Ban Reversal in The Gambia: Parliament talks of overturning a ban on FGM

Written by James Kessler| March 25, 2024

President Adama Barrow

This week, politicians in The Gambia have begun taking steps to repeal a 2015 ban on female genital mutilation (FGM). If successful, The Gambia would be the world’s first country to walk back this protection, possibly endangering the lives of millions. As it stands now, the practice of what some call “female circumcision” is met with large fines and up to 3 years in prison if found guilty of carrying it out. Former president Yahya Jammeh, the same president who was the overseer of the ban, also included in the law that, in cases where FGM led to the death of the individual, life-long prison sentences would be carried out. Rights organizations and activists have been loudly protesting the reversal, but legislators and lawmakers have increasingly pushed to lift the ban. Lawyers and experts argue that reversing this ban would ruin decades of hard work in favor of old rituals concentrated on the ideas of forced sexual purity, control, and obedience. FGM is practiced across the world but is seen most commonly throughout Africa, Asia, and the Middle East, as well as in countries that have large diaspora populations coming from the regions mentioned above. 4 categories or types of FGM are known to be practiced. Ranging from removal of specific parts of genitalia to invasive procedures that include cauterizing. FGM is known to have taken place as far back as ancient Egypt, but there is no medical validity or necessity to the procedures. The reverse is extremely prevalent. The degree of damage that is caused will vary on the type of FGM performed, as well as who is responsible, but there is no denying the harm that can be done physically, and psychologically. The World Health Organization (WHO) states that “[FGM] is recognized internationally as a violation of the human rights of girls and women,” highlighting the vast differences in equality, and that it “constitutes an extreme form of discrimination.”

Last Monday, 42 out of 47 members of the Gambian National Assembly voted to send a bill that would overturn the practice to a committee for final consideration. This big push came from various religious groups throughout the nation. Supporting these ideas is lawmaker Almameh Gibba. Gibba argues that a ban on FGM imposes on individual rights of religious and cultural practices in the Muslim majority country. It is important to note that countries with a ban on FGM have seen tremendous decreases in the practice, and should The Gambia be successful in overturning their ban, what does that mean for the other nations with laws against FGM? A reversal in a ban such as this would set a dangerous global precedent, potentially upending decades of work done by human rights groups and activists. Female lawyers in The Gambia protest that “cultural practices should never take precedence over core principles of human rights.” Demonstrations continue outside of the parliament building, although there is no set timeline on when a final ruling will be announced.