COMMEMORATING
THE 25TH ANNIVERSARY OF THE CONVENTION ON THE RIGHTS OF THE CHILD THROUGH
SENSITIZATION OF RELIGIOUS AND OPINION LEADERS ON GENDER BASED VIOLENCE AND
RELATED LAWS IN THE GAMBIA
PRESENTATION
ON THE WOMENS ACT OF 2010 BY:
MR.MALICK
H.B JALLOW ESQ. LLB. BL. PDIL, BARRISTER AND SOLICITOR OF THE SUPREME COURT OF
THE GAMBIA/PRESIDENT, INSTITUTE FOR THE ADVANCEMENT OF CHILDRENS RIGHTS/LAW
LECTURER, FACULTY OF LAW, UNIVERSITY OF THE GAMBIA.
INTRODUCTORY
REMARKS:
It
gives me great pleasure and professional fulfilment to engage you on the
Women’s Act of 2010. I am also greatly encouraged by the fact that you are all
religious and community leaders, individuals who are opinion leaders and who
also have the ears, minds and attention in your respective spheres of
influence. I believe sensitization initiatives such as this can fundamentally
help in breaking down some of the unfounded stereotypes and misconceptions
concerning women’s rights and ensure that the important role of women in
national development is given greater recognition. It is vitally important to
have progressive laws such as the Women’s Act but in the absence of strong commitment
by all stakeholders to fully realise the promise of such laws, they are reduced
to mere pious declarations with very little teeth or effect. Your role in this
collective effort is vitally important indeed.
Important
Statistics on Women’s Rights in the Gambia
Between
January and October 2013 the Department of Social Welfare in the Gambia
reported 375 cases of domestic violence including paternity, custody cases and
cases of violence against children and women
Domestic
violence is often underreported due to the stigma that is often attached to it
in our communities. Another reason attributed to lack of adequate reporting of
cases of gender based violence is that even when they do occur, it is usually
settled at community or family level.
In
the year 2013,girls constituted 51percent of primary school students and
one-third of high school students
According
to a UNICEF survey carried-out in the year 2005-06 almost 80percent of girls
and women between ages 15 and 19 had undergone FGM-C and that 7 of the 9 major
ethnic groups practiced FGM-C on girls from shortly after birth until age 16.
Overview
of Women’s Rights Beyond the Gambia
700million
women alive today were married as children (below 18years of age) and more than
250million married before 15 according to a UNICEF report.
According
to a World Health Organisation report published in 2013, 35percent of women
worldwide have experienced either physical and/or sexual partner violence or
non-partner sexual violence
According
to UNICEF, as at October 2014 more than 133million girls and women have been
subjected to FGM-C in 29 countries in Africa and the Middle East. According to
UN Women: Beyond extreme physical and psychological pain, girls who undergo FGM
are at risk of prolonged bleeding, infection (including HIV), infertility,
complications during pregnancy and death.
Every
day 39,000 girls are married before they turn 18 and if current trend continues
we would have 140million child brides by the year 2020
Background
to Women’s Act Of 2010
It
can be strongly argued that the advent of the Women’s Act in the Gambia owes
its inspiration from the following legal instruments:
Convention
on the Elimination of Discrimination Against Women(CEDAW) adopted by the United
Nations General Assembly in 18 December 1979 and ratified by the Gambia in 16
April 1993
Protocol
to the African Charter on Human and Peoples Rights on the Rights of Women in
Africa, Adopted by the 2nd Ordinary Session of the Assembly of the African
Union, Maputo
1997
Constitution of the Republic of the Gambia-Section 28-guarantees rights of
women to equal treatment with men, equal opportunities in political, economic
and social activities, Section 29- aims to guarantee the best interest of the
child including the girl-child at all times and Section 30 provides for the
right to education for all including women and the girl-child
A
Look at Relevant Provisions of the Women’s Act of 2010
Section
6-This section guarantees the right of all women to be protected from violence.
This includes physical, sexual, psychological or economic harm or suffering
whether in public or in private.
Section
8-guarantees the right to freedom of expression for all women including the
girl-child. In other words, women should have the freedom to be heard and form
an opinion on issues concerning them without undue interference.
Section
9-guarantees right to freedom from discrimination. A woman should not be
deprived of an opportunity or facility solely on the ground that she is a
woman. In other words, emphasis should be on the merits and not gender of the
person.
Section
10-This is inextricably linked to section 9. The section formally prohibits
discrimination against women and stipulates that any person found to be
discriminating against a woman is liable to pay compensation to the woman
involved for such amount as the High Court may determine. The section further
states that all discriminatory laws against women are void and of no effect.
Section
12-This section states the mechanism for enforcing the rights of women provided
for under the Women’s Act. Essentially, it identifies the High Court of the
Gambia as the appropriate judicial forum for enforcing the rights of women.
This is consistent with section 37 of the Constitution of the Gambia 1997 which
mandates the High Court to deal with all issues pertaining to infringement of
fundamental rights and freedoms of all including women.
Section
16-This section prohibits discrimination against women in employment. In other
words, every woman has the right to same employment opportunities, including
the application of the same criteria for selection in matters of employment.
Section
26-This section states the right of every woman to education and training.
Women should be given the same opportunities for education and training as men.
Also all stereotypes and misconceptions that inhibit access to education for
women must be eliminated.
Section
28-This section prohibits the withdrawal of the girl-child from school on the
sole ground that she is pregnant. Indeed such a girl-child should be supported
to ensure minimal disruption to her schooling and not withdrawn from school
completely. Withdrawal from school serves no useful purpose.
Section
34-This section guarantees the right of all women to get married.
Section
35-This section makes it a requirement for the consent of the man and woman to
be sought before marriage is concluded. The section further states that where a
marriage is entered without the full consent of the parties, such a marriage is
voidable. In other words either the man or the woman can stop or dissolve the
marriage at any time. The law deems a girl under the age of 18 as a child. A
child is deemed incapable of giving full consent to a marriage as he/she is
deemed to be incapable of fully appreciating the institution of marriage and
the broader issues it raises.
Conclusion
It
is evident that the Gambia has an adequate legal framework for the protection
and promotion of the rights of women. It is also evident that significant work
remains in fully implementing the progressive provisions contained in the
Women’s Act of 2010. This requires collective effort on the part of all
stakeholders including the Religious Leaders, Alkalos and local chiefs to deal
with some of the misconceptions and stereotypes inhibiting women’s rights in
the Gambia. Indeed interacting with this audience of religious and opinion
leaders reinforces my view that there is promise for the future. To achieve
that promise, we need to look at women’s rights in an objective manner
especially in the areas of female genital mutilation-cutting and early or child
marriage. The often personal undertone in dealing with such issues often
deprive us of the opportunity to consider factual and informed findings on the
health and social ramifications of some of these practices. I am however
optimistic that, with timely and effective utilisation of this sensitization
forum as religious and opinion leaders some of these obstacles and challenges
can be effectively addressed.
Barrister Malick H.B. Jallow Esq.
Founder/President
IACR
