In light of the recent proposal in Parliament to repeal the Women's Act 2015 and decriminalize Female Genital Mutilation (FGM), the African Commission on Human and Peoples’ Rights ( the ACHPR), through the Office of the Special Rapporteur on the Rights of Women in Africa (SRRWA) of the ACHPR, in collaboration with the Country Rapporteur of The Gambia of the ACHPR, and the Special Rapporteur on Child Marriage and Other Harmful Practices and the Country Rapporteur for The Gambia of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), have been actively engaged in advocating against the repeal.
One of our key efforts was the Roundtable on the Proposed Repeal of FGM Law in The Gambia and Pushback on Women's Rights and Gender Equality, held on 28 May 2024, in partnership with UN Women. This event led to the formation of an Ad Hoc Committee consisting of influential local actors dedicated to advocating against the repeal and raising awareness about the detrimental effects of FGM on the physical and mental well-being of women, as well as their rights. Since its establishment, the Ad Hoc Committee has been actively engaging with relevant stakeholders; notably, on 21 June 2024, a productive meeting took place between the Ad Hoc Committee, the Honorable Speaker of the National Assembly, and the Chairperson of the Joint Committee on Health and Gender. These collective efforts and contributions from international and national organizations have proven influential and impactful, culminating in the rejection of the proposed repeal of the Women's (Amendment) Act, 2015—a significant milestone.
On 4 July 2024, the National Assembly adopted the Report of the Joint Committee on Health and Gender, which included informative recommendations against the proposed decriminalization of FGM. These recommendations underscored the need to maintain the Women's Act of 2015, affirming its role in prohibiting all forms of female circumcision. The report emphasized that repealing the ban on FGM/C would expose women and girls to severe health risks and violate their right to physical and mental well-being. Additionally, the recommendations called upon the Government to enforce the law, issue clear policy directives prohibiting FGM, and provide ongoing legal protections.
Consequently, on 15 July 2024, the National Assembly rejected the proposed Women's Amendment Bill, which sought to decriminalize FGM. This decision reflects the National Assembly's recognition of the grave impact FGM has on the physical and mental well-being of women and girls. The commitment exhibited by the Members of the National Assembly towards eradicating FGM—a practice often shielded by discriminatory cultural and religious beliefs—is hailed by the women of The Gambia and the continent as an extraordinary legacy that current and future generations will applaud.
While we commend those who voted against the repeal, it is equally essential to ensure that proponents of the repeal are sensitized to the short- and long-term consequences of FGM, which are often overlooked. We acknowledge the importance of diverse perspectives, but we appeal that a women's rights lens be applied when proposing and considering laws about women. Issues concerning women's rights should be approached from the standpoint of addressing long-standing violations rooted in discriminatory cultural and traditional practices free from partisan influences.
While we celebrate the rejection of the repeal, our focus must now shift towards effectively implementing the Women's Act to eradicate FGM in the country altogether. The same advocacy efforts that preserved the Women's Act should be redirected towards its implementation. In this regard, we acknowledge and appreciate the Coalition of Civil Society Organizations (CSOs) Against FGM and the Female Lawyers Association of The Gambia (FLAG) for their unwavering advocacy, which has led to this landmark outcome. We also extend profound appreciation to traditional and religious leaders, as well as influential local women of Gambia, for lending their voices to dispel the myths that perpetuate FGM. This unity must persist to sensitize and raise awareness among grassroots communities, fostering compliance with the law.
The recent State of the Nation address by the President of The Gambia, dated 27 June 2024, reaffirming the Government's commitment to enforcing the prohibition of FGM, provides a promising sign of continued progress towards completely eradicating this harmful practice. With this commitment and the collective efforts of various stakeholders, a brighter future awaits the women and girls of The Gambia.
As we celebrate our success in overcoming the obstacles posed by the criminalization of FGM, we must remain united in defending various aspects of women's rights. Attention must also be directed towards building the capacity of stakeholders and the communities to prevent future setbacks in women's rights issues. While we commend and celebrate this significant achievement, we urge the Government of The Gambia, CSOs, and other relevant national stakeholders to sustain this momentum.
Hon. Commissioner Janet Ramatoulie Sallah-Njie - the Special Rapporteur on the Rights of Women in Africa of the ACHPR.
Hon. Dr. Commissioner Litha Musyimi-Ogana - the Country Rapporteur of The Gambia of the ACHPR.
Hon. Hermine Kembo Takam Gatsing - The Special Rapporteur on Child Marriage and Other Harmful Practices, and Country Rapporteur of The Gambia, of the ACERWC.
