The Gambia’s FGM Ban Faces Supreme Court Challenge Amidst Global Backlash Against Women’s Rights

The Gambia is at a critical juncture in its fight against female genital mutilation (FGM), as its 2015 ban faces a legal challenge in the Supreme Court. This case arrives amidst a concerning global trend of eroding protections for women’s rights, and follows a failed attempt to decriminalize the practice in 2024. The legal battle highlights the complex interplay of religious beliefs, cultural traditions, and the fundamental rights of women and girls.

A Practice Rooted in Tradition, Fraught with Harm

FGM, recognized by the UN and World Health Organization as a violation of human rights, involves the partial or total removal of external female genitalia. In The Gambia, almost 75% of women between the ages of 15 and 49 have undergone the procedure, often during infancy . The practice can lead to severe health consequences, including infections, bleeding, urinary problems, sexual dysfunction, complications during childbirth, and even death.

The Case for and Against the Ban

The current legal challenge is brought forth by a group of religious leaders and an MP, arguing that FGM is an essential religious and cultural freedom. Imam Kalipha Dampha, of the Gambia Supreme Islamic Council, asserts that “female circumcision is part of our religious beliefs” and that blocking it infringes upon religious freedom . However, activists like Oumie Jagne, programme coordinator at Think Young Women, strongly reject this claim, stating that “FGM is not a religious requirement, neither is it an obligation” under Islam .

Personal Stories of Suffering and Loss

The devastating impact of FGM is powerfully illustrated through the experiences of Gambian women. Sanyang, age 30, recounts a traumatic experience at age six, describing a procedure where “everything was removed” and hearing the cries of other girls . She now experiences significant pain during menstruation and intimacy. Jaha Dukureh, a regional UN Women ambassador for Africa and founder of Safe Hands for Girls, witnessed her one-week-old sister bleed to death following FGM in the 1990s . Mariama Fatajo, 28, suffered severe tears during the births of her two children due to FGM, leading her to forgo future pregnancies.

Limited Enforcement and a Recent Backlash

Despite the 2015 ban, prosecutions for FGM in The Gambia have been rare. Fewer than a dozen cases were prosecuted before 2023, with the first convictions occurring that year . Following these convictions, lawmaker Almameh Gibba introduced legislation to decriminalize FGM, which was ultimately rejected by Parliament in July 2024. This prompted the current challenge in the Supreme Court.

The Need for Holistic Solutions

Catherine Mootian, a survivor of FGM in Kenya and director of AfyAfrica, emphasizes that simply banning FGM is not enough. Justice requires providing healing, protection, therapy, social support, and accountability for perpetrators . Tony Mwebia, director of Men Complete FGM, highlights the crucial role of men in ending the practice, noting that their expectations and beliefs often drive the continuation of FGM, even when it is illegal . Changing men’s attitudes and ensuring girls are not excluded from marriage, security, and social belonging if they refuse FGM are vital steps towards eradication.

The outcome of this Supreme Court case will have profound implications for the future of FGM in The Gambia and could signal a broader shift in the global fight for women’s rights.