The Association of Non-Governmental Organizations in The Gambia (TANGO), the Gambia Committee on Traditional Practices affecting the Health of Women and Children (GAMCOTRAP) (https://apo-opa.info/3LTjELJ), and the Network Against Gender-Based Violence (NGBV) (https://apo-opa.info/3twZeSD) are joined by 180 civil society organizations from across Africa and around the world in co-signing this open letter urging the Government of the Republic of The Gambia to stand firm in its commitments to protect women and girls by upholding the law prohibiting female genital mutilation (FGM). This letter is in response to deeply troubling comments recently made by some religious and political leaders advocating for the decriminalization of FGM, including regressive statements in the national parliament calling for the law to be repealed.
Landmark conviction for female genital mutilation
In 2015, The Gambia took a momentous step by amending the Women’s Act 2010 to explicitly criminalize FGM under sections 32A and 32B respectively. The Women’s (Amendment) Act of 2015 prohibits FGM, stating that, “a person shall not engage in female circumcision… a person who engages in female circumcision commits an offense” 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.”
Current attempts to remove legal protections were sparked by the convictions in August 2023 of three women for carrying out FGM on eight infant girls. Each offender was ordered to pay a fine of 15,000 dalasis (around $230 US) or serve a one-year prison sentence. The landmark judgment by the Kaur/Kuntaur Magistrates’ Court marks the first conviction since the law banning FGM was enacted eight years ago.
Sustained efforts are required to accelerate FGM’s eradication, and we hail the significance of these convictions and their role in addressing impunity. This case underscores the need to bolster enforcement mechanisms and awareness-raising throughout The Gambia, where UNICEF (https://apo-opa.info/3tnK55U) estimates 73% of women and girls aged 15 to 49 have been subjected to this illegal practice.
However, we are concerned about the leniency of the sentences, as a fine of just D15,000 does not adequately reflect the crime’s seriousness.
Furthermore, some political and religious leaders have openly supported the convicted individuals. Concerningly, they are also publicly advocating for the law against FGM to be repealed, some influential figures have even recommended that FGM be continued. This is despite the promotion or incitement of FGM being criminalized, and such injurious comments being in direct contradiction to the principles of justice, protection, and welfare of women and girls.
Widespread concerns over regressive calls to repeal the law against FGM
A joint statement (https://apo-opa.info/3QnWOPn) by the African Commission on Human and Peoples’ Rights (ACHPR) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) expresses their “deep concern on the current regressive Parliamentary debate” advocating for the repeal of The Gambia’s laws prohibiting FGM.
The UN in The Gambia (https://apo-opa.info/3ZPac1X) has also released a statement reaffirming its commitment to supporting the fight to end FGM in The Gambia, highlighting that the prohibition of FGM under the law is in line with The Gambia’s international and regional human rights commitments.
FGM has no health benefits and harms girls and women in many ways (https://apo-opa.info/3ZUpnqC). It involves the removal and damage of healthy and normal female genital tissue and disrupts the natural functions of the body. Immediate complications can include severe pain, shock, haemorrhage (bleeding), tetanus or sepsis (bacterial infection), urinary retention, open sores and swelling in the genital area, and damage to nearby genital tissue. FGM can result in death.
Long-term effects can include recurrent bladder and urinary tract infections, cysts, painful scar tissue, the need for subsequent surgery, sexual health problems, and mental health issues such as post-traumatic stress disorder, depression, and anxiety. FGM can also cause infertility and increased risk of complications during childbirth, such as excessive bleeding and obstetric tearing, which can lead to maternal and infant death.
The Gambia has one of the highest FGM prevalence rates in West Africa, and the Foundation for Research on Women’s Health, Productivity and the Environment (BAFROW) reports that seven of the country’s nine ethnic groups practice FGM (https://apo-opa.info/46sP4AU).
The Gambia’s Government must safeguard women and girls from FGM
We, the undersigned, will not relent in our efforts to ensure every girl and woman enjoys her fundamental human rights and has her dignity respected and defended. As such, we stand in solidarity with the survivors, organisations, and activists in The Gambia who have tirelessly advocated for the rights of women and girls, and our commitment remains focused on the experiences and realities of those who endure the trauma of this harmful practice.
