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Female Genital Mutilation (FGM) is a deeply rooted cultural practice in The Gambia until it was officially banned in 2015 under the Women’s (Amendment) Act. FGM is typically performed on girls between infancy and the age of 15 and can have severe physical and psychological consequences. It includes piercing, incising, pricking, scraping, and cauterizing the female genitalia.
The World Health Organization estimates that over 200 million girls and women have undergone FGM in 30 countries in Africa.
Types of FGM According to the World Health Organization
Type 1 FGM: This is also referred to as clitoridectomy. It is the partial or total revival of the external part of the clitoris.
Type 2 FGM: This is also called excision. It refers to the partial or total removal of the clitoral glands and the labia minora. This is done with or without the removal of the labia majora.
Type 3 FGM: RHIS is also called infibulation. It refers to the creation of a covering seal in a bid to narrow the vagina opening.
This seal is formed by cutting and repositioning the labia minora and/or labia minora, especially by stitching.
This process could be carried out with or without the inclusion of clitoridectomy.
Type 4 FGM. This involves all the other procedures that could cause injury to the female genitalia for non-medical purposes.
Criminalising FGM in The Gambia
The law against FGM was enacted by former President Yahya Jammed in 2015 when he amended the Women’s Act passed into law in December 2015.
The Act criminalises the practice of FGM. In addition, there have been ongoing advocacy efforts by various rights groups to implement the law and prosecute those found practising FGM.
Despite the ban being in place for about eight years, there were no convictions until August 2023, when three women in the Central River Region were found guilty of practising FGM.
This landmark conviction was significant in the country’s fight against FGM.
But the conviction has resuscitated the age-long debate about FGM and its implications on human rights, the law, and culture.
In his protest against the conviction, Almame Gibba, the National Assembly Member, has sponsored a bill to decriminalise FGM, an act that has heightened the controversy on FGM.
The ban, the controversy over the conviction, and the bill to decriminalise FGM in The Gambia highlight the complex intersection between cultural practices, religious beliefs, and human rights.
DUBAWA, therefore, takes a detailed look at the issue, highlighting the significant issues of law, religion, and cultural perspectives.
FGM and the law in The Gambia
In September 2023, a group led by an Islamic cleric Imam Abdoulie Fatty, paid the fine for the convicted women, sparking a debate between religious leaders who support the practice and women’s rights activists who view it as a form of domestic violence.
A private member’s Bill has since been proposed by Almame Gibba, the National Assembly Member for Foni Kansala, asking the house to reintroduce the FGM. This decision has triggered debates over religious freedom and the protection of women’s rights.
Sections 32A and 32B of the 2015 Women’s (Amendment) Act criminalise and set out punishment for performing, procuring, and aiding and abetting the practice of FGM/C.
When DUBAWA contacted Almame Gibba, who introduced the proposed Bill seeking to repeal the ban on FGM, he said: “All those campaigning against FGM are scammers. We know, and they cannot fight our religion. We will continue to practice FGM. I will table the Bill in Parliament and am ready to challenge anyone.”
Imam Abdoulie Fatty, an ardent supporter of FGM, claims that the ban on FGM is fueled by international pressure and is an insult to Islam.
“All that they (Anti-FGM) are saying on television against FGM is an insult to the Islamic religion and humanity. They should be cautious because we will not tolerate that from anybody.
Let them know we don’t get our religion from the Presidents, Ministers, National Assembly Members, Chiefs, or Governors. We got our religion from only the Holy Qur’ and the Hadith, which is the teachings of the Holy Prophet Muhammad,” he said.
He argues that Muslims should continue to practice FGM based on their religious beliefs and reject any association of FGM with domestic violence.
Some of the leading advocates of FGM are Muslims. So the question that comes to mind is, is FGM a precept of Islam since it has been mentioned in the Sunna (a body of traditional Islamic Law accepted by Orthodox Muslims?)
Sheikh Assim Al Hakeem, an Islamic scholar and YouTuber, said female circumcision is not mandatory in Islam, and it’s a Sunnah, which means an act of worship that is not compulsory.
Many Islamic scholars argue that female circumcision, which is also referred to as FGM by many, including the WHO, is Sunnah in Islam, which was practiced during the time of Prophet Muhammed (S. A. W). He gave guidance on how it should be done to avoid harm.
Other Islamic scholars also offered different interpretations on the topic. See here
On the other hand, Anti-FGM campaigners and women’s rights activists, including Dr Isatou Touray, Former Gambian Vice President, and organisations like the National Human Rights Commission argued that FGM is a violation of women’s rights and has no health benefits or religious basis.
“FGM is a harmful practice, and it has to stop. It has no health benefits or religious benefits,” she said.
The National Human Rights Commission has also opposed the proposed repeal of the ban and emphasised the importance of protecting women and girls from this harmful practice.
“The commission considers FGM/C as not just a health issue but also as a violation of the fundamental rights of women and girls, in particular the rights to life, health, bodily integrity and protection from all forms of discrimination and violence,” it said.
Gibbie Mballow, former health officer and now the National Assembly Member for Lower Fulladu, is of the view that FGM is harmful and the ban should not be repealed.
“FGM is harmful and has no health benefits. It needs to stop,” he said.
Some women who were practising FGM have also spoken out about the practice, vowing to stop the practice.
However, many view this as a contentious issue that requires careful consideration and dialogue to find a balanced approach that respects both religious freedom and the rights and well-being of women and girls.
Conclusion
With the proposed bill already before the Assembly, it remains to be seen if it will be passed into law.
