Gambia Reversing Ban On Female Genital Mutilation - A Huge Step Back

Female Genital Mutilation (FGM), colloquially known as female circumcision, has been long contended in the Gambian government. On March 18, the West African country's Parliament voted to revoke a ban on the practice by removing legal protections for millions of girls and women. Of the 47 members of the Assembly present, 42 voted in favour of advancing the controversial bill to overturn the ban on FGM imposed in 2015, citing that the practice is deeply rooted in Gambian culture. The bill argues that the ban infringes on the right to practice traditions, while several civil society groups believe that the bill is regressive and would undo decades of progress made in safeguarding women's rights. 

The bill will now be sent to a parliamentary committee for further scrutiny before a third reading, a process that is expected to take three months. The committee can make amendments to the measure. If the bill is passed, the Gambia will become the first country in the world to reverse a ban on FGM.

What Is FGM?

Female Genital Mutilation refers to the practice of partial or total removal of the female external genitalia or other injury to the female genital organs for non-medical reasons. A 2021 UNICEF report stated that 76% of Gambian women and girls aged between 15 and 49 had undergone FGM. 

Health professionals have asserted that female genital mutilation not only violates women's and girls' rights but also has serious health repercussions including infections, bleeding, infertility, and complications in childbirth. The practice also impairs women's rights to sexual pleasure. UNICEF estimates that 200 million girls and women worldwide have undergone some form of FGM, which it recognises as a human rights violation.

FGM Ban Could Be Lifted In The Gambia

Former Gambian dictator Yahya Jammeh, now in exile, imposed a ban on this invasive practice in 2015, punishable by up to three years in prison. However, a controversial bill initiated by lawmaker Almameh Gibba has challenged the ban, and the first hearing was on March 4. The bill secured 42 votes in the second hearing, and the third hearing would be held in a few months. 

Jaha Marie Dukureh of Safe Hands for Girls, an NGO seeking to end FGM, told Al Jazeera, “The people who applaud FGM in this country, a lot of them are men. These are men who don’t have the same lived experiences that we do, and women who have been through this practice continue to tell them every single day what their suffering is, what their pain is."

Deputy parliament speaker Seedy Njie opposed the amendment and said, "As responsible people and considering responsibility in society, we will ensure that this proposed amendment will not see the light," reported The Standard Newspaper. However, he suggested that prosecutions of FGM perpetrators be suspended while initiating effective awareness-raising campaigns.

The leader of the parliamentary majority, Bilay Tunkara, told The Standard that his camp would consult the bill's second reading before adopting a position. The International Bar Association said in January that the bill was unlikely to come into force due to The Gambia's international obligations.

Gambia is a Muslim-dominated country, where it is believed that FGM is "one of Islam's virtues." The controversy flared up in mid-2023 when three women received fines or prison sentences for performing the banned procedure. An Islamic cleric paid the fines and The Gambia Supreme Islamic Council issued a fatwa (ruling) upholding the legality of FGM.