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Togo: Female genital mutilation (FGM); practices, beliefs and protection offered (June 2006)

Practices

Corroborating sources indicate that female genital mutilation (FGM) is still practised in some Togolese communities (UN 20 June 2006; OMCT 18 Apr. 2006, 37; Freedom House 2005; ALAFIA 19 June 2006). The most commonly practised form of FGM in Togo is excision (Country Reports 2005 8 Mar. 2006, Sec. 5), which is performed on approximately 12 per[MC1]cent of girls (ibid.; UN 20 June 2006) during their first year of life (Country Reports 2005 8 Mar. 2006, Sec. 5; ALAFIA 19 June 2006). Correspondence from a representative of the Inter-African Committee on Traditional Practices Affecting Women's and Children's Health (IAC) indicated that FGM is practised on young girls without their informed consent (IAC 19 June 2006).

According to the World Organization Against Torture (Organisation mondiale contre la torture, OMCT), FGM is especially practised in rural areas where [translation] "the activity is a source of income for practitioners" (18 Apr. 2006, 37). Correspondence from a representative of ALAFIA, a non-governmental organization (NGO) working to protect the health of Togolese women, noted that FGM is common in [translation] "the central and savanna regions, where more than 80 percent of the population is Muslim" (19 June 2006). Freedom House reports that FGM is practised mainly in northern Togo, despite the fact that it is prohibited by law (2005) (see the section "Protection offered and its effectiveness" below). However, correspondence from a representative of the United Nations Children's Fund (UNICEF) stated that [translation] "the Central Region ... accounts for the highest percentage of excised women (33.4 percent), followed by the Savanna Region (23.1 percent), the Kara Region (14.1 percent), the Plateau Region (10.6 percent) and the Maritime Region (1.4 percent)" (UN 20 June 2006).

The ALAFIA representative indicated that the Togolese ethnic groups most affected by this practice are the Tem, the Cotocoli, the Bassar, the Bem, the Tchamba and the Moba (19 June 2006); however, the UNICEF representative, citing a study on the prevalence and socio-economic factors of excision in Togo published in the magazine Études togolaises de population (No.18), noted that FGM is customary among the Cotocoli, the Tchamba, the Fulani, the Mossi and the Yanga, but that it is practised [translation] "to a much lesser extent" by the Moba, the Gourma, the Ana-Ife and the Kabye (UN 20 June 2006).

Attitudes and beliefs

Correspondence from the UNICEF representative indicated that, although FGM is prohibited by law, [translation] "traditional beliefs and practices always render it acceptable in environments where it is practised ... the law alone cannot resolve an age-old problem" (20 June 2006). The OMCT notes in its alternative report to the United Nations Committee Against Torture that FGM is perpetuated in Togo by the [translation] "conservatism of certain mindsets" (18 Apr. 2006). The NGO Women in Law and Development in Africa/Femmes, droit et développement en Afrique (WiLDAF/FeDDAF) indicates in its July 2002 report, prepared with funding from the European Commission , that in Togo

[translation]

it is commonly believed ... that women are the incarnation of "evil, temptation and the Devil." All kinds of attitudes have been devised to combat women as a source of temptation or evil. Female genital mutilation is proof of that. Genital mutilations were probably devised to prevent women from being unfaithful by curbing their sexual desire. In doing so, it is possible to better control their sexuality and become more dominant over them.

According to the IAC representative, women submit to FGM because they are under enormous social pressure and fear being condemned publicly (19 June 2006). The IAC representative stated that many factors push young girls to submit to "this painful practice" (19 June 2006), for example:

Some men don't accept to marry uncircumcised girls because [they] will not be faithful.

[S]ome people believe that if a woman is not circumcised, when she is about to give birth, if her clitoris should touch the head of the baby, the baby will die.

Uncircumcised [girls are not allowed] to attend important ritual and burial ceremonies in their communities. (19 June 2006)

The above information could not be corroborated by the Research Directorate within the time constraints for this Response.

Correspondence from the ALAFIA representative indicated that in addition to tradition, poverty is another factor that prompts parents to allow their daughters to undergo FGM, if required by wealthy suitors (19 June 2006). The IAC representative noted that a girl can undergo excision without her parents' knowledge because, "in African society, a child belongs to the entire family and not only to the biological parents" (19 June 2006). The UNICEF representative stated that although, in principle, a mother and father can prevent their minor daughter from undergoing FGM, in practice, [translation] "since the community takes precedence over the individual, it can consider these girls as 'outside the law' and want to ensure that the tradition is maintained" (UN 20 June 2006).

