Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Information on levirate, particularly in the Peul ethnic group, was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

1. Prevalence of Levirate and Sororate

According to INTACT, a Belgian non-profit organization founded in 2009 that [translation] "aims to become a 'place of reference' for legal questions" related to traditional practices such as female genital mutilation and forced marriages (INTACT n.d.), sororate involves forcing a girl [translation] "'to replace' her [deceased] sister as the husband's spouse" and levirate involves "forcing the brother of the deceased husband to 'replace' him as the wife's spouse" (ibid., 10 Oct. 2012).

Levirate and sororate are among the traditional practices in Guinea that are still common (UN Mar. 2012, 62; WiLDAF Jan. 2013; IAC 26 June 2013). During a telephone interview with the Research Directorate on 26 June 2013, a representative of the Inter-African Committee on Harmful Traditional Practices (IAC) (Comité Inter-Africain sur les pratiques traditionnelles néfastes, CI-AF), stated that levirate is a widespread practice in Guinea and that it is [translation] "rooted in customs" (ibid.). In addition, he added that sororate is also widespread in the country because these practices are generally interrelated (ibid.).

The IAC representative also stated that levirate is practiced among the Peul ethnic group (ibid.). In correspondence sent to the Research Directorate on 1 July 2013, the representative of the Agency for Cooperation and Research in Development (ACORD) in Guinea, an NGO that works in over ten African countries "with communities on livelihood and food sovereignty, HIV and AIDS, peace building and women's rights" (ACORD n.d.), states that the two ethnic groups that practice levirate in Guinea are the Peuls and the Malinkés (ibid. 1 July 2013).

2. Refusal of Levirate

The IAC representative stated that a woman's refusal to marry her deceased husband's brother is considered to be a [translation] "disgrace" for the family (IAC 26 June 2013). In such a case, the representative stated that the family exerts [translation] "strong pressure" on the woman to make her change her mind (ibid.). The representative of ACORD in Guinea also mentioned this pressure among the Peuls by explaining that the arguments used are related to the education and social integration of the children and to [translation] "the management of assets" left by the husband (ACORD 1 July 2013). However, he stated that, in some cases, [translation] "families do everything so that the wife leaves the home, in order to appropriate the assets left by the deceased" (ibid.). He added that, generally, it is the more educated women who refuse the practice of levirate (ibid.).

The representative of IAC stated that when a woman refuses to remarry, a [translation] "disagreement" may develop between her and her family (IAC 26 June 2013). He stated that, consequently, she may be beaten by family members (ibid.). He explained that the following three situations are possible in the case of the refusal of levirate:

[translation]

1. The woman refuses to remarry: the family gets together and decides to exclude her temporarily or definitively. The length of the exclusion may vary if a person, generally very close to the family, decides to "fix the situation" by permitting dialogue between the two parties;
2. The woman refuses to remarry and some members of her family support her decision: this causes a split in the family. The woman may be threatened with exclusion. If her mother is among the members who support her, she too may be threatened with divorce and exclusion;
3. The woman refuses to remarry and she is completely supported by family: the remarriage does not take place and the woman returns to live in her family (ibid.).

Corroborating information could not be found among the sources consulted by the Research Directorate.

Although levirate is [translation] "widespread," the representative of IAC stated that it is not "automatic" (ibid.). He specified that, among other things, this is because the Guinean population has a better knowledge of HIV/AIDS (ibid.). He explained that, in the case of levirate, the men sometimes inquire into the cause of death of the person (ibid.). In addition, some men from wealthier families will ask for a blood analysis of the spouse (ibid.). The representative explained that, in Africa, most people do not have recourse to HIV/AIDS screening for fear of being stigmatized (ibid.). An article published on 22 October 2008 by the United Nations Integrated Regional Information Networks reports the case of a Guinean woman who refused to remarry the brother of her husband, deceased in 2005, who had contracted HIV/AIDS.

