Nigeria: Gambia's Anti-FGM Success - a Model for Nigeria's VAPP Act Enforcement

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A historic victory was achieved in The Gambia in July 2024 as members of parliament voted overwhelmingly to retain the law prohibiting female genital mutilation (FGM). This marked a significant triumph for campaigners fighting to protect women and girls' rights, a decision that serves as a powerful inspiration to neighbouring countries, including Nigeria, which can draw from The Gambia's commitment to safeguarding women's well-being by upholding the Violence Against Persons (Prohibition) Act -- which also criminalises the practice of FGM.

"We stood on the right side of history one more time. We have shown that even if they burn down this country, we will rebuild to protect our women and girls. We won for the Gambia," Jaha Dukureh, an FGM survivor and founder of Safe Hands for Girls, said.

For years, FGM -- the partial or total removal of external female genitalia -- has been a pressing issue in the Gambia, with many advocates calling for stronger legislation to protect those at risk. The initial ban on FGM in 2015 was a significant step towards eliminating the harmful practice. However, in February 2024, lawmakers in Gambia pushed back against criminalising FGM practices. Prominent figures also defended the tradition, distinguishing it from mutilation.

The Gambia ranks 9th globally in FGM prevalence, with 73% of women aged 15-49 having experienced this harmful practice. It is almost the same in Nigeria, which ranks third. This disturbing reality is compounded by the fact that most victims experience FGM before the age of 5.

From Gambia to Nigeria, women's rights are facing threats

Since 2010, The Gambia has made significant strides in advancing women's rights, starting with the passage of the Women's Act, which addressed gender-based violence and promoted gender equality. However, advocates quickly identified gaps in the legislation, notably the absence of a clear prohibition against FGM, which is a prominent problem in the country. In response, the Women's Act was amended in 2015 to explicitly prohibit FGM, marking a major victory for human rights activists. This amendment introduced specific provisions outlawing FGM, imposing penalties ranging from 3 years imprisonment to a fine of D50,000 or both and life imprisonment in cases resulting in death.

Similarly, Nigeria's Violence Against Persons (Prohibition) Act, known as the VAPP Act, strongly opposes FGM, prohibiting the practice and prescribing penalties for offenders. Under Section 6, individuals found guilty of performing FGM face imprisonment for up to 4 years or a fine of N200,000. Repeat offenders may receive 10 years' imprisonment or a fine of N500,000. The Act also protects victims' rights, ensuring confidentiality, medical treatment, and counselling.

The Gambia's anti-FGM law, once shielded under former President Yahya Jammeh's regime, has faced intense criticism since Jammeh's departure. Various groups, including pro-FGM advocates, religious leaders, legislators, cultural proponents, and traditionalists, have openly challenged the law's provisions. One critic of the law is Almameh Gibba, a lawmaker from Foni Kansala District -- a region known for practising FGM. Gibba introduced a bill in February 2024 to repeal the anti-FGM law, citing violations of cultural and religious freedoms protected by the 1997 Constitution.

Gibba's bill argues that the current ban infringes upon citizens' rights to practice their culture and religion. However, anti-FGM advocates strongly opposed the repeal, highlighting the harmful physical and psychological effects of FGM on girls and women. The World Health Organisation (WHO) also emphasises that FGM has no health benefits and can lead to serious medical problems.

In a similar manner, the proposed repeal of Nigeria's VAPP Act has sparked widespread concern among women's rights advocates. The bill to repeal and re-enact the VAPP Act has already passed the second reading in the Senate, with proponents arguing that the existing law requires revision to address emerging issues and improve effectiveness. However, critics contend that the repeal would undermine progress made in combating gender-based violence, potentially weakening provisions against harmful practices and putting vulnerable individuals at risk. Stakeholders, including women's rights organisations, are currently advocating for the preservation of the VAPP Act's essential provisions as the bill undergoes further review by the Senate committee.

Survivors on the front lines of the fight

Fatou Baldeh, founder and CEO of Women in Liberation and Leadership (WILL) and a survivor of female genital mutilation (FGM), vividly recalls her traumatic experience at the age of eight. Along with eight cousins, she was taken to their uncle's house in Sintet village, Foni Jarrol District, West Coast Region, where they underwent FGM using a single knife, unaware of the lifelong physical and emotional scars that would follow.

In the aftermath, Fatou and her cousins endured a painful recovery process, subjected to daily soaking in warm salted water as a traditional healing and disinfection method. "I can vividly remember this routine," she says. After weeks of recovery in the bush, they were brought back to their families with much celebration, as they were seen to have fulfilled an important religious and traditional rite.

This harrowing ordeal has fuelled Fatou's determination to combat FGM through her work at WILL, empowering women and girls to break free from harmful cultural practices.

During Fatou's education in the United Kingdom (UK), she began to understand FGM as a form of gender-based violence, recognising the harmful nature of this deeply ingrained cultural practice. Initially, she struggled with this realisation, as FGM was never presented to her as a form of violence while growing up, "I never realised the extent of the harm until I conducted my research."

