FGM and asylum in Europe - Forced Migration Review mini-feature
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
May 2015
Forced Migration Review mini-feature
FGM and asylum in Europe
The five articles in this FMR mini-feature address some of the issues relating to the practice of
FGM in respect of asylum. The focus is on asylum in Europe in particular, and this mini-feature
has been produced in collaboration with UNHCR’s Bureau for Europe who are also generously
funding the printing costs.
The mini-feature is online at www.fmreview.org/climatechange-disasters/FGM.pdf. Please
feel free to circulate it, print it out, link to it, etc. To access it in French, Spanish and Arabic,
or to access the individual articles in HTML, PDF and (for English) audio format, visit
www.fmreview.org/climatechange-disasters. To request print copies, email fmr@qeh.ox.ac.uk.
Female genital mutilation: a case Female Genital Mutilation (FGM) comprises all procedures
for asylum in Europe involving partial or total removal of the external female
Fadela Novak-Irons (UNHCR) genitalia, or other injury to the female genital organs, carried
out for traditional, cultural or religious reasons. In other words,
FGM: challenges for asylum the procedure is for non-medical reasons.
applicants and officials All forms of FGM are considered harmful, although the
Christine Flamand (INTACT) consequences tend to be more severe the more extensive the
procedure. Other factors, such as age and social situation, may
The medicalisation of female genital also have an impact on the gravity of the consequences. FGM is
mutilation mostly carried out on girls under the age of 15 years, although
it is occasionally also performed on adult and married women.
Pierre Foldes and Frédérique Martz
The procedure is often performed with rudimentary tools and
(Institut en Santé Génésique) without anaesthesia while the girl or woman is held down.
Almost all those who are subjected to FGM experience extreme
The Istanbul Convention: new treaty, pain and bleeding. Other health complications include shock,
new tool psychological trauma, infections, urine retention, damage to
Elise Petitpas (End FGM European Network) the urethra and anus, and even death. The ‘medicalisation’ of
and Johanna Nelles (Council of Europe) FGM, whereby the procedure is performed by trained health
professionals rather than traditional practitioners, does not
necessarily make it less severe.
Changing attitudes in Finland
towards FGM Taken from UNHCR (May 2009) Guidance Note on Refugee
Saido Mohamed and Solomie Teshome Claims relating to Female Genital Mutilation
(Finnish League for Human Rights) www.refworld.org/docid/4a0c28492.html
FGM terminology
Initially the procedure was generally referred to as the negative connotations of ‘mutilation’ for survivors
‘female circumcision’ but the expression ‘female and partly because there is some evidence that the use
genital mutilation’ (FGM) gained support from the late of the term ‘mutilation’ may alienate communities that
1970s in order to establish a clear distinction from practise FGM and thereby perhaps hinder the process
male circumcision and to emphasise the gravity and of social change.
harm of the procedure.
Abstracted from World Health Organization (2008)
From the late 1990s, the terms ‘female genital cutting’ Eliminating Female genital mutilation: An interagency
(FGC) and ‘female genital mutilation/cutting’ (FGM/C) statement, p22. www.who.int/reproductivehealth/
have also been used, partly due to dissatisfaction with publications/fgm/9789241596442/en/FMR 49
2 FGM and asylum in Europe
May 2015
Female genital mutilation: a case for asylum in Europe
Fadela Novak-Irons
With some 71% of female EU asylum applicants from FGM-practising countries estimated to
be survivors of this harmful traditional practice, it is time to accept that this subject demands
greater scrutiny and a more dedicated response.
UNHCR has estimated that 18,500 of the they could avail themselves, the specific
25,855 women and girls from FGM-practising interventions they may need during the
countries seeking asylum in the EU in the asylum procedure (and later when/if settling
first three quarters of 2014 may have been in Europe), and the prevention of the practice
survivors of female genital mutilation (FGM), by the communities in exile in Europe.
translating into an estimated 71% prevalence
rate of FGM in EU asylum systems. The main Complex asylum claims
countries of origin for these women and girls For the first three quarters of 2014, the
include Eritrea, Nigeria, Somalia, Guinea and main countries of asylum for women and
Ethiopia, most of which have persistently girls from FGM-practising countries were
high prevalence rates for FGM.1 These Germany, Sweden, France, Switzerland, UK,
numbers debunk the still all too common the Netherlands, Italy, Belgium, Norway
view that the practice is so insignificant in and – a new entrant into the list – Denmark.
