May 2015

Forced Migration Review mini-feature FGM and asylum in Europe The five articles in this FMR mini-feature address some of the issues relating to the practice of FGM in respect of asylum. The focus is on asylum in Europe in particular, and this mini-feature has been produced in collaboration with UNHCR’s Bureau for Europe who are also generously funding the printing costs. The mini-feature is online at www.fmreview.org/climatechange-disasters/FGM.pdf. Please feel free to circulate it, print it out, link to it, etc. To access it in French, Spanish and Arabic, or to access the individual articles in HTML, PDF and (for English) audio format, visit www.fmreview.org/climatechange-disasters. To request print copies, email [email protected].

Female genital mutilation: a case Female Genital Mutilation (FGM) comprises all procedures for asylum in Europe involving partial or total removal of the external female Fadela Novak-Irons (UNHCR) genitalia, or other injury to the female genital organs, carried out for traditional, cultural or religious reasons. In other words, FGM: challenges for asylum the procedure is for non-medical reasons. applicants and officials All forms of FGM are considered harmful, although the Christine Flamand (INTACT) consequences tend to be more severe the more extensive the procedure. Other factors, such as age and social situation, may The medicalisation of female genital also have an impact on the gravity of the consequences. FGM is mutilation mostly carried out on girls under the age of 15 years, although Pierre Foldes and Frédérique Martz it is occasionally also performed on adult and married women. The procedure is often performed with rudimentary tools and (Institut en Santé Génésique) without anaesthesia while the girl or woman is held down. Almost all those who are subjected to FGM experience extreme The Convention: new treaty, pain and bleeding. Other health complications include shock, new tool psychological trauma, infections, urine retention, damage to Elise Petitpas (End FGM European Network) the urethra and anus, and even death. The ‘medicalisation’ of and Johanna Nelles () FGM, whereby the procedure is performed by trained health professionals rather than traditional practitioners, does not Changing attitudes in necessarily make it less severe. towards FGM Taken from UNHCR (May 2009) Guidance Note on Saido Mohamed and Solomie Teshome Claims relating to Female Genital Mutilation (Finnish League for ) www.refworld.org/docid/4a0c28492.html

FGM terminology Initially the procedure was generally referred to as the negative connotations of ‘mutilation’ for survivors ‘female circumcision’ but the expression ‘female and partly because there is some evidence that the use genital mutilation’ (FGM) gained support from the late of the term ‘mutilation’ may alienate communities that 1970s in order to establish a clear distinction from practise FGM and thereby perhaps hinder the process male circumcision and to emphasise the gravity and of social change. harm of the procedure. Abstracted from World Health Organization (2008) From the late 1990s, the terms ‘female genital cutting’ Eliminating Female genital mutilation: An interagency (FGC) and ‘female genital mutilation/cutting’ (FGM/C) statement, p22. www.who.int/reproductivehealth/ have also been used, partly due to dissatisfaction with publications/fgm/9789241596442/en/ 2 FGM and asylum in Europe FMR 49 May 2015 Female genital mutilation: a case for asylum in Europe Fadela Novak-Irons

With some 71% of female EU asylum applicants from FGM-practising countries estimated to be survivors of this harmful traditional practice, it is time to accept that this subject demands greater scrutiny and a more dedicated response.

