Gambian parliament in vote to lift ban on female genital mutilation

• In 2015, former President Yahya Jammeh's Women's Amendment Act banned female genital mutilation (FGM). 
• According to UNICEF, approximately 46% of girls aged 14 and younger in the Gambia have undergone FGM.
• Islamic clerics say the practice is 'not just a merely inherited custom' but 'one of the virtues of Islam', so it must be practised.

The Gambian parliament will vote on a bill to reverse the ban on female genital mutilation (FGM) on Monday, which rights groups say could mark a return to women's rights violations in the largely Muslim West African nation.

FGM, according to the World Health Organisation, is a practice that involves the partial or entire removal of the external female genitalia or other harm to the female genital organs for non-medical reasons.

For girls and women, the practice has no health benefits and can lead to excessive bleeding, urinary problems, cysts, infections, difficult deliveries, and an increased risk of stillbirth.

Under former president Yahya Jammeh, the Women's Amendment Act of 2015 put an end to FGM.

Carrying out the procedure is punishable by up to three years in prison, a fine of 50 000 dalasi (almost R14 000), or both, and where FGM causes death, life imprisonment.

According to UNICEF, approximately 46% of girls aged 14 and younger in Gambia have undergone FGM. 

This ratio rises to 73% for girls and women aged 15 to 49.

Reintroduction

When three Gambian women were found guilty of practising female genital mutilation (FGM) on several children last year, the country was divided.

An Islamic cleric paid the fines imposed by the Kaur/Kuntaur Magistrates' Court, the Gambia Supreme Islamic Council issued a fatwa declaring FGM "not just a merely inherited custom" but "one of the virtues of Islam".

Members of the country's National Assembly called for the repeal of the 2015 law that prohibited the practice.

READ MORE | Rights groups say Gambia is in danger of legalising female genital mutilation

Hence the vote on Monday which, Michèle Eken, senior researcher at Amnesty International's West and Central Africa office said, if passed would be a disappointment.

"This bill would set a dangerous precedent for women's rights and tarnish Gambia's human rights record. We urge parliament to vote against it.

"It is very disappointing that after the long fight Gambian activists put up to advance women's rights, parliament is preparing to consider this backward move," she said.

She added that what the Gambian government should do was to address FGM's drivers and guarantee the safety of the girl child.

"The Gambian government needs to address the root causes and drivers of FGM and implement comprehensive policies for women and girls’ empowerment," she said.

Violation of international law

If the Women's Amendment Act is changed to give way for FGM, it would be a direct violation of international statutes that Gambia is a signatory to.

"Female genital mutilation infringes on girls' and women’s right to health and bodily integrity. Legalising it would be a violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, all of which Gambia ratified. 

"It would also violate the principle of 'equal dignity of the person' guaranteed in the Gambian Constitution," she added.

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Paleki Ayang, Gender Advisor for the Middle East and North Africa at Equality Now, said a multisectoral approach to prevent and respond to FGM is the most comprehensive approach that considers the complexity of the practice and requires interventions at multiple levels.

She said that abiding by laws that outlaw FGM will go a long way in stopping the act.

"Although multiple countries in the region have laws and policies in place to prohibit FGM, enforcement mechanisms may be weak or inconsistently applied. In some cases, there may be gaps between national legislation and customary practices that permit or even mandate the harmful practice. 

"Therefore, strengthening legal frameworks and improving enforcement mechanisms are essential steps towards ending impunity for FGM perpetrators and providing legal protection for women and girls at risk.

"Forced migration further complicates efforts to address FGM, since addressing it in migrant or displaced communities requires tremendous cultural sensitivity," she added.