the asylum system as not to merit dedicated
attention and specific responses. The fact that only a handful of states collect
data on the grounds on which applications
There are a number of misconceptions are made and decided limits our ability
relating to FGM that may create obstacles to to better understand the extent of this
meeting the specific protection needs and phenomenon. Gathering better statistical
vulnerabilities of these women and girls. Many data on FGM in European asylum systems
workers in the European asylum systems are should be a priority; data should include
not familiar with the practice and it is not the number of FGM survivors assisted in
uncommon to hear or read opinions that FGM European asylum centres as well as the
is not a problem for these women because it number of asylum claims involving FGM
is part of their culture; that educated parents issues. It is estimated, however, that asylum
should be able to protect their daughters from systems in the EU receive a few thousand
it; that ‘intact’ teenage girls and young women applications every year relating directly to
are too old to be at risk; that the increasingly FGM, pointing again to the fact that this is not
medicalised practice of FGM is a minor a negligible ground for asylum. In addition,
procedure with no ill effects2; or that women these asylum claims are particularly complex
should simply refuse to become ‘cutters’ and and involve a variety of risk profiles.
carry out this practice like their mothers.
“I fled my country because of the persecution I had
Many of these misconceptions stem from a been subjected to because of my activism against
lack of awareness of the gender dimension in excision3 and my political engagement to promote
general and its role in this harmful traditional the rights of women.” (Halimatou Barry4)
practice in particular, and from limited (or
lack of) knowledge of the practice, its regional In addition to the women and men
variations and its life-long consequences. activists persecuted for their opinions and
This often leads to incorrect assumptions commitment to end FGM in their countries
about the forms of persecution these women of origin and/or their perceived threat to
and girls may fear, the risks they may religious beliefs, European Member States
face if returned, the protection of which have also been receiving claims from:FMR 49 FGM and asylum in Europe 3
May 2015
■■women and (unaccompanied and separated) social norms of practising communities, the
girls who seek protection from being participation of the communities, and the
subjected to FGM whether they come empowerment of women and girls but also of
directly from FGM-practising countries or men, young and old, to urge their respective
have lived most of their lives in Europe and communities to abandon the practice.
may be at risk of being cut upon return
“It is horrible; it is painful, mentally, emotionally
and physically; and I wished it had not happened
■■women and girls who have already been
to me. Whatever happened to me can never
subjected to FGM and seek protection from
be turned back; it cannot disappear. The pain
re-excision, defibulation or reinfibulation5
will remain forever.” (Ifrah Ahmed7)
upon marriage (including child marriage6)
or at childbirth Fadela Novak-Irons novakfa@unhcr.org is Senior
Staff Development Officer (Protection) at the
■■parents who claim international protection UNHCR Global Learning Centre, Budapest.
to protect their daughters from FGM www.unhcr.org With thanks to Zoe Campiglia
and Jessica Davila, interns at the UNHCR Bureau
■■women who are under pressure from their for Europe, for their assistance in the compilation
family and community but refuse to become of the data for 2014. The views expressed in this
‘cutters’ in countries of origin article are not necessarily those of UNHCR.
1. See UNHCR (2014) Too Much Pain: Female Genital Mutilation
■■women who had been subjected to FGM, & Asylum in the European Union - A Statistical Update
www.refworld.org/pdfid/5316e6db4.pdf
have accessed reconstructive surgery (often See also www.unhcr.org/pages/5315def56.html
while in Europe) and who fear being cut 2. See Foldes article pp6-7.
again upon return 3. Excision: a form of FGM (in French, used to denote FGM in
general).
When members of communities flee, they bring 4. In UNHCR (2014) Too Much Pain – the Voices of Refugee Women
www.youtube.com/watch?v=pW3TFcLIXiw
with them their customs and traditions, which
5. Infibulation: surgical removal of the external female genitalia
may include harmful traditional practices and the suturing of the vulva. Defibulation: reconstructive surgery
such as FGM. Beyond the asylum system, we of the infibulated scar.
need to learn how to work with the FGM- 6. Child marriage is poorly understood in the asylum system,
practising communities in exile in Europe too often conflated with ‘arranged’ marriage (i.e. culturally
acceptable), rather than a way of subjugating girls to a submissive
to prevent the practice of FGM in Europe. gender role. In this sense, its purpose is closely allied to that of
Lessons can be learned from the progress FGM. The practices of FGM and child marriage are generally
achieved in countries of origin, in particular prevalent in the same countries.
how ending FGM has involved changing the 7. Anti-FGM activist, in UNHCR (2014) Too Much Pain – the Voices
of Refugee Women
FGM: challenges for asylum applicants and officials
Christine Flamand
Asylum authorities in the European Union need to establish better procedures to help address
the specific vulnerabilities and protection needs of women and girls who have undergone or
are at risk of female genital mutilation.