UNHCR has estimated that 18,500 of the they could avail themselves, the specific 25,855 women and girls from FGM-practising interventions they may need during the countries seeking asylum in the EU in the asylum procedure (and later when/if settling first three quarters of 2014 may have been in Europe), and the prevention of the practice survivors of female genital mutilation (FGM), by the communities in exile in Europe. translating into an estimated 71% prevalence rate of FGM in EU asylum systems. The main Complex asylum claims countries of origin for these women and girls For the first three quarters of 2014, the include Eritrea, Nigeria, Somalia, Guinea and main countries of asylum for women and Ethiopia, most of which have persistently girls from FGM-practising countries were high prevalence rates for FGM.1 These , , , , UK, numbers debunk the still all too common the , , , view that the practice is so insignificant in and – a new entrant into the list – . the asylum system as not to merit dedicated attention and specific responses. The fact that only a handful of states collect data on the grounds on which applications There are a number of misconceptions are made and decided limits our ability relating to FGM that may create obstacles to to better understand the extent of this meeting the specific protection needs and phenomenon. Gathering better statistical vulnerabilities of these women and girls. Many data on FGM in European asylum systems workers in the European asylum systems are should be a priority; data should include not familiar with the practice and it is not the number of FGM survivors assisted in uncommon to hear or read opinions that FGM European asylum centres as well as the is not a problem for these women because it number of asylum claims involving FGM is part of their culture; that educated parents issues. It is estimated, however, that asylum should be able to protect their daughters from systems in the EU receive a few thousand it; that ‘intact’ teenage girls and young women applications every year relating directly to are too old to be at risk; that the increasingly FGM, pointing again to the fact that this is not medicalised practice of FGM is a minor a negligible ground for asylum. In addition, procedure with no ill effects2; or that women these asylum claims are particularly complex should simply refuse to become ‘cutters’ and and involve a variety of risk profiles. carry out this practice like their mothers. “I fled my country because of the persecution I had Many of these misconceptions stem from a been subjected to because of my activism against lack of awareness of the dimension in excision3 and my political engagement to promote general and its role in this harmful traditional the rights of women.” (Halimatou Barry4) practice in particular, and from limited (or lack of) knowledge of the practice, its regional In addition to the women and men variations and its life-long consequences. activists persecuted for their opinions and This often leads to incorrect assumptions commitment to end FGM in their countries about the forms of persecution these women of origin and/or their perceived threat to and girls may fear, the risks they may religious beliefs, European Member States face if returned, the protection of which have also been receiving claims from: FGM and asylum in Europe 3 FMR 49 May 2015

■■women and (unaccompanied and separated) social norms of practising communities, the girls who seek protection from being participation of the communities, and the subjected to FGM whether they come empowerment of women and girls but also of directly from FGM-practising countries or men, young and old, to urge their respective have lived most of their lives in Europe and communities to abandon the practice. may be at risk of being cut upon return “It is horrible; it is painful, mentally, emotionally and physically; and I wished it had not happened ■■women and girls who have already been to me. Whatever happened to me can never subjected to FGM and seek protection from be turned back; it cannot disappear. The pain re-excision, defibulation or reinfibulation5 will remain forever.” (Ifrah Ahmed7) upon marriage (including child marriage6) or at childbirth Fadela Novak-Irons [email protected] is Senior Staff Development Officer (Protection) at the ■■parents who claim international protection UNHCR Global Learning Centre, Budapest. to protect their daughters from FGM www.unhcr.org With thanks to Zoe Campiglia and Jessica Davila, interns at the UNHCR Bureau ■■women who are under pressure from their for Europe, for their assistance in the compilation and community but refuse to become of the data for 2014. The views expressed in this ‘cutters’ in countries of origin article are not necessarily those of UNHCR. 1. See UNHCR (2014) Too Much Pain: Female Genital Mutilation ■■women who had been subjected to FGM, & Asylum in the - A Statistical Update www.refworld.org/pdfid/5316e6db4.pdf have accessed reconstructive surgery (often See also www.unhcr.org/pages/5315def56.html while in Europe) and who fear being cut 2. See Foldes article pp6-7. again upon return 3. Excision: a form of FGM (in French, used to denote FGM in general). When members of communities flee, they bring 4. In UNHCR (2014) Too Much Pain – the Voices of Refugee Women with them their customs and traditions, which www.youtube.com/watch?v=pW3TFcLIXiw may include harmful traditional practices 5. : surgical removal of the external female genitalia and the suturing of the vulva. Defibulation: reconstructive surgery such as FGM. Beyond the asylum system, we of the infibulated scar. need to learn how to work with the FGM- 6. is poorly understood in the asylum system, practising communities in exile in Europe too often conflated with ‘arranged’ marriage (i.e. culturally acceptable), rather than a way of subjugating girls to a submissive to prevent the practice of FGM in Europe. . In this sense, its purpose is closely allied to that of Lessons can be learned from the progress FGM. The practices of FGM and child marriage are generally achieved in countries of origin, in particular prevalent in the same countries. how ending FGM has involved changing the 7. Anti-FGM activist, in UNHCR (2014) Too Much Pain – the Voices of Refugee Women

FGM: challenges for asylum applicants and officials Christine Flamand

Asylum authorities in the European Union need to establish better procedures to help address the specific vulnerabilities and protection needs of women and girls who have undergone or are at risk of female genital mutilation.

