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Attempt to overturn the Gambia’s ban on FGM heard by supreme court

27 replies

IwantToRetire · 09/01/2026 17:14

A group of religious leaders and an MP in the Gambia have launched efforts to overturn a ban on female genital mutilation at the country’s supreme court.

The court case, due to resume this month, comes after two babies bled to death after undergoing FGM in the Gambia last year. Almameh Gibba, an MP and one of the plaintiffs, tabled a bill to decriminalise FGM that was rejected by the country’s parliament in 2024.

Activists and lawyers see this as the latest move in a backlash against women’s rights that is eroding gender protections across the world.

Fatou Baldeh, founder of the Gambian rights organisation Women in Liberation & Leadership, said: “FGM is a strong manifestation of violence against women that harms their physical and psychological health.

“If this issue is still being [debated at a national level], it shows us that women’s rights are really regressing. This is not an isolated issue – it’s part of a global regression on women’s rights.”

The Gambia has one of the highest rates of FGM in the world. Almost three-quarters of women between 15 and 49 have undergone the practice and nearly two-thirds of them were cut before the age of five.

Article continues at https://www.theguardian.com/global-development/2026/jan/09/the-gambia-female-genital-mutilation-fgm-supreme-court-case-overturn-ban

Attempt to overturn the Gambia’s ban on FGM heard by supreme court

Case brought by Muslim leaders and MP follows failed 2024 bid and seen as part of global anti-women’s rights backlash

https://www.theguardian.com/global-development/2026/jan/09/the-gambia-female-genital-mutilation-fgm-supreme-court-case-overturn-ban

OP posts:
IwantToRetire · 09/01/2026 18:22

ProfessorBinturong · 09/01/2026 17:44

And yet that BMA article suggested FGM bans were a culturally insensitive colonial imposition...

Do we know anything about the Gambian supreme court's views, and which way they might lean?

I have no idea, and hopefully as court they will look at the facts.

But also from a quick google, the ban is part of a law passed in 2015 on Women's Rights.

So the court case is, I assume, about whether what is said to be part of the country's culture is more important that women's rights.

Here is a summary from AI:

Female genital mutilation (FGM) is a widespread practice in The Gambia, where approximately 73% of women and girls aged 15-49 have undergone the procedure, often before the age of six. FGM has been illegal in The Gambia since 2015, and a recent attempt to repeal the ban was rejected by the National Assembly in July 2024, a major victory for women's rights activists.

Key Aspects of FGM in The Gambia

  • Prevalence: The Gambia has one of the highest FGM rates globally. The practice is deeply rooted in culture and tradition across most ethnic groups and is practiced by both Muslims and Christians, though not supported by core religious texts.
  • Legality: The Women's (Amendment) Act 2015 criminalized FGM, with penalties of up to three years in prison and/or fines, and life imprisonment if a girl dies as a result.
  • Enforcement Challenges: Despite the ban, enforcement has been limited, with only two prosecutions and one conviction reported up until 2023. The first conviction of three women in 2023 for cutting eight infants sparked a national debate.
  • Political and Social Debate: A strong lobby group, including an influential Imam who paid the fines for the convicted women, campaigned to decriminalize FGM, arguing it is a religious and cultural right. In March 2024, a bill to repeal the ban advanced in parliament, causing international outrage and a strong counter-campaign by human rights organizations and the UN. The bill was ultimately rejected in July 2024.
  • Health Consequences: FGM has no health benefits and causes severe immediate and long-term physical and psychological harm, including chronic pain, infections, difficult childbirth, and an increased risk of newborn death.
  • Activism: Local and international civil society organizations, such as the Gambia Committee on Traditional Practices Affecting the Health of Women and Children (GAMCOTRAP) and Safe Hands for Girls, are at the forefront of the fight to end the practice through awareness campaigns and advocacy.
The legal status of FGM remains secure for now, but the battle continues with a lawsuit challenging the ban currently at the Supreme Court. Activists stress the need for stronger law enforcement and continued community education to change ingrained social norms.
OP posts:
ProfessorBinturong · 09/01/2026 17:44

And yet that BMA article suggested FGM bans were a culturally insensitive colonial imposition...

Do we know anything about the Gambian supreme court's views, and which way they might lean?