a-5965 (ACC-ETH-5965)
In response to your above request we can provide you with the following information:
Practice of FGM in Ethiopia
In its annual report published on 23 May 2007 Amnesty International (AI) states that female genital mutilation (FGM) was widespread among many Ethiopian ethnic groups:
“Violence against women
According to Ethiopian women's organizations, violence against women through domestic violence, rape and harmful traditional practices, including female genital mutilation and early marriage, remained widespread. Female genital mutilation was prevalent among many ethnic groups of different faiths in remote rural areas and abductions of girls were associated with early marriages.” (AI, 23 May 2007, section: Violence against women)
In its Country Report on Human Rights Practices 2006 on Ethiopia published on 6 March 2007 the US Department of State (USDOS) provides an overview on the spreading of FGM:
“The majority of girls and women in the country had undergone some form of FGM. Girls typically experienced clitoridectomies seven days after birth (consisting of an excision of the clitoris, often with partial labial excision, and faced infibulation (the most extreme and dangerous form of FGM) at the onset of puberty. According to a Ministry of Health Demographic and Health survey released in 2005, the practice of FGM among all women had decreased from 80 to 74 percent, while support for the practice among women had dropped from 60 to 29 percent.” (USDOS, 6 March 2007, Section 5)
The Integrated Regional Information Network (IRIN) reports that – in spite of the decreasing support for FGM – more than half of 15 to 19 year old girls had been circumcised:
“Addis Ababa, 12 April 2007 (IRIN) - Ethiopia has launched a national strategy on adolescent and reproductive health that aims to tackle the problems of early marriages and pregnancies, female circumcision, abduction and rape, and poor access to healthcare for 10- to 24-year-olds.
[…]
Another widespread issue was female genital mutilation. More than half of 15- to 19-year-old girls had been circumcised. Although support for this harmful practice was declining, about a quarter of 15- to 24-year-old girls believed it should continue.” (IRIN, 13 April 2007)
In an article published on 16 February 2005 IRIN talks about a 90 percent prevalence rate of FGM:
“Ethiopia has a 90 percent prevalence rate for female circumcision, according to the Italian-based international association, No Peace Without Justice. In 2004, however, the government criminalised female circumcision.” (IRIN, 16 February 2005)
In its Update on Ethiopia the Swiss Organisation „Schweizerische Flüchtlingshilfe“ (SFH) reports that 54% of the girls in the Southern Region, 92% in Amhara, 96% in Afar, 99% in Oromia and 100% in Somali were circumcised:
„Die Praxis der weiblichen Genitalverstümmelung (Female Genital Mutilation FGM) ist unverändert weit verbreitet. In den südlichen Regionen werden 54, in Amhara 92, in Afar 96, in Oromia 99 und in Somali 100 Prozent der Mädchen beschnitten. 2” (SFH, 9 November 2005, p6)
Practical implementation of prohibition to practice FGM
The above quoted Country Report by the US Department of State (USDOS), published on 6 March 2007, provides information on legal regulations concerning FGM in Ethiopia:
“The penal code criminalizes the circumcision of any female by imprisonment of not less than three months or a fine of not less than $58 (500 birr). Likewise, infibulation of the genitals is punishable with imprisonment of five to 10 years. However, no criminal prosecutions have ever been brought for FGM.
The government took some measures to help eradicate FGM, discouraged the practice through education in public schools, and broader mass media campaigns.” (USDOS, 6 March 2007, Section 5)
According to the Integrated Regional Information Network (IRIN) the number of girls and women who undergo FGM had decreased:
“Addis Ababa, 31 July 2007 (IRIN) - The number of girls and women who undergo female genital mutilation/cutting (FGM/C) has declined in Ethiopia's Southern Regional State, and could be reduced further if stronger penalties were enforced, an NGO leader said.
‘Previously people did not even mention FGM/C; it was a taboo,’ said Bogaletch Gebre, executive director of Kembatta Women's Self-Help Centre, a local NGO engaged in educating the public in Kembatta, Alaba and Tembaro zones.
According to official statistics, FGM/C prevalence in the state decreased from 80 percent in 2000 to 74 percent in 2005. Bogaletch said this could improve with legal reform.
‘The law in our country is very weak and not a deterrent,’ she said. ‘When this happens, people are not afraid of breaking it. My life as a woman is not worth more than 500 Birr [US$55].’
Under the Ethiopian Penal Code, FGM/C carries a punishment of imprisonment of not less than three months or a fine of not less than 500 Birr.
‘Ethiopia is a signatory to many international laws, but has not yet ratified the Maputo protocol,’ she told IRIN in the capital, Addis Ababa, on the sidelines of an African consultative meeting on FGM/C.
