Guinea: The practice of female genital mutilation (FGM), particularly among the Peul [Peuhl, Fulani] and in Conakry; the possibility of refusing excision and the consequences for parents and children if there is a refusal; state protection available (2016-January 2018) [GIN106039.FE]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Prevalence of female genital mutilation

The 2016 Multiple Indicators Cluster Survey (MICS 2016) of the Republic of Guinea, supported by UNICEF, reports that in 2016, 96.8 percent of Guinean women aged 15 to 49 were excised by some form of FGM (Guinea July 2017, 272). The same source reports that in 2016, 98.7 percent of Guinean women aged 45 to 49, and 94.5 percent of women aged 15 to 19 were excised by a form of FGM (Guinea July 2017, 272). According to the same source, in 2016, 98.6 percent of women in Lower Guinea, 99.1 percent of women in Middle Guinea, 98.1 percent in Upper Guinea and 92.0 percent of women in the Forest Region of Guinea had been subjected to some form of FGM (Guinea July 2017, 272). The same source reports that the field survey was conducted from August to November 2016, and that of the 10,245 women meeting the inclusion criteria, 9,663 were questioned as part of the study (Guinea July 2017, iv).

According to the same source, in 2016, 45.3 percent of young girls aged 0 to 14 underwent some form of FGM, which breaks down to 10.4 percent of girls aged 0 to 4, 53.4 percent of girls aged 5 to 9, and 85.3 percent of girls aged 10 to 14 (Guinea July 2017, 274). The same source notes that data on the prevalence of FGM among girls aged 0 to 14 shows whether the girls were excised when the data was being collected, and not whether they were at risk of being excised at some time in the future (Guinea July 2017, 273).

In a telephone interview with the Research Directorate, Dr. Alpha Amadou Bano Barry, Scientific Director of the Laboratory of Socio-Anthropological Analysis of Guinea (Laboratoire d'analyse socio-anthropologique de Guinée, LASAG) at the General University Lansana Conte of Sonfonia-Conakry (Université Général Lansana Conté de Sonfonia-Conakry, UGLC SC), noted that in statistical studies on the prevalence of FGM in Guinea, many women who have not been excised still report that they have been (Barry 21 Dec. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.1 Prevalence of FGM in Conakry and among the Peul

According to the 2016 Multiple Indicators Cluster Survey, in 2016, 96.1 percent of Guinean women aged 15 to 49 and living in Conakry were excised (Guinea July 2017, 272). According to the same source, 57.5 percent of excised women in Conakry aged 15 to 49 had flesh removed, 20.5 percent were cut, 8.1 percent were sewn and 13.9 percent underwent an undetermined form of FGM (Guinea July 2017, 272). According to the same source, in 2016 39.6 percent of girls in Conakry aged 0 to 14 were excised, of which 51.9 percent had flesh removed, 25.5 percent were cut, 6.4 percent were sewn, and 16.2 percent underwent an undetermined form of FGM (Guinea July 2017, 274).

During a telephone interview with the Research Directorate, Dr. Barry stated that the two communities that practise excision the most are the Peul and the Malinke (Barry 21 Dec. 2017). The same source indicated that the prevalence of excision among Peul women is around 96 or 97 percent (Barry 21 Dec. 2017). Dr. Barry stated that the Peul and Malinke make up about 80 percent of the population of Guinea (Barry 21 Dec. 2017).

According to the Demographic and Health and Multiple Indicators Cluster Survey (Enquête démographique et de santé et à indicateurs multiples, EDSMICS 2012), conducted in 2012 by the National Statistics Institute of Guinea (Institut national de la statistique de Guinée) and the Monitoring and Evaluation to Assess and Use Results of the Demographic Health Survey (MEASURE DHS), 99.5 percent of Peul women aged 15 to 49 were excised in 2012 (Guinea and MEASURE DHS Nov. 2013, 329). According to the same source, [translation] “the most radical form [of FGM] (closed vagina) is practised mainly by the Peul (13 percent), by the Tomas (12 percent) and in the region of Labé and Conakry (15 percent in each case)” and there is no “significant variation by age” (Guinea and MEASURE DHS Nov. 2013, 329). According to a 2017 study on the prevalence of FGM and FGM risk awareness campaigns in Guinea, conducted by Dr. Barry, the practice of infibulation [translation] “is tending” to resurface among the Peul and Malinke (Barry 31 Oct. 2017).

