Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 36: To ask the Minister for Justice, Equality and Law Reform his views on the British Home Office report published in October 2005 which describes female genital mutilation as a cultural tradition in view of the universal recognition that violence against women is a human rights issue and that female genital mutilation is a form of violence against women. [9762/06]

Arthur Morgan (Louth, Sinn Fein)
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Question 58: To ask the Minister for Justice, Equality and Law Reform his views on the opinion of BAOBAB, cited by himself, that female genital mutilation is not a genuine reason for applying for asylum abroad in view of the universal recognition that violence against women is a human rights issue and that female genital mutilation is a form of violence against women. [9763/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 36 and 58 together.

I presume the Deputies are referring to the contents of my reply to Question No. 12 of 2 February 2006. In that reply, I dealt with the issue of female genital mutilation in Nigeria and the entitlement or otherwise to refugee status on this basis in the State. As I also indicated, it is not for me to determine who is and who is not a refugee. That is a matter for the Office of the Refugee Applications Commissioner and Refugee Appeals Tribunal within the framework of the Refugee Act, 1996.

I do not propose to comment in any more detail on either of the issues raised by the Deputies. However, I would reiterate that the UK Home Office report of October 2005 on Nigeria points out, utilising other source material, that, inter alia, female genital mutilation is a cultural tradition practised in Nigeria and that its incidence has declined steadily in the past 15 years. The report also refers to the fact that the Nigerian Government publicly opposes this practice and while there is no federal law banning the practice, such prohibitions do exist at state level.

The Home Office report also quotes a report of a British Home Office-Danish Immigration Service fact finding mission to Nigeria, published in January 2005, as indicating, inter alia, that there are groups in Nigeria who are against the practice of FGM and should a girl desire to avoid FGM in spite of pressure from her family to do otherwise she has the opportunity to complain to the Nigerian Police Force or the Nigerian Human Rights Commission and, in addition, she may seek protection from women lawyers or NGO's. According to BAOBAB, a Nigerian women's NGO, the Government and prominent NGOs in Nigeria provide protection to women escaping FGM. It confirms that most women throughout Nigeria have the option to relocate to another location if they do not wish to undergo FGM and Government institutions and NGO's afford protection. BAOBAB is also quoted as being of the opinion that FGM in itself is not a genuine reason for applying for asylum abroad. The Nigerian Human Rights Commission has indicated it would be surprised if someone actually had to leave Nigeria in order to avoid FGM instead of taking up residence elsewhere in Nigeria. According to BAOBAB internal relocation is a real option within Nigeria to avoid FGM and women actually take up this option.