DOES THE WOMEN’S ACT PERTAINING TO FGM/CIRCUMCISION CONTRAVENE THE CONSTITUTION?

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The Constitution is very clear. The national interest is supreme. That national interest is preserved when Gambians gauge their individual cultures against the national culture which develops through the building of institutions aimed at protecting all the sovereign citizens of the country irrespective of origin.

It is the fundamental principle of the Constitution under section 5 that any law that contravenes the Constitution will become null and void if found to be so by the Supreme Court of The Gambia. Hence if any Gambian believes that the Women’s (Amendment) Act 2015 is unconstitutional, they should simply take the matter to the Supreme Court for a declaration.

Foroyaa therefore strongly recommends that those who believe that FGM is not harmful to the body should take the matter to the Supreme Court instead of taking the parliamentary route of repealing a law whose object is to prevent harmful traditional practice.

All sides of the debate should promote national unity by agreeing to seek the advice of professional medical practitioners on the harmfulness or otherwise of the traditional practice. Reason rather than emotion and sentiments should guide the letter and spirit of the debate.

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