Experts of the Committee on the Elimination of Discrimination against Women Commend the Gambia on Priority Given to Women’s Rights, Ask About Female Genital Mutilation and Access to Credit for Women

 

The Committee on the Elimination of Discrimination against Women today concluded its consideration of the sixth periodic report of the Gambia, with Committee Experts commending the State party on priority given to women’s rights in key sectors, and asking about the prevalence of female genital mutilation throughout the country, and programmes to promote access to credit for women.

A Committee Expert said the Gambia had given priority to women's rights in key sectors and this should be commended. Positive initiatives included the 2015 ban on female genital mutilation and the ban on child marriage, the 2017 judicial reform, and the establishment of the Ministry of Women’s Rights in 2019.

Another Expert asked about female genital mutilation, which was prevalent throughout the State despite being illegal. What was the status of the national female genital mutilation study? How did the State party plan to address the issue of cross border female genital mutilation, to ensure this was punished in countries outside of the Gambia?

Were there any poverty alleviation programmes included in the national action plan? Did the Gender Policy include access to credit for women? How did the State evaluate the impact of the Women’s Enterprise Fund in improving economic wellbeing? What measures had been undertaken to expand access to credit to women?

The delegation said the findings of the study on female genital mutilation showed that people across the country were aware that this practice was a crime, but it was not being reported. There were instances where deaths caused by female genital mutilation were recorded as being the result of natural causes in hospitals. Some groups in the Gambia still clung strongly to female genital mutilation; however, more people were now speaking out about this previously taboo topic. There was now a drop in female genital mutilation, to over 60 percent prevalence, which while high was a decrease, which was a step in the right direction.

The delegation said the Women’s Enterprise Fund was a flagship project for the Gambian Government, offering loans to women’s groups at a rate of five per cent. The Enterprise Fund helped women in domestic work transition into entrepreneurship. Through the Enterprise Fund, women with disabilities had learned skills such as sewing, and were now able to support themselves through establishing a sewing shop and improving their position in the community. A documentary on the Fund had been created to outline these success stories, with the goal of achieving further funding for the Fund. More donors were needed for the Women’s Enterprise Fund.

Introducing the report, Fatou S. Kinteh, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said in 2019, the Gambia had established a Ministry of Gender, Children and Social Welfare for the first time, and created several key pieces of legislation, including a national action plan, which prioritised the elimination of female genital mutilation as one of the goals of the State. Ms. Kinteh said a strategy was in place to counter the levels of gender-based violence cases in the Gambia. Sexual and gender-based violence was a rising trend in the country. A database was being developed to register information on key gender-based violence indicators. This system would be linked to a shelter, which would house victims of gender-based violence to ensure they had full access to support and counselling and were protected from future instances of gender-based violence. A taskforce was working tirelessly on this project.

In concluding remarks, Ms. Kinteh said it was a privilege for the Gambia to appear before the Committee. Although the State had achieved a lot, the Gambia was ready to learn from other countries and replicate these practices back home.

Gladys Acosta Vargas, Committee Chairperson, thanked the delegation for the constructive dialogue with the Committee, which had provided further insight into the situation of women and girls in the Gambia. Ms. Acosta Vargas commended the Gambia for its progress and encouraged the State to take measures to implement all recommendations of the Committee.

The delegation of the Gambia consisted of representatives from the Ministry for Gender, Children and Social Welfare; the Ministry of Finance and Economic Affairs; the Ministry of Basic and Secondary Education; the Ministry of Health; the Office of the President; and the Permanent Representative of the Gambia to the United Nations Office at Geneva.

The Committee on the Elimination of Discrimination against Women’s eighty-third session is being held from 10 to 28 October. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 10 a.m. on Friday, 21 October, to review the sixth periodic review of Switzerland (CEDAW/C/CHE/6).

Report

The Committee has before it the sixth periodic review of the Gambia (CEDAW/C/GMB/6).

Presentation of Report

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said in 2019, the Gambia had established a Ministry of Gender, Children and Social Welfare for the first time, and created several key pieces of legislation, including a national action plan, which prioritised the elimination of female genital mutilation as one of the goals of the State. A comprehensive review had been undertaken on all legislation to remove laws intended to stifle freedom. Despite laws in place to tackle violence against women, it was clear that sexual and gender-based violence remained a practice in the Gambia. In the absence of reporting cases, implementing the law became a challenge.

