AfricaExpertWitness

FGM Expert Evidence in African Asylum Cases: Solicitor Guide

Prevalence by country

FGM prevalence varies dramatically by country and ethnic group. Guinea (approximately 95%), Somalia (98%), Mali (89%), Sierra Leone (83%), and Gambia (75%) have the highest documented rates. Nigeria shows significant state-by-state variation - Edo, Imo, and Ekiti states have high prevalence.

Expert witnesses must provide ethnic and regional analysis, not generic national statistics. A claimant from a low-prevalence ethnic group in a high-prevalence country requires different analysis from one in a high-prevalence community.

Risk assessment methodology

FGM claims can succeed on multiple grounds: risk of Type III infibulation or re-infibulation; daughters at risk; medical complications from prior FGM requiring unavailable treatment; and honour-based violence linked to refusal of FGM.

Experts assess whether FGM has already occurred, whether ongoing risk exists, and whether state protection is adequate - considering laws, enforcement, and community attitudes.

Expert report structure

A well-structured FGM expert report includes: executive summary; country and ethnic prevalence data; legal framework and state protection; analysis of the claimant's specific risk factors; internal relocation assessment; and conclusions with source citations.

Reports should address Fornah (FGM) [2006] UKHL 46 and subsequent tribunal decisions on particular social group and FGM-based persecution.

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