By Kizito Makoye
DAR ES SALAAM, Tanzania | 19 July 2024 (IDN) — Absa Samba, a prominent Gambian activist, exhaled a sigh of relief when the Gambian lawmakers overwhelmingly rejected a controversial bill that would have lifted a ban on Female Genital Mutilation (FGM), a barbaric practice that had inflicted indelible psychological scars on her childhood and spurred her battle to eradicate it.
“The rights of women and girls should be a priority,” she says. “Reversing the ban would have had far-reaching consequences beyond our country’s borders, potentially influencing other nations to follow suit. It was a huge relief to know we didn’t take a step backward, but there’s still much work to be done.”
“We know the practice has huge consequences for those of us subjected to it,” she tells ADN. Samba, a key figure in Gambian activism, highlights the lifelong trauma and health implications FGM survivors suffer, let alone social and economic impacts.
“The loss for society is immense when women and girls, who form the majority in our country, cannot actively and fully participate in national development,” she says. Absa firmly believes there is no justification, religious or otherwise, for FGM. “I don’t know any argument that can justify this practice,” she says, noting that both Islamic and Christian communities in Gambia show varied practices. “People practice FGM regardless of their religious beliefs. The cultural reasoning still comes down to one thing: controlling women’s sexuality and bodies. It’s time we put an end to that.”
A landmark decision
In a landmark decision, The Gambia’s lawmakers have chosen to preserve the Women’s (Amendment) Act, 2015, a crucial law that criminalizes FGM. This move has been hailed by global campaigners as a significant step toward safeguarding the rights and dignity of women and girls across Africa.
Equality Now—the leading global women’s rights charity—has been working closely with the Gambia Committee on Traditional Practices Affecting the Health of Women and Children (GAMCOTRAP) and other Gambian women’s rights activists to urge parliamentarians to uphold the law. Revoking it would have had a detrimental impact on the well-being of women and girls in Gambia, leaving them without legal protection against the physical, mental, and potentially deadly harms of FGM.
In an email to IDN, Santana Simiyu, a program officer at Equality Now’s End Harmful Practices team based in Nairobi, said preserving the anti-FGM law is proof of The Gambia’s commitment to create a society free from violence and discrimination. “By retaining the Act, The Gambia is upholding its responsibility to safeguard the physical integrity and dignity of women and girls,” Simiyu said.
Simiyu emphasized the broader implications of this decision, highlighting its potential to set a precedent for other African countries. “The decision of Gambian lawmakers has far-reaching implications beyond the country’s borders. It sets a crucial precedent for other nations in West Africa and across the continent regarding the upholding of human rights laws and underscores the importance of legal frameworks in protecting women and girls from gender-based violence.”
Background to the Bill
The bill was announced by the Clerk of the National Assembly on February 6 and was tabled in parliament by Almammeh Gibba to “uphold religious purity and safeguard cultural norms and values” in The Gambia, where 96.4% of the population is Muslim. The bill seeks to repeal the Women’s (Amendment) Act 2015, which specifically outlaws FGM, and video of the bill being debated in Parliament can be watched here, at around 10 minutes in.
Women’s rights activists held a protest outside Parliament on the morning of the vote on the bill, calling for the law to be upheld. Attempts to remove the ban on FGM were triggered by the convictions in August 2023 of three women for carrying out FGM on eight infant girls. In response, an Islamic cleric paid fines issued to the women. The Gambia Supreme Islamic Council issued a fatwa declaring FGM ‘not just a merely inherited custom’ but ‘one of the virtues of Islam.’
In October, an open letter was signed by 178 civil society organizations urging Gambia’s government to uphold the law prohibiting FGM. And a Change.org petition has been set up.
A powerful message
The Gambia’s stance sends a powerful message to neighbouring countries such as Liberia and Sierra Leone, where efforts to criminalize FGM are ongoing. “This ruling bolsters regional and international efforts to eradicate FGM and sends a powerful message to neighbouring countries. The Gambia’s decision to uphold the law criminalizing FGM can help galvanize further action across the region, encouraging the adoption and enforcement of similar laws,” Simiyu noted. “Conversely, had the law been repealed, it could have had a damaging ripple effect, undermining efforts to protect women and girls in other African nations.”
The retention of this law reinforces legal protections for Gambian women and girls, promoting their well-being. “While efforts to educate communities and engage religious leaders have shown some success, continuous public awareness campaigns are essential to fulfil The Gambia’s obligations under international and regional treaties that the country is a party to,” Simiyu added.
Upholding the law aligns with The Gambia’s commitments under several international and regional agreements, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the Maputo Protocol, and the African Charter on Human and Peoples’ Rights (ACHPR).
“While the decision to uphold the law is commendable, the fight against FGM is far from over, and we must continue to advocate for the rights and safety of women and girls,” Simiyu warned. “Strengthening legal frameworks, enhancing law enforcement capacity, supporting survivors, educating communities, and fostering collaboration between government entities, NGOs, and religious leaders are all crucial. Regional chiefs, ex-circumcisers, and diverse community representatives have shown that a united front is essential to ending FGM.”
Personal Experiences to the Cause
Samba’s journey into activism began in middle school in The Gambia. “I was selected to participate in a training on gender equity,” she recalls. “During that training, I learned about gender inequality, the rights of women and girls, and harmful cultural practices like FGM and child marriage.” This training gave Absa the language and context to understand the inequities she saw around her. “I realized why girls did all the chores while boys didn’t, and why many of my friends didn’t enjoy their rights to education.”
Determined to make a difference, Samba began working with organizations across The Gambia, speaking to communities about the harmful effects of FGM and advocating for girls’ rights to education. “It was during this time that I truly recognized the privilege of being in school and felt an obligation to speak up for other girls who didn’t have the same opportunities.”
Her perspective changed dramatically when she moved to the United States. There, Absa became an activist, helping to pass one of the most progressive anti-FGM laws in the country. However, her heart remained with the girls back in the Gambia, especially after the government there passed a law banning FGM in 2015. Now, with the threat of that law being repealed, Absa’s activism took on a renewed urgency.
The coalition’s success in Washington was largely due to centring the voices of survivors and impacted communities. “We learned that previous bills failed because they didn’t involve those most affected by FGM,” Absa says. “By working with survivors, activists, and local organizations, we drafted a bill that truly reflected the realities of those impacted by FGM.”
Cultural and Religious Influences
Absa firmly believes that no cultural or religious argument can justify FGM. “The World Health Organization states there are no medical benefits to FGM. The practice causes lifelong trauma and significant health, social, and economic implications,” she explains. “In The Gambia, both Islamic and Christian communities practice FGM, but it ultimately boils down to controlling women’s bodies. It’s time we put an end to that.”
Despite the ban, FGM remains prevalent in the Gambia, with about 75% of women having undergone the procedure. The recent debate over the proposed law to overturn the ban brought the issue back into the public spotlight, dividing villages, families, and even the parliament. Absa watched from afar, hopeful yet anxious.
Absa’s journey from a survivor to an advocate showcases the power of education and awareness. Her work continues, fuelled by the memory of her own painful experience and the hope for a better future for the girls of the Gambia. “Every girl deserves to grow up free from fear and violence,” she says. “That’s the world I’m fighting for.” [IDN-InDepthNews]
Image source: The Gambia Committee on Traditional Practices Affecting the Health of Women and Children (GAMCOTRAP).