The asylum process examines whether a number of grounds on which female genital
an applicant has a well-founded fear of mutilation (FGM) can support a claim for
persecution based on one or more of the asylum. It is a form of gender-based violence
grounds in the 1951 Convention relating to and a child-specific form of persecution. It also
the Status of Refugees or faces an actual risk violates the principle of non-discrimination (as
of being subjected to serious harm. There are it only affects women and girls) and the rightFMR 49
4 FGM and asylum in Europe
May 2015
of the girlchild to be protected against practices process is new to most of them and highly
that are harmful for her health. FGM has complex. They also need to be informed about
short- and long-term health consequences and specific aspects related to FGM, in particular
is therefore considered as a continuous form its prohibition in the receiving country and
of persecution and also as a form of torture.1 the consequences of FGM on health. This can
help women understand that they have been
FGM constitutes a form of gender-related victims of violence that may give rise to a
persecution under the 1951 Refugee ground for asylum. It can also help prevent
Convention that can be related to the grounds FGM for other family members. Understanding
of political opinion, membership of a particular the asylum procedure will prepare them
social group or religious beliefs. FGM is for having to tell their story and to talk
mentioned as an example of persecution about the violence they have undergone.
based on membership of a particular social
group in the EU Qualification Directive,2 and Establishing the facts and assessing credibility
also constitutes ‘serious harm’ in the context The asylum authority will interview the
of the qualification for subsidiary protection asylum seeker to gather the relevant facts
under Article 15 of the EU Qualification related to their testimony and assess the
Directive.3 However, FGM survivors (or credibility of their claim but asylum seekers
persons at risk) experience various procedural often lack knowledge about the aim of
challenges in establishing the facts of the interview. FGM survivors may face
their account and securing protection.4 additional barriers to communication such
as discomfort in discussing the subject and
Reception and information disclosing traumatic experience, the desire
EU Member States are required to identify to hide shameful experiences and mistrust
vulnerable asylum seekers at an early stage in authority figures. Trauma and/or lack
but some vulnerabilities can be hard to of education can also hinder disclosure of
identify. FGM is usually a taboo subject information. Communicating with an applicant
which many survivors do not want to is done through the filter of language and
speak about; in addition, sometimes they culture, and often through interpreters whose
do not realise that it is a form of violence presence may further impede disclosure.
against women nor realise the impact of
FGM on their mental and physical health. Gathering evidence is not required if the
testimony is generally coherent and consistent.
It is standard practice in many EU member However, many asylum authorities require
states that asylum seekers undergo a medical material evidence and will cite a lack of
examination; this could be an opportunity cooperation if the asylum seeker is not able
to ask women coming from countries where to substantiate his or her testimony.
the practice is prevalent specific FGM-
related questions. However, this requires In general, victims of gender-related
reception centre professionals to be trained persecution face major difficulty in providing
on the issue and to be well informed about evidence of past persecution. A medical
asylum seekers’ country of origin and ethnic examination or a psychological report can
background.5 Some countries use special be useful to prove sexual violence or trauma
tools to detect indicators of vulnerability, but this evidence should not be a condition
such as the Protect Questionnaire which is of qualifying as a refugee. The burden of
currently used by some Member States such proof is lighter if the asylum seeker has been
as France, Bulgaria and the Netherlands.6 a victim of past persecution and if he or she
is considered as belonging to a vulnerable
It is essential to provide asylum seekers with group. However, for women and girls who are
information about the asylum process in a survivors or at risk of FGM, the principle of the
language that they can understand, as the benefit of the doubt should be applied liberally.FMR 49 FGM and asylum in Europe 5
May 2015
In assessing credibility, the decision maker to determine whether such an alternative is
must look into the individual and contextual both safe, relevant, accessible and reasonable.7
circumstances of the asylum seeker. An
Child-specific persecution and
asylum officer may conclude that a woman
family unity
claimant should be able to protect her child
As previously mentioned, FGM is a
from FGM in the event of return but this
child-specific form of persecution. If an
overlooks the fact that the girl belongs to
unaccompanied child applies for asylum
the community and that her mother is not
on this ground, the asylum authorities
necessarily in a position to protect her child
need to ensure that the procedure, the
from such harmful traditional practices.
interviewing techniques and the credibility
assessment are appropriate for a child.