The Government recognised the importance of women’s empowerment at the national and regional levels. The COVID-19 pandemic had posed a threat to the agenda, affecting livelihoods and national development. To further mitigate the impact of the pandemic, the Government had provided a full aid package, which focused on households, many of which were female headed. Similarly, support was extended to State-owned enterprises. This approach enhanced the ability of persons with disabilities and other vulnerable groups to respond to COVID-19.

Ms. Kinteh said a strategy was in place to counter the cases of gender-based violence in the Gambia. Sexual and gender-based violence was a rising trend in the country. A database was being developed to register information on key gender-based violence indicators. This system would be linked to a shelter, which would house victims of gender-based violence to ensure they had full access to support and counselling and were protected from future instances of gender-based violence. A taskforce was working tirelessly on this project.

The Gambia had enacted the Disability Act to fulfil the Government’s commitment to ensure that persons with disabilities had equal access to education, health, and all areas of life. Over the years, the Government had prioritised improving the health of women and girls. The most recent effort was the establishment of an obstetric fistular centre, which was a condition faced by many women and girls in sub-Saharan Africa. Many cases remained unreported due to the stigma surrounding the condition, leaving these women and girls shunned by their communities and with negative impacts on their sexual and reproductive health. The centre aimed to treat and assist patients who faced stigmatisation and marginalisation from their communities.

Ms. Kinteh extended deep sympathies to the families of the 70 children who had been lost in the Gambia. A broad-based commission of enquiry had been established, and the Government was providing support to the families. The shelter for victims of gender-based violence would be scaled up and ensure all victims were provided with psycho-social support. A programme would be designed to improve the living conditions of vulnerable persons through cash transfers. The Gambia hoped to assure that the rights of women were respected and promoted, and the Ministry would continue to implement programmes to improve their lives. The Gambia was committed to eliminating all forms of discrimination against women and achieving gender equity and the empowerment of women.

EMMANUEL D. JOOF, Chair of the National Human Rights Commission of the Gambia, recognised progress made by the Gambia to combat trafficking. However, there was still concern about the inadequate implementation mechanisms for the prevention, protection, and prosecution of human trafficking. The Commission urged the Committee to recommend that the Gambia allocate sufficient budgeting and technical support to the National Action Plan for Trafficking in Persons; and raise awareness on trafficking in persons with relevant stakeholders, including non-governmental organizations. The State was recommended to develop a comprehensive and gender sensitive COVID-19 recovery strategy, and adequately support the sexual and gender-based violence hotline and popularise its use nationwide.

Women continued to be underrepresented in political and senior decision-making positions. The State was recommended to put in place special measures to increase the number of women in senior public offices. On sexual and gender-based violence, the Commission urged the Committee to recommend that the Sexual Offences Act be amended to include the offence of marital rape. The Government should be recommended to implement the Domestic Violence Act and the Sexual Offence Act; and engage communities to raise awareness of sexual and gender-based violence. The Commission also urged the Committee to recommend that the State allow the allocation of more funds for legal aid.

Questions by Committee Experts

HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Gambia, commended that the Gambia had made considerable progress in the establishment of the legal, administrative, and institutional frameworks since its last constructive dialogue with the Committee in July 2015. However, there were still some gaps and challenges.

A Committee Expert said the Gambia had given priority to women's rights in key sectors and this should be commended. Positive initiatives included the 2015 ban on female genital mutilation and the ban on child marriage, the 2017 judicial reform, and the establishment of the Ministry of Women’s Rights in 2019.

What initiatives would the State party take to strengthen the visibility of the Convention? Would the State consider ratifying the Optional Protocol? What measures could be taken to strengthen in particular the role and place of non-governmental organizations, involving them in an institutionalised way in the legal, political and economic reconstruction of the Gambia? Was the mission of the Truth, Reconciliation and Reparation Commission carried out according to a comprehensive procedure? What was the timeframe for the implementation of this plan in terms of justice and effective prosecution of perpetrators and financial reparations?

While respecting traditions and cultures, the Convention established a universal set of values applicable to all countries and that many Muslim countries had put into practice. What initiatives was the State taking to establish this convergence between sources of law? To what extent was discrimination taken into account, relating to women's rights, to determine the real effectiveness of the reforms and the law? The Committee noted with satisfaction the appointment of women to the Cadis courts. What efforts were undertaken to reconcile and standardise the procedures before the religious courts, and to develop legal aid centres in rural areas to strengthen the feminisation of justice and its impact on the evolution of justice.