The asylum process examines whether a number of grounds on which female genital an applicant has a well-founded fear of mutilation (FGM) can support a claim for persecution based on one or more of the asylum. It is a form of gender-based violence grounds in the 1951 Convention relating to and a child-specific form of persecution. It also the Status of or faces an actual risk violates the principle of non-discrimination (as of being subjected to serious harm. There are it only affects women and girls) and the right 4 FGM and asylum in Europe FMR 49 May 2015

of the girlchild to be protected against practices process is new to most of them and highly that are harmful for her health. FGM has complex. They also need to be informed about short- and long-term health consequences and specific aspects related to FGM, in particular is therefore considered as a continuous form its prohibition in the receiving country and of persecution and also as a form of torture.1 the consequences of FGM on health. This can help women understand that they have been FGM constitutes a form of gender-related victims of violence that may give rise to a persecution under the 1951 Refugee ground for asylum. It can also help prevent Convention that can be related to the grounds FGM for other family members. Understanding of political opinion, membership of a particular the asylum procedure will prepare them social group or religious beliefs. FGM is for having to tell their story and to talk mentioned as an example of persecution about the violence they have undergone. based on membership of a particular social group in the EU Qualification Directive,2 and Establishing the facts and assessing credibility also constitutes ‘serious harm’ in the context The asylum authority will interview the of the qualification for subsidiary protection asylum seeker to gather the relevant facts under Article 15 of the EU Qualification related to their testimony and assess the Directive.3 However, FGM survivors (or credibility of their claim but asylum seekers persons at risk) experience various procedural often lack knowledge about the aim of challenges in establishing the facts of the interview. FGM survivors may face their account and securing protection.4 additional barriers to communication such as discomfort in discussing the subject and Reception and information disclosing traumatic experience, the desire EU Member States are required to identify to hide shameful experiences and mistrust vulnerable asylum seekers at an early stage in authority figures. Trauma and/or lack but some vulnerabilities can be hard to of education can also hinder disclosure of identify. FGM is usually a taboo subject information. Communicating with an applicant which many survivors do not want to is done through the filter of language and speak about; in addition, sometimes they culture, and often through interpreters whose do not realise that it is a form of violence presence may further impede disclosure. against women nor realise the impact of FGM on their mental and physical health. Gathering evidence is not required if the testimony is generally coherent and consistent. It is standard practice in many EU member However, many asylum authorities require states that asylum seekers undergo a medical material evidence and will cite a lack of examination; this could be an opportunity cooperation if the asylum seeker is not able to ask women coming from countries where to substantiate his or her testimony. the practice is prevalent specific FGM- related questions. However, this requires In general, victims of gender-related reception centre professionals to be trained persecution face major difficulty in providing on the issue and to be well informed about evidence of past persecution. A medical asylum seekers’ country of origin and ethnic examination or a psychological report can background.5 Some countries use special be useful to prove or trauma tools to detect indicators of vulnerability, but this evidence should not be a condition such as the Protect Questionnaire which is of qualifying as a refugee. The burden of currently used by some Member States such proof is lighter if the asylum seeker has been as France, and the Netherlands.6 a victim of past persecution and if he or she is considered as belonging to a vulnerable It is essential to provide asylum seekers with group. However, for women and girls who are information about the asylum process in a survivors or at risk of FGM, the principle of the language that they can understand, as the benefit of the doubt should be applied liberally. FGM and asylum in Europe 5 FMR 49 May 2015

