By: Agnes Miriam Ojunga & Naomi Ndifon
Every year, over 2 million girls worldwide undergo one of the 4 forms of Female Genital Mutilation (FGM) before their 5th birthday. 230 million of the less than 4 billion women and girls on the planet today are grappling with the lasting effects of female genital mutilation on their sexual, reproductive, and psychosocial health. What is regarded in several cultures across Africa, Asia, and the Middle East as a practice of purity, a code of chastity and a marker of marriageability and marital fidelity exposes toddler and adolescent girls to psychological trauma, urinary tract infections, cysts, and more. In their adult years as women during childbirth, they face a new set of complications; perineal tear, fresh stillbirth, and postpartum hemorrhage, putting their lives and the lives of their babies at risk.
And yet in light of these complications, little girls are still being cut by traditional practitioners and medical personnel every day.
In this article, we discuss Female Genital Mutilation/Cutting (FGM/C) against the backdrop of the proposed repeal of the legal ban on FGM/C in The Gambia, why it is not just ‘circumcision’ and how a rollback on this basic human rights of girls in what is the smallest country in continental Africa might be a ticking global timebomb.
What is FGM/C?
Female Genital Mutilation/Cutting (FGM/C), often erroneously referred to as ‘female circumcision’, is defined by the World Health Organization (WHO) as “a traditional harmful practice that involves the partial or total removal of external female genitalia or other injuries to female genital organs for non-medical reasons.”
Circumcision, on the other hand, is a procedure done to remove the foreskin of the penis in male children. However, circumcision in the female genital tract is anatomically impossible as there is no foreskin. Instead, what is performed on girls entails one of four (4) things:
- Partial or total removal of the clitoris (clitoridectomy)
- Removal of the clitoris and the labia minora and/or labia majora (the outer ‘lips’ of the vagina) (excision)
- Rearrangement of the genitals to narrow the vaginal opening (infibulation)
- Pricking, piercing, incising, scraping, or cauterizing (burning the skin or flesh with a heated instrument)
FGM/C in The Gambia
The Gambia is among the 10 countries in the world with the highest levels of FGM/C.
According to UNICEF, around 46% of girls aged 14 and younger have undergone female genital mutilation in The Gambia. This goes up to 73% for girls and women between 15 and 49 years of age. In 2015 - during the tenure of President Yahya Jammeh - The Gambia took a bold step by criminalizing Female Genital Mutilation through the 2015 amendment of the Women’s Act 2010, setting a global precedent for progressive legislation. The Women’s (Amendment) Act of 2015 prohibits FGM/C, stating “a person shall not engage in female circumcision… a person who engages in female circumcision commits an offence and is liable on conviction to imprisonment for a term of three years or a fine of fifty thousand dalasis or both; and where female circumcision causes death, to life imprisonment.”
In addition to the 2015 ban, in September 2023, the Gambian government formulated a 2022 -2026 National Policy for the Elimination of FGM in The Gambia. The foreword of this policy, written by the Gender, Children, and Social Welfare Minister, Hon. Fatou Kinteh reads, “Female Genital Mutilation (FGM) is a deeply rooted cultural practice that has caused immense physical and psychological harm to countless women and girls across the world. It is a violation of their fundamental rights, undermining their health, dignity, and potential. This policy represents a critical step towards ending this harmful practice and building a society that upholds the rights of its citizens.” The singular goal of this policy was to create an FGM-free society in The Gambia.
However, strict implementation of this law and accompanying policy has been limited. So far there have been only two prosecutions; the first in 2016 where a five-month-old girl died from FGM complications, and the second more recently, in August 2023, when three women became the first Gambians to be fined for performing FGM on eight infant girls. In the 2023 case, each offender was ordered to pay a fine of 15,000 dalasis (around $230 US) or serve a one-year sentence: a milder penalty than the initial legal requirements. Imam Abdoulie Fatty, an Islamic cleric raised funds to pay the fines, advocating for the convicted women’s rights to practice their ‘Islamic tradition’. The Supreme Islamic Council also issued a fatwa condemning anyone who denounces the practice and called for the government to reconsider the legislation. Six months after the advocacy by Islamic clerics, the National Assembly representative of Foni Kansala constituency, Hon. Almameh Gibba introduced a bill to repeal the 2015 ban on FGM/C in The Gambia.