Responses by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said a key priority of the national strategy was strong coordination nationally and regionally, across all programmes aimed at protecting children and the vulnerable. Non-governmental organizations complimented Government efforts and played a critical role in the development of the report on female genital mutilation. On the application of customary laws and the Sharia law, the Minister said the laws of the Gambia consisted of customary laws, so far as they concerned members of the community that applied to them, and the same provision provided for application of Sharia law on matters of marriage, divorce and inheritance among Muslims. For Muslims, Sharia laws were not discriminatory. The Ministry of Justice had led a comprehensive review and harmonisation of all legislation and laws intended to stifle freedom of expression. The Constitution of the Gambia was amended at least 52 times in order to draft a new Constitution which would accurately reflect the wishes of the people of the Gambia, through public consultations, both at home and abroad. Different people from different castes were now married in the Gambia. Persons belonging to lesbian, gay, bisexual, transgender, and intersex communities were not mistreated or abused in the Gambia.

Questions and Responses

HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Gambia, noted that Sharia law still had discriminatory clauses. What was the State’s plan to amend personal law, including Sharia and customary law?

A Committee Expert said the efficacy of the law was important. Despite a positive context, the way the law was applied on the ground in the Gambia resulted in a difference which weighed heavily on the shoulders of women.

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said there were laws which had discriminatory elements which had been repealed in order to tackle all forms of discrimination against women and girls.

Questions by a Committee Expert

A Committee Expert asked if an inter-ministerial Committee had been established? Was the budget adequate for the work of the gender component of the Ministry? How did the review enhance the content of the new gender policy under construction? Did the policy contain time bound measures and an adequate monitoring framework? What was the involvement of non-governmental organizations within this policy? How did the national action plan of strategy for women align and compliment the gender policy? Were there comprehensive guidelines for gender mainstreaming to assist different professionals? How had the State party established an enabling environment for women human rights defenders?

Response by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said a unit to deal with sexual and gender-based violence had been established. There was a challenge to where the Government wanted to get to when it came to resources. For the gender policy, there was a review in 2017 and a new policy was being created based on the findings. The new policy took into account factors such as climate change, sexual and gender-based violence, and economic empowerment. It was sad to say that the budget was less than three per cent of the national budget. It was not adequately budgeted. The new parliament had established a committee on gender and social welfare. The Government worked with all these committees to reduce gender gaps and harassment in the workplace. It was not going to be easy and required a lot of capacity building. The Gambia was ready to learn from other countries, so they did not make the same mistakes as others. The Government worked very closely with the media to ensure gender sensitisation at all levels. The national plan would address female genital mutilation, gender-based violence, and child marriage.

Questions and Responses

A Committee Expert understood the difficulties in setting up a new ministry; was there an enabling environment for women human rights defenders?

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said there had been notable cases of harassment of human rights defenders in the Gambia. Best practices would be adopted to provide a more enabling environment. Mechanisms to prevent acts of torture from occurring would be established.

HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Gambia, said no examples were provided on temporary special measures which had been put in place. What hindered the implementation of section 15 of the Woman’s Act? What measures were being taken to introduce temporary special measures, to increase the ratio of women to 30 per cent? Was the State planning to introduce any temporary special measures in education, employment, health and the participation of women in public and political life?

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said the Gambia needed temporary special measures to bridge the gender gap, and it would be difficult to do so without these. Boys and girls in public schools were given free education to ensure all children had free access to education, and to combat the gap in enrolment levels. The State was aware of the importance of temporary special measures and was introducing them gradually.

Questions by a Committee Expert

A Committee Expert commended the Government’s efforts in combatting sexual and gender-based violence with the establishment of the sexual and gender-based violence unit. However, concerns had been raised about the implementation of the Sexual Violence Act, and insufficient support for victims. Barriers also included low knowledge on how to receive redress and inadequate protection for women and victims of crimes. Were there plans to establish more shelters for victims of violence in the coming years? Would a special victims support fund be established? What was the status of the national female genital mutilation study? How did the State party plan to address the issue of cross border female-genital mutilation, to ensure this was punished in countries outside the Gambia? How were media outlets engaged in awareness raising campaigns to eliminate gender stereotypes? Were guidelines for cases of sexual violence provided to courts?

Responses by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said training courses on gender and gender-based violence were integrated in the curriculum of the police training school, and a gender unit had been established. When Gambian officers had embarked on peace keeping missions, there had been no cases of gender-based violence committed, due to the extent of their training.