In assessing credibility, the decision maker to determine whether such an alternative is must look into the individual and contextual both safe, relevant, accessible and reasonable.7 circumstances of the asylum seeker. An Child-specific persecution and asylum officer may conclude that a woman family unity claimant should be able to protect her child As previously mentioned, FGM is a from FGM in the event of return but this child-specific form of persecution. If an overlooks the fact that the girl belongs to unaccompanied child applies for asylum the community and that her mother is not on this ground, the asylum authorities necessarily in a position to protect her child need to ensure that the procedure, the from such harmful traditional practices. interviewing techniques and the credibility assessment are appropriate for a child. Country of Origin Information The individual situation of the asylum In some countries (such as France), when a seeker needs to be assessed against objective family applies for international protection information about the country of origin. due to fear of FGM being performed on a The prevalence rate of FGM in the asylum child, protection is only granted to the girl. In seeker’s home country is a very important these cases, asylum authorities consider that indicator; Country of Origin Information the parents do not have legitimate reasons (COI) also includes information on access for claiming asylum for themselves, because to state protection for women who fear that their opposition to the practice will not lead their daughter will be subjected to FGM. If to persecution or serious harm for them. a law prohibits the practice of FGM in the However, family unity and the best interests home country, the implementation of the of the child are fundamental principles in law in practice needs to be assessed. Is it international and regional human rights possible to file a complaint for a survivor and refugee law, and should be prioritised of FGM? Will the police react diligently if a in asylum claims related to FGM where the woman asks for protection for her daughter? overarching objective is to protect women and girls from persecution or serious harm. COI should be gathered from different sources (both governmental and non- Christine Flamand christine.flamand@intact- governmental), be child-specific and include association.org is Legal Advisor and Director of a gender dimension; the European Asylum INTACT.8 www.intact-association.org

Support Office has committed to improving 1. Manfred Nowak (15 January 2008) Report of the Special Rapporteur these aspects and is also developing a on torture and other cruel, inhuman or degrading treatment or training module on gender and interviewing punishment www.refworld.org/pdfid/47c2c5452.pdf techniques for vulnerable groups. 2. Consideration no. 30 http://tinyurl.com/EU-QualificationDirective 3. A complementary form of protection against torture and However, if no corroboration of facts is inhuman and degrading treatment that is not linked to the five found in COI, this cannot in itself challenge persecution grounds of the 1951 Refugee Convention. the claimant’s overall credibility. This is 4. A 2012 report of a comparative analysis of gender-related asylum claims in nine EU Member States includes a range of particularly relevant regarding the issue of examples of good (and bad) practice. See re-excision (re-cutting at a later date); as this http://tinyurl.com/EU-Gender-asylum-claims-2012 is an even more taboo subject than the initial 5. See, for example, the e-Learning course ‘United to END FGM/C’: FGM, no corroboration of the practice is www.uefgm.org/ found in COI – but the absence of supporting 6. http://protect-able.eu/resources/ facts does not mean it is not a reality. 7. See UNHCR (May 2009) Guidance Note on Refugee Claims relating to Female Genital Mutilation, section C. www.refworld.org/docid/4a0c28492.html Some asylum authorities consider whether 8. INTACT is a legal expertise centre in Belgium, working on the applicants could relocate to another part of issues of FGM, and honour-related crime. their country, where the practice of FGM is less widespread. In those cases, it is necessary 6 FGM and asylum in Europe FMR 49 May 2015 The medicalisation of female genital mutilation Pierre Foldes and Frédérique Martz

The ‘medicalisation’ of female genital mutilation should be denounced on two counts. Firstly, it is usually anatomically more damaging and, secondly, it goes against the ethical basis of the medical profession.

The ‘medicalisation’ of female genital so-called medicalised practices with cutting mutilation/cutting (FGM/C) refers to the act carried out by traditional practitioners.1 The being performed by doctors or other members immediate and inevitable conclusion is that of the health profession. The phenomenon is in the vast majority of cases, medicalisation is neither new nor unknown. The medical and clearly an aggravating factor in mutilation. paramedical professions have traditionally practised acts of mutilation in numerous Ritual cutting consists of cutting off a larger countries in East Africa, primarily Egypt, or smaller portion of the clitoral glans by a Sudan, Eritrea and Somalia. It is a more more or less clean cut that extends more or recent, emerging phenomenon in West Africa less towards the apex of the clitoral shaft. where an increasing number of members Traditional cutters are very well aware of of the nursing profession, midwives and how far they can go, particularly in terms matrones (traditional midwives) – and also of bleeding, and they understand that the doctors or surgeons – in Côte d’Ivoire, death of young girls will neither serve their Mali and the rest of the sub-region are reputation nor help with recruiting new involved. Clinics that practise FGM/C have clients. As a result, the main nerve trunks been identified in Kenya and Guinea. are – paradoxically – avoided and thereby protected, as injuring them would also involve Such acts of FGM/C are usually paid for, opening up blood vessels, resulting in an sometimes at a high price, on the pretext uncontrollable haemorrhage. The same applies of ‘better quality’ or for safety reasons. to the labia minora and vulvar tissue, which are Even in Europe, a few practitioners have difficult to access on a terrified young girl. offered ‘safe’ forms of FGM/C and even ‘minimal’ cutting to comply with tradition. However, the use of anaesthesia – whether local, locoregional or general – makes it This practice is of growing relevance in possible to cut, unhindered, a body that is asylum procedures where medicalisation open and at rest. Worse, a doctor, surgeon tends to be viewed by non-medical experts or health-care professional knows how to (such as asylum officials) as a minor prevent haemorrhage and is therefore much procedure and therefore not to be considered less constrained by the presence of major as persecution (unlike ‘more severe’, blood vessels – and can cut much more traditionally performed FGM/C). However, extensively, as we have observed. Moreover, our experience over 25 years of treating and the fact of being a surgeon or gynaecologist managing female genital mutilation and increases their ability to cut more, without carrying out surgical repairs has given us risk, because of their greater knowledge a detailed understanding of the reality and of this part of the body. Medicalised cases impact of ‘medicalisation’, and we have no performed by specialists have often been hesitation in denouncing these practices. the ones that were most difficult to repair.

