CAT/C/59/D/644/2014
their residence there owing to the human rights situation in Nigeria and, in particular, the
violence caused by Boko Haram. The complainant further claims that returning to Italy is
not an option for her (see paras. 5.2-5.3 above) and that as the State party has not requested
Italy to accept her transfer and that of her daughters, it is unknown whether Italy will allow
her and her daughters to stay in Italy.
8.6
The Committee also takes note of the State party’s arguments that its authorities,
including the Migration Court and the Migration Appeals Court, have thoroughly examined
the complainant’s allegations when considering her asylum requests, finding that her
accounts were not plausible since she has failed to provide any evidence in support of her
allegations. Moreover, she has been able to protect her daughters from female genital
mutilation so far and has not had any personal incident in her country of origin. Nor has she
reported the alleged threats of female genital mutilation to the Nigerian police or requested
its protection. Likewise, the State party also maintains that it does not underestimate the
concerns regarding the general human rights situation in Nigeria. However, this situation
does not in itself establish that the complainant and her daughters would be personally at
risk if expelled to their home country. The Committee also takes note of the State party’s
argument that the complainant and two of her daughters hold valid residence permits in
Italy; that they can move to that country; and that they will not be at risk of female genital
mutilation in Italy and will be able to request protection to the Italian authorities, in case of
need.
8.7
The Committee recalls that female genital mutilation causes permanent physical
harm and severe psychological pain to the victims, which may last for the rest of their lives,
and considers that the practice of subjecting a woman to female genital mutilation is
contrary to the obligations enshrined in the Convention. 11
8.8
In the present case, the Committee observes that it is not disputed that the
complainant belongs to the Esan ethnic group; that she lived in Edo State, in southern
Nigeria, for more than two decades; that her ex-husband is from Uromi; that despite
legislation punishing female genital mutilation, it is practised across Nigeria by various
ethnic groups; and that approximately 30 per cent of women have been subjected to female
genital mutilation. The complainant submits that the State party’s authorities have failed to
take duly into account the risk she and her daughters would face if removed to Nigeria,
since the authorities in their country of origin will not be able to provide them with
protection. Her claims mainly rely on the fact that there is no information concerning
persons who have been prosecuted in Edo State for female genital mutilation practice.
However, according to reports cited by the parties as well as information in the public
domain,12 in Nigeria most victims are subjected to female genital mutilation before their
first birthday, female genital mutilation practice varies significantly among ethnic groups,
and it remains most prevalent in southern regions among the Yoruba and Igbo ethnic
groups. Against this background, the Committee observes that the complainant has not
shown that female genital mutilation is practised by members of her ex-husband’s or her
own ethnic groups so as to put her minor daughters at real and personal risk of a violation
of article 1 of the Convention. Moreover, although she lived for more than two decades in
Nigeria, she has not adduced any allegations of being personally subjected to or at risk of
female genital mutilation in her country of origin.
11
12
See complaint No. 613/2014, F.B. v. Netherlands, decision adopted on 20 November 2015, para. 8.7.
See United Nations Children’s Fund (UNICEF), Female Genital Mutilation/Cutting: a Statistical
Overview and Exploration of the Dynamics of Change (New York, 2013, pp. 27, 28, 34 and 50);
United States Department of State, Country Reports on Human Rights Practices for 2014: Nigeria,
available from https://www.state.gov/j/drl/rls/hrrpt/2014humanrightsreport/#wrapper; United
Kingdom Home Office, Operational Guidance Note: Nigeria, December 2013; and United Kingdom
Home Office, Operational Guidance Note: Nigeria, January 2013.
9