Press release
Women in Liberation & Leadership (WILL) a women’s rights civic society working with female survivors of sexual and Gender-Based Violence (SGBV) in The Gambia, has welcome a recent decision by the Ecowas Court on FGM case brought against the state of Sierra Leone.
A press statement from WILL yesterday reads in full:
“The recent judgement on FGM by the Ecowas Community Court of Justice in Case No; ECW/CCJ/APP/16/23, is a monumental step forward in the fight against female genital mutilation (FGM), and a resounding affirmation of the rights of women and girls across the region.”
The court held Sierra Leone liable for failing to criminalise FGM, ruling that the state’s legislative inaction violated multiple human rights obligations under the Maputo Protocol, the African Charter on the Rights and Welfare of the Child, and other international instruments.
This decision is not just a legal milestone; it is a moral and cultural turning point. It sends a powerful message that harmful traditional practices cannot be shielded by cultural relativism when they infringe on the dignity, security, and bodily integrity of women and girls.
Ms Kadijatu Allieu, a survivor, and the NGOs whose advocacy and unwavering resolve culminated in the challenge at the Ecowas Community Court of Justice, deserve the highest commendation for their courage in bringing the issue to the regional stage.
This ruling could not have come at a more pivotal moment for The Gambia, where the Supreme Court is currently hearing a constitutional challenge to the Women’s (Amendment) Act 2015 that criminalises FGM.
The Ecowas Court’s judgement provides a compelling regional precedent that reinforces the legitimacy and indeed the obligation of states to enact and uphold laws banning FGM. It affirms that failure to do so constitutes a breach of international human rights laws. This precedent could significantly influence the interpretation of the constitutional provisions by the Supreme Court of The Gambia, in regard to balancing cultural rights with the state’s duty to protect the basic human rights of its citizens, including protection from FGM and gender-based violence in general.”
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