By Landing Ceesay
The Civil Society Organization Coalition (CSO) Against Female Genital Mutilation (FGM) has issued a fervent call to the National Assembly Members (NAMs), urging them to maintain the Anti-FGM Law and oppose a proposed Bill aiming to legalize the practice.
Mr. Fallu Sowe, the National Coordinator of the Network Against Gender-Based Violence, emphasized the importance of NAMs honoring their obligation to safeguard the rights and well-being of all citizens, regardless of gender, religious beliefs, or any other status. He urged them to vote against the repeal of the Women’s Amendment Act 2015.
“We want to also call the primary duty bearers, which is the government of the Gambia to take a stand to uphold, protect, and promote the rights of women and girls, by protecting and enforcing all the laws that protect women and girls from violence and harmful traditional practices particularly Women Amendment Act 2015.
“We also want to inform the public that we are not against Islam, but we are against traditional practices that are harmful to our women and girls, and we request the support of communities, and religious leaders, to end harmful practices and all forms of violence against women and children in our communities,” Mr. Sowe told the Journalists.
Mr. Sowe expressed these sentiments during a Press Conference organized by the CSO Coalition Against FGM, preceding the second reading of the Women’s Amendment Act 2015 Repeal Bill.
Awa Joof-Peters, serving as the spokesperson for the Female Lawyers Association of the Gambia (FLAG), conveyed to reporters that maintaining the prohibition on FGM/C corresponds with The Gambia’s obligations under international law, showcasing its steadfast commitment to promoting the human rights of women and girls within the nation.
“Female Genital Mutilation/ Cutting (FGM/C) violates human rights, including the rights to health, security, and physical integrity of women and girls. As a country, we are bound by International human rights treaties and conventions that Condemn FGM/C as human rights violations, especially human rights treaties, and conventions that the Gambia is a signatory to.
“These include the Convention on the Rights of Children, the Maputo Protocol, and many other International human rights treaties and conventions. After many years of evidence-based research and advocacy, in 2015 the Parliament passed the law to ban the harmful practice. This ban on FGM/C in the Gambia was an important step towards safeguarding the rights and dignity of women and girls in the Gambia. But now the law is under threat and the Female Lawyers Association of the Gambia is totally against the repeal of this law. We urge the National Assembly Members not to touch the law,” Mrs. Joof-Peters said. Echoing these sentiments, Mr. Emanuel Daniel Joof, Chairman of the National Human Rights Commission (NHRC), opposed the repeal bill, citing international treaties and regional conventions that condemn harmful practices like FGM. He emphasized the need to protect vulnerable individuals from such practices.
“The Gambia is not a country in isolation. We are signatories to many International treaties and regional conventions which obligates the Gambia to do away with harmful practices. Not only have we subscribed to these International treaties, but one of them is actually the Maputo Protocol. I need to say this because a lot of people are saying that this is a Western idea, but the Maputo Protocol is our African convention.
“Over the years, research that has been conducted revealed that FGM is a health hazard to women. It is also performed on children who do not have a choice, and they are vulnerable. The research is there both the country research and international research showing the harmful practices,” Chairman Joof told the Journalists.
The Chairman of the NHRC emphasized that any cultural practices deemed harmful are legally unacceptable and should be eradicated.
Joof, the Chairman, highlighted that the prohibition of FGM in the Gambia was grounded in thorough research and evidence.
“It is very easy for people to say it is our culture. In every country, if you look at their laws, it talk about cultural practices. But that is never absolute because culture is dynamic. So any culture that affects the health of citizens, that culture cannot stand the test of time. In some cultural practices in Africa, twins are killed because they thought it is an abomination. In some cultural practices, Albinos are killed or gotten rid of. So culture is dynamic in every society.
“As Lawyers, we all know any culture that is repugnant or that is proven to be harmful cannot stand the test of time. It is the duty of the State to protect, promote, and prevent harm towards women and children in this country. The National Assembly Members are the guidance of human rights and the rule of law. They have supervised jurisdiction over us to the extent that when a law comes before, then one of the things they should always do is to make sure that human rights are streamlined. So therefore it is shocking that a private Members bill is even emanating that is setting us back. Criminalizing FGM did just come like that, it was based on evidence,” the NHRC chairman stated.
Imam Baba Leigh, a religious leader advocating against the repeal, emphasized that circumcision should be performed by medical professionals rather than individuals lacking medical expertise. He also challenged the authenticity of the Hadith cited by religious leaders supporting the repeal, asserting that it does not hold validity.
“The Hadith they are using, they know it better than I do. It is not an authenticated Hadith. But still, they are saying it can be used. There is an authenticated Hadith that they all know as I know it. Which states that leave what is not clear to you and go for the one that is very clear to you. Especially on someone’s body. Historically, we all know where it originated from,” Imam Baba Leigh said.