Anatomically more damaging A breach of ethics We have carried out reconstructive surgery Medicine must not be used for harmful on women who have been subjected to FGM/C practices; furthermore, carrying out acts and been able to compare the consequences of without a person’s consent or against their FGM and asylum in Europe 7 FMR 49 May 2015

wishes is a crime. The medicalisation of or carer who carries out an act of mutilation FGM/C is an absolute breach of ethics that commits a crime against the women who affects and tarnishes the entire health-care trust them, against the spirit and ethics community. Historically, any other attitude of medicine, and against society. has led to appalling practice, such as the Pierre Foldes [email protected] and experiments conducted during the Holocaust Frédérique Martz [email protected] or assistance in prolonging torture sessions. work at the Institut en Santé Génésique, Saint- The same applies to medical support for Germain-en-Laye, France. harmful practices such as FGM/C. www.institutensantegenesique.org For the last 25 years, medicine has helped 1. We have data from over 250 cases of medicalised FGM/C (some carried out in France). In addition, interviews with traditional us understand the reality of FGM/C and female cutters have enabled us to gain a clearer understanding its consequences. This new understanding of their practices, while surgery on 4,500 cases (of all forms of must serve the needs of women. A doctor FGM/C) has allowed us to understand the physiopathology of mutilation.

The : new treaty, new tool Elise Petitpas and Johanna Nelles

The new Istanbul Convention provides a powerful tool for more effectively guaranteeing the protection of asylum seekers at risk of gender-based persecution and at risk of FGM in particular.

The Council of Europe Convention on In Europe, when a child falls and breaks her preventing and combating violence arm in the playground, everyone comes to help. against women and , also I want to see the same reaction when we speak known as the Istanbul Convention, is the of a little girl at risk of FGM.” (FGM survivor first European treaty specifically devoted Aissatou Diallo who fled Guinea to protect to addressing , her two daughters from the practice and including female genital mutilation. FGM is now an anti-FGM activist in Belgium) is a threat to women and girls around the globe, including in Europe – a fact that has International protection under remained unacknowledged for too long. the Istanbul Convention Building on existing international human With its entry into force in 2014, the Istanbul rights law obligations, the Istanbul Convention legally obliges States Parties to Convention clearly acknowledges that women accelerate preventive measures to protect and girls who suffer from gender-based and support FGM-affected women and violence can seek protection in another state girls, or those at risk, and to ensure effective when their own fails to prevent persecution and child-sensitive investigations and or to offer adequate protection and effective prosecution. These obligations include remedies. The Istanbul Convention calls improvements in the area of refugee for more gender sensitivity in refugee determination procedures for asylum seekers. determination procedures and obliges States Parties to take the necessary legislative “What I remember from the interview is that and other measures to ensure that gender- the person who received me did not seem to based violence against women is recognised believe me. It is true that some people leave as a valid ground for claiming asylum. their countries for economic reasons. But when you tell someone “I do not want my girls to be The extent to which European states currently cut”, I want that this person’s vision changes. recognise refugee status for women and 8 FGM and asylum in Europe FMR 49 May 2015