The findings of the study on female genital mutilation showed that people across the country were aware that this practice was a crime. The issue was that people were not reporting this crime. There were instances where deaths caused by female genital mutilation were recorded as being the result of natural causes in hospitals. Some groups in the Gambia still clung strongly to female genital mutilation; however, more people were now speaking out about this previously taboo topic. There was now a drop in female genital mutilation, to over 60 per cent prevalence, which while high was a decrease, which was a step in the right direction. The Government was aiming to increase funds for the victim support fund.

Questions and Responses

A Committee Expert said the Trafficking Act was not in line with the Paloma Protocol. Would the Act be amended? What were the goals, activities and financing of the National Action Plan on Trafficking in Persons? What were awareness raising activities included in the Action Plan? Would a study on the root causes of trafficking be carried out? What measures were available for victims of trafficking? Would the International Labour Organization Convention on domestic workers be ratified? Were women victims of trafficking, exploitation, or prostitution being rehabilitated back into society?

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said the Government of the Gambia was working with the Governments of Sierra Leone and Tanzania to combat the issue of trafficking. Victims were kept separately from victims of other crimes, and the Government undertook efforts to repatriate them back to their countries of origin. There were shelters in rural areas to accommodate those who were trafficked. The Gambia worked to provide victims with support and reintegrate them back into society.

A Committee Expert asked for more information on the National Action Plan and Coordinating Committee for trafficking in persons, and if the study would be prepared?

Another Committee Expert asked about the percentage of women who ran for public office, and how many won compared to male candidates? What steps were being undertaken to improve the participation of women in public life in the Gambia? What was the percentage of women in high-level decision-making positions? Could statistics be provided on the number of women in the judiciary compared to men?

The delegation said a lot of work had been carried out in the lead up to the national assembly elections to encourage women’s participation. In national and local government elections, women who participated were given training and capacity building, and used as role models to encourage more women to become involved in politics. The Government was working to increase the number of women in all levels of politics in the Gambia; women would learn from the best practices of other women in the country. More and more women were being appointed in the judiciary, and there were now two female Cadis.

Questions and Responses

A Committee Expert said reports had been received that statelessness existed in the Gambia due to gaps in laws, among other factors. What was the situation of statelessness in the Gambia? Did the State intend to take further measures to reduce statelessness? To what extent did children born to refugees in the State party remain unregistered and undocumented? What measures had been taken to

destigmatise children born out of wedlock and their mothers? What measures were used to promote the importance of birth registration?

The delegation said work was being carried out in rural areas to ensure birth registration for everyone. Every child had a right to a nationality.

A Committee Expert asked how effective awareness raising campaigns had been on birth registration across the country?

Another Committee Expert asked about concrete measures to increase women’s political participation in leadership posts?

The delegation said people were responding positively to awareness raising campaigns on birth registration, resulting in people coming forward to register their children. The scheme focused on registering every person in the Gambia, not just children. Women were not always ready to enter the elections; once they applied, the Government were prepared to give them support. The Gambia aimed to learn from other countries nearby, and replicate lessons learned within the State. The country would aim to bring forward more females in the next elections.

Questions by a Committee Expert

A Committee Expert congratulated the Gambia on progress on education, including the comprehensive sexuality curriculum framework. Illiteracy and lack of schooling affected many more girls than boys, due to child marriage. The State needed to address the issue of how to encourage more girls to stay in school, even those who had gotten married. How would the State address harassment, which made girls leave school much sooner? Had the State party been addressing the illiteracy of women and girls resulting from child marriage? Would more be done to encourage girls to embark on non-traditional fields of study? How were women in poverty and women with disabilities being addressed in terms of the education sector?

Responses by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said the Gambia was making headway in terms of girls’ education, due to the special focus being given to girls’ education. More parents were sending their girls to school, however, there was a drop in boys’ enrolment. The Government was providing scholarships with priority to those studying science, technology, engineering, and math subjects. The Government was being positively discriminatory, focusing only on girls in the areas of information, communication, and technology. The curriculum in schools informed children about the dangers of child marriage and female genital mutilation.

Questions and Responses

A Committee Expert asked about plans to engage professional female public administrators in politics?

Another Committee Expert asked about girls being removed from schools due to pregnancy for six months; how could these policies be made totally non-discriminatory?