We condemn in the strongest terms the actions of people who misdirect social and religious adherence to promote FGM to the detriment of the welfare and rights of women and girls, who bear indelible scars while their bodies are reduced to political tools. Regrettably, thousands more in The Gambia remain at risk.
The Gambia has demonstrated admirable leadership in taking legislative action against FGM, and the positive ripple effects extend far beyond its borders, influencing other West African nations in their endeavours to combat this entrenched form of gender-based violence. Neighbours have looked to The Gambia as a source of inspiration, drawing valuable lessons and momentum from its progress.
Repealing the anti-FGM law would undo the considerable gains made in safeguarding the rights and well-being of women and girls. Furthermore, reversal would potentially weaken the resolve of other nations, undermining the continent’s collective struggle to eradicate FGM and overshadowing many lives throughout West Africa and beyond.
As Africa celebrates the 20th anniversary of the Maputo Protocol which under its Article 5 on Ending Harmful Practices, obligates the 44 state parties including The Gambia to end female genital mutilation; we urge the government of The Gambia to stay firm and committed to upholding its obligations under this treaty. We look to The Gambia to continue demonstrating its leadership in the criminalisation of FGM and for the Government to fulfill its obligations to protect the rights and welfare of women and girls, which entails upholding its commitments under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) (https://apo-opa.info/48QNI4x).
In that regard:
1. We request that the Government and the Ministry of Justice impartially uphold the law against FGM and ensure that those who partake in, support, or advocate for FGM face appropriate consequences according to the law.
2. We call for the protection of the rights and well-being of FGM survivors. They merit our unwavering support, empathy, and access to requisite services.
3. We urge the Government through the Ministry of Gender, Children and Social Welfare and the Ministry of Justice to call for a national dialogue that is inclusive of all stakeholders to address the FGM issue. .
4. We pledge to tirelessly raise awareness about the detrimental effects of FGM and replace this practice with culturally enriching alternatives that respect the dignity and well-being of women and girls.
5. We invite all Gambians to stand with us in this endeavour to foster a country where the rights and the dignity of every woman and girl are upheld and defended.
Distributed by APO Group on behalf of Gamcotrap.
Notes to editors:
Media contact:
Mr. Fallu Sowe
National Coordinator for Network Against Gender-Based Violence
Tel: +220 4398122/ 763 8129
Email: [email protected]
Mrs. Yadicone Njie Eribo
Chairperson of The Association of Non-Governmental Organizations in The Gambia (TANGO)
Tel: +220 733 3820
Email: [email protected]
Tijan Bojang
Information and Communication Officer
GAMCOTRAP
Email:[email protected]
Tel:00-220-7130117/3463073
About Female Genital Mutilation/Cutting:
FGM is a human rights violation deeply rooted in gender equality and discrimination. It violates various human rights under international and national law, including women’s and girls’ rights to equality, life, the security of the person, dignity, as well as freedom from discrimination and torture, cruel, inhuman or degrading treatment.
FGM often results in lifelong health problems, increased risks during childbirth, psychological trauma, and even death. At the time the practice is carried out, risks include severe bleeding, shock, infection (https://apo-opa.info/3ZZcbAU), other serious injuries, and even death can occur.
A girl or a woman who has been subjected to FGM can experience a range of issues, including problems passing menstrual blood or urine, urinary tract infections, pain during sex, less or no sexual pleasure, psychological problems, infertility, and increased risk of complications during childbirth.
The importance of eliminating FGM is publicly highlighted by the United Nations within Goal 5 of the Sustainable Development Goals (SDGs), which outlines a blueprint for achieving gender equality and empowerment for all women and girls. Target 5.3 under this goal requires all 193 countries that signed onto the SDGs to take action to “eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation” by 2030.
The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) (https://apo-opa.info/48QNI4x) banned FGM in 2003 (Article 5), and the following treaty monitoring bodies have all interpreted FGM as a human rights violation in breach of those treaties:
the Convention on the Elimination of All Forms of Discrimination against Women (https://apo-opa.info/48O34a8),
the Convention on the Rights of the Child (https://apo-opa.info/45nwYzb),
the International Covenant on Civil and Political Rights (https://apo-opa.info/45qF6yU),
the International Covenant on Economic, Social, and Cultural Rights (https://apo-opa.info/3M08AN3),
and the Convention against Torture (https://apo-opa.info/3trYFJM).
