, this is the first time that we’ve seen a multi-member bill progress through the House, and it is with great pride that I add my name to this bill. Can I also acknowledge the Commonwealth Women Parliamentarians group for their leadership on this bill as well.

This is a bill that will extend the definition of the Crimes Act 1961 to prohibit all forms of female genital mutilation (FGM) in New Zealand. I’ll just point to the Human Rights Commission’s submission to this bill, because they’ve laid out quite clearly what the World Health Organization has suggested that member States do, which is what this bill, in effect, does, and that is to classify the four types of female genital mutilation.

Currently, under New Zealand law, it’s largely excision that is criminalised, but there are four different types: type one, which is often referred to as clitoridectomy, which is the partial or total removal of the clitoris; type two, which is often referred to as excision, the partial or total removal of the clitoris and the labia minora; type three, which is often referred to as infibulation, which is the narrowing of the vaginal opening through the creation of a covering seal; and type four, which includes all other harmful procedures. It includes pricking, piercing, incising, scraping, and cauterising the genital area. And that’s what the expansion of the extension of the definition of “female genital mutilation” in the Crimes Act seeks to do.

This also includes arranging for a child to be sent or taken outside of New Zealand with the intent for FGM to be performed. And it also makes very clear that consent is not a defence to this. By way of a little bit of context to where this bill has come from, it is a global issue, as other speakers before me have said. UNICEF estimates that over 200 million women and girls have undergone it, with 30 million girls under the age of 15 being at risk of FGM between 2016 and 2026.

Just to fast forward to New Zealand, this has been an issue in New Zealand since the 1990s. The FGM programme—and at this point, can I just acknowledge the FGM Education Programme in New Zealand that has been led by Ayan Said and Nikki Denholm, and over years they’ve done a huge amount of work to raise awareness, to educate various communities, and to bring down the support within communities for FGM. They have undertaken three different surveys across New Zealand from 1997 through to 2017, with one in 2007. What we can see quite clearly is that support for FGM has decreased over the years from within the communities that are affected by FGM themselves. We also see that areas that have received minimal FGM health education activities actually experienced less satisfaction with maternal healthcare, and that speaks to a recommendation by the Health Committee to provide national guidelines, so that this issue can be dealt with by organisations like the police, but also to improve upon and continue education programmes across New Zealand so that we continue to reduce support for FGM.

The select committee worked very well and suggested a number of changes that will strengthen the bill by making the definition fit for purpose, by ensuring that cosmetic and enhancement procedures are not inadvertently included as the bill’s definition has expanded, and also by extending the exclusions that are currently provided to doctors and midwives also to nurses and nurse practitioners so that they can perform medical procedures for the benefit of women without accidentally being criminalised by this bill.

This is a bill that was strong at the start and has been strengthened further through the select committee process. Can I thank members of the Health Committee, submitters who have provided their views to strengthen the bill as well, and officials for their work on this bill. It has also been noted by submitters that extensive consultative processes have been undertaken within, for example, the refugee community leaders in New Zealand with strong support from them as well, as well as from those who work within the health sectors of New Zealand also. I commend this bill to the committee.

Clauses 1 to 4 agreed to.

House resumed.

The Chairperson reported the Crimes (Definition of Female Genital Mutilation) Amendment Bill without amendment.

Report adopted.

Third Reading