[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Notices]
[Pages 13433-13434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7162]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1880-97]
Notice of Implementation of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 Pertaining to Female Genital
Mutilation (FGM)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice announces how the Immigration and Naturalization
Service (Service) intends to implement the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (IIRIRA), as it pertains to
the practice of female genital mutilation (FGM) which is carried out by
members of certain cultural and religious groups within the United
States. This is necessary to ensure that visa recipients, prior to or
at the time of entry into the United States, are notified of the severe
harm to the physical and psychological health of women and girls,
caused by FGM, and of the potential legal consequences for performing
FGM on a child or adult, or
[[Page 13434]]
by allowing FGM to be performed on a child, in the United States.
FOR FURTHER INFORMATION CONTACT: Jacquelyn Bednarz, Office of Programs,
(202) 514-2764; Susan Houser, Office of the General Counsel, (202) 616-
0781; or Lorraine Eide, Office of Asylum, (202) 305-2663; Immigration
and Naturalization Service, 425 I Street, NW; Room 6100, Washington, DC
20536.
SUPPLEMENTARY INFORMATION:
What Are the Requirements of Section 644 of IIRIRA?
Section 644 Of IIRIRA requires the Service, in cooperation with the
Department of State, to make available for all aliens who are issued
immigrant or nonimmigrant visas, prior to or at the time of entry into
the United States, the following:
1. Information on the severe harm to physical and psychological
health caused by FGM, compiled and presented in a manner which is
limited to the practice itself, and respectful to the cultural values
of the societies in which such practice takes place, and
2. Information concerning potential legal consequences in the
United States for performing FGM, or allowing a child under one's care
to be subject to FGM.
Section 644 also provides that, in consultation with the Department
of State, the Service shall identify those countries in which FGM is
commonly practiced and, to the extent practicable, limit the provision
of information to aliens from those countries.
How Will the Service Comply With Section 644 of IIRIRA?
The Service, after consultation with the Department of State, shall
comply with section 644 of IIRIRA by:
1. Posting a notice containing the required information in all
United States Embassies and consulates concerning FGM, and
2. Providing a copy of the notice to each alien granted an
immigrant or nonimmigrant visa in any of the those countries which have
been identified by the Department of State as countries where FGM is
prevalent, either countrywide or in particular ethnic subgroups. The
United States Embassy or consulate in those countries will provide a
copy of the notice to aliens at the time a visa is issued.
Which Countries Have Been Identified by the Department of State
Where FGM is Prevalent?
The following 28 countries have been identified by the Department
of State as countries where FGM is prevalent, either countrywide, or in
particular ethnic subgroups:
Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Cote
d'Ivoire, Djibouti, Egypt, Ethiopia, Eritria, Gambia, Ghana, Guinea,
Guinea-Bissau, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria,
Senegal, Sierra Leone, Somalia, Sudan, Tanzania, Togo, Uganda, Zaire
(Congo).
In What Language Will the Notice Be Provided?
The notice will be provided in English and in the official, or
predominant, written language of the country where the United States
Embassy or consulate is located.
What Information Will Be Contained in the Notice?
The following is the text of the proposed notice, which was drafted
by the Service in consultation with the Department of Justice's
Criminal Division, the Department of State, and the Department of
Health and Human Services:
What is Female Genital Mutilation (FGM)?
Female genital mutilation (FGM) is the removal or infibulation (or
both) of the whole or part of the 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 religions.
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 help educate people about the serious detrimental effects
that FGM has on women and girls.
Dated: March 4, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-7162 Filed 3-18-98; 8:45 am]
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