girls at risk of gender-based persecution FGM, particularly if it was performed at an varies significantly. Possible reasons for such early age and if their reason for fleeing their variations include the lack of explicit laws country of origin is unrelated to FGM. Women and guidance nationally, and inadequate may come to health professionals with long- provision of legal support and other services. term complications resulting from FGM In addition, some states regard gender- but may not know that these complications based violence as a ‘private’ matter; when are associated with it. There is also a need occurring in the private sphere, gender- to address its psychological consequences based violence may be more difficult to which may include fear of sexual prove, creating credibility issues for asylum intercourse, post-traumatic stress disorder, seekers with gender-related claims.1 anxiety, depression and memory loss.3

The Convention provides a set of obligations Develop gender-sensitive procedures for States Parties to better guarantee the for asylum seekers (Article 60, paragraph protection of asylum seekers at risk of gender- 3): According to the Istanbul Convention, based persecution and at risk of FGM in States Parties will need to put in place particular.2 States Parties are required to: a refugee determination process that is respectful of cultural sensitivities, ensures Ensure a gender-sensitive interpretation that women and girls do not face further of each of the 1951 Refugee Convention stigmatisation upon arrival in destination grounds (Article 60, paragraph 2): As is often countries, and guarantees a supportive the case in gender-based persecution, there environment allowing women to disclose is a trend to consider FGM as falling within relevant information. In particular, gender- the grounds of membership of a particular sensitive procedures should include: social group and to overlook other grounds. Parents who oppose FGM for their daughters ■■the provision of information on gender- may come under the grounds of political specific aspects of the asylum procedure opinion. Similarly, where it is considered a religious practice, if a woman or a girl does not ■■the opportunity to have a personal behave in accordance with the interpretation interview separately from their husband/ of her religion, such as by refusing to partner and without the presence of family undergo FGM or to have it performed on her members (especially children) children, she may have a well-founded fear of being persecuted for reasons of religion. ■■the opportunity for women to mention independent needs for protection and Develop gender-sensitive reception gender-specific grounds leading to a conditions and support services for asylum separate application for international seekers (Article 60, paragraph 3): The protection identification of and response to the gender- sensitive reception needs of women affected ■■gender-sensitive and child-sensitive by FGM require measures to address legal interviews led by a trained interviewer, and social barriers that may prevent women and assisted by a trained interpreter when and girls from accessing vital health or other necessary services. Restrictions on freedom of movement in detention can hinder women from accessing ■■the possibility for the applicant to express specialist health-care or counselling services. a preference for the sex of their interviewer Barriers may include language, a lack of and interpreter competent or non-judgmental interpreters, and different ways of understanding and viewing ■■the development of gender guidelines on health issues. Some women asylum seekers the adjudication of asylum claims, and may not be aware that they have undergone training to ensure their implementation. FGM and asylum in Europe 9 FMR 49 May 2015

Respect the principle of non-refoulement Parties will support women like Aissatou (Article 61): The Convention creates the in realising their dream of being part of obligation to protect female victims of the last generation to have undergone the violence, regardless of their residence status. practice of female genital mutilation. In this respect, states should guarantee that women in need of protection are not Elise Petitpas [email protected] was until recently returned to any country where their life Network and Advocacy Manager with the End would be at risk or where they may be FGM European Network.4 www.endfgm.eu subjected to torture or inhumane or degrading Johanna Nelles [email protected] is Head treatment or punishment. Such obligation of the Violence Against Women Unit in the should extend to abuses by individuals Directorate General of Democracy at the Council who perpetrate FGM when the authorities of Europe. www.coe.int/conventionviolence in the country concerned are complicit, fail to exercise due diligence or are negligent The opinions expressed in this article are the in preventing or redressing the abuse. responsibility of the authors and do not necessarily reflect the official policy of the Conclusion Council of Europe.

