Lawmakers in the Gambia have rejected the repeal of the Women’s (Amendment) Act 2015, which prohibits the practice of FGM/C in the country.
This decision in the West African nation marks the first time in the sixth legislature that a bill has been entirely rejected, with the majority voting against all its clauses during the consideration stage.
In his ruling, the Speaker of the National Assembly, FabakaryT. Jatta, cited Order 72(19) of the Standing Orders, which states that after the consideration stage, the bill shall be referred to the Assembly Business Committee for scheduling of the third reading.
“However, this Bill has been considered by the Committee of the Whole Assembly without its clauses standing as part of it. Hon Members, under this circumstance, where the Assembly has never witnessed a scenario of an entire Bill negatived at the Consideration Stage, I would invoke Order 8(1) of the Standing Orders which states that, In all cases where these Standing Orders do not expressly provide for matters, any questions on procedure or order shall be decided by the Speaker to rule that the Women (Amendment) Bill, 2024 has gone through the Consideration Stage with all the clauses voted down, is hereby deemed rejected, and negative,” he ruled.
He stated that the ruling is appropriate, as the Assembly cannot engage in the futile exercise of allowing the Bill to proceed to the Third Reading without its clauses.
According to the Speaker, Order 72(20) of the Standing Orders requires that when a bill has been amended at the consideration stage, the entire text of the bill, along with a revised Memorandum of Objects and Reasons, should be printed if practicable. If this is not practicable, the text of every amended clause or schedule, as well as any new clause or schedule added, must be printed, published, and circulated to Members in advance of the final stage.
“ Hon. Members, this is practically impossible as the Bill is now without clauses, which are fundamental for it to be read the third time and passed. By Order 8(1) of the Standing Orders, I rule that the Bill is rejected and the legislative process exhausted,” he said.
On Monday’s ruling, the National Human Rights Commission (NHRC) expresses its profound appreciation to the National Assembly Members who voted to reject the repeal of the Women’s (Amendment) Act 2015, which prohibits the practice of FGM/C in The Gambia.
“This commendable act signifies a strong commitment to the promotion and protection of the rights of girls and women in The Gambia.
FGM/C is a grave human rights violation that has long-lasting and harmful consequences on the health and well-being of women and girls. The NHRC recognizes the importance of the legislation enacted in 2015, which prohibits and criminalizes FGM/C and seeks to protect girls and women from this harmful practice,” said Emmanuel Daniel Joof NHRC Chairperson
He described the act as a vital tool in the ongoing efforts to eradicate gender-based violence and discrimination and to promote the health, safety, and well-being of all women and girls in The Gambia.