2. Perpetrators of FGM

During the telephone interview, Dr. Barry stated that excision is now performed mainly in community health centres (Barry 21 Dec. 2017). Dr. Barry’s study of the prevalence of FGM in Guinea shows that, according to locals interviewed for the study, traditional excision practitioners are being replaced in Guinea by family members of the girl being excised and, [translation] “especially,” by health care providers (Barry 31 Oct. 2017) [1]. According to the same source, [translation] “the phenomena of health care providers replacing traditional excision practitioners encourages rather than discourages the practice by reducing health risks” (Barry 31 Oct. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In 2012, according to the EDS-MICS 2012 survey, 81.1 percent of excised women between the ages of 15 and 49, and 68.4 percent of girls circumcised between the ages of 0 and 14 had been excised by traditional birth attendants or excision practitioners (Guinea and MEASURE DHS Nov. 2013, 335). The same source reports that, in 2012, 15.4 percent of excised women between the ages of 15 and 49, and 30.6 percent of excised girls between the ages of 0 and 14, had been subjected to a procedure performed by health professionals, including doctors, nurses and midwives (Guinea and MEASURE DHS Nov. 2013, 335).

3. Legislative Framework

Articles 405 to 410 of the Guinean Children’s Code of 19 August 2008 provide as follows:

[translation]

Article 405: Female genital mutilation refers to the partial or total removal of the external genitalia of girls or women and/or any other procedure involving these organs.

Article 406: All forms of female genital mutilation practised by any person in any capacity are prohibited in the Republic of Guinea.

Article 407: Any person who by traditional or modern methods has practised, promoted or participated in female genital mutilation is guilty of committing willful violence against the person excised.

Any act of this nature is punishable by a term of imprisonment of three months to two years and a fine of 300,000 [approximately C$43] to 1,000,000 [approximately C$142] Guinean francs, or by only one of these penalties.

The ascendants or other persons with authority over or custody of the Child who have authorized female genital mutilation shall receive the same penalties as the perpetrators.

Article 408: If female genital mutilation has led to a disability, the perpetrator(s) shall be punished by a term of imprisonment of 5 to 10 years and a fine of 1,000,000 to 3,000,000 [approximately C$427] Guinean francs.

Article 409: If the Child dies, the perpetrator(s) shall be punished by a term of criminal imprisonment of 5 to 20 years.

Article 410: Heads of health facilities, both public and private, are responsible for providing victims of female genital mutilation in their centres or institutions with the most appropriate treatment.

The competent public authorities shall be informed without delay so that they can monitor the progress of the victim’s condition and initiate the proceedings set out in the above provisions. (Guinea 2008)

Articles 258 to 261 of Guinea’s 2016 New criminal code state the following:

[translation]

Section II: Female Genital Mutilation

Article 258: Female genital mutilation refers to the partial or total removal of the external genitalia of girls or women and/or any other procedure involving these organs.

All forms of female genital mutilation practised by any person in any capacity are prohibited in the Republic of Guinea, including:

  1. the partial or total removal of the glans of the clitoris;
  2. the removal of the labia minora or the labia majora;
  3. infibulation, which consists of sewing together the labia minora or the labia majora to leave only the meatus.

Article 259: Any person who by traditional or modern methods has practised, promoted or participated in female genital mutilation is guilty of committing willful violence against the person excised.

Any act of this nature shall be punished by a term of imprisonment of 16 days to 2 years and a fine of 500,000 [approximately C$71] to 2,000,000 [approximately C$285] Guinean francs, or by only one of these penalties.

In cases of premeditation or ambush, punishment shall be a term of imprisonment of two to five years and a fine of 1,000,000 to 3,000,000 Guinean francs.