Country of Origin Information
The individual situation of the asylum In some countries (such as France), when a
seeker needs to be assessed against objective family applies for international protection
information about the country of origin. due to fear of FGM being performed on a
The prevalence rate of FGM in the asylum child, protection is only granted to the girl. In
seeker’s home country is a very important these cases, asylum authorities consider that
indicator; Country of Origin Information the parents do not have legitimate reasons
(COI) also includes information on access for claiming asylum for themselves, because
to state protection for women who fear that their opposition to the practice will not lead
their daughter will be subjected to FGM. If to persecution or serious harm for them.
a law prohibits the practice of FGM in the However, family unity and the best interests
home country, the implementation of the of the child are fundamental principles in
law in practice needs to be assessed. Is it international and regional human rights
possible to file a complaint for a survivor and refugee law, and should be prioritised
of FGM? Will the police react diligently if a in asylum claims related to FGM where the
woman asks for protection for her daughter? overarching objective is to protect women
and girls from persecution or serious harm.
COI should be gathered from different
sources (both governmental and non- Christine Flamand christine.flamand@intact-
governmental), be child-specific and include association.org is Legal Advisor and Director of
a gender dimension; the European Asylum INTACT.8 www.intact-association.org
Support Office has committed to improving 1. Manfred Nowak (15 January 2008) Report of the Special Rapporteur
these aspects and is also developing a on torture and other cruel, inhuman or degrading treatment or
training module on gender and interviewing punishment www.refworld.org/pdfid/47c2c5452.pdf
techniques for vulnerable groups. 2. Consideration no. 30
http://tinyurl.com/EU-QualificationDirective
3. A complementary form of protection against torture and
However, if no corroboration of facts is inhuman and degrading treatment that is not linked to the five
found in COI, this cannot in itself challenge persecution grounds of the 1951 Refugee Convention.
the claimant’s overall credibility. This is 4. A 2012 report of a comparative analysis of gender-related
asylum claims in nine EU Member States includes a range of
particularly relevant regarding the issue of examples of good (and bad) practice. See
re-excision (re-cutting at a later date); as this http://tinyurl.com/EU-Gender-asylum-claims-2012
is an even more taboo subject than the initial 5. See, for example, the e-Learning course ‘United to END FGM/C’:
FGM, no corroboration of the practice is www.uefgm.org/
found in COI – but the absence of supporting 6. http://protect-able.eu/resources/
facts does not mean it is not a reality. 7. See UNHCR (May 2009) Guidance Note on Refugee Claims relating
to Female Genital Mutilation, section C.
www.refworld.org/docid/4a0c28492.html
Some asylum authorities consider whether 8. INTACT is a legal expertise centre in Belgium, working on the
applicants could relocate to another part of issues of FGM, forced marriage and honour-related crime.
their country, where the practice of FGM is
less widespread. In those cases, it is necessaryFMR 49
6 FGM and asylum in Europe
May 2015
The medicalisation of female genital mutilation
Pierre Foldes and Frédérique Martz
The ‘medicalisation’ of female genital mutilation should be denounced on two counts. Firstly,
it is usually anatomically more damaging and, secondly, it goes against the ethical basis of
the medical profession.
The ‘medicalisation’ of female genital so-called medicalised practices with cutting
mutilation/cutting (FGM/C) refers to the act carried out by traditional practitioners.1 The
being performed by doctors or other members immediate and inevitable conclusion is that
of the health profession. The phenomenon is in the vast majority of cases, medicalisation is
neither new nor unknown. The medical and clearly an aggravating factor in mutilation.
paramedical professions have traditionally
practised acts of mutilation in numerous Ritual cutting consists of cutting off a larger
countries in East Africa, primarily Egypt, or smaller portion of the clitoral glans by a
Sudan, Eritrea and Somalia. It is a more more or less clean cut that extends more or
recent, emerging phenomenon in West Africa less towards the apex of the clitoral shaft.
where an increasing number of members Traditional cutters are very well aware of
of the nursing profession, midwives and how far they can go, particularly in terms
matrones (traditional midwives) – and also of bleeding, and they understand that the
doctors or surgeons – in Côte d’Ivoire, death of young girls will neither serve their
Mali and the rest of the sub-region are reputation nor help with recruiting new
involved. Clinics that practise FGM/C have clients. As a result, the main nerve trunks
been identified in Kenya and Guinea. are – paradoxically – avoided and thereby
protected, as injuring them would also involve
Such acts of FGM/C are usually paid for, opening up blood vessels, resulting in an
sometimes at a high price, on the pretext uncontrollable haemorrhage. The same applies
of ‘better quality’ or for safety reasons. to the labia minora and vulvar tissue, which are
Even in Europe, a few practitioners have difficult to access on a terrified young girl.