The delegation said girls who were pregnant usually opted to move to a different school when they returned; they were usually given six months off for breastfeeding, but this was not a hard and fast rule. Females in politics in the Gambia were given mentorship and training, and were then used as role models for future elections.

A Committee Expert said it was crucial to ensure women’s active economic participation. Did the reforms that had been undertaken by the Gambia address women’s economic participation and employment? What measures were being taken by the State to combat sexual harassment in the workplace? Did victims of sexual harassment have access to a complaint procedure? Were there plans for vocational skills training, especially for rural and married women? What support was provided to women in the informal sector to cope with the impact of the COVID-19 pandemic? Was there a requirement for young women to be proportionally involved in the Youth Empowerment Project?

The delegation said more than 38,000 women had benefitted from a government initiative which helped to provide women with funds to run micro and small businesses. A documentary had been created to let everyone know the impact felt by this fund.

Concerning accountability and reconciliation, the delegation said that the Government was setting up a special prosecutor’s division which would have investigative authority over all cases recommended for prosecution. Justice and accountability were key components of the transitional justice process, and having a key advisor overseeing the establishment of these structures was a goal of the Government. The Sexual Offences Act was reviewed in 2021, with the objectives of replacing the definition of rape with the newly defined definition; establishing a register for sex offenders; and enabling the reporting of cases on an annual basis, among other factors.

The Enterprise Fund was a flagship project for the Gambian Government, offering loans to women’s groups at a rate of five per cent. The Enterprise Fund helped women in domestic work transition into entrepreneurship.

A Committee Expert said some of the replies were not clear; were there any prosecution cases?

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said examples needed to be set for child marriage and female genital mutilation, to teach a lesson to others. Once reporting was received, they would prosecute cases.

Questions by a Committee Expert

A Committee Expert asked about measures to ensure rural women access to quality sexual and reproductive health services. The prevalence of female genital mutilation remained high, at over 75 per cent among women. Would the State party take steps to prohibit this harmful practice, such as screening questionaries, or training of health professionals? This would allow health professionals to be a source for reporting. Could teachers be trained to help fight this harmful practice?

Abortion remained criminalised, except when there was a threat to the life of the mother, the Expert noted. What efforts were being made to ensure that all women had access to modern contraception methods? Were girls and women provided with access to safe, post abortion services, without being prosecuted? Would the State at least allow abortion to be practiced in the case of rape, incest and threat to a mother’s life? Did women suffering from mental health conditions have access to treatment? Did women with disabilities have access to quality health services?

Responses by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said women with disabilities had quality health services across the country. Abortion was illegal in the Gambia, except if the life of the mother was at stake. Contraception was available to all women in the Gambia and was free of charge. Hotlines were in place for the reporting of gender-based violence. Some women never reported, but the Government was working to show this could be done anonymously, if needed. Consent was needed to examine someone’s baby; this made screening for female genital mutilation difficult. The prosecutors and police were all trained on the issue of female genital mutilation, but the issue now was encouraging women to report cases. Female genital mutilation was committed throughout the whole country, whether people were Muslim or not. Previously, this had been a taboo topic, but now people were speaking about it, especially young people, which was an achievement.

Questions and Responses

A Committee Expert said female genital mutilation was a crime, and usually when there were channels of reporting violence, consent was not needed. There could be a hotline for health practitioners to report this practice, which would enable the reporting to start.

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said the State would make the number of the hotline available to health professionals so they could begin reporting cases of female genital mutilation. Data was needed to move forward.

HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Gambia, asked how the new draft Constitution was different and if it addressed discriminatory provisions? Was the database for gender-based sexual violence only for this? Would other databases be developed? Were there any poverty alleviation programmes included in the national action plan? Did the gender policy include access to credit for women? How did the State evaluate the impact of the Women’s Enterprise Fund in improving economic wellbeing? What measures had been undertaken to expand access to credit to women? Did the National Social Protection Policy ensure women’s equal access to social benefits, including in small and micro businesses?

The delegation said criteria had been developed to identify those most in need, and support them through the Social Protection Programme. Last year, the Gambia had trained 1,300 women in financial literacy. Through the Enterprise Fund, women with disabilities had learned skills such as sewing, and were now able to support themselves through establishing a sewing shop and improving their position in the community. A documentary on the Fund had been created to outline these success stories, with the goal of achieving further funding for the Fund. The delegation was hopeful that the draft Constitution would be approved by the National Assembly. Substantial advocacy had to be carried out prior to approval. More donors were needed for the Women Enterprise Fund. The gender-based violence database system was linked to the shelter which would house victims of gender-based violence to ensure they received support.

