THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
The Gambia National Plan of Action (NPOA) on GBV 2013-2017 which was supported under the
UNICEF/UNFPA Joint programme has been adopted. The overall objective of the NPOA is to “reduce the
number of women who accept Gender Based Violence from 75.5 per cent to 30 per cent.” The formulation
and implementation of Gambia’s National Action Plan on Gender-Based Violence, is part of the efforts for
the harmonisation and coordination of interventions of both state and none state actors in sensitisation and
discussions on traditional and cultural issues that affect the health and wellbeing of women and girls.
The partnership for the implementation of the National Action Plan with civil society, religious leaders,
community leaders and faith based organisations is essential in enhancing local level commitment to the
eradication of violence against women and girls.
THEME 3: RIGHTS RELATING TO MARRIAGE (Articles 6-7)
3.1The Government has a duty to promote and protect the rights of women in marriages and family and in
so doing., Section 27 of the Constitution provides that ‘’ men and women of full age and capacity shall
have the right to marry and found a family based on the free and full consent of the parties’’ and
supported by the provisions of the Children’s Act 2005, ‘’full age’’ is now legally pegged at the age of
eighteen (18) years for both male and females.
In The Gambia, customary law co-exists alongside Islamic law in the area of traditional marriage,
divorce, family matters, inheritance, land tenure, tribal and clan leadership