NHRC Expresses Concern Over Moves to Repeal Women’s Act

By: Haddy Touray

The National Human Rights Commission (NHRC) has expressed concern over attempts to repeal the Women’s Act that prohibits FGM/C in The Gambia.

The NHRC said it was concerned by the 6th February public notice from the Office of the Clerk of the National Assembly, regarding a private member bill that seeks to repeal the anti-FGM/C Women’s Act (2015).

The commission said it considers FGM/C as not just a health issue but also 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. 

“The World Health Organisation, UNICEF, and national research conducted in-country have also revealed the profound health impact of FGM/C on our women and girls.Thus, this proposed Women’s (Amendment) Bill 2024 is an attempt to roll back many years of advocacy, awareness raising, and struggle by women’s rights organizations and defenders which led to the eventual legal prohibition of FGM/C in the country,” NHRC highlighted in a statement.

The Commission said it recognizes that FGM/C is a complex and emotive issue, adding that people have the right to practice their culture and religion.

“It is universally accepted that these rights are not absolute and cannot be invoked to violate human rights,” it added. 

“As a party to several international and regional conventions and treaties such as the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol, The Gambia is therefore obliged to safeguard the fundamental rights of women and girls from harmful traditional practices.

“The repeal of the Women’s (Amendment) Act 2015 would be a serious derogation from the Gambia’s obligations to respect, protect, and fulfill the rights of women and girls,” said the commission. 

It expressed resolve to continue to engage the relevant government ministries with remit to protect the rights and well-being of women and children on this matter.

“We have also written to all the Political Party Leaders with representatives in the National Assembly, and reiterated their duty to advance the rights of women and girls and solicited their support to ensure that their National Assembly Members do not vote for the Women’s (Amendment) Bill 2024,” the NHRC statement read. 

“The Commission wishes to again remind the Government of its obligations to respect, protect and fulfill the rights of women and girls, to vigorously enforce the Women’s (Amendment) Act 2015, to put in place educational and other measures towards the full abandonment of FGM/C in the country and implement the 2022 Concluding Observations of the 6th CEDAW Periodic Report,” added the statement. 

NHRC said it shall continue to remain committed to the protection of the rights of women and girls.