Questions by a Committee Expert

A Committee Expert said rural women and girls in the Gambia had many disadvantages, including higher illiteracy rates, higher rates of child marriage, and less access to infrastructure. Were there plans to establish a special department for rural women? Could mobile services to disseminate information on human rights be provided? What mechanisms were in place to implement the aspects of the Woman’s Act, which recognised women’s rights to inheritance and property? Were there efforts to promote women’s leadership in rural areas? Were there plans to implement recommendations from the National Human Rights Commission study of castes in the Gambia? How would the enforcement of the Disabilities Act 2021 be ensured? Could the police be trained to support women and girls living with disabilities who were victims of gender-based violence?

Responses by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said the recommendations from the study of the caste system would be implemented. The caste system was very strong in certain ethnic groups. Most land in the Gambia belonged to families. Women were protected under the Woman’s Act regarding access to their property and land. Any initiatives being run for rural women also needed to include men; the convergence was important. Television could be used to generate discussion around certain issues and create more awareness. Women in rural communities now had clean water from taps, rather than obtaining water via a bucket and a well; the time they saved from this domestic chore could be used to educate themselves, spend time with their families, or increase their income.

Questions and Responses

A Committee Expert asked about a stronger commitment to addressing the land issue; from all reports this was a major issue confronting women in the Gambia. Women did not have continuous use rights to land and as a result, had to produce short-term crops.

The Expert said that for persons with disabilities, accessibility was a major issue; more steps needed to be taken to help persons with disabilities and this should be addressed in the implementation of the Disabilities Act.

The delegation said a special session which protected the interests of rural women had been held, funded by the World Bank. More essential workers would be deployed to the field to work with rural women and their families.

Questions by a Committee Expert

A Committee Expert welcomed that there was already a legislative reform process ongoing in the country. There was no mention of equality between men or women in marriage, and the State party recognised that the law should be modified to ensure marital equality. Had the Government included measures to harmonise national legislation with the Convention, especially to ensure women had the same rights as men in marriage and sharing of assets? Did the State plan to prohibit polygamy as a form of marriage, to protect the women in such marriages? In line with the provisions of Sharia, women received a third of the assets. How did this apply to divorce in customary law? Did women have the same rights as men regarding child custody at the time of divorce?

Child marriage was prohibited in the Gambia. What measures had been taken to effectively implement the law prohibiting child marriage? Could statistics on the number of forced marriages be provided? Did the State party intend to do away with all exceptions to the legal age of marriage? What programmes were in place to raise awareness of the harmful practice of child marriage?

Responses by the Delegation

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said men by nature were polygamous. Polygamy was not prohibited in the Gambia and was part of the culture. The Gambia was open to learn more regarding this practice. Custody was decided based on the best interests of the child. Usually, the mother was awarded custody of the child in the Gambia. Men and women of full age had the right to marry in the Gambia. Customary law existed alongside traditional law in terms of marriage and divorce. The Woman’s Act provided that the woman and man should enjoy equal rights in marriage. The Act stated that women had the right to seek divorce or annulment, and were given equal rights to the property derived from the marriage. Polygamy was a choice, and people could choose whether or not they wanted to participate.

Closing Remarks

FATOU S. KINTEH, Minister of Gender, Children and Social Welfare of the Gambia and Head of Delegation, said it was a privilege for the Gambia to appear before the Committee. Although the State had achieved a lot, the Gambia was ready to learn from other countries and replicate these practices back home. The State would continue efforts in fund raising. Today there was democracy in the country and a conducive environment, which allowed for more dialogue.

MUHAMMADOU M.O. KAH, Permanent Representative of the Gambia to the United Nations Office at Geneva, thanked the Committee for the substantive and productive engagement with the Gambia, congratulating the Head of Delegation, encouraging her and the team to continue the progressive efforts. Every recommendation and insight would be taken into account. The Gambia today was not the Gambia of yesterday. The State would not relent until women were empowered and girls were respected.

GLADYS ACOSTA VARGAS, Committee Chairperson, thanked the delegation for the constructive dialogue with the Committee, which had provided further insight into the situation of women and girls in the Gambia. Ms. Acosta Vargas commended the Gambia for its progress and encouraged that the State take measures to implement all recommendations of the Committee, for the benefit of all women and girls in the country.

 

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