Document #1136236
IRB – Immigration and Refugee Board of Canada (Author)
Practice and prevalence
Various sources state that in The Gambia,
the practice of female genital mutilation (FGM) is widespread (AFP
27 Jan. 2005; The Independent 28 May 2004; ibid. 19 Dec.
2003;WHO 1 Feb. 2004; Morison 20 Dec. 2001; Country Reports
2004 28 Feb. 2005, Sec. 5) and "entrenched" (ibid.). The
prevalence of FGM is estimated to be between 60 and 90 per cent
(ibid.; AFP 27 Jan. 2005; WHO 1 Feb. 2004; The Independent
19 Dec. 2003). However, while FGM is practised by seven of the nine
Gambian major ethnic groups, it is more common among the Mandinka,
Fulas and Serahule people (The Independent 28 May 2004)
and "less frequent among the educated and urban segments" of the
population (Country Reports 2004 28 Feb. 2005, Sec.
5).
Performed on girls from shortly after their birth or up until age 16 (28 Feb. 2005, Sec. 5; see also The Independent 28 May 2004), in The Gambia, FGM involves the removal of the clitoris (The Independent 28 May 2004; Morison 20 Dec. 2001; The Independent 28 May 2004) and labia minor (ibid.).
Attitudes and beliefs
According to a 30 November 2004 PANA
article, many Gambians, including State House Imam Abdoulie Fatty
support FGM because of their belief that Islam mandates the
practice (PANA 30 Nov. 2004; see also Country Reports 2004
28 Feb. 2005, Sec. 5). The PANA article cited Imam Fatty as stating
that FGM "is good and should be encouraged by every Muslim," while
anti-FGM campaigners were described as the "enemies of the Islamic
faith and infidels" (30 Nov. 2004). In addition, in a study
conducted in the Gambia in 2001, the majority of circumcised women
from the Mandinka, Fula and Wollof ethnic groups favour the
practice (Morison 20 Dec. 2001). However, women on whom FGM was
performed expressed concern about the effects on their health
(ibid.; The Independent 28 May 2004)
Legal Status and Protection Available
Gambian authorities have not passed a law
yet that prohibits FGM (Country Reports 2004 28 Feb. 2005,
Sec. 5; The Independent 21 May 2004). Sources explained
that while "in theory" the Gambian government is opposed to FGM
(The Independent 19 Dec. 2003; see also Country
Reports 2004 28 Feb. 2005, Sec. 5; WHO 1 Feb. 2004), the same
government continues, in practice, to act in ways that favour it
and to bar anti-FGM activists from media access (ibid.; The
Independent 19 Dec. 2003; PANA 30 Nov. 2004). According to
Country Reports 2004, Gambian president Yahya Jammeh
stated that the "government would not impose a ban on FGM" (28 Feb.
2005).
In addition, regarding the situation in Gambia, German courts (AFP 27 Jan. 2005) and Spanish courts (The Independent 21 May 2004) have prevented four girls (one in the case of Germany, and three in the case of Spain) from being repatriated by their parents to The Gambia, where they may be in "real danger of genital mutilation," (The Independent 21 May 2004). While the German judge described FGM as "a cruel, grave form of abuse that is impossible to justify and a clear violation of the welfare of the child" (AFP 27 Jan. 2005), in the case of the Spanish decision, the girls' father declared that there was nothing he could do to protect his daughters because FGM was part of the Gambian tradition (The Independent 21 May 2004).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Agence France-Presse (AFP) [Paris]. 27
January 2005. "German Courts Can Stop Genital Mutilation of
Immigrant Girls: Ruling." (Dialog)
Country Reports on Human Rights
Practices for 2004. 28 February 2005. "The Gambia." US
Department State. Washington, D.C. http://www.state.gov/g/drl/rls/hrrpt/2004/41605.htm
[Accessed 18 Apr. 2005]
Independent [Banjul]. 28 May
2004. "Female Genital Mutilation." (Dialog)
_____. 21 May 2004. "Govt. Spain in
Circumcision Row As Court Acts to Save Girls From Mutilation."
(Dialog)
_____. 19 December 2003. "Woemn, Girls
Still Vulnerable to Female Genital Mutilation."
(Dialog/AllAfrica)
Morison Linda. 20 December 2001.
"Cutting Out Uncertainty - Reproductive Health Effects of Female
Genital Cutting." http://www.id21.org/society/h6lm1g1.html
[Accessed 13 Apr. 2005]
Panafrican News Agency (PANA) [Dakar].
30 November 2004. "Gambia Women Kick Against FGM." (Financial Times
Information/Dialog)
World Health Organization (WHO). 1
February 2004. Judith Mandelbaum-Schmid. "Mali Takes Grass Roots
Approach to Ending Female Genital Mutilation." (Dialog).
Additional Sources Consulted
Publications: Africa
Confidential, Africa Research Bulletin, Jeune
Afrique/L'Intelligent, Resource Centre country file.
Websites, including: AllAfrica,
Amnesty International (AI), European Country of Origin Information
Network (ECOI), Human Rights Watch (HRW), UNICEF, Women's Human
Rights Resources, Women Living Under Muslim Law.