The ascendants or other persons with authority over or custody of the Child who have authorized or allowed genital mutilation shall receive the same penalties as the perpetrators.

The maximum penalty shall be applied when female genital mutilation is practised in a public or private health facility and enabled by a person belonging to the paramedical or medical corps, including doctors, nurses, midwives and health technicians.

Article 260: If female genital mutilation has led to a disability, the perpetrator(s) shall be punished by a term of imprisonment of 5 to 10 years and a fine of 1,000,000 to 3,000,000 Guinean francs.

Article 261: If the victim dies, the perpetrator(s) shall be punished by a term of imprisonment of 5 to 20 years. (Guinea 2016)

In its written reply to the United Nations Committee on the Rights of the Child in December 2012, the Government of Guinea reports that Joint Order No. 2464 of 2010 prohibits the practice of FGM in Guinean public and private health facilities (Guinea 7 Dec. 2012, 15).

3.1 Enforcement

Country Reports for Human Rights Practices for 2016 from the US Department of State reports that, in two trials related to FGM in 2016, judges handed down only light sentences to convicted perpetrators (US 3 Mar. 2017, 19). According to the 2017 study conducted by Dr. Barry on the prevalence of FGM, there have been 16 arraignments in relation to the practice of FGM since 2014, and the courts rendered verdicts that [translation] “were mostly suspended sentences and ... insignificant fines” (Barry 31 Oct. 2017). In the December 2017 telephone interview, Dr. Barry stated that, while there have been some [translation] “symbolic” trials related to the practice of FGM in Guinea, they are not significant (Barry 21 Dec. 2017).

The US Country Reports 2016 states that, in 2016, there were two cases of death at excision camps in the Forest Region of Guinea; in one case, the perpetrator was still awaiting trial, and in the second, local authorities reportedly misplaced or destroyed evidence, and denied the crime ever happened, despite reports to the contrary (US 3 Mar. 2017, 19). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the same source, the Guinean government increased its efforts to combat FGM in 2016 with the support of religious leaders (US 3 Mar. 2017, 20). Together with UNICEF, the United Nations Population Fund, NGOs, members of civil society networks, the media and several ministries, the police worked to implement the law prohibiting FGM (US 3 Mar. 2017, 20). The same source states that the government has made several declarations against the practice of FGM (US 3 Mar. 2017, 20). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Social perceptions of FGM

An opinion piece on the prevalence of FGM in Conakry and throughout Guinea, written by a journalist and published in September 2016 in the magazine Jeune Afrique, states the following:

[translation]

[In Guinea,] excision is rampant despite all the awareness ... campaigns—posters, radio and television announcements, intracommunity dialogues, etc.—which, it must be said, have largely failed to meet their goal. The light bulb has yet to come on and mentalities remain entrenched, refusing to accept any rational explanations of how harmful FGM is.

Furthermore, it is common to meet educated young people claiming the benefits of excision and condemning all young women who do not submit to it, accusing them of being “impure.” Guinean society is generally in favour of continuing FGM, and the more it is denounced in national awareness campaigns, as repetitive as they are inefficient, the more Guineans seems to adhere to it, blaming any rejection of the practice on interference from the imperialist West in their ancestral customs (Jeune Afrique 22 Sept. 2016).

According to the 2016 Multiple Indicators Cluster Survey, 67.2 percent of women aged 15 to 49 think that the practice of FGM should continue in Guinea (Guinea July 2017, 275). The same source reports that this percentage increased to 61 percent among women aged 15 to 19 (Guinea July 2017, 275). In Conakry, 56.1 percent of women aged 15 to 49 wanted the practice of FGM to continue, compared to 23.9 percent who think it should be abandoned (Guinea July 2017, 275).