offered ‘safe’ forms of FGM/C and even
‘minimal’ cutting to comply with tradition. However, the use of anaesthesia – whether
local, locoregional or general – makes it
This practice is of growing relevance in possible to cut, unhindered, a body that is
asylum procedures where medicalisation open and at rest. Worse, a doctor, surgeon
tends to be viewed by non-medical experts or health-care professional knows how to
(such as asylum officials) as a minor prevent haemorrhage and is therefore much
procedure and therefore not to be considered less constrained by the presence of major
as persecution (unlike ‘more severe’, blood vessels – and can cut much more
traditionally performed FGM/C). However, extensively, as we have observed. Moreover,
our experience over 25 years of treating and the fact of being a surgeon or gynaecologist
managing female genital mutilation and increases their ability to cut more, without
carrying out surgical repairs has given us risk, because of their greater knowledge
a detailed understanding of the reality and of this part of the body. Medicalised cases
impact of ‘medicalisation’, and we have no performed by specialists have often been
hesitation in denouncing these practices. the ones that were most difficult to repair.
Anatomically more damaging A breach of ethics
We have carried out reconstructive surgery Medicine must not be used for harmful
on women who have been subjected to FGM/C practices; furthermore, carrying out acts
and been able to compare the consequences of without a person’s consent or against theirFMR 49 FGM and asylum in Europe 7
May 2015
wishes is a crime. The medicalisation of or carer who carries out an act of mutilation
FGM/C is an absolute breach of ethics that commits a crime against the women who
affects and tarnishes the entire health-care trust them, against the spirit and ethics
community. Historically, any other attitude of medicine, and against society.
has led to appalling practice, such as the
Pierre Foldes pifoldes@gmail.com and
experiments conducted during the Holocaust
Frédérique Martz frederique.martz@gmail.com
or assistance in prolonging torture sessions.
work at the Institut en Santé Génésique, Saint-
The same applies to medical support for
Germain-en-Laye, France.
harmful practices such as FGM/C.
www.institutensantegenesique.org
For the last 25 years, medicine has helped 1. We have data from over 250 cases of medicalised FGM/C (some
carried out in France). In addition, interviews with traditional
us understand the reality of FGM/C and female cutters have enabled us to gain a clearer understanding
its consequences. This new understanding of their practices, while surgery on 4,500 cases (of all forms of
FGM/C) has allowed us to understand the physiopathology of
must serve the needs of women. A doctor mutilation.
The Istanbul Convention: new treaty, new tool
Elise Petitpas and Johanna Nelles
The new Istanbul Convention provides a powerful tool for more effectively guaranteeing
the protection of asylum seekers at risk of gender-based persecution and at risk of FGM
in particular.
The Council of Europe Convention on In Europe, when a child falls and breaks her
preventing and combating violence arm in the playground, everyone comes to help.
against women and domestic violence, also I want to see the same reaction when we speak
known as the Istanbul Convention, is the of a little girl at risk of FGM.” (FGM survivor
first European treaty specifically devoted Aissatou Diallo who fled Guinea to protect
to addressing violence against women, her two daughters from the practice and
including female genital mutilation. FGM is now an anti-FGM activist in Belgium)
is a threat to women and girls around the
globe, including in Europe – a fact that has International protection under
remained unacknowledged for too long. the Istanbul Convention
Building on existing international human
With its entry into force in 2014, the Istanbul rights law obligations, the Istanbul
Convention legally obliges States Parties to Convention clearly acknowledges that women
accelerate preventive measures to protect and girls who suffer from gender-based
and support FGM-affected women and violence can seek protection in another state
girls, or those at risk, and to ensure effective when their own fails to prevent persecution
and child-sensitive investigations and or to offer adequate protection and effective
prosecution. These obligations include remedies. The Istanbul Convention calls
improvements in the area of refugee for more gender sensitivity in refugee
determination procedures for asylum seekers. determination procedures and obliges States
Parties to take the necessary legislative
“What I remember from the interview is that and other measures to ensure that gender-
the person who received me did not seem to based violence against women is recognised
believe me. It is true that some people leave as a valid ground for claiming asylum.
