Background on FGM/C in Hawaii

There are no available estimates on the number of women and girls who have undergone or are at risk of FGM/C in Hawaii. Data on prevalence rates is urgently needed to fully understand the scope of the problem and enact necessary structures and support services to end FGM/C in the state.

Additionally, and despite previous attempts, FGM/C is currently not a crime in Hawaii. In 2019, two bills against FGM/C were introduced; HB 132 and SB 1434. These were read into the House and the Senate, but never progressed to public hearings. 

A New Bill Targeting FGM/C was Introduced to the Hawaii Legislature in January 2023, however, it Failed to Pass

In January 2023, SB 131 was introduced to the Hawaii legislature and subsequently carried over into the 2024 session. The bill is sponsored by Representatives Stanley Cheng, Angus L. K. McKelvy, Karl Rhoades, Michelle N. Kidani, and Tim Richards. Unfortunately, the bill never progressed any further.

The bill outlined prohibited acts related to FGM/C as a person knowingly or intentionally circumcising, excising, or infibulating “the whole or any part of the labia majora, labia minora, or clitoris of another person,” or a parent, guardian, or other legally responsible person allowing such acts. The bill made FGM/C a Class B felony under Hawaii state law, with a prison sentence of between five and ten years for those found guilty.

The proposed also bill contained a number of praiseworthy additional elements, including that it: 

• Established mandatory reporting requirements regarding alleged survivors or people at risk of FGM for health professionals, law enforcement, and social workers;
• Called for the collection and reporting of statistics on FGM cases;
• Stated that “custom, ritual, or religious practice” or consent of the child are not a defense to prosecution;
• Included a provision on vacation cutting, such that travel for the purpose of performing FGM/C is punishable under the statute.

It is, however, important to note that the definition of FGM/C under the bill did not encompass FGM/C Type 4 or cutting of the clitoral hood. As such, future bills should amend their definition in line with that of the World Health Organization, which covers all forms of FGM/C. 

Equality Now urges that a new, more comprehensive bill on FGM/C be introduced and passed into Hawaii law, such that all those who have undergone or are at risk of the harmful practice can be effectively protected.