According to the bill proposed by Hon. Gibba, “the current ban on female circumcision is a direct violation of citizens’ rights to practice their culture and religion as guaranteed by the Constitution. Given The Gambia’s predominantly Muslim population, any law that is inconsistent with the aspirations of the majority of the people should be reconsidered. Female circumcision is a culturally significant practice supported by Islam with clear proof of the teachings from our Prophet (S.A.W).”
Following a debate on the bill, legislators in The Gambia’s National Assembly voted 42 to 4 in favor of referring it to a parliamentary committee for further review.
The Growing Concerns
FGM/C is usually performed for cultural and religious reasons. In some cultures, it has been used to supposedly maintain a girl’s chastity, uphold sexual restraint, or even as a rite of passage signifying the transition from girlhood to womanhood, preparing young girls for marriage. The practice is often justified in most Gambian communities through religion or tradition, as noted in the proposed Women (Amendment) Bill 2024. However, several Islamic clerics and scholars have denounced the justification of FGM as a global Islamic practice, stating rather that it is rooted in traditional customs and beliefs.
One emerging trend in counteracting FGM/C laws globally is cross-border and transnational FGM/C where cutters move across borders to perform the procedure. This challenge has also been noted in The Gambia, as emphasized by Priscilla Yagu Ciesay, Co-Founder and Senior Technical Advisor of the Women’s Association for Victims’ Empowerment (WAVE-Gambia). “We also know that some communities in the border areas do cross-border practices. And that was also quite right during COVID, when a lot of communities were conscious that the ban was right. So during COVID, it was a two-prong. One is because of the restrictions on freedom of movement. So people would not move around in The Gambia. But then some of them went over and had it done.” she shared with MEWC.
Unfortunately, the effect of cross-border FGM is the proliferation of pro-FGM sentiments in these neighboring countries. “Gambia is close to countries that practice it; Senegal, Guinea, and others ', said Gambian human rights lawyer and scholar, Dr. Satang Nabaneh. “Even though all of those countries have criminalized FGM in the early ‘90s, part of what we’re also seeing is that the FGM issue in The Gambia should not be seen as a siloed issue. It is part of the broader global backlash against women’s rights and the potential ripple effects, especially in neighboring West African countries, is huge.”
Nonetheless, the proposed FGM repeal signifies the push of anti-women’s rights rhetoric in the Gambian legislature. “In the Gambian context, we’re also seeing the people who are pushing against the FGM law, are also saying, oh we’ll come for the child marriage one, the sexual offenses act, the domestic violence act as well”, said Dr. Satang Nabaneh. “So these are all things that are all on the table for conservative fundamentalist actors because they see it working. Even if this law stays in place, what this opens up is Pandora's box.”
Several women’s rights activists and organizations based in The Gambia and across Africa have been actively advocating against this proposed repeal. After the announcement of the bill, civil society organizations in The Gambia including WAVE Gambia, Wassu Kafo, Safe Hands for Girls, Medical Women’s Association The Gambia, Female Lawyers Association The Gambia, Network against Gender-Based Violence The Gambia, submitted position papers and engaged in consultation meetings with members of the Joint Committee on Health and Gender to dispel myths surrounding the practice. Others like NalaFem, Make Every Woman Count, and the African Women's Rights Advocates kicked off the #StopFGMRepealGambia campaign on social media, urging the public to sign petitions in support of upholding the ban on FGM/C and raising awareness about the harmful effects of the practice.
