By: Sering Mass Jallow
A coalition of civil society organisations (CSOs) campaigning against Female Genital Mutilation (FGM) has firmly rejected a constitutional petition before the Supreme Court seeking to invalidate The Gambia’s ban on the practice.
In a press statement issued with what it described as “deep concern,” the coalition dismissed the legal challenge targeting Sections 32A and 32B of the Women’s Act, 2010, as amended in 2015, which criminalises FGM in The Gambia.
The group described FGM as a severe form of gender-based violence against women and girls, warning that the practice causes irreversible physical and psychological harm. According to the coalition, FGM has no medical benefit and exposes victims to pain, excessive bleeding, infections, infertility, and, in some cases, death.
Citing recent tragic incidents, the coalition referred to the deaths of a one-month-old baby and a one-week-old infant, which it linked to the practice. It stressed that the current legal debate is not abstract or theoretical.
“This is a matter of life and death for Gambian girls and a severe violation of children’s rights,” the statement noted.
The coalition emphasizes that protecting women and girls from FGM is both a constitutional obligation of the state and a moral responsibility of society. It called on the government, as the primary duty bearer, to uphold its responsibility to prevent the practice, protect potential victims, and ensure the investigation and prosecution of those who carry it out.
From a legal perspective, the coalition argues that FGM violates fundamental rights guaranteed under the constitution, including the right to dignity, bodily integrity, health, and freedom from discrimination. It further points out that The Gambia is bound by several international and regional human rights instruments that prohibit harmful practices.
These include the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the African Union’s Maputo Protocol, and the Convention on the Rights of the Child, all of which require states to eliminate practices that endanger the well-being and development of women and children.
The coalition rejects claims that opposition to FGM amounts to an attack on culture or religion.
“We reaffirm that the fight against FGM is not a fight against culture or religion, but a fight for life, dignity and equality,” the statement highlighted.
FGM has long been a deeply rooted cultural practice in parts of The Gambia, but it has increasingly come under strong criticism from rights groups and activists, particularly since the passage of the 2015 amendment banning the practice.
The coalition says it remains committed to ensuring that women and girls enjoy their full rights and are protected from all forms of gender-based violence, describing the preservation of the FGM ban as essential to safeguarding the country’s democratic and human rights gains.
