The Gambia: FGM Is Still There, Despite The Laws To Ban It
21 December 2024Female Genital Mutilation (FGM) remains a significant issue in The Gambia, with deep-rooted cultural and religious practices influencing its prevalence. This blog provides an overview of the current situation, recent legislative developments, and ongoing efforts to combat FGM in the country.
Prevalence of FGM in The Gambia
FGM is widely practiced across The Gambia, affecting a substantial portion of the female population. According to data from the Female Genital Mutilation/Cutting Research Initiative, the prevalence among women aged 15–49 is approximately 74.9%. Notably, the practice is more common in rural areas, with regions like Basse reporting prevalence rates as high as 95%. In contrast, urban areas such as Banjul have lower rates, around 48.8%. The majority of FGM procedures are performed on girls before the age of five, with 'cut, flesh removed' being the most common type practiced.
Legal Framework and Recent Legislative Developments
In 2015, The Gambia implemented a ban on FGM, criminalizing the practice with penalties including fines and imprisonment. Despite this legal prohibition, enforcement has been limited, with only a few prosecutions recorded since the ban's inception. In recent years, there has been a resurgence of debate surrounding the legality of FGM. In March 2024, a bill aimed at lifting the ban was introduced in the National Assembly, sparking significant public discourse. However, in July 2024, Gambian lawmakers voted to maintain the ban, rejecting the bill that sought to overturn the 2015 prohibition.
Cultural and Religious Influences
The persistence of FGM in The Gambia is deeply intertwined with cultural and religious beliefs. Some communities view the practice as a rite of passage and a prerequisite for marriage, associating it with notions of purity and social acceptance. Religious leaders have played pivotal roles in both advocating for and against the practice. For instance, in 2023, influential Imam Abdoulie Fatty campaigned for lifting the ban, reflecting the complex interplay between religious authority and cultural practices.
Health Implications and Human Rights Concerns
FGM poses severe health risks, including excessive bleeding, infections, complications in childbirth, and long-term psychological trauma. International organizations, including the United Nations and the World Health Organization, classify FGM as a violation of human rights, emphasizing the need for its eradication. Efforts to combat FGM in The Gambia have been supported by various local and international NGOs, focusing on education, advocacy, and community engagement to shift perceptions and reduce the prevalence of the practice.
In The Gambia, female genital mutilation (FGM) is predominantly carried out by traditional practitioners, often older women within the community who are considered custodians of cultural and religious traditions. These practitioners, sometimes referred to as "circumcisers" or "cutters," perform FGM as part of a rite of passage for young girls. Here’s a closer look at who is involved:
Key Groups Involved in FGM in The Gambia
Traditional Circumcisers
- Women entrusted by their communities to uphold the practice of FGM.
- Often inherit the role, which is considered a position of respect and authority.
- Procedures are typically conducted in non-medical settings, such as family homes or community spaces, using rudimentary and unsterilized tools.
Family Members
- Parents or other family members, particularly mothers and grandmothers, are often the ones who arrange for FGM to be performed on their daughters.
- Families see the practice as a way to secure their daughters’ social acceptance, marriage prospects, and adherence to cultural norms.
Religious and Community Leaders
- Some religious leaders and elders advocate for FGM, citing cultural or misinterpreted religious beliefs.
- Their influence often perpetuates the practice, making it difficult for anti-FGM campaigns to gain traction in certain regions.
Cross-Border Practitioners
- In areas near The Gambia's borders with Senegal and Guinea-Bissau, cross-border practitioners often conduct FGM.
- These practitioners travel to meet the demand, especially since neighboring countries may have stricter enforcement of anti-FGM laws.
Cultural and Religious Context
Cultural Tradition: FGM is viewed as a rite of passage into womanhood and is tied to ideas of purity, marriageability, and cultural identity.
Religious Misconceptions: While FGM is not mandated by Islam, some communities in The Gambia associate it with religious practice, perpetuating its prevalence.
Gambian authorities have laws in place to punish those who perform FGM, but enforcement remains inconsistent. The legal framework includes criminal penalties for practicing FGM, but challenges in implementation and cultural resistance often hinder accountability.
Legal Framework Against FGM in The Gambia
The 2015 FGM Ban
- In December 2015, the Gambian government introduced a law criminalizing FGM.
- Penalties: Those found guilty of performing FGM face up to three years in prison or a fine of 50,000 dalasi (approximately $900). If the procedure results in death, the penalty increases to life imprisonment.
- The law applies to anyone who directly engages in, aids, or abets the practice.
The Children’s Act of 2005
- The law prohibits harmful traditional practices, including FGM, under its provisions protecting children’s rights.
Enforcement Challenges
Despite the legal framework, enforcement of anti-FGM laws in The Gambia faces several obstacles:
Cultural Resistance:
- FGM is deeply rooted in cultural and religious practices, making enforcement controversial in some communities.
- Many people see FGM as a cultural tradition, and authorities are often reluctant to intervene in these sensitive matters.
Limited Reporting:
- Cases of FGM are rarely reported due to fear of reprisal, stigma, or lack of awareness of the law.
- Many families and communities maintain secrecy to protect those involved in performing the procedure.
Insufficient Resources:
- Law enforcement agencies often lack the resources, training, and support needed to investigate and prosecute FGM cases effectively.
Community Opposition to the Ban:
- Some political and religious leaders have expressed opposition to the law, complicating its enforcement. For example, there were recent legislative efforts to lift the ban on FGM, which were narrowly defeated in 2024.
Instances of Punishment
While prosecutions have occurred, they remain limited:
- In the years following the 2015 ban, only a few cases of FGM-related arrests or prosecutions were reported.
- In many cases, the government has focused on education and awareness campaigns rather than strict legal enforcement, aiming to change societal attitudes toward FGM.
Efforts to Strengthen Enforcement
- Community Engagement: Authorities collaborate with local leaders and NGOs to educate communities about the health risks and legal consequences of FGM.
- Empowering Survivors: Survivors and anti-FGM advocates are increasingly raising awareness and reporting cases to authorities.
- Monitoring Cross-Border Practices: Efforts have been made to address cross-border FGM practices where practitioners travel to perform FGM in areas with weaker enforcement.
Conclusion
While Gambian authorities have laws to punish those performing FGM, enforcement remains inconsistent due to cultural, social, and systemic barriers. A combination of legal action, education, and community engagement is critical to reducing the prevalence of FGM and ensuring justice for those affected. Continued efforts to raise awareness and empower local communities are essential to effectively implementing the anti-FGM laws.