3. Legislation and Protection

The Civil Code of the Republic of Guinea (Code civil de la République de Guinée) prohibits polygamy, except in certain circumstances; in particular [translation] "after the waiting period set out in article 355 of the present Code, the wife or wives of a deceased may remarry without restrictions to the brother-in-law of their choice" (Guinea 1983, Art. 315, 317(1)).

According to the representative of ACORD, there is no specific law on levirate, it is the tradition that is preferred (ACORD 1 July 2013). In addition, he stated that, according to him, the services provided to women who refuse levirate are [translation] "purely social" and that a woman has only "recourse only to her family" (ibid.).

The representative of IAC had similar statements about the law and added that, consequently, [translation] "deviations" are made (IAC 26 June 2013). He explained his statements by noting that levirate, like sororate, is a form of forced or early marriage (ibid.). For further information on the prevalence of forced marriages, legislation affecting forced marriages, state protection and the ability of women to refuse a forced marriage, see Response GIN104197.F dated 9 October 2012. The representative of IAC stated that, in his opinion, within the African society, it is [translation] "out of the question" for a woman to file a complaint against her husband, father or mother (ibid.). However, he stated that the IAC and the Ministry of Social Affairs and the Promotion of Women and Children may file a complaint on a woman's behalf, because this [translation] "reduces the social impact of the complaint" (ibid.). He added that the ministry may protect women who feel threatened by providing them mainly with police surveillance (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate.

The IAC works to raise awareness in the population (ibid.).

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 sources consulted in researching this Information Request.

References

ACORD. 1 July 2013. Correspondence sent to the Research Directorate by the representative of the Guinea section.

_____. N.d. "FAQs." [Accessed 5 July 2013]

Guinea. 1983. (amended in 1993). Code civil de la République de Guinée. [Accessed 9 July 2013]

Intact. 10 October 2012. "Le rapport de mission en Guinée 2011." [Accessed 4 July 2013]

_____. N.d. "Présentation." [Accessed 4 July 2013]

Inter-African Committee on Harmful Traditional Practices (IAC). 26 June 2013. Telephone interview with a representative.

United Nations (UN). March 2012. Joint United Nations Program on HIV/AIDS (UNAIDS). Rapport UNGASS 2012-Guinée. [Accessed 9 July 2013]

_____. 22 October 2008. Integrated Regional Information Networks (IRIN). "Guinée : 'mon mari savait depuis longtemps qu'il était infecté'." [Accessed 4 July 2013]

Women in Law and Development in Africa (WiLDAF). January 2013. "Situation des droits des femmes en République de Guinée." [Accessed 4 July 2013]

Additional Sources Consulted

Oral Sources: Attempts to contact the following people and organizations were unsuccessful: Banque africaine de développement; Coalition nationale de Guinée pour les droits et la citoyenneté des femmes; FeDDAF Guinée; New Field Foundation; Organisation guinéenne de défense des droits de l'homme; Organisation internationale de la francophonie; Professor of Anthropology from the University of Richmond; Professor from the University of Florida. The Association des femmes africaines pour la recherche et le développement was unable to provide information within the time constraints.

Internet sites, including: Afrik.com; AllAfrica; Australia – Refugee Review Tribunal; British Broadcasting Corporation; Child Rights International Network; data.bnf.fr; ecoi.net; Factiva; Fédération internationale des ligues des droits de l'homme; France – Bibliothèque nationale, Cour nationale du droit d'asile; Groupe international de travail pour les peuples autochtones; Guinea – ministère des Affaires sociales, de la Promotion féminine et de l'Enfance; Guinée 24; Guinée Conakry Info; Guinée News; Ireland – Refugee Documentation Centre; Jamtan Fulani; Jeune Afrique; Le Jour; Minority Rights Group International; United Kingdom – Home Office; United Nations – Committee on the Elimination of Discrimination Against Women, Committee on the Rights of the Child, Refworld, UN Official Documents System Search; United States – Department of State; La Voix de l'Amérique; World Vision.