The Istanbul Convention gives hope for 1. Asylum Aid (UK) et al (2012) Gender related asylum claims in real change in how women and girls are Europe: A comparative analysis of law, policies and practice focusing on protected from gender-based violence. Official women in nine EU Member States, p41. http://tinyurl.com/EU-Gender-asylum-claims-2012 monitoring and evaluation of these new 2. For detailed guidance on what the obligations of the Istanbul obligations by governments ratifying the Convention in relation to FGM mean in practice, and how they treaty will help shed more light on what is can be put into practice, see Council of Europe and (2014) The Council of Europe Convention on preventing being done to prevent and combat FGM, and and combating violence against women. A tool to end female genital will thus be an important element in ensuring mutilation, Strasbourg. See box below re ‘Promising practice’. that states live up to their responsibility http://tinyurl.com/CoE-AI-2014-Istanbul-Conv-tool to guarantee the physical, psychological 3. Irish Family Planning Association (2011) Sexual health and asylum. Handbook for people working with women seeking asylum in Ireland. and sexual integrity of all women. http://tinyurl.com/IFPA-2011-Asylum-handbook 4. The End FGM European Network (END FGM) is a European The Istanbul Convention provides States umbrella organisation set up by eleven national non-governmental Parties with a unique opportunity to lift organisations to ensure sustainable, coordinated and comprehensive action by European decision-makers to end FGM the silence surrounding FGM in Europe. and other forms of violence against women and girls. Its vision is It is hoped that under the watchful eyes of a world where women and girls are empowered and free from all forms of gender-based violence, in particular female genital of civil society and national parliaments mutilation, where their voices are heard, and where they can enjoy (both of which are allowed to contribute to their rights and make informed choices about their lives. The the monitoring of the Convention), States principles of respect and promotion of human rights and are at the core of this work.

Promising practice The Netherlands: In 2011, the Dutch government support in 15 languages, around the clock, 365 days developed an official document –Statement a year. www.hilfetelefon.de/en/about-us.html opposing female circumcision – to help parents withstand pressure when visiting their in : In 2008, London’s Metropolitan their country of origin. This document outlines the Police issued standard operating procedures on health consequences of FGM and explains relevant FGM which provide police with an overview of FGM Dutch legislation. Parents are given a copy by and describe the procedures to be adopted when children’s health-care centres and school doctors. a girl is at risk of FGM or a girl or an adult woman www.pharos.nl/documents/doc/pp5056-verklaring- has already been subjected to the practice. The uk-2011_definitief.pdf objective is to ensure that those at risk are protected and supported, and to achieve best evidence for Germany: In 2013, the German government set prosecution and protection orders. up a national, free telephone helpline 08000 116 www.londonscb.gov.uk/fgm/ 016 offering victims of all forms of violence against women – including FGM – advice on demand; For more examples, see http://tinyurl.com/CoE-AI- around 60 trained counsellors provide confidential 2014-Istanbul-Conv-tool 10 FGM and asylum in Europe FMR 49 May 2015 Changing attitudes in Finland towards FGM Saido Mohamed and Solomie Teshome

Former refugee women are now working as professional educators among immigrant and refugee communities in Finland to tackle ignorance of the impact and extent of female genital mutilation/cutting.

The objective of the Finnish League for gave me new tools to approach the issue and Human Rights’ Whole Woman Project1 is that I began volunteering in my own community, no girl living in Finland be cut in Finland or spreading information about FGM/C. taken abroad to be cut. Talking about female genital mutilation/cutting (FGM/C) from In the early 2000s, talking about FGM/C the perspective of human rights, equality was still very difficult in the Finnish Somali and health, we concentrate on changing community but there has been a tremendous attitudes in the affected communities change in attitudes since then. Today men and and on educating immigrants as well as women are willing to discuss FGM/C openly professionals and students in areas such as and most of them are strongly against it. They health care, child welfare and daycare. do not want their daughters to go through the practice, and young men are willing to marry Nowadays FGM/C is globally recognised as uncut women. A male participant in one of a practice that violates human rights and, our seminars said that FGM/C violates not like other forms of violence, is an attack on only women’s rights but men’s rights as well. the dignity, equality and integrity of girls and women. In addition to violating many Those girls and women who have themselves international human rights conventions, undergone FGM/C find themselves in a the practice has been criminalised in many completely new situation when they move to countries. We achieved one of our earlier Finland or elsewhere in Europe, where it is not objectives in 2012 when Finland published practised. What had been culturally normal a National Action Plan on the Prevention in their country of origin suddenly becomes of Circumcision of Women and Girls 2012- abnormal; encounters with professionals 2016; we were involved in preparing the such as Finnish health-care workers may contents of the Action Plan and today we not only cause stress and fear but also monitor its implementation and lobby the humiliation. Many cut women try to avoid authorities to meet their responsibilities. gynaecological examinations. One woman who had experienced the most severe form Two of our advisors were themselves of FGM/C2 told the following story when refugees – from Somalia and Ethiopia – asked about gynaecological examinations: and are now professional educators. ”It was the worst experience I’ve ever had. The Saido doctor asked, horrified, what the hell has happened My name is Saido Mohamed. I came to to you? That was my first and last visit to a Finland as an asylum seeker from Somalia gynaecologist!” in 1992. In 2001 while working as a nurse, I attended a training-of-trainers course for Solomie immigrant women and men organised by the My name is Solomie Teshome. I came to Whole Woman project. The topic of training Finland as a refugee in 1995. Unaware of the was FGM/C – more precisely, its consequences prevalence of FGM/C in my own country, for health and its relation to women’s rights Ethiopia, I was shocked and saddened when and human rights. Despite the fact that I was I saw a documentary about it on Finnish TV. not unaware of the phenomenon, the course I had known about its existence but I hadn’t FGM and asylum in Europe 11 FMR 49 May 2015