According to the EDS-MICS 2012, 68 percent of women and 56.6 percent of men aged 15 to 49 think that FGM is a religious requirement (Guinea and MEASURE DHS Nov. 2013, 336). The same source reports that 71.1 percent of Muslim women and 64.2 percent of Muslim men believe that FGM is a religious requirement (Guinea and MEASURE DHS Nov. 2013, 336). An April 2016 report on the practice of FGM by the United Nations Office of the High Commissioner for Human Rights (OHCHR) reports that, in Guinea, [translation] “the fact that Type I excision is a Sunnah, a ‘Prophet tradition’,” is often used to justify the religious nature of the practice, and some religious leaders help to spread this belief (UN Apr. 2016, 19) [2]. The same source reports that, in 2014, the Guinean General Secretariat for Religious Affairs stated that FGM is not a religious obligation, and it organized workshops and wrote Friday sermons [translation] “for all imams in the country, affirming that the practice of [FGM] is not rooted in religion” (UN Apr. 2016, 20).

According to the EDS-MICS 2012, 41.8 percent of Christian women and 15.1 percent of Christian men believe that FGM is a religious requirement (Guinea and MEASURE DHS Nov. 2013, 336). The same source reports that 9,142 women aged 15 to 49 and 3,782 men aged 15 to 59 were successfully interviewed for the survey (Guinea and MEASURE DHS Nov. 2013, 9). The 2016 UN report states that the Catholic Church, through the Archbishop of Conakry, sent an open letter in 2012 prohibiting FGM (UN Apr. 2016, 20). According to the EDS-MICS 2012, 60.1 percent of women and 7.2 percent of men who are neither Christian nor Muslim stated that they believe that FGM is a religious requirement (Guinea and MEASURE DHS Nov. 2013, 336). The same source reports that, among the Peul, 79.4 percent of women believe that FGM is a religious requirement, whereas 68.4 percent of men do (Guinea and MEASURE DHS Nov. 2013, 336). According to the same source, 69.8 percent of women and 63.8 percent of men in Conakry believe that FGM is a religious requirement (Guinea and MEASURE DHS Nov. 2013, 336).

5. Consequences of refusing FGM

Dr. Barry stated that although there is social pressure and stigma, women who refuse excision are not at risk of violence, kidnapping or forced excision (21 Dec. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The report of the OHCR states that, according to young Guineans interviewed about FGM, the consequences of not being excised include social stigmatization, denial of the right to speak, prohibition from taking part in customary ceremonies, [translation] “disrespect, mockery, insults and hurtful remarks,” and the alienation of women’s groups or associations (UN Apr. 2016, 19). According to the same source, [translation] “in every Guinean community, to say that a woman is not excised is dishonourable and a grave insult” (UN Apr. 2016, 19).

Without providing further details, the US Country Reports 2016 indicates that social pressure to adhere to FGM customs was intense, and many families believed the stigma and social consequences of not conforming were more harmful than the procedure itself (US 3 Mar. 2017, 20). Similarly, the 2016 UN report explains that parents who are aware of the adverse effects of FGM continue the practice due to social pressure (UN Apr. 2016, 18). Based on information obtained in 2005, the same source states that [translation] “the non-excision of girls is considered dishonourable for many families—this dishonour is perceived as more harmful than the health risks” (UN Apr. 2016, 18). The same source reports that, because of social pressure, Guinean girls themselves say that they want to be excised (UN Apr. 2016, 18). Similarly, to show the prevalence of FGM in Guinea, Dr. Barry mentioned the case of two non-excised girls who, after being ridiculed at school, asked their mothers to have them excised (Barry 21 Dec. 2017).

According to Dr. Barry, a family deciding not to excise one of its daughters will not tell anyone for fear of being socially stigmatized (Barry 21 Dec. 2017). The same source reported that in most communities, girls are excised between the ages of 9 and 15, and it is therefore impossible for a girl to refuse (Barry 21 Dec. 2017).

