UNCLASSIFIED
TELEGRAM May 18, 2001
To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE
Origin: VO
From: SECSTATE WASHDC (STATE 88175 - ROUTINE)
TAGS: CVIS, PHUM
Captions: VISAS
Subject: NOTIFICATION OF VISA APPLICANTS CONCERNING ILLEGALITY
OF FEMALE GENITAL MUTILATION IN THE U.S.
Ref: None
_________________________________________________________________
1. This message has been cleared with INS/HQS.
2. Section 644 of the 1996 Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA) requires INS, with
cooperation from the Department of State, to notify visa
recipients of the severe harm to physical and psychological
health caused by Female Genital Mutilation (FGM), and the
potential consequences in the United States for performing
FGM or allowing it to be performed on a child. INS has
published implementation procedures in the federal
register, to include the distribution of a written notice
to immigrant visa recipients in countries where FGM is a
common practice.
3. Action Required: Para 4 for IV recipients, Para 6 for
NIV recipients. At all/all posts, immigrant and non-
immigrant visa recipients will primarily be notified by
means of a notice posted in the NIV and/or IV waiting room.
IV recipients
-------------
4. Section 644 allows INS and the Department to target
visa recipients from countries where FGM is a common
practice (see para 8). Immigrant visa application
processing for nationals of some of these countries,
however, is centralized at other posts, which are
themselves located in countries where FGM is a common
practice. Accordingly, the following posts should provide
a copy of the INS notice (para 7) to IV recipients (one
copy per family):
Cotonou, Ouagadougou, Yaounde, Bangui, Abidjan, Djibouti,
Addis Ababa, Asmara, Accra, Nairobi, Monrovia, Niamey,
Lagos, Dakar, Dar es Salaam, Lome, and Kinshasa
5. The Department posted an English version of this notice
and translations in French, PoRtuguese, Arabic, Amharic,
Swahili, and Somali on the CA intranet website at the
following URL:
HTTP://INTRANET.CA.STATE.GOV/VO/F/P/FGM/FGM.HTML. This page
can also be acCEssED FRoM THE CA intranet home page by
clicking on the Visa Office, and then clicking on "INS Fact
Sheet on Female Genital Mutilation" (Form G-1015). Posts
should find form G-1015, download and print out locally
copies of the notice in relevant languages. In addition,
CA/VO has e-mailed copies of this notice to the concerned
IV posts. Posts are authorized to use their MRV allotment
or fund site if needed to cover local reproduction costs.
NIV recipients
--------------
6. At all/all NIV-processing posts, the text in para 7
should be printed out and posted as a public notice in the
NIV unit, so that NIV applicants from countries where FGM
is practiced, but who are applying for NIV's outside of
their home country, will have notice that the practice of
FGM is illegal in the U.S. Posts are encouraged to
translate the notice into the local language(s) if the
languages already translated do not suffice.
Text of notice
--------------
7. Begin text of INS notice
What is Female Genital Mutilation (FGM)?
Female Genital Mutilation (FGM) is the removal or
infibulation (or both) of whole or part of the external
female genitals (clitoris, labia minora, and labia majora).
The procedure can include sewing the vagina almost
completely closed after the genitals are removed
(infibulation). The procedure is common in certain
cultures among various ethnic groups and across many
different regions.
What are the health problems associated with FGM?
The World Health Organization and other United Nations
organizations, as well as the United States government,
recognize that FGM has very serious effects on the health
of women and girls. Immediate complications of FGM include
severe pain, shock, hemorrhage, urine retention, ulceration
of the genital region, and injury to the adjacent tissue.
Hemorrhage and infection can cause death.
Long term consequences of FGM include cysts and abscesses,
keloid scar formation, damage to the urethra resulting in
urinary incontinence, painful intercourse, and sexual
dysfunction. The most extreme forms of FGM can cause
infertility, and may also cause an increase in the risk of
stillbirths and maternal deaths.
Psychological consequences of FGM in childhood can include
behavior disturbances and loss of trust and confidence in
caregivers. As adults, these women may suffer feelings of
incompleteness, anxiety, depression, chronic irritability,
and frigidity, and may experience marital conflicts.
What are the legal consequences of performing FGM in the
United States?
The United States is among those countries that have made
FGM illegal because of the dangerous health problems
associated with it. In the United States it is against the
law to perform FGM on a person under the age of 18, unless
the operation is medically necessary. There is no
exception for performing FGM because of a belief that it is
required as a matter of custom or ritual. A parent who
knowingly allows FGM to be performed on his or her child
could potentially be held criminally liable.
Will victims of FGM be eligible for a visa to come to the
United States?
The fact that a person has been subjected to FGM will have
no effect on the victim's eligibility for a visa to the
United States.
Why is the United States providing this FGM notice?
The United States government is committed to working with
local community organizations, both in the United States
and in other countries, to educate people about the serious
detrimental effects that FGM can have on a girl or woman.
End text.
List of countries
-----------------
8. Based on information gathered by the Department, FGM is
a prevalent practice, either countrywide or in particular
ethnic subgroups, in the following countries:
Benin, Burkina Faso, Cameroon, Central African Republic,
Chad, Cote d'Ivoire, Djibouti, Egypt, Ethiopia, Eritrea,
Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Mali,
Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia,
Sudan, Tanzania, Togo, Uganda, Democratic Republic of the
Congo.
Public and Host government reaction
-----------------------------------
9. The social and political sensitivities surrounding FGM
in many countries may prompt public or host government
reaction to the FGM notice. Posts should draw on the
following talking points as necessary when responding to
any complaints or comments:
-- U.S. law makes it illegal to perform or allow others to
perform Female Genital Mutilation (FGM) (in the United
States) on persons under the age of 18 for other than
medical reasons. The law also requires that persons
receiving immigrant or non-immigrant visas be advised of
this fact, and of the medical and psychological damage
caused by FGM.
--Providing this advice could prevent individuals from
doing something in the United States that could result in
their becoming subject to criminal prosecution. This is
particularly important because people who have grown up in
societies where FGM is deeply rooted may erroneously assume
that they can follow their customs in the United States.
-- We realize that in countries where the practice is
common, FGM is deeply rooted in social traditions and
culture. We nevertheless believe that FGM is a serious
violation of a woman's rights and should be eradicated
through education efforts and legislation making the
practice of FGM illegal.
-- The U.S. is committed to working with other governments
and local community organizations, both in the U.S. and
other countries, to educate people about the serious damage
FGM inflicts on women and girls. The practice of FGM is
now illegal in the U.S., and we believe strongly that
persons immigrating to the U.S. or visiting from countries
where FGM is prevalent should be aware of this fact.
End talking points.
10. Posts should notify Department when they have
implemented/begun distribution of the FGM notices. Posts
with questions concerning implementation of this
requirement should contact CA/VO/F/P (Michael Garrote or
Brendan Mullarkey) by cable, FAX (202/663-3897) or e-mail.
11. Minimize considered.
POWELL
|