known how many girls and women were wife and daughters were still in Ethiopia. dying because of it. During my next visit When he learned that the procedure was home, I decided to investigate and discovered still routinely practised in urban settings in not only that it had always been considered as Ethiopia, he talked to his wife who told him a normal practice and was part of Ethiopian that her mother was planning to perform culture but also that the phenomenon was FGM/C on their youngest daughter. The closer than I had realised – my neighbours, man shared his new-found knowledge of relatives and friends were also victims of it. FGM/C with his wife, who then convinced The truth changed my life and since then her mother to give up the idea of cutting the I have been working against FGM/C. girl. Nowadays the whole family lives in Finland and the daughter has not been cut. Since working at the Whole Woman project I have come to realise that: Conclusion As professionals with long experience in ■■people who have suffered the procedure or working against FGM/C and as women with have themselves performed the procedure first-hand experience in forced migration, are victims of a harmful tradition and their we strongly believe that systematic training awareness of the topic may be minimal on the disadvantages of FGM/C as well as on related rights should be offered to all refugees ■■FGM/C is a traumatic personal experience waiting to be relocated. Some people who have which needs handling with utmost care and come to Finland as refugees told us that they confidentiality deliberately had their daughters cut in the refugee camps because they were aware that ■■establishing personal trust with individuals the practice would not be accepted in their and groups is the first step to getting rid of new home country. This can and should be the practice prevented. Furthermore, training should also take place in the receiving country, soon after ■■each case needs to be approached arriving, in the newcomers’ own languages. individually, bearing in mind, for example, people’s cultural and educational In both situations, there should be discussion backgrounds groups for refugees, and programmes to change attitudes at the grassroots, as well ■■the role of ‘key persons’ is essential – as one-to-one counselling. By receiving individuals who participate in our information and having the opportunity groups and then commit to talking about to reflect on their experiences in a peer the negative impacts of FGM/C in their group, people become empowered, even communities and family networks. in difficult circumstances. And when empowered, they will continue to make In groups one can see and measure changes a change in their own communities. in attitudes towards FGM/C. After a series of individual discussions to build trust, we Saido Mohamed and Solomie Teshome are organise separate groups for women and men. Advisers with the Finnish League for Human Then when we feel that the participants are Rights. ready, we bring women and men of the same [email protected] origin together; we also organise groups with [email protected] people from different ethnic, cultural and www.ihmisoikeusliitto.fi/english

religious backgrounds. Our aim is to change 1. The Whole Woman project was chosen as an example of good attitudes through discussion, step by step. participatory practice by UNHCR. See UNHCR (2014) Speaking for Ourselves. Hearing Refugee Voices - a Journey towards Empowerment www.refworld.org/docid/537afd9e4.html Through one of our ‘key persons’, I met a 2. Type III, also known as infibulation or pharaonic FGM/C. recently arrived Ethiopian refugee whose Photo by Lorenzo Colantoni, property of End FGM European Network [email protected][email protected] Oxford of University Refugee Centre Studies www.fmreview.org