Why Gambia Fgm Ban Battle Is Far From Over

Why Gambia Fgm Ban Battle Is Far From Over

The Gambia is on the verge of a decision that could alter the lives of hundreds of thousands of young girls. Right now, the country's Supreme Court is weighing a massive constitutional challenge to the 2015 ban on female genital mutilation (FGM). Traditionalists and religious hardliners, backed by the Gambia Supreme Islamic Council, want the ban thrown out. They argue it violates their constitutional rights to cultural and religious freedom.

But for mothers on the ground, this is not an abstract debate about constitutional law. It is a terrifying reality. If the court strikes down the ban, it will greenlight a practice that has already caused immeasurable physical and psychological trauma to generations of Gambian women.

The Backlash Against Women's Rights

The current legal battle follows a chaotic political saga. In 2024, conservative lawmakers tried to repeal the anti-FGM law through parliament. They failed. Civil society organizations, survivors, and international watchdogs rallied hard, forcing the National Assembly to uphold the ban.

They didn't stop there. Rebuffed by parliament, the pro-cutting faction took their fight straight to the highest court.

This isn't an isolated local dispute. It's a symptom of a global backlash against women’s rights. If the Supreme Court rules against the ban, The Gambia risks setting a horrific international precedent. No country has ever successfully legalized FGM after banning it.

What the Debate Ignores

Proponents of the practice love to frame this as a defense of Islam and traditional values. They claim that minor modifications—often referred to as the "medicalization" of FGM—can make it safe and keep it pure.

That's a lie. The World Health Organization (WHO) is clear: there is no medical justification for FGM. None. It provides zero health benefits and carries massive, lifelong risks.

In Gambia, the practice usually involves Type 2 FGM, where tissue is violently excised. About 12 percent of victims are sewn shut. It is performed mostly on infants and toddlers under the age of five. According to the 2019-2020 Demographic and Health Survey, an astonishing 65 percent of Gambian girls are cut before their fifth birthday.

The medical reality is brutal:

  • Severe bleeding and fatal infections.
  • The formation of painful scar tissue that obstructs childbirth, leading to fistula or obstetric shock.
  • Increased risk of stillbirth and maternal mortality.
  • Deep psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).

Just last year, a three-month-old baby girl bled to death following a secret FGM procedure in a village near the capital, Banjul. That is what the "defense of tradition" looks like in practice.

Why Laws Alone Aren't Saving Girls

The 2015 ban was a massive milestone. It aligned The Gambia with international human rights frameworks like the Maputo Protocol. But passing a law is easy; enforcing it in a deeply traditional society is another story.

Since 2015, prosecutions have been incredibly rare. The very first convictions didn't happen until August 2023, when three women were fined for cutting eight young girls. Even then, a prominent local cleric publicly raised funds to pay their fines, openly defying the legal system.

When mothers try to use the law to protect their children, the system often fails them. It's common for girls to be taken by extended family members or paternal grandmothers to be cut without the mother's consent. Mothers who turn to local police are frequently turned away and told that it's a private "family matter."

The law has acted as a vital deterrent, giving progressive parents a reason to say no to societal pressure. If the Supreme Court weakens this legal shield, that social pressure will intensify, leaving protective mothers completely isolated.

The Path Forward

A courtroom victory alone won't end FGM. True eradication requires shifting the cultural landscape so that families don't feel they must choose between a girl's physical integrity and her social acceptance.

Community Dialogues

Change happens when local leaders alter their stance. Organizations like Tostan have successfully run community-led educational programs. When former practitioners and local elders learn about the severe health risks, they frequently lead collective community declarations to abandon the practice.

Grassroots Support for Mothers

Mothers need safe networks to report threats to their daughters. Protecting a child shouldn't mean facing total social ostracization or marital abandonment.

Training Healthcare Providers

Hospitals must be equipped to handle the horrific obstetric complications caused by FGM. UNFPA-backed programs are currently training midwives to manage obstructed labor caused by scar tissue, saving the lives of young mothers and their newborns.

The Gambian government has a stated goal to eliminate FGM by 2030. Achieving that requires more than just defending the law in court. It demands a fully funded, aggressive push to change minds in every village, mosque, and clinic across the nation.

WP

Wei Price

Wei Price excels at making complicated information accessible, turning dense research into clear narratives that engage diverse audiences.