Despite its prominence, talking about FGM remains a taboo in The Gambia and advocating against it requires great courage, as it challenges deeply ingrained cultural norms. "This threat silences many victims and survivors," Fatou explained. She also speaks out about the short and long-term health complications she has had to face as a survivor, including infections and complications during childbirth.

Dr Isatou Touray, the former Vice President of The Gambia and a survivor of FGM, condemned the recent attempt to repeal. She criticised "unprogressive religious scholars" who falsely link FGM to Islam despite its pre-Islamic origins; the advocate emphasised that this harmful practice is rooted in patriarchal values aimed at controlling women's bodies and sexuality.

Dr Touray, who is also the Executive Director of Gamcotrap, stated, "I was cut, but my daughter and granddaughters were not. We can end this practice within a generation," adding that survivors speaking out is crucial because evidence-based testimonies are key to dispelling myths and misinformation.

"Who is better to provide this evidence than the survivors themselves?" she asked. Gamcotrap, under Dr Touray's leadership, has reached over 1,000 communities across the country. She said that she envisions The Gambia as a leader in the fight against FGM by 2030, with continued support and resources.

Through survivor's advocacy, 208 traditional cutters abandoned FGM in exchange for alternative livelihoods such as animal rearing, horticulture, baking, and crafts, helping to reduce the harmful practice.

Steps towards the fight against FGM

Fatou Baldeh of WILL outlined the organisation's advocacy approach to combat FGM, emphasising community-centric strategies. WILL employs community dialogues and sensitisation campaigns and collaborates with survivors, social media influencers, healthcare professionals, religious leaders, and village chiefs to disseminate critical information about FGM's dangers. Recognising the importance of cultural sensitivity, Baldeh highlighted WILL's thoughtful approach, "we are here to engage in dialogue, not to disrupt traditions, but to address the critical challenges FGM poses to girls and women."

One of WILL's success stories is when the organisation prevented a 15-year-old girl in the Central River Region from getting cut. She was misled by a religious leader's false claim that her clitoris would enlarge dangerously during childbirth unless cut. However, WILL's swift action rescued her, empowering her to become an outspoken advocate against FGM. Not only has she convinced her mother to spare her younger sisters from the practice, but she now also actively campaigns to protect other girls from suffering the same harm

Another strategy WILL has employed is creating safe spaces where women learn about their sexual and reproductive rights. " Women and girls need to know their bodies," she said. WILL also engages men in informal group discussions, recognising the role of men as decision-makers in many households.

On the policy front, WILL collaborated with policymakers, lobbies influential leaders, and international partners to ensure that the Gambian government upholds its national and international obligations to protect the rights of women and girls. The organisation leveraged the country's commitment to international treaties such as the Maputo Protocols and the UN Convention for Elimination of All Forms of Discrimination Against Women.

Dr Touray, The Gambia's former vice president, also utilised years of campaigning for anti-FGM and gender-based violence laws, urging the Gambian government to enforce these laws through hosting community dialogues nationwide. Dr. Touray is actively recruiting and training young advocates to sustain the campaign.

Anti-FGM movement activists also crafted position papers and facilitated a fact-finding mission to Al-Azhar University in Egypt. By leveraging expertise from the university, a renowned institution in Islamic scholarship, activists effectively countered misconceptions and myths surrounding FGM, demonstrating that the practice is not supported by religious doctrine. This persuaded lawmakers to uphold The Gambia's anti-FGM law in July 2024 and was sealed when lawmakers urged the government to enforce the law.

Lessons for Nigeria to uphold the VAPP Act

The Gambia's decision to retain the ban on FGM offers valuable lessons for Nigeria in upholding its VAPP Act.

However, despite progress, The Gambia's experience highlights persistent challenges, including inadequate enforcement, cultural, economic, and religious barriers, insufficient funding, limited mobility, and safety threats faced by anti-FGM activists. Nigeria can draw from these challenges to strengthen its efforts, prioritising effective enforcement, addressing harmful cultural and religious norms, providing sustainable funding, and ensuring activist safety.

Nigeria can also use modern technologies to engage the younger generation and amplify anti-FGM messages. Collaborating with international donors can pressure state authorities to enforce laws rigorously and ensure advocate safety. Maintaining dialogue with diverse stakeholders -- women, girls, boys, men, religious leaders, the state, and community elders -- is fundamental for collective action.

Local CSOs like WARIF, TechHer, and WARDC play a crucial role in advocating against FGM in Nigeria by raising awareness, providing support to survivors, and driving policy implementation and change. Their efforts and that of grassroots organisations is critical in protecting women's rights and dignity. Repealing the VAPP Act would undermine these protections and endanger women. Instead, addressing gaps through amendments is necessary to ensure robust safeguards against GBV and uphold women's rights and dignity in Nigeria.

Using social media to amplify survivor testimonials and advocacy campaigns can build understanding and mobilise action. Many anti-FGM activists agree that involving survivors in the fight can make a difference as their insights provide essential evidence-based perspectives on the practice.

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