By Omar Bah
African Child Policy Forum, a child rights policy, advocacy, and research center, is calling on the Gambian government to withdraw a controversial law that decriminalizes female genital mutilation (FGM).
The Bill, which Gambian lawmakers voted to approve for its next parliamentary stage, would lift the country’s 2015 ban on FGM and, if passed, counter the country’s 2022 National Policy for eliminating several child rights instruments, including the African Charter on the Rights and Welfare of the Child (ACRWC) and the Protocol to the African Charter on Human and People’s Rights on Women’s Rights in Africa (Maputo Protocol). Other instruments include the UN Convention on the Rights of the Child (CRC) and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
During her commentary regarding the contentious Bill, Dr. Joan Nyanyuki, the Executive Director of the African Child Policy Forum (ACPF), voiced concern that if the law were to be repealed, Gambia would be the first nation worldwide to backtrack on a prohibition of FGM. The country has made significant strides in realizing children’s rights, while efforts to guarantee gender equality have yielded positive outcomes. Dr. Nyanyuki believes that decriminalizing FGM would erode these achievements, rendering girls more vulnerable, undermining their autonomy, and jeopardizing their lives, health, and development.
In 2015, a law was enacted that stipulates imprisonment for up to three years or a fine of Ksh91,875 (USD 700) for individuals found guilty of performing FGM. If the victim dies as a result, the perpetrator may face life imprisonment. Recently, three Gambian women were found guilty of performing FGM on eight young girls. “Any attempts to backtrack on progress made in this area are contrary to the principles and objectives outlined in these laws. We urge the government of the Republic of Gambia to fulfill its duty to safeguard girls from harmful cultural and social practices, including FGM, by retracting this Bill,” Dr. Nyanyuki added.