Signed by:
ACT Alliance Tanzania Forum
1
Action Aid Ethiopia
2
Action for COmmunity Task (ACT-SL)
3
Africa Coordinating Centre for Abandonment of FGM/C
4
African Centre for Democracy and Human Rights Studies ACDHRS
5
Afya Afrika, Kenya
6
Agency for Culture and Change Management UK (ACCM UK)
7
Akina mama wa Africa
8
Amnesty International
9
Amref Health Africa
10
AMREF Health Africa
11
Asia Network
12
Asian-Pacific Resource and Research Centre for Women (ARROW)
13
Associate of Karenni Policy Support
14
Association des blogueurs du Bénin
15
Association des femmes juristes du Burkina Faso (AFJ/BF)
16
Association des Mairies des Jeunes du Bénin ( AMJB)
17
Association for Egyptian Female Lawyers,
18
Association Tin Tua (Burkina Faso)
19
AWASH
20
CAFCO / RDC
21
Case Salone Centre for Advocacy and Sustainable Empowerment
22
Center for Social Value and Early Childhood Development ( CESVED)
23
Centre de Formation en Mécanismes de Protection des Droits Humains
24
Centre for Community Mobilisation and Empowerment (CECOME)
25
Child Protection Alliance (CPA)
26
Circuit Pointe
27
Climate Live Tanzania
28
Coaches of Influence Foundation (COIF)
29
Coalition on Violence Against Women (COVAW)
30
Come Together Widows&Orphans Organisation (CTWOO)
31
Come Together Widows and Orphans Organization
32
Comfort and Hope Development Organisation (COHOD)
33
Commission Indépendante des Droits de l’Homme en Afrique du Nord (The Network of the Independent Commission for Human Rights in North Africa)
34
Compassion CBP
35
Concern for Women
36
COVAW
37
Covenant Foundation for Girls (COFGIRLS)
38
Democratic Socialist Women of the Phillipines (DSWP)
39
Droits Pour Tous
40
End Female Genital Cutting Singapore
41
End FGM/C Canada Network
42
End FGM European Network
43
End FGM/C US Network
44
Equality Now
45
FABSA Foundation
46
Fact Check Centre The Gambia
47
FAMEDEV-Le Réseau Inter Africain Des Femmes,Médias, Genre et Développement (Inter Africa Network for Women, Media ,Gender and Development)
48
Fantanka
49
FAWEGAM
50
Female Lawyers Association Gambia (FLAG)
51
Finnish Mission in Uganda
52
Fondation des Jeunes Amazones pour le Développement (FJAD-ONG)
53
Forum Against Harmful Practices
54
Gambia Association of deaf and hard of hearing.(GADHOH)
55
Gambia Committee on Traditional Practices affecting the Health of Women and Children (GAMCOTRAP)
56
Gambia Family Planning Association (GFPA)
57
Gambia Teachers’ Union (GTU)
58
GAMNASS
59
Girl2Girl Empowerment Movement (G2G)
60
GirlKind
61
GirlKind Kenya
62
Girls Talk Organisation
63
Girls’ Pride Gambia
64
Global Youth Consortium against FGM
65
Hamia Hapa (Uganda)
66
HEFORSHE –THE GAMBIA
67
Himiza Development
68
Hope Beyond Foundation
69
Hope for Women (HFW)
70
I_Rep Foundation
71
I-REP Foundation
72
Iceland Gambia Friendship
73
IFRAH Foundation (Somalia)
74
Il’laramatak Community Concerns (ICC), Kenya
75
Indigenous Women for Health and Equality (DRC)
76
Initiative for Girls Right and Health Development (Uganda)
77
Inter-African Committee on Traditional Practices (IAC)
78
Inua Mama Njane CBO, Kenya
79
Joy for Children, Uganda
80
Kadirat
81
Kalyanamitra
82
Keep the Drum and Loose the Knife
83
Kenson Children Development Foundation
84
Kenya Council of Imams and Preachers
85
Kenya Council of Imams and Ulamaa
86
Kids Come First Foundation
87
