Advance unedited version CRC/C/77/D/3/2016
11.5 The Committee takes note of the author’s allegations that she would be unable to
protect her daughter against female genital mutilation in a country where 98% of women
have been subjected to this practice and where she would be afforded no protection by
national/local authorities. Although prohibited by law throughout Somalia, the practice of
female genital mutilation is still prevalent as the legislation is not enforced. Also, the author
herself was subjected to female genital mutilation at age 6, suffered oppression as a result of
her secret marriage and was unable to seek protection from national authorities in a maledominated society. The State party notes that, according to several reports, a mother can
protect her daughter against female genital mutilation in the Puntland State of Somalia if she
resists family or community pressure. It further notes that the author has failed to explain the
specific risk that her daughter would run; that the author, by leaving Somalia and travelling
to Europe, has shown to be an independent woman with considerable personal strength who
must be assumed to be able to resist any social pressure and protect her daughter from female
genital mutilation; and that the author’s general credibility was undermined by the fact that
she was not deemed credible regarding her own grounds for asylum. Finally, the State party
notes that incidents of female genital mutilation have declined in the Somaliland and
Puntland,18 and that 75% of girls aged between 10 and 14 have not been subjected to this
practice according to 2013 data.19
11.6 The Committee notes that, although the prevalence of female genital mutilation
appears to have declined in the Puntland State of Somalia according to reports submitted by
the parties,20 as a result inter alia of the 2014 law banning female genital mutilation in the
region, the 2013 fatwa against all forms of female genital mutilation, and 2014 Policy against
female genital mutilation,21 its practice is still deeply engrained in its society.
11.7 The Committee also notes that, in its decision dated 2 February 2017, the RAB
examined the author’s allegations concerning her own grounds for asylum and found them
non-credible. In that same decision, the RAB dedicated one paragraph to addressing the
author’s allegations regarding the alleged risk that her daughter would be subjected to female
genital mutilation if returned to the Puntland State of Somalia and dismissed those allegations
stating that the Board “attache[d] decisive importance to the background information
available, including in particular the information that, in Puntland, Somalia, it is possible for
mothers to prevent their daughters from being subjected to female genital mutilation against
the will of the mothers.” The background information relied upon was the DIS Report on
female genital mutilation in Central and Southern Somalia (2015), and not the Puntland
region. The RAB also ordered the author and her daughter’s return to Somalia, and it was
only in its later decision of 14 March 2017 that the RAB corrected that they should be
returned to the Puntland region, without any further reasoning.
11.8 The Committee recalls that the best interests of the child should be a primary
consideration in decisions concerning the return of a child, and that such decisions should
ensure–within a procedure with proper safeguards- that the child, upon return, will be safe
and provided with proper care and enjoyment of rights.22 In the present case, the Committee
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Swedish Migration Agency report (June 2012).
UK Country Information Guidance – Somalia: women fearing gender-based harm/violence (February
2015).
In particular, the Report of fact-finding mission to Nairobi, Kenya and Mogadishu, Hargeisa and
Boosaaso in Somalia in June 2012, published by the Swedish Migration Agency, and the UK Country
Information Guidance – Somalia: women fearing gender-based harm/violence (February 2015), both
of which situate the general prevalence rate of female genital mutilation in Puntland at around 70%.
Female genital mutilation/cutting policy of the Ministry of Women Development & Family affairs,
November 2014 (supported by UNICEF Somalia).
Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child
on the general principles regarding the human rights of children in the context of international
migration, paras. 29 and 33.
11
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