Updates on the Women (Amendment) Bill 2024
On the 8th of July, The Gambia’s National Assembly held its Second Ordinary Session of the 2024 legislative year where the Joint Committee on Health and Gender on the Women (Amendment) Bill 2024 presented their report after consultations with diverse stakeholders including civil society organizations leaders, medical professionals, religious groups. The decision of the committee was unanimous to uphold the 2015 ban on FGM with the following additional recommendations;
- The Women Amendment Act 2015 be maintained to prohibit female circumcision in all forms whether genital mutilation or cutting in The Gambia.
- Protect women's health and wellbeing. Repealing the ban on FGM/C would expose women and girls to severe health risks and violate their rights to physical and mental well-being. The practice of FGM/C has been consistently linked to numerous health complications including chronic pain, infections, obstetric risks, and psychological trauma. Preserving the ban is essential for safeguarding the health and dignity of women and girls in The Gambia.
- Promote gender equality and social development. The continuation of FGM/C perpetuates harmful gender inequalities and discrimination against women and girls. By maintaining the ban, The Gambia reaffirms its commitment to gender equality and social development by challenging harmful cultural norms and practices. Rejecting the repeal of the FGM/C ban is crucial for fostering an inclusive society where everyone can thrive free from violence and discrimination.
- Legal support and protection. Girls and women who are at risk or have undergone FGM/C should have access to legal support and protection. This includes access to centers, counselling, and other support services.
- Research and data collection. Continued research and data collection is necessary to understand the prevalence of FGM/C, its impact on individuals and communities, and the effectiveness of interventions aimed at preventing and addressing it.
- Legislation and policy. Government should enforce laws as well as issue clear policy directives prohibiting FGM/C and provide continued legal protection for girls and women at risk.
- Awareness and education. Comprehensive public awareness campaigns and educational programs should be implemented to raise awareness about the harmful effects of FGM/C and promote gender equality and women’s rights.
- Healthcare interventions. Healthcare providers should be trained to recognize the physical and psychological consequences of FGM/C. They should also provide support for medical care for girls and women who have undergone FGM/C.
- Ban any attempt to medicalize the practice of FGM/C.
After a very heated debate, members of the National Assembly voted in majority to adopt this report and its recommendations, with 35 lawmakers voting in favor, 17 against, and two abstentions.
A final vote on the Women (Amendment) Bill 2024 has been scheduled for July 24, 2024.
What Next?
We are witnessing reversals of hard-fought freedoms (the overturning of Roe v. Wade abortion law in the US, the Taliban’s ban on women and girls’ education and work in Afghanistan, etc.) as well as consideration and introduction of retrogressive laws and initiatives by conservative religious civil society and state actors (withdrawals of some European countries from the Istanbul Convention to prevent gender-based and domestic violence, South Korea’s threat to abolish its Ministry of Gender Equality and Family etc.). These shifts in the Global North are influencing dialogues worldwide, challenging the fundamental rights of women. Similarly, the ripple effects of pro-FGM/C sentiments in The Gambia are far-reaching and require deliberate concerted efforts to counteract them in The Gambia and globally.
To curtail trends in cross-border practices, there is a need for regional and bilateral legal instruments that prohibit cross-border FGM/C and standardize penalties for offenders across these neighboring countries. A good example of this is the 2016 East African Community Prohibition of Female Genital Mutilation Bill which prohibits FGM as a transnational crime across member states (Kenya, South Sudan, Tanzania and Uganda) and demands minimum penalties for offenders. Most importantly is the need to move beyond criminalization, translating these laws into tangible action within communities, safeguarding individuals at risk, and promoting lasting change.
Strengthening community engagement through local leaders, NGOs, and grassroots organizations is crucial for raising awareness and education as well as facilitating behavioural change concerning FGM/C. While significant progress has been made, governments and civil society must continue to work tirelessly to eradicate this harmful practice.
**UPDATE: On the 15th of July 2024, members of the Gambia's National Assembly voted again ahead of the final reading scheduled for July 24. Once again, a majority voted against each clause of the Women (Amendment) Bill 2024 thereby prompting the National Assembly Speaker, Hon. Fabakary Jatta to stop the bill from moving forward for a third reading. FGM remains illegal in the Gambia.