l’Association des Mairies des Jeunes du Bénin ( AMJB)
88
L’Association Malienne pour le Suivi et l’Orientation des Pratiques Traditionnelles (AMSOPT)
89
LHRC
90
Maine libres
91
Malaysian Doctors for Women&Children
92
Men End FGM Foundation
93
Ministère des Affaire Sociales (DRC)
94
Ministry of Women’s Empowerment and the Family, Cameroon
95
Mothers’ Health Foundation
96
Mtoto News International
97
Musawah
98
MUTAPOLA The Gambia
99
National Forum of Women with Disabilities
100
National Youth Parliament
101
Network Against FGM/C in Somaliland (NAFIS)
102
Network against Gender-based Violence (NGBV)
103
Network for Reorientation
104
Network Gender Advocators’ Gambia (NGAG)
105
Network of Gender Journalists for Women and Cultural Advancement
106
Network of Girls against Human Trafficking
107
NGO Universal Education
108
Nisa Ul Haqq fi Bangsamoro
109
NooN Legal and Social Organization
110
Nova Scotia Gambia Association (NSGA)
ONG Droits Pour Tous
111
ONG CO-GNA Niger
112
ONG Éducation Universelle
113
Orchid Project
114
Oxford Against Cutting
115
Pan African Female Youth Leaders (PANAFYL)
116
Paradise Foundation Initiative
117
Peace Ambassadors The Gambia
118
Peace Hub The Gambia
119
Peace of Mind
120
Plan International – Kenya
121
Pour NouEs
122
Praise Foundation, Sierra Leone
123
Project21
124
Purposeful
125
Raise The Young Foundation
126
Raising Teens Uganda
127
Réseau Nigérien des Défenseurs des Droits Humains (RNDDH)
128
Rural Development Foundation (RDF), Pakistan
129
Rural Initiative for COmmunity Empowerment (RICE-SL)
130
Rural Women Rights Structure
131
Safe Hands for Girls
132
Sahiyo
133
Sainte Philomène, l’espérance
134
Salimatou Foundation for Education
135
Samburu Girls Foundation
136
Save for Children (Tanzania)
137
Silver Lining Kenya
138
Spread Truth Africa
139
State Department for Gender, Kenya
140
STEWARDWOMEN
141
Tanzanian Women Lawyers Association (TAWLA)
142
Tasaru Ntomok Initiative (TNI), Kenya
143
The Association for the Defense of the Right of Household and Domestic Aid Gambia (ADDAD)
144
The Association of Non-Governmental Organizations in The Gambia (TANGO)
145
The Democratic Socialist Women of the Philippines (DSWP)
146
The Five Foundation
147
The Girls’ Agenda (TGA)
148
The New Generation Girls and Women Development Initiative
149
The Survivors of Presidential Alternative Treatment Program (SPATP)
150
The Uncounted
151
Think Young Women
152
Together Africa Gambia Organisation (TAGO)
153
TOSTAN
154
UNFPA Burkina Faso
155
UNRCO/ Uganda Spotlight
156
Voices for the Voiceless Woman Sierra Leone (VVW-SL)
157
Voix de Femmes (VdF)
158
Washington Coalition to End FGM/C
159
Wassu Gambia Kafo
160
WAYASS
161
We Can Cox’s Bazar
162
We Speak Out India
163
WILDAF-Bénin
164
Women Against Violence and Exploitation in Society (WAVES-SL)
165
Women and Children Aid The Gambia
166
Women In Liberation and Leadership (WILL)
167
Women Initiative for Peace and Security (WIPeS)
168
Women Initiative for Self Help (WISH) Lib. Inc
169
Women Pathfinder
170
Women’s Action for Human Dignity (WAHDSL)
171
Women’s Studies Centre (WSC),
172
World Vision – Tanzania
173
Yakarr Justice
174
Yayasan Kesehatan Perempuan
175
Young People in the Media
176
Young Women Christian Association
177
Youth Anti-FGM Network Kenya
178
Youth Association for Development
179
Youth Educational Support Services (YESS)
180