The UNICEF representative also stated that, in theory, a couple's will must be respected when both partners agree that the woman does not have to undergo FGM, but again, [translation] "if the community's influence weighs more heavily when making the decision and the married couple does not report the matter to the authorities, the majority will impose its point of view" (ibid.).

Parents who live in urban areas can protect their daughters from excision, but those girls run a high risk of being forced to undergo FGM while visiting relatives in the countryside (IAC 19 June 2006). According to the IAC representative, in certain communities, aunts or grandmothers often send young girls to FGM practitioners or they abduct them and take them to the practitioners without informing the parents (19 June 2006). The UNICEF representative stated that [translation] "in the past, young girls whose parents opposed FGM could be abducted"; however, he added that, according to information from his organization, [translation] "those types of cases no longer exist" (UN 20 June 2006). No additional information on cases related to the practice of FGM or the abduction of young girls or women could be found among the sources consulted by the Research Directorate.

During the 703rd and 704th meetings of the Committee on Elimination of Discrimination Against Women, one member indicated that many traditions, such as forced early marriage and genital mutilation, were not in line with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (UN 18 Jan. 2006). A representative of the Togolese delegation stated that "changing people's mindsets took time"; however, she added that "certain tribal chiefs had clearly said that they wanted to support the gender concept" (ibid.).

Protection offered and its effectiveness

On 26 October 2005, Togo ratified the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (AI 28 Oct. 2005). The Protocol recognizes and guarantees a wide range of women's civil and political rights, as well as economic, social and cultural rights (ibid.).

On 17 November 1998, Togo passed Law No. 98-016, which prohibits all forms of FGM (Togo 17 Nov. 1998). Articles 4, 5 and 6 of the law address the applicable punishments:

[translation]

Article 4: Every person found guilty of intentional violence as defined in Article 3 shall be liable to a term of imprisonment of not less than two months and not more than five years, a fine of not less than 100,000 francs and not more than 1,000,000 francs, or both.

Every person convicted of a second offence shall be liable to twice the term of imprisonment and/or fine that he or she received for the first offence.

Article 5: If a genital mutilation results in the death of a woman, those found guilty shall be liable to a term of imprisonment of not less than five years and not more than ten years.

Article 6: If a person has knowledge of a planned, attempted or completed excision for which it is reasonable to believe that one or more of those guilty, if not exposed, will continue to practise female genital mutilation, and that person fails to report the case of genital mutilation, he or she shall be liable to a term of imprisonment of not less than one month and not more than one year, or a fine of not less than 20,000 francs and not more than 500,000 francs.

The provisions above shall not apply to the parents, relatives or previous four generations of family members of the perpetrators or accomplices of such incriminating acts. (ibid.)

According to Country Reports 2005, Law No. 98-016 "was rarely applied because most FGM cases occurred in rural areas where neither the victims nor the police understood the law" (8 Mar. 2006, Sec. 5; see also Freedom House 2005). Moreover, the victims are often related to the perpetrators they must denounce; therefore, very few cases are brought before the courts (IAC 19 June 2006; see also OMCT 18 Apr. 2006, 37). The UNICEF representative stated that

[translation]

people are not accustomed to filing complaints, and deep-rooted tradition makes it difficult for victims to report members of their family and community to the authorities. Article 6, paragraph 2 of Law No. 98-016 against FGM in Togo provides impunity for the previous four generations of family members. (United Nations 20 June 2006)

A representative of the Togolese delegation at the 703rd and 704th meetings of the CEDAW Committee indicated that many women in Togo are still not aware of their rights (UN 18 Jan. 2006). According to the ALAFIA representative, victims hesitate to file complaints because the Togolese authorities sometimes treat FGM cases with indifference (19 June 2006). The UNICEF representative stated that [translation] "the cause of women, in principle, should be heard and complaints should be addressed by the authorities if they are filed regularly with them" (UN 20 June 2006). However, he added that his organization did not have sufficient information to make any further comment on the matter (ibid.). No additional information on the application of Law No. 98-016 or on the attitude of the Togolese authorities toward FGM victims could be found among the sources consulted by the Research Directorate.

At the 703rd and 704th meetings of the CEDAW Committee, a representative of the Togolese delegation noted that Togo's government and civil society were working together to inform women of their rights through a series of media campaigns and other awareness-raising measures (UN 18 Jan. 2006; see also Country Reports 2005 8 Mar. 2006, Sec. 5). She added that national workshops were also being organized to promote women's rights and that, at the regional level, the United Nations Population Fund (UNFPA) had set up a program "to make women aware of their rights" (UN 18 Jan. 2006). However, in its concluding comments, the Committee notes that Togo is not doing enough to address

[CEDAW English version]

entrenched adverse cultural norms, customs and traditions, including forced and early marriage, the practice of female genital mutilation, ... as well as the prevalence of stereotypes concerning women's tasks and roles that discriminate against women and constitute serious obstacles to women's enjoyment of their human rights. (3 Feb. 2006, 3)

Various non-governmental organizations, such as ALAFIA, WiLDAF-Togo and the Women's Democracy and Development Think Tank and Action Group (Groupe de réflexion et d'action Femme Démocratie et Développement, GF2D), have launched initiatives in the field to protect the rights of Togolese women (Rapport des ONG n.d.; see also Country Reports 2005 8 Mar. 2006, Sec. 5).

