From overwhelming support to rejection: The journey of Gambia's FGM repeal Bill
Women and a handful of men sit under a tree while Gambian activist Fatou Baldeh, standing in the middle mediates a discussion on FGM in Sintet, Gambia, on June 8, 2024. Gambia's parliament has since upheld the FGM ban.
What you need to know:
- Gambia's Parliament voted 48-5 to reject a bill that sought to repeal the country's 2015 ban on FGM following months of national debate and divided opinions among religious scholars.
- The decision maintains the criminalisation of FGM, a practice that affects 73 per cent of women aged 15-49 in Gambia.
After months of national debate, Gambia’s Parliament on July 15 voted to reject a controversial Bill that sought to repeal a 2015 law, banning Female Genital Mutilation (FGM) in the country.
The anti-FGM law, enacted under exiled former President Yahya Jammeh’s regime, prohibits the cut, which is widely practised in Gambia, backed by religious and cultural beliefs.
Islamic scholars in the Muslim-dominated country vigorously campaigned to have the law repealed, arguing it violated the cultural and religious rights of Gambians.
But the religious community was sharply divided, with those against the repeal citing the harmful nature of the practice and casting doubt on its religious basis.
The issue even featured in the Organisation of Islamic Conference meeting hosted by Gambia this year, where some scholars insisted that FGM had no religious basis.
Following a heated debate, the House on Monday voted 48 to five, in favour of maintaining the law. Anti-FGM campaigners hailed the decision.
The Women's Amendment Bill 2023 was in the House since last year. None of its provisions was passed.
In a statement, the government said it had demonstrated its commitment to protect women and girls against harmful practices.
"This vote reaffirms The Gambia Government's commitment to protecting the rights and well-being of women and girls throughout the country," said a statement by the Ministry of Information.
Despite the ban on the practice, it remains widespread in the country, according to campaigners.
Last year, FGM became a hot topic after three women were convicted of subjecting girls to the practice, and the case sparked criticism from a section of influential religious scholars.
An independent lawmaker spearheaded the repeal Bill.
Monday's vote came after a joint committee of health and gender experts submitted a report containing recommendations against repealing the law.
The amendment Bill initially had huge backing from the House. In its first reading, it received 46 votes, out of the 53 lawmakers, with one abstaining.
Two absentees
Then a massive public campaign by anti-FGM campaigners ensued nationwide, leading to the constitution of a committee of experts to look into the impact of the practice.
The lawmakers first voted on whether to accept the committee’s recommendations on July 8, with 35 voting in favour of adopting the report, and 17 against, with two absentees.
After Monday’s decision, a group of religious scholars staged a brief march in the streets and prayed for people they said are seeking to destroy the country through anti-Islam laws.
Human rights organisation Amnesty International had earlier described efforts to revoke the FGM ban as a “backward move” for the protection of human rights in the country.
In Gambia, 73 per cent of women aged between 15 and 49 years had experienced FGM as of 2020, according to the United Nations. More than 65 per cent of those women were subjected to the practice “before the age of five years.
Read also: Why Gambia MPs want FGM re-legalised
The World Health Organisation (WHO) says FGM has no health benefits and can lead to excessive bleeding, shock, psychological problems and even death.
WHO Director General Tedros Adhanom Ghebreyesus, commended Gambian parliament's decision in a joint statement with high-level United Nations representatives.
"The fragility of progress to end FGM cannot be overstated. Assaults on women's and girls' rights in countries around the globe have meant that hard-won gains are in danger of being lost," the statement read in part.
According to the United Nations Children's Fund (Unicef), at least 30 million women globally have undergone FGM in the past eight years.
Punishable
For the 1.36 million women and girls in Gambia who face the danger of the practice, their hope now lies with the parliamentary committee, which will be tasked with studying the bill before returning it to the parliament for a third reading.
UN data indicates the prevalence of FGM in the West African nation has fallen since former president Jammeh banned the practice in 2015. It is punishable by up to three years of imprisonment.
More than 70 per cent of women who have undergone FGM in Gambia have been associated with poor obstetric and neonatal outcomes with degree of risk correlating with the severity of FGM.
A study titled Obstetric outcome of female genital mutilation in the Gambia conducted a few years ago, revealed the risk of postpartum haemorrhage was doubled for women with, tripled in those who had undergone FGM type and increased by 5-fold for those who had been subjected to FGM type III.
Additional reporting by Kamau Maichuhie
