CEDAW/C/55/D/33/2011
been passed prohibiting it, is incorrect, given that no such law was in force in
November 2009 when the decision was taken by the Refugee Appeals Board. On the
contrary, the author provided proof to the Board that a bill was being discussed but
had not yet been passed by Parliament.
2.6 On 9 November 2009, the Refugee Appeals Board found that the author was
unlikely to be in genuine danger of female genital mutilation if she were returned to
Uganda. The Board underlined that the author had applied for asylum only in
connection with her arrest for illegal residency and therefore did not meet the
requirements for a residence permit under section 7 of the Aliens Act and should
immediately leave Denmark. If she did not leave voluntarily, she could be forcefully
returned to Uganda under section 32a of the Act.
2.7 According to the decision of the Refugee Appeals Board, the author has four
half-siblings in Kampala on her mother’s side who live with their fathers. The
author did not know whether they had been circumcised. The author’s children lived
with her aunt in the village of Natete and she was in contact with them by telephone.
She wished to be reunited with her children in Uganda when she no longer feared
female genital mutilation. Her daughter was not circumcised. Having been asked
whether she was not afraid that her daughter would be circumcised, since her
daughter’s father belonged to the Mogishu clan, the author explained that she was
worried but there was nothing that she could do about it. The author also stated that
she had had no contact with her mother, either before or after her departure from
Uganda, because her mother lacked a telephone. The author did not know anyone
who was circumcised but claimed that women did not share that private matter with
others. The author knew of no tradition of circumcision in her father’s clan, 2 had not
seen her father since she was 9 years of age and had not been threatened either by
him or by his family but feared what would happen if he found her. She argued that
the police in Uganda could not protect her, as they “only help[ed] those who pa[id]
bribes”. Her father could still circumcise her even if she bribed the police and he
would go unpunished if he chose to do so.
2.8 On 14 May 2010, the Committee, acting through its Working Group on
Communications under the Optional Protocol to the Convention, requested the
author’s counsel in writing to, among other things, provide it with:
(a) Clarifications on the author’s ethnicity/clan/tribe in Uganda, since it was
being referred to differently in the communication as Mogadishu, Mogishu and
Moghiso;
(b) Independent evidence supporting the author’s claims that women
belonging to the ethnic group/clan/tribe in question continued to be subjected to
circumcision in Uganda. He was requested further to substantiate the risk of the
author being subjected to circumcision if returned to Uganda in the light of the entry
into force of the Prohibition of Female Genital Mutilation Act in Uganda on 9 April
2010.
2.9 Given that the Committee received no reply to its request for information of
14 May 2010, the Working Group decided, on 18 February 2011, to send the
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4/19
During the hearing of her case by the Refugee Appeals Board, the author explained, however,
that her father was from Mogishu clan, which had a tradition of circumcising women.
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