Advance unedited version CRC/C/77/D/3/2016
is known about conditions in their country of origin. In that regard, the RAB conducts a
comprehensive collection of background material on the human rights situation in the country
of origin, such as whether there is a consistent pattern of gross and systematic violations. 8
The RAB sees to it that all facts of the case are brought out and decides on examination of
the asylum-seeker and witnesses and the provision of other evidence. The State party notes
that an asylum-seeker must provide such information as is required for deciding whether they
fall within section 7 of the Aliens Act. It is thus incumbent upon an asylum-seeker to
substantiate that the conditions for granting asylum are met. In cases where the asylum,seeker’s statements throughout the proceedings are characterised by inconsistencies or
omissions, the Board will attempt to clarify the reasons. However, inconsistent statements
about crucial elements of the grounds for granting asylum may weaken the asylum-seeker’s
credibility. In such cases, the Board will take into account the asylum-seeker’s explanation
for such inconsistencies and their particular situation, such as their age, cultural background,
literacy or condition as torture victims, among others.
4.5
The RAB is responsible not only for examining information on the specific facts of
the case but also for providing the necessary background information, including information
on the situation in the asylum-seeker’s country of origin or country of first-asylum. For this
purpose, the RAB has a comprehensive collection of general background material on the
situation in the countries from which Denmark receives asylum-seekers, including Somalia.9
This material is continuously updated.
4.6
The State party notes that, as established by the Committee’s General Comment No.
13, State parties have an obligation under article 19 of the Convention to prohibit, prevent
and respond to all forms of physical violence against children, including harmful practices
such as female genital mutilation. The Committee’s General Comment No. 18 also provides
that State parties should adopt legislative measures to effectively address and eliminate
harmful practices, and should ensure that legislation and policies relating to immigration and
asylum recognise the risk of being subjected to harmful practices or persecuted as a result of
such practices as grounds for granting asylum. Consideration should also be given, on a caseby-case basis, to extending protection to a relative accompanying the girl or woman. Also, in
line with the Committee’s General Comment No. 6, State parties shall not return a child to a
country where there are substantial grounds for believing that he or she would be subjected
to a real risk of irreparable harm, such as those contemplated under articles 6 and 37 of the
Convention, either in the country to which removal is to be effected or in any country to
which the child may subsequently be removed. The assessment of such risk should be
conducted in an age and gender-sensitive manner. Therefore, it must be deemed that the
Convention is violated only if a child would be exposed to a real risk of irreparable harm if
returned. This should be the guiding principle in cases concerning the expulsion of a girl
where it has been submitted that she would be subjected to female genital mutilation upon
return.
4.7
The State party argues that the author has failed to establish a prima facie case as she
has not sufficiently substantiated her claim that her daughter would be exposed to a real risk
of irreparable harm if returned to the Puntland State of Somalia, and therefore, her claim
should be declared inadmissible under article 7 (f) of the Optional Protocol.
8
9
The State party notes that background material is collected from various sources, including UNHCR
website, the European Country of Origin Information Network, the Danish Ministry of Foreign
Affairs, the Country of Origin Information Division of the Danish Immigration Service, the Danish
Refugee Council, Amnesty International, Human Rights Watch and other international human rights
organisations.
The RAB background information is available on www.fln.dk/da/baggrundsmateriale.
5