their countries for economic reasons. But when
you tell someone “I do not want my girls to be The extent to which European states currently
cut”, I want that this person’s vision changes. recognise refugee status for women andFMR 49
8 FGM and asylum in Europe
May 2015
girls at risk of gender-based persecution FGM, particularly if it was performed at an
varies significantly. Possible reasons for such early age and if their reason for fleeing their
variations include the lack of explicit laws country of origin is unrelated to FGM. Women
and guidance nationally, and inadequate may come to health professionals with long-
provision of legal support and other services. term complications resulting from FGM
In addition, some states regard gender- but may not know that these complications
based violence as a ‘private’ matter; when are associated with it. There is also a need
occurring in the private sphere, gender- to address its psychological consequences
based violence may be more difficult to which may include fear of sexual
prove, creating credibility issues for asylum intercourse, post-traumatic stress disorder,
seekers with gender-related claims.1 anxiety, depression and memory loss.3
The Convention provides a set of obligations Develop gender-sensitive procedures
for States Parties to better guarantee the for asylum seekers (Article 60, paragraph
protection of asylum seekers at risk of gender- 3): According to the Istanbul Convention,
based persecution and at risk of FGM in States Parties will need to put in place
particular.2 States Parties are required to: a refugee determination process that is
respectful of cultural sensitivities, ensures
Ensure a gender-sensitive interpretation that women and girls do not face further
of each of the 1951 Refugee Convention stigmatisation upon arrival in destination
grounds (Article 60, paragraph 2): As is often countries, and guarantees a supportive
the case in gender-based persecution, there environment allowing women to disclose
is a trend to consider FGM as falling within relevant information. In particular, gender-
the grounds of membership of a particular sensitive procedures should include:
social group and to overlook other grounds.
Parents who oppose FGM for their daughters ■■ the provision of information on gender-
may come under the grounds of political specific aspects of the asylum procedure
opinion. Similarly, where it is considered a
religious practice, if a woman or a girl does not ■■
the opportunity to have a personal
behave in accordance with the interpretation interview separately from their husband/
of her religion, such as by refusing to partner and without the presence of family
undergo FGM or to have it performed on her members (especially children)
children, she may have a well-founded fear
of being persecuted for reasons of religion. the opportunity for women to mention
■■
independent needs for protection and
Develop gender-sensitive reception gender-specific grounds leading to a
conditions and support services for asylum separate application for international
seekers (Article 60, paragraph 3): The protection
identification of and response to the gender-
sensitive reception needs of women affected gender-sensitive and child-sensitive
■■
by FGM require measures to address legal interviews led by a trained interviewer,
and social barriers that may prevent women and assisted by a trained interpreter when
and girls from accessing vital health or other necessary
services. Restrictions on freedom of movement
in detention can hinder women from accessing ■■ the possibility for the applicant to express
specialist health-care or counselling services. a preference for the sex of their interviewer
Barriers may include language, a lack of and interpreter
competent or non-judgmental interpreters, and
different ways of understanding and viewing ■■ the development of gender guidelines on
health issues. Some women asylum seekers the adjudication of asylum claims, and
may not be aware that they have undergone training to ensure their implementation.FMR 49 FGM and asylum in Europe 9
May 2015
Respect the principle of non-refoulement Parties will support women like Aissatou
(Article 61): The Convention creates the in realising their dream of being part of
obligation to protect female victims of the last generation to have undergone the
violence, regardless of their residence status. practice of female genital mutilation.
In this respect, states should guarantee
that women in need of protection are not Elise Petitpas info@endfgm.eu was until recently
returned to any country where their life Network and Advocacy Manager with the End
would be at risk or where they may be FGM European Network.4 www.endfgm.eu
subjected to torture or inhumane or degrading Johanna Nelles johanna.nelles@coe.int is Head
treatment or punishment. Such obligation of the Violence Against Women Unit in the
should extend to abuses by individuals Directorate General of Democracy at the Council
who perpetrate FGM when the authorities of Europe. www.coe.int/conventionviolence
in the country concerned are complicit, fail
to exercise due diligence or are negligent The opinions expressed in this article are the
in preventing or redressing the abuse. responsibility of the authors and do not
necessarily reflect the official policy of the
Conclusion Council of Europe.