According to the study conducted by Dr. Barry, local NGOs identify and educate non-excised girls in Upper Guinea and Guinea’s Forest Region (Barry 31 Oct. 2017). According to the same source, the highest proportion of respondents believes that girls identified as non-excised are mocked and rejected by the people around them and those who are aware of their situation, leading to their [translation] “eventual excision” (Barry 31 Oct. 2017). With respect to girls identified as non-excised, the same source states the following:

[translation]

For all respondents, identifying non-excised girls and protecting them could be an appropriate and effective strategy if the families themselves replaced NGO facilitators. But this scenario would require another set of dynamics that is still a long way off. (Barry 31 Oct. 2017)

In the telephone interview, Dr. Barry stated that it is becoming more common for families who refuse to excise their daughters to pretend to do so (Barry 21 Dec. 2017). According to the same source, the families then take the girls to the community health centre where they are [translation] “slightly injured” as a pretence for excision (Barry 21 Dec. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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.

Notes

[1] Dr. Barry’s survey on the prevalence of FGM indicates that of the 2,497 people targeted for the study, 1,980 were interviewed and that, during the survey, 39 [translation] “so-called ‘traditional’” excision practitioners were met (Barry 31 Oct. 2017).

[2] The 2016 UN report states that there are four types of FGM as defined by the WHO:

  • Type 1 – Clitoridectomy: partial or total removal of the clitoris (a small, sensitive and erectile part of the female genitals), and, less frequently, only the prepuce (the fold of skin surrounding the clitoris).
  • Type 2 – Excision: partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora (that surround the vagina).
  • Type 3 – Infibulation: the narrowing of the vaginal opening through the creation of a covering seal. The seal is formed by cutting and repositioning the labia minora, and sometimes the labia majora, with or without removal of the clitoris.
  • Type 4 – Unclassified: this includes all other harmful procedures to the female genitalia for non-medical purposes, for example, pricking, piercing, incising, scraping and cauterizing the genital area (UN April 2016, 9).

References

Barry, Alpha Amadou Bano. 21 December 2017. Telephone interview with the Research Directorate.

Barry, Alpha Amadou Bano. 31 October 2017. “Guinée : l'impact des stratégies de promotion de l'abandon des mutilations génitales féminines.” AfriqueSociologie.com. [Accessed 21 Dec. 2017]

Guinea. July 2017. Ministère du plan et de la coopération internationale, Institut national de la statistique. Enquête par grappes à indicateurs multiples 2016. [Accessed 18 Dec. 2017]

Guinea. 2016. Nouveau code pénal. [Accessed 18 Dec. 2017]

Guinea. 7 December 2012. Réponses écrites du gouvernement de la Guinée (CRC/C/GIN/Q/2/Add.1). Liste de questions à prendre en liaison avec la considération du deuxième rapport périodique de la Guinée, adopté par le groupe de travail pré-session. Application de la Convention relative aux droits de l'enfant. [Accessed 27 Dec. 2017]

Guinea. 2008. Code de l'enfant guinéen. Loi L/2008/011/AN du 19 août 2008. [Accessed 18 Dec. 2017]

Guinea, Monitoring and Evaluation to Assess and Use Results of the Demographic Health Survey (MEASURE DHS). November 2013. Ministère du plan, Institut national de la statistique. Enquête démographique et de santé et à indicateurs multiples. (EDS-MICS 2012). [Accessed 18 Dec. 2017]

Jeune Afrique. 22 September 2016. Dieretou Diallo. “Guinée : l'excision en plein jour à Conakry, en toute impunité.” [Accessed 21 Dec. 2017]

United Nations (UN). April 2016. Office of the High Commissioner for Human Rights (OHCHR). Rapport sur les droits humains et la pratique des mutilations génitales féminines/excision en Guinée. [Accessed 21 Dec. 2017]

United States (US). 3 March 2017. Department of State. “Guinea.” Country Reports on Human Rights Practice for 2016. [Accessed 18 Dec. 2017]

Additional Sources Consulted

Oral sources: Coalition nationale de Guinée pour les droits et la citoyenneté des femmes; Equality Now; Inter-African Committee on Traditional Practices Affecting the Health of Women and Children; ONG Femmes, pouvoir & développement.

Internet sites, including: Amnesty International; ecoi.net; Factiva; France – Office français de protection des réfugiés et apatrides; Freedom House; Human Rights Watch; Minority Rights Group International; UN – Refworld, United Nations Population Fund; US – Department of State.

Associated documents