Citation

Reprod Freedom News 1996; 5(11): 8.

Copyright

(Copyright © 1996, Center for Reproductive Law and Policy)

DOI

unavailable

PMID

12291526

Abstract

Fauziya Kasinga fled to the US from Togo in 1994 at the age of 17 years after an aunt forced her to marry a 45-year-old man with three wives. From the time of her arrival to the US in December 1994 to April 24, 1996, Kasinga was detained at two correctional facilities awaiting a decision by the US Board of Immigration Appeals (BIA) on her request for political asylum. That asylum was granted in a 11-1 decision issued on June 13 on the grounds of Kasinga's fear of being forced to undergo female genital mutilation (FGM) if sent back to Togo. This is the first time that the BIA has ruled that FGM can be grounds for asylum. 50% of women in Togo are estimated to have undergone FGM. The BIA decided that the young woman met the criteria for receiving refuge because she is a member of a particular social group, the unmutilated women of the Tchamba-Kunsuntu tribe who face but oppose FGM, which has a well-founded fear of persecution which is country wide. Moreover, Kasinga's husband has influence with the police in Togo, a rather small country. This decision not only sets precedent with regard to FGM, but also is the first gender-based asylum claim to be considered since the Immigration and Naturalization Service revised its guidelines in May 1995 to cover such persecution.

Language: en