Advance unedited version CAT/C/56/D/61312014
group; that FGM is widespread in Ouinea, in particular among tbis ethnic group; that she
was forced to undergo FOM in Ouinea when she was 13 years oId; and that in 2013 she had
a genital reconstructive surgery whilè living in the State party. She also argues that due to
this genital reconstructive surgery she can be perceived as a wo man who had never
undergone FOM now; and that the pressure to undergo FOM is' not limited to direct
relatives but.is a commonfeature of Ouinean patriarchal society.
8:6
The Committee also takes flote of the State party's arguments that its authorities
have' thoroughly examined the complainant's allegations when examining her three asylum
requests, finding that her accounts were not credible; that the fact she was a victim of FOM
and that she underwent a genital reconstructive surgery are not sufficient to conc1ude that
she is at risk ofbeing subjected to this practice again; that there is no evidence that she may
be subjected fo examination upon return to Ouinea that would reveal the reconstructive
surgery; that its Ministry of Foreign Affairs country report indicatesthat FOM is mainly
practiced to gids before they turn 14 years old; and that only 1.2% of women above 19
years oid are subjected to FOM.
8.7
The Committee oDserves that although FOM is forbidden by law in Ouinea, it is still
widespread in the country, with a prevalence of approximately 95% in gids and women and
91 % of members of the Peul .ethnic group. The State party maintains that only 1.2% of
FOM are carried out on women over the age of nineteen. This figure, however, could be
explained by the fact that the vast majority ofFOMs happen when the victims are under the
age of fourteen and not yet married. It does not reduce the risk faced by unmarried women
over'19 perceived not to have been subjected to it during their childhood or adolescence. ln
this connection, theCommittee notes that FOM 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 subjectinga woman to FOM is contrarytothe obligations enshrined in
the Convention.
8.8 In the present case, the Committee recognizes the efforts made bythe State party's
authorities to verify the complainant' s accounts by carrying out an investigation in Ouinea
within the first asylum proceedings. Although' thecomplainant has failed to provide
elements that refute this investigation' s olitcome, as reflected in the person specific report
of 12 March 2004 (see para. 4.3 above), that conc1uded that the information provided by
her about her and her family' scircumstànces in Ouinea was incorrect, the Committee '
considers thaf such inconsistenées are not of a nature as to undermine the reality of the
prevalence of female genital mutilation and the fact that, due to the ineffectiveness of the
relevant laws, inc1uding the impunity of thé' perpetrators, victims of FMO in Ouinea do not
have access to an effective remedy and to appropriate protection by the authorities. 10 In the
complainant's case,' she has already beensubjected to it on one occasion, with severe
consequences to her physical and psychological integrity. She undertook a reconstructive
plastic surgery since she did not like her body and was unable to establish arelationship
with a man (see para. 2.4). Against the backgro~nd óf the situation faced by girls and
women in Ouinea, as reflected in reports provided by the parties, the Committee is of the
view that in assessing the risk that the complainant would face ifreturned to her 'country of
origin, the State party has failéd to take into due consideration the complainant's allegations
regarding the events she experienced in Ouinea, her condition as single wo man within the
Ouinea society, the specific capacity of the authorities in Ouinea to provideher with
.protection so as to guarantee her physical and mental integrity, and the severe anxiety that
her return to Ouinea may cause her within this context. Accordingly, the Committee finds
10
See Committee's Concluding Observations on Guinea, CAT/C/GIN/CO/l (20 June 2014), para. 17.
See,also CEDAW's Concluding Observations on Guinea, CEDAW/C/GIN/C0I7-8 (14 November
2014), para. 28 and 30.
11
Bron: www.ohchr.org - Stichting Migratierecht Nederland - www.migratieweb.nl