4. That I know that no cause of action against the respondent has been disclosed in the petition. 5. That I know that the respondent has not by any act or omission violated any provision of the Constitution. 6. That I know that this petition is misconceived and does not raise any matter for constitutional interpretation under article 137 of the Constitution. 7. That whatever I have stated herein is true and correct to the best of my knowledge.” [3] THE ISSUES: At the Scheduling Conference which took place before the Registrar of this Court, the following issues were framed:(a) Whether the petition raises any matter for constitutional interpretation. (b) Whether the custom and practice of female genital mutilation is unconstitutional and should be declared null and void. At the trial Mr. L. Rwakafunzi of M/s Rwakafunzi & Co. Advocates represented the petitioner while Ms Patricia Mutesi a Senior State Attorney of the respondent represented the Attorney General. When the case was called for hearing, Ms Patricia Mutesi stated that the Attorney General did not wish to contest the petition. Mr. Rwakafunzi treated this as a concession by the respondent who had earlier in pleadings contested the validity and the merits of the petition. As a result, he did not make any submissions and left the matter to court to consider and deliver judgment. He, however, made available to court two documents which in his view contained enough literature on Female Genital Mutilation that would assist the court to understand the meaning and the effects of Female Genital Mutilation. [4] BACKGROUND LITERATURE: The first document which Mr. L. Rwakafunzi made available to court is entitled:“ELIMINATING FEMALE GENITAL MUTILATION An Interagency Statement ONCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO.” In order to appreciate the weight and importance to be attached to the contents of the documents, it is necessary to state in full the names of the agencies stated to be behind the statement:1) OHCHR – Office of the High Commissioner for Human Rights. 2) UNAIDS – Joint United Nations Programme for HIV/AIDS. 3) UNDP 4) UNECA – United nations Economic Commission for Africa. 5) UNESCO– United Nations Education, Scientific and Cultural Organisation. 6) UNFPA – United Nations Population Fund. – United Nations Development Programme.

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