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

ALAFIA. 19 June 2006. Correspondence from a representative.

Amnesty International (AI). 28 October 2005. "Africa – Entry in to Force of Protocol on the Rights of Women in Africa: Positive Step Towards Ending Discrimination." (AFR01/004/2005). <http://web.amnesty.org/library/index/engAFR010042005> [Accessed 12 June 2006]

Country Reports on Human Rights Practices for 2005. 8 March 2006. "Togo." United States Department of State. <http://www.state.gov/g/drl/rls/hrrpt/2005/61597.htm> [Accessed 12 June 2006]

Women in Law and Development in Africa/Femmes, droit et développement en Afrique (WiLDAF/FeDDAF). July 2002. "Pour une société sans violence à l'égard des femmes au Togo." <http://www.wildaf-ao.org/fr/IMG/pdf/Societe_sans_violence_Togo.pdf> [Accessed 13 June 2006]

Freedom House. 2005. "Togo." Freedom in the World. <http://www.freedomhouse.org/inc/content/pubs/fiw/inc_country_detail.cfm?country=6847&pf> [Accessed 12 June 2006]

Inter-African Committee on Traditional Practices Affecting Women's and Children's Health (IAC). 19 June 2006. Correspondence from a representative.

Rapport des ONG du Togo sur l'évaluation de la mise en œuvre de la plate forme d'action de Beijing. N.d. (Women in Law and Development in Africa/Femmes, droit et développement en Afrique Web site) <http://www.wildaf-ao.org/eng/IMG/doc/TOGO_FR-2.doc> [Accessed 13 June 2006]

Togo. 17 November 1998. Loi No 98 – 016 portant interdiction des mutilations génitales féminines au Togo. (Annual Review of Population Law Web site) <http://annualreview.law.harvard.edu/population/fgm/togo.fgm.htm> [Accessed 12 June 2006]

United Nations (UN). 20 June 2006. UN Children's Fund (UNICEF). Correspondence from a representative.
_____. 3 February 2006. Committee on the Elimination of Discrimination Against Women. "Concluding Comments of the Committee on the Elimination of Discrimination Against Women: Togo." (CEDAW/C/TGO/CO/5) <http://daccessdds.un.org/doc/UNDOC/GEN/N06/237/92/PDF/N0623792.pdf?OpenElement> [Accessed 12 June 2006]
_____. 18 January 2006. General Assembly. Committee on Elimination of Discrimination against Women. 703rd & 704th Meetings. "Women's Anti-Discriminatory Committee Takes Up Report of Togo; Experts Say Traditional Practices, Sexual Stereotypes Remain Challenges." (WON/1529) <http://www.un.org/News/Press/docs/2006/wom1529.doc.htm> [Accessed 12 June 2006]

Women in Law and Development in Africa/Femmes, droit et développement en Afrique (WiLDAF/FeDDAF). July 2002. "Pour une société sans violence à l'égard des femmes au Togo." <http://www.wildaf-ao.org/fr/IMG/pdf/Societe_sans_violence_Togo.pdf> [Accessed 13 June 2006]

Organisation mondiale contre la torture (OMCT). 18 April 2006. Violations des droits de l'homme au Togo. Alternative Report to the United Nations Committee Against Torture, 36th Session (Originally submitted during the 34th Session). <http://www.omct.org/pdf/procedures/2006/cat_36th/altern_reports/togo_cat_0406_violences_etatiques_fr.pdf> [Accessed 12 June 2006]

Additional Sources Consulted

Oral sources: The Association of African Women for Research and Development (AAWORD), the Groupe de réflexion et d'action Femme Démocratie et Développement (GF2D) and the Ligue togolaise des droits de l'Homme did not respond within the time constraints for this Response.

Internet sites, including: Africatime.com, Africultures, AllAfrica, Centre for Reproductive Rights, Equality Now, Human Rights Internet, Integrated Regional Information Networks (IRIN), International Committee of the Red Cross (ICRC), International Federation for Human Rights (FIDH), Organisation internationale de la Francophonie (OIF).