By Olimatou Coker
The CSO Coalition against Female Genital Mutilation (FGM) said it notes with deep concern the ongoing constitutional petition before the Supreme Court seeking to invalidate sections of the Women’s Act 2010 which prohibit FGM in The Gambia.
In a statement, the Coalition stated that this case raises important constitutional questions and relates closely to the country’s commitments to democracy, human rights and the rule of law.
According to the CSO Coalition, this case comes at a critical juncture in The Gambia’s journey of rebuilding democracy and strengthening transitional justice.
“Since 2017, our nation has been recognised globally for its efforts to restore democratic governance, uphold the rule of law, and advance human rights. The FGM ban is central to this progress: it affirms that ensuring women and girls have access to their rights, including to be protected from gender-based violence, is essential to consolidating democratic gains. We reaffirm that the fight against FGM is not a fight against culture or religion, but a fight for life, dignity, and equality. The Gambia’s democratic renewal must be anchored in the protection of all its citizens, especially women and girls, whose rights are inseparable from the nation’s human rights commitments,” it added.
The statement continued: “’FGM is a gender-based violence against girls and women that causes irreversible lifelong physical and psychological impacts, including severe pain, hemorrhage, infection, infertility, and even death, whatever way it is performed and with absolutely no medical benefit. The tragic recent deaths of a one-month-old and a three-week-old infant as a consequence of FGM remind us that this is not an abstract debate; it is a matter of life and death for Gambian girls and a severe violation of children’s rights. Protecting women and girls from such irreversible harm is a constitutional duty of the State and a moral imperative for society.
As the main duty bearers, the State has the obligation to respect, protect and fulfil rights. In the case of FGM, it has the responsibility to ensure prevention and protection of women and girls, investigation, and prosecution of those who perform the practice, and ensure survivors access to a comprehensive set of services including healthcare, psychosocial support, protection services, and access to justice.
From a human rights perspective, FGM constitutes a violation of the rights to dignity, bodily integrity, health, and freedom from discrimination. International instruments to which The Gambia is a party including CEDAW, the Maputo Protocol, and the Convention on the Rights of the Child, require the State to prohibit and eliminate harmful practices, while guaranteeing the best interest of the child, non-discrimination, survival and development. The Women’s Act embodies these obligations and ensures that cultural or religious freedoms must be protected but cannot be used to justify violations of fundamental rights.
Importantly, the National Assembly recently held a comprehensive and inclusive debate on the future of the FGM law. This debate brought together representatives from across the political spectrum, civil society, religious leaders, and survivor advocates, ensuring that all voices were heard. After careful deliberation, Members of Parliament voted decisively to maintain the ban, affirming that women’s and girls’ right to bodily integrity, health, and protection from violence must remain central to our national legal framework. Their recommendations underscored that safeguarding health and dignity is not only compatible with democratic values but essential to them.”
