FactSheet: How Gambian MPs Voted on Report Proposing FGM/C Ban be Maintained

Members of the Sixth Legislature (c) Yusef Taylor

By Yusef Taylor, @FlexDan_YT

The Gambia’s National Assembly adopted the Joint Committee’s Report on the Bill to Repeal the Ban on Female Genital Mutilation/Cutting (FGM/C) on Monday 8th July, 2024.

The day was already highly charged with the Speaker of the House, vacating his seat to receive a petition from protestors outside Parliament, before presiding over the presentation and voting process for the adoption of the Report by the Joint Committee of Health and Gender on the Women’s (Amendment) Bill, 2024.

FGM/C involves the partial or complete removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. According to the Women’s (Amendment) Act, 2015, the practice of FGM/C is punishable by a fine of up to D50,000 and or three years imprisonment, while failure to report the practice is also a punishable offence attracting a fine of D10,000.

After Almameh Gibba, the member for Foni Kansala, tabled the Bill to repeal the FGM/C Ban on March 19, Parliament voted 42 to 4 to commit the Women’s (Amendment) Bill, 2024 to the Joint Committee to scrutinise the Bill and consult stakeholders to collate their witness testimonies.

Interestingly enough, our research reveals that a good number of members of the Joint Committee voted against their own Committee Report on July 8.

The Gambia has 58 National Assembly Members, of which, 56 were present on the day the Joint Committee of Health and Gender submitted their Report for adoption.

To track Parliamentarians voting patterns, our reporter managed to access Parliament’s Record of Votes and Proceedings which revealed that 35 members voted in favour of the Report, which recommended for the ban on FGM/C to be maintained, while 17 members voted against the Report. However, six members did not participate in the voting process.

Voting Patterns for the Report

Parliament is divided into the Majority and Minority Caucus which is dominated by President Adama Barrow’s National People’s Party (NPP) as the Majority Caucus, and the opposition United Democratic Party (UDP) who lead the Minority Caucus. Generally, the voting was divided by the Majority who voted in favour of the Report’s adoption and the Minority who voted against the Report’s adoption.

Members Who Didn’t Vote

Six (6) members did not vote, and this includes the Speaker who presided over the voting process, two members who abstained from the National Reconciliation Party (NRP), and two members who were absent with permission from the Alliance for Patriotic Reorientation and Construction (APRC).

After watching the voting process, making enquiries and speaking to Yaya Menteng Sanyang, member for Latrikunda Sabiji, he confirmed that although he was in Chambers before the voting process, he left the chambers “to attend a lecture” by the time of the vote.

Members Voting Against the Report

Seventeen (17) Members voted against Parliament adopting the Report. This includes all five “No to Alliance Members” led by Almameh Gibba who is spearheading the proposal to repeal the law that outlawed FGM/C in The Gambia. The No to Alliance Movement is a group of Members who broke away from the APRC Party and contested as Independent Members and still maintain ties with former President Yahya Jammeh.

The rest of the members who voted against the report are UDP members. Interestingly, a number of members who were part of the Joint Committee voted against their own Report, they are Fatou Cham, Pa Dembo Sanneh, Amie Colley, Kebba Sanneh and Sulayman Saho.

On September 11 last year, UDP’s Saho, tabled the Matter of the Day on FGM/C, paving the way for Hon Almameh Gibba to table the Women’s (Amendment) Bill, 2024 which is also known as the “FGM/C Repeal Bill”.

Members Voting for the Report

Thirty – Five (35) Members voted in favour of the Report, including all NPP members, 10 Independent Members, 2 UDP Members, 2 Members of the People’s Democratic Organisation for Independence and Socialism (PDOIS) and 2 NRP Members. The two UDP members who voted for the report to be adopted are Modou Bah and Musa Badjie who are both members of the Joint Committee that prepared the report.

After the report was adopted, the next step is the Consideration Stage where the Report will be used to guide the review of the Bill on 15th July 2024. Lawmakers will review the bill clause by clause (the bill has just two clauses).

What The Report Says

The Joint Committee Report has nine recommendations which are reproduced below:

  1. That the Women (Amendment) Act, 2015 should be maintained to prohibit female circumcision in all forms whether genital mutilation or cutting in The Gambia.

  2. Protect Women’s Health and Well-being: Repealing the ban on FGM/C would expose women and girls to severe health risks and violate their right to physical and mental well-being. The practice of FGM/C has been consistently linked to numerous health complications, including chronic pain, infections, obstetric risks, and psychological trauma. Preserving the ban is essential for safeguarding the health and dignity of women and girls in The Gambia.

  3. Promote Gender Equality and Social Development: The continuation of FGM/C perpetuates harmful gender inequalities and discrimination against women and girls. By maintaining the ban, The Gambia can reaffirm its commitment to gender equality and promote social development by challenging harmful cultural norms and practices. Rejecting the repeal of the FGM/C ban is crucial for fostering an inclusive society where everyone can thrive free from violence and discrimination.

  4. Legal Support and Protection: Girls and women who are at risk or have undergone FGM/C should have access to legal support and protection. This includes access to shelters, counselling, and other support services.

  5. Research and Data Collection: Continued research and data collection are necessary to understand the prevalence of FGM/C, its impact on individuals and communities, and the effectiveness of interventions aimed at preventing and addressing it.

  6. Legislation and Policy: Government should enforce law as well as issue clear policy directives prohibiting FGM/C and provide continued legal protections for girls and women at risk.

  7. Awareness and Education: Comprehensive public awareness campaigns and educational programmes should be implemented to raise awareness about the harmful effects of FGM/C and promote gender equality and women’s rights.

  8. Healthcare Interventions: Healthcare providers should be trained to recognise and address the physical and psychological consequences of FGM/C. They should also provide support and medical care for girls and women who have undergone FGM/C.

  9. To clearly ban any attempt to medicalize the practice of FGM/C.

The proposal to lift the ban on FGM/C was first tabled before the National Assembly on September 11, 2023, with some lawmakers in support of the Women’s (Ammendment) Bill, 2024 calling for the harmful traditional practice to be made “a matter of choice”.

This article was first published on FactCheckGambia.org in the link: https://factcheckgambia.org/factsheet-how-gambia-mps-voted-on-report-proposing-fgm-c-ban-be-maintained/

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