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B90233/2024
P9_TA(2024)0370
Motion for a European Parliament resolution on theThe proposed repeal of the law banning female genital mutilation in The Gambia
(2024/2699(RSP))
PE762.539
European Parliament resolution of 25 April 2024 on the proposed repeal of the law banning female genital mutilation in The Gambia (2024/2699(RSP))
The European Parliament,
having regard to its resolution of 12 February 2020 on an EU strategy to put an end to female genital mutilation around the world,
– having regard to the Samoa Agreement,
having regard to the Samoa Agreement,
– having regard to the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
– having regard to the Maputo Protocol to the African Charter on Human and People’sPeoples’ RightsRights, the Maputo Protocol and the African Charter on the Rights ofand WomenWelfare inof Africa,the Child,
having regard to Rule 144 of its rules of procedure,
– having regard to Sustainable Development Goal 5, aiming for the global eradication of female genital mutilation (FGM) by 2030,
whereas female genital mutilation (FGM) is a violation of human rights which amounts to child abuse and gender-based violence;
– having regard to Rules 144(5) and 132(4) of its Rules of Procedure,
whereas around 46% of girls aged 14 and under are victims of FGM in The Gambia; whereas FGM has severe consequences including irreparable physical, psychological, reproductive and sexual health damage, and can lead to death;
A. whereas the landmark Women’s (Amendment) Act of 2015 in The Gambia bans FMG, making it punishable by up to three years in prison;
whereas the Women’s Amendment Act which criminalised the practice of FGM was adopted in The Gambia in 2015; whereas this legislation was recognised globally as a leading step forward;
B. whereas on 18 March 2024, a proposed law to repeal the ban passed the second reading in the Gambian Parliament and has now been referred to a parliamentary committee that will take at least three months to examine it before returning to parliament for a third and final review;
whereasC. awhereas billThe hasGambia beenrisks introducedbeing tothe parliamentfirst tocountry repealin the Actworld andto decriminalisereverse legal protection against FGM; whereas The Gambiathis risks beingencouraging thea firstsimilar countryweakening toof backtrackthe onrights progressof women and girls in tackingthe FGM;region;
whereas The Gambia is a signatory to multiple regional and international agreements which commit parties to eliminating FGM, most recently though its signature of the Samoa Agreement;
D. whereas FGM is a grave violation of human rights and discrimination against girls and women; whereas it is not justified by any religion or culture, is an abusive, exploitative and harmful practice with severe consequences including irreparable physical, psychological, reproductive and sexual health damage, and can lead to death; whereas it prevents women and girls from reaching their full potential and participating in society;
whereas the decriminalisation of FGM in The Gambia would not only be a devastating step backwards in the country, but would risk encouraging similar weakening of the rights of women and girls in the region;
E. whereas The Gambia has among the highest prevalence of FGM in the world, and according to UNICEF, 76 % of Gambian women aged 15-49 have been circumcised; whereas over 230 million girls and women worldwide are affected by FGM;
whereas an estimated 71% of female EU asylum applications from FGM-practicing countries are FGM survivors;
1. Urges the Gambian Parliament to demonstrate its commitment to international human rights law and multiple international and regional agreements to which The Gambia is a signatory, to protect the rights of women and girls, and therefore to reject the proposal and uphold the criminalisation of FGM;
Deeply regrets the proposed repeal of the FGM ban in The Gambia; stresses this would be an unequivocal step backwards for the rights of women and girls, and the decriminalisation of an invasive form of gender-based violence;
2. Urges the Gambian Government to strengthen its efforts to prevent and eliminate FGM through robust enforcement measures and awareness and education efforts to address its root causes; invites the Gambian Government to engage with international partners, notably the UNFPA-UNICEF Joint Programme on the Elimination of FGM;
Urges the Gambian parliament to immediately reject the proposal and uphold the criminalisation of FGM;
3. Stands ready to support the government and civil society organisations in community engagement, including with religious, traditional and community leaders, in combating FGM, and to support survivors and women’s rights defenders;
4. Calls on the GambianCommission governmentand tothe engageEuropean withExternal internationalAction partnersService onto theurgently wayand forward,systematically notablyaddress the UNFPA-UNICEFissue Jointof ProgrammeFGM onwith the EliminationGambian ofauthorities FGM;in coordination with international partners;
Underlines that the rights of women and girls remains fragile; reiterates the importance of continued awareness-raising and community engagement in The Gambia to tackle FGM, including with religious, traditional and community leaders;
5. Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the Gambian authorities and the African Union.
Recalls that community engagement requires the full involvement of boys and men through national dialogue and education to support inclusive and positive societal change;
Calls on the Commission and EEAS to urgently address the issue of FGM with the Gambian authorities in political and human rights dialogue, including psychological support for FGM victims;
Urges the Commission and Member States to further coordinate adequate protection for female asylum seekers on the grounds of FGM, including guidance based on the UNHCR Guidelines on gender-based persecution, and training of asylum case workers;
Instruct its President to forward this resolution to the Commission, the Council, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, and the Government and Parliament of The Gambia.