Advance unedited versidn CAT/C/56/D/613/2014
. authorities. According to various public sources FGM is widespread in Guinea, affecting
96.9% of all gids and women in Guinea, despitethe fact that the pràctice is prohibited by
law. 5 It· occurs across all religious and ethnic grOlips and geographical areas. The
percentage of women who have been cut is highest among the Peul, the ethnic group to
which the complainant belongs. At the same time, the Guinean authorities are working to
eradicate this practice through information and prevention campaigns in cooperation with
international organizations, such UNICEF and WHO. Some of the campaigns have led to
positive -albeit modest'" developments. The State party points out that the incidence of
FGM is falling in urban are as and - although to alesser extent - in rural areas. According
to the population survey of 2012, genital mutilation had been carried out on 14% of girls
aged 0--4 at the time, 51 % of girls aged 5--9 and 80% of girls aged 10--14 (75% in urban
areas and 82% in rural areas). There were differences between the Kissi (64%) and Peul
(91 %) ethnic groups, between uneducated (81 %) and educated (74%) women and between
poor (92%) and rich (68%) women; It is highly unlikely that the oldest gids in thel0--14
age group who have not been cut will ever be subjected to genital mutilation; There is no
age limit, but figures show that only 2.4% of women are subjected to genital mutilation
while aged 15 or older. Among the 15 to 19 year olds surveyed, 1.2% were subjected to
genital mutilation while in this age category.
.
4.11 '. Furthermore, according to public sources gids who are 14 -years old or older can
avoid FGM, especially those who live in cities, where there is less social control than in the
villages. Today, more and more parents, especially those who live in cities and those who
. are well educated, do not want their daughters to be cut and so they protect them until they
are grown. Once grown, the young woman can decide for hers elf whether she wishes . to
undergo genital cutting. According to the sources consulted for the country report issued on
20 June 2014, the situation for girls and women in Guinea who have not been cut and wish
to avoid genital mutilation has improved somewhat since the country report of March 2013.
Many girls who wish to avoid the social pressure of village life move in with relatives in
the city. A Gid who goes to the city but has no family there is directed to the chef de
quartier. He fmds her a community in the city and they take her in (even if only
temporarily) and help her to fi~d ajob.
4.12 As to the .complainant's case, the State party points out that the authörities
conducted an investigation in her country of origin to confmn her statement.s, thereby
alleviating the burden of proof placed upon her to establish the veracity of her accounts. In
thisconnection, she was interviewed several times during her asylum application
procedures and questioned on the facts and circumstances of her departure from Guinea.
She was also given the opportunity to submit corrections and additions to the reports of
these interviews, and to respond to the notifications of intenf to deny her asylum
applications. The asylum procedures thus offered her sufficient opportunities to
satisfactorily establish the veracity of her accounts. Those accounts were carefully assessed
by the IND and reviewed by. an independent court as well as by the Administrative
Jurisdiction Division. Although die human rights situation in Guinea gives cause for
concern, in view of information from various public sources,6 the State party maintains that
5
6
The State party refers to the CommitteeConc1uding observations on the state report of Guinea on
implementation of the Convention against Torturè, 20 lune 2014, para. 17; US Department of State,
Country Report onHuman Rights Practices for 2013 - Guinea, 27 February 2014; and its Minister of
Foreign Mfairs' Country Report, 20 June2014.
Country reportofthe Minister of Foreign Affairs of20 June 2014.
(http://www.rijksoverheid.nl/docuinenten-- en--publicaties/ambtsberichten/2014/06/23/guinee--2014-06--20.html), US Department of State: Country Report on Human Rights Practices for 2013 Guinea, 27 February 2014.
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Bron: www.ohchr.org - Stichting Migratierecht Nederland - www.migratieweb.nl