The Maputo Protocol came into force in November 2005 and is an African initiative that prohibits and condemns FGM/C. As a result, 16 African countries have banned the practice.” (IRIN, 31 July 2007)
In an Article published on March 2005 the Integrated Regional Information Network (IRIN) points out that Ethiopia was one of 16 countries with criminal legislation against FGM:
“Legislation against FGM
In Africa, thirteen countries have responded to the problem of FGM by implementing legislation against it: According to ‘Center for Reproductive Rights’ there are 16 countries with criminal legislation against FGM: www.crlp.org
Benin (2003 = the date legislation was implemented), Burkina Faso (1996), Central African Republic (1966), Chad (2003), Côte d'Ivoire (1998), Djibouti (1994), Egypt (Ministerial Decree, 1996), Ethiopia (2004), Ghana (1994), Guinea (1965), Kenya (2001), Niger (2003), Senegal (1999), Tanzania (1998), Togo (1998), Nigeria (multiple states, 1999-2002).” (IRIN, March 2005)
Referring to “The Revised Criminal Code of the Federal Democratic Republic of Ethiopia” from 2004 the UK Home Office writes in its Country of Origin Information Report on Ethiopia, published on 18 January 2008:
“Female genital mutilation (FGM)
24.71 The Revised Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004 states in the Article 565: ‘Whoever circumcises a woman of any age is punishable with simple imprisonment for not less than three months, or fine not less than five hundred Birr.’
24.72 The Revised Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004 Article 566 states the following: ‘(1) Whoever infibulates the genitalia of a woman, is punishable with rigorous imprisonment from three years to five years. (2) Where injury to body or health has resulted due to the act prescribed in sub-article (1) above, subject to the provision of the Criminal Code which provides for a more severe penalty, the punishment shall be rigorous imprisonment from five years to ten years.’” (UK Home Office, 18. January 2008, p119)
Also Freedom House (FH) emphasizes the revision of the Ethiopian Criminal Code which had made FGM a criminal offence. However – referring to Amnety International’s (AI) annual report 2006 - FH dates the law May 2005:
“In May 2005, the revised criminal code made female genital mutilation a criminal offense punishable by up to ten years’ imprisonment. It also increased the punishment for the traditional practice of abduction for the purpose of marriage from three to as many as ten years in prison, and made the offense subject to punishment as rape, thereby ending the impunity previously enjoyed by suspects who married their victims. Other evidence of the government’s intent to better protect women’s rights can be seen in its efforts to cooperate with the Ethiopian Women Lawyers Association (EWLA). EWLA has been providing training on women’s rights issues to the police force, and it has urged the police to combat violence against women.” (FH, 25 September 2007, Civil Liberties – 2.85)
Societal attitudes towards girls who have not undergone FGM
In the above quoted article, published on 16 February 2005, IRIN mentions cultural traditions and beliefs related to the practice of FGM:
“Segni [Teshome Segni, executive director of the Integrated Community Education and Development Association] said some of the biggest challenges in their anti-FGM campaign were deep-rooted cultures and traditions. The women, she said, faced being ostracised from their communities if they did not under circumcision.
They had also been led to believe they would not be able to get a husband if they were not circumcised. The prevailing ideology, Segni said, was that women were not perceived to be mature or fertile if they were not circumcised.
‘The mother usually decides whether the girl will be circumcised, but the pressure comes from male elders, as well as fathers and prospective husbands,’ Segni told IRIN. ‘The idea of marriage often forces them to practice circumcision. [However], the women often don't have much information, so the harmful practices continue.’” (IRIN, 16 February 2005)
In the same article IRIN further sheds light on the situation of Ethiopian girls by describing the case of 14 years old Aberash Nuguse who was circumcised at three and married against her will at 12:
“One of Segni's students, Aberash Nuguse, 14, was circumcised at age three and married off against her will at age 12.
‘I was circumcised with my sister of five years and my older brother with the same razor blade,’ Nuguse said. ‘I was given [local] alcohol to intoxicate me and kill the pain.’
‘I remember three people holding me down, including my father,’ she added. ‘I was crying and even fainted. It was painful and I bled for 15 days after the circumcision.’
She is now supported by ICEDA after divorcing her husband.
She had suffered months of brutality whenever she refused sexual intercourse because of the pain induced by the act. Her husband, Nuguse told IRIN, would beat her unconscious every night that happened.
On her wedding night, Nuguse said she fainted during the first sexual encounter with her husband because of pain. Her reproductive organs were torn and she bled profusely, but he continued through and did not stop until he had finished.
‘The men are taught that this is a sign of their strength,’ Segni said. ‘They are told to be forceful and strong during the consummation night and beyond and that this will prove their power over their women.’” (IRIN, 16 February 2005)
Among the sources consulted by ACCORD within time constraints no further information could be found on the subject of societal attitudes towards girls who have not undergone FGM.
This Response was prepared after researching publicly accessible information currently available to ACCORD within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please read in full all documents referred to.
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