Anti FGM Law Upheld In The Gambia
Lawmakers in The Gambia have voted to reject a Bill that seeks to reverse an earlier legislation that banned Female Genital Mutilation (FGM) in the country.
The Law that bans FGM in The Gambia is the Women’s (Amendment) Act of 2015. This Act was passed by the National Assembly of Gambia on the 28th of December, 2015. The Legislation came into place after years of advocacy by women’s rights groups and international organizations.
The Women’s (Amendement) Act of 2015 amended the existing Women’s Act of 2010 to include provisions that specifically criminalizes FGM. The key aspects of the Law include:
- Criminalization: The Act makes it illegal to perform FGM on any person in The Gambia.
- Penalties: Those found guilty of performing FGM can face up to three years in prison or a fine of 50,000 Dalasi (approximately $1000) or both.
- Comprehensive Definition: This law defines FGM broadly to include all the different types of the practice.
- Protection for Victims: The Act provides for the protection of both the victims and potential victims of the practice.
- Extraterritoriality: The Law criminalizes taking a girl out of the Gambia to have FGM performed in another country.
- Failure to Report: The Act makes it an offense if someone knows about FGM being planned or having taken place, and then failing to report it to the authorities.
Despite the legal ban, FGM remains deeply rooted in the cultural and social norms in The Gambia. The practice is prevalent among various ethnic groups and is often viewed as a rite of passage and a prerequisite for marriage. According to UNICEF, approximately 75% of women aged between 15 and 49 in The Gambia have undergone FGM.
In March 2024, some Gambian Lawmakers advanced a Bill to repeal the ban on FGM. The Bill had passed a preliminary vote in the National Assembly and had been sent to a committee for further review before a final vote.
The proponents of the repeal argue that the ban infringes on cultural and religious rights. They claim that FGM is a deeply rooted cultural practice and that the government should respect the cultural norms and values of the majority of Gambians.
Those who oppose the repeal argue that repealing the ban would be a significant setback for women’s rights and health. FGM is internationally recognized as a violation of human rights, causing long-term physical and psychological harm.
This was the reasoning the Gambian Parliament used as they rejected the Bill that had been introduced by MP Almameh Gabba. The proposed legislation was reportedly introduced due to pressure from some Muslim Clerics. The Speaker of Parliament Fabakary Tombong Jatta announced that a majority of the MPs had voted against all the proposed clauses before the Bill had reached its third and final reading. This meant that the Bill had effectively been rejected, and that the legislative process that would have seen it progress through Parliament had been exhausted.
Given that The Gambia is top 10 globally for FGM rates, this was a significant win. The Gambian government should follow through and reinforce its efforts to eliminate FGM through education, community engagement and enforcement of the law.