The Istanbul Convention gives hope for 1. Asylum Aid (UK) et al (2012) Gender related asylum claims in
real change in how women and girls are Europe: A comparative analysis of law, policies and practice focusing on
protected from gender-based violence. Official women in nine EU Member States, p41.
http://tinyurl.com/EU-Gender-asylum-claims-2012
monitoring and evaluation of these new
2. For detailed guidance on what the obligations of the Istanbul
obligations by governments ratifying the Convention in relation to FGM mean in practice, and how they
treaty will help shed more light on what is can be put into practice, see Council of Europe and Amnesty
International (2014) The Council of Europe Convention on preventing
being done to prevent and combat FGM, and and combating violence against women. A tool to end female genital
will thus be an important element in ensuring mutilation, Strasbourg. See box below re ‘Promising practice’.
that states live up to their responsibility http://tinyurl.com/CoE-AI-2014-Istanbul-Conv-tool
to guarantee the physical, psychological 3. Irish Family Planning Association (2011) Sexual health and asylum.
Handbook for people working with women seeking asylum in Ireland.
and sexual integrity of all women. http://tinyurl.com/IFPA-2011-Asylum-handbook
4. The End FGM European Network (END FGM) is a European
The Istanbul Convention provides States umbrella organisation set up by eleven national non-governmental
organisations to ensure sustainable, coordinated and
Parties with a unique opportunity to lift comprehensive action by European decision-makers to end FGM
the silence surrounding FGM in Europe. and other forms of violence against women and girls. Its vision is
It is hoped that under the watchful eyes of a world where women and girls are empowered and free from
all forms of gender-based violence, in particular female genital
of civil society and national parliaments mutilation, where their voices are heard, and where they can enjoy
(both of which are allowed to contribute to their rights and make informed choices about their lives. The
the monitoring of the Convention), States principles of respect and promotion of human rights and gender
equality are at the core of this work.
Promising practice
The Netherlands: In 2011, the Dutch government support in 15 languages, around the clock, 365 days
developed an official document – Statement a year. www.hilfetelefon.de/en/about-us.html
opposing female circumcision – to help parents
withstand pressure when visiting their families in United Kingdom: In 2008, London’s Metropolitan
their country of origin. This document outlines the Police issued standard operating procedures on
health consequences of FGM and explains relevant FGM which provide police with an overview of FGM
Dutch legislation. Parents are given a copy by and describe the procedures to be adopted when
children’s health-care centres and school doctors. a girl is at risk of FGM or a girl or an adult woman
www.pharos.nl/documents/doc/pp5056-verklaring- has already been subjected to the practice. The
uk-2011_definitief.pdf objective is to ensure that those at risk are protected
and supported, and to achieve best evidence for
Germany: In 2013, the German government set prosecution and protection orders.
up a national, free telephone helpline 08000 116 www.londonscb.gov.uk/fgm/
016 offering victims of all forms of violence against
women – including FGM – advice on demand; For more examples, see http://tinyurl.com/CoE-AI-
around 60 trained counsellors provide confidential 2014-Istanbul-Conv-toolFMR 49
10 FGM and asylum in Europe
May 2015
Changing attitudes in Finland towards FGM
Saido Mohamed and Solomie Teshome
Former refugee women are now working as professional educators among immigrant and
refugee communities in Finland to tackle ignorance of the impact and extent of female genital
mutilation/cutting.
The objective of the Finnish League for gave me new tools to approach the issue and
Human Rights’ Whole Woman Project1 is that I began volunteering in my own community,
no girl living in Finland be cut in Finland or spreading information about FGM/C.
taken abroad to be cut. Talking about female
genital mutilation/cutting (FGM/C) from In the early 2000s, talking about FGM/C
the perspective of human rights, equality was still very difficult in the Finnish Somali
and health, we concentrate on changing community but there has been a tremendous
attitudes in the affected communities change in attitudes since then. Today men and
and on educating immigrants as well as women are willing to discuss FGM/C openly
professionals and students in areas such as and most of them are strongly against it. They
health care, child welfare and daycare. do not want their daughters to go through the
practice, and young men are willing to marry
Nowadays FGM/C is globally recognised as uncut women. A male participant in one of
a practice that violates human rights and, our seminars said that FGM/C violates not
like other forms of violence, is an attack on only women’s rights but men’s rights as well.
the dignity, equality and integrity of girls
and women. In addition to violating many Those girls and women who have themselves
international human rights conventions, undergone FGM/C find themselves in a
the practice has been criminalised in many completely new situation when they move to
countries. We achieved one of our earlier Finland or elsewhere in Europe, where it is not
objectives in 2012 when Finland published practised. What had been culturally normal
a National Action Plan on the Prevention in their country of origin suddenly becomes
of Circumcision of Women and Girls 2012- abnormal; encounters with professionals
2016; we were involved in preparing the such as Finnish health-care workers may
contents of the Action Plan and today we not only cause stress and fear but also
monitor its implementation and lobby the humiliation. Many cut women try to avoid
authorities to meet their responsibilities. gynaecological examinations. One woman
who had experienced the most severe form
Two of our advisors were themselves of FGM/C2 told the following story when
refugees – from Somalia and Ethiopia – asked about gynaecological examinations:
and are now professional educators.
”It was the worst experience I’ve ever had. The
Saido doctor asked, horrified, what the hell has happened
My name is Saido Mohamed. I came to to you? That was my first and last visit to a
Finland as an asylum seeker from Somalia gynaecologist!”
in 1992. In 2001 while working as a nurse,
I attended a training-of-trainers course for Solomie
immigrant women and men organised by the My name is Solomie Teshome. I came to
Whole Woman project. The topic of training Finland as a refugee in 1995. Unaware of the
was FGM/C – more precisely, its consequences prevalence of FGM/C in my own country,
for health and its relation to women’s rights Ethiopia, I was shocked and saddened when
and human rights. Despite the fact that I was I saw a documentary about it on Finnish TV.
not unaware of the phenomenon, the course I had known about its existence but I hadn’tFMR 49 FGM and asylum in Europe 11
May 2015
known how many girls and women were wife and daughters were still in Ethiopia.
dying because of it. During my next visit When he learned that the procedure was
home, I decided to investigate and discovered still routinely practised in urban settings in
not only that it had always been considered as Ethiopia, he talked to his wife who told him
a normal practice and was part of Ethiopian that her mother was planning to perform
culture but also that the phenomenon was FGM/C on their youngest daughter. The
closer than I had realised – my neighbours, man shared his new-found knowledge of
relatives and friends were also victims of it. FGM/C with his wife, who then convinced
The truth changed my life and since then her mother to give up the idea of cutting the
I have been working against FGM/C. girl. Nowadays the whole family lives in
Finland and the daughter has not been cut.
Since working at the Whole Woman
project I have come to realise that: Conclusion
As professionals with long experience in
■■ people who have suffered the procedure or working against FGM/C and as women with
have themselves performed the procedure first-hand experience in forced migration,
are victims of a harmful tradition and their we strongly believe that systematic training
awareness of the topic may be minimal on the disadvantages of FGM/C as well as on
related rights should be offered to all refugees
■■ FGM/C is a traumatic personal experience waiting to be relocated. Some people who have
which needs handling with utmost care and come to Finland as refugees told us that they
confidentiality deliberately had their daughters cut in the
refugee camps because they were aware that
■■ establishing personal trust with individuals the practice would not be accepted in their
and groups is the first step to getting rid of new home country. This can and should be
the practice prevented. Furthermore, training should also
take place in the receiving country, soon after
■■ each case needs to be approached arriving, in the newcomers’ own languages.
individually, bearing in mind, for
example, people’s cultural and educational In both situations, there should be discussion
backgrounds groups for refugees, and programmes to
change attitudes at the grassroots, as well
■■ the role of ‘key persons’ is essential – as one-to-one counselling. By receiving
individuals who participate in our information and having the opportunity
groups and then commit to talking about to reflect on their experiences in a peer
the negative impacts of FGM/C in their group, people become empowered, even
communities and family networks. in difficult circumstances. And when
empowered, they will continue to make
In groups one can see and measure changes a change in their own communities.
in attitudes towards FGM/C. After a series
of individual discussions to build trust, we Saido Mohamed and Solomie Teshome are
organise separate groups for women and men. Advisers with the Finnish League for Human
Then when we feel that the participants are Rights.
ready, we bring women and men of the same saido.mohamed@ihmisoikeusliitto.fi
origin together; we also organise groups with solomie.teshome@ihmisoikeusliitto.fi
people from different ethnic, cultural and www.ihmisoikeusliitto.fi/english
religious backgrounds. Our aim is to change 1. The Whole Woman project was chosen as an example of good
attitudes through discussion, step by step. participatory practice by UNHCR. See UNHCR (2014) Speaking for
Ourselves. Hearing Refugee Voices - a Journey towards Empowerment
www.refworld.org/docid/537afd9e4.html
Through one of our ‘key persons’, I met a
2. Type III, also known as infibulation or pharaonic FGM/C.
recently arrived Ethiopian refugee whosePhoto by Lorenzo Colantoni, property of End FGM European Network
Refugee Studies Centre
University of Oxford
fmr@qeh.ox.ac.uk • www.fmreview.orgYou can also read
