Shock and uproar in Gambia after an infant's death due to female genital mutilation procedure - Tragedy Strikes Gambia Following Infant's Death Resulting from Female Genital Mutilation
In the West African nation of Gambia, a significant legal battle is underway as the Supreme Court reviews the constitutionality of the country's ban on female genital mutilation (FGM). This ban, enacted under the Women's (Amendment) Act, 2015, criminalizes the practice, which has been a subject of ongoing debates and societal opposition despite its illegality.
The recent developments come in the wake of a tragic incident in the capital, Banjul, where a one-month-old baby girl bled to death on Sunday, following an alleged circumcision procedure. Two suspected women have been arrested in connection with the case, which has intensified calls from human rights advocates and international organizations to enforce the law strictly and end FGM altogether.
The Gambian government's commitment to eradicating FGM is evident, as seen in the prosecution of three women in 2025 for the death of a one-month-old girl who underwent FGM, marking the first such prosecution since the ban was upheld by parliament. However, a Member of Parliament in Gambia is currently contesting the constitutionality of the 2015 ban, seeking to overturn the law in the Supreme Court.
If the Supreme Court were to declare the FGM ban unconstitutional, the potential implications could be severe. The legal prohibition against FGM would be nullified, possibly leading to the resumption or increased secrecy of the practice in the absence of criminal penalties. This could undermine decades of human rights progress and efforts to protect girls and women from this harmful practice, reversing public health gains and exposing more girls to serious health risks and fatal outcomes.
Moreover, human rights organizations and civil society groups may face challenges in advocacy, and the government’s commitments under international treaties protecting women's and children's rights—such as the African Charter on the Rights and Welfare of the Child and the Maputo Protocol—would be jeopardized if domestic law allows FGM again.
Lawyer Simiyu predicts that if the Supreme Court rules the FGM ban law unconstitutional, "serious negative impacts on the wellbeing of women and girls, leaving them without legal protection." The outcome of this case will critically influence the nation's future stance on this human rights issue and could either reinforce or severely weaken protections against FGM.
It is essential to note that FGM remains prevalent in Gambia, despite it being officially illegal. According to a 2024 UNICEF report, Gambia has one of the highest FGM rates globally, with 73% of women and girls aged 15-49 having undergone the procedure. The incident involving the one-month-old baby's death occurred in the western town of Wellingara.
The global impact of FGM is alarming, with around 44,320 girls and young women worldwide dying annually due to the practice, according to a 2023 UK study. FGM can involve partial or total removal of the clitoris and labia minora, as well as narrowing of the vaginal opening. The procedure can cause fatal bleeding or infections and lead to long-term effects like infertility, birth complications, stillbirths, and painful intercourse.
As the Supreme Court of Gambia deliberates on the constitutionality of the FGM ban, the international community watches with bated breath, hoping for a decision that will reinforce the nation's commitment to eradicating this harmful practice and upholding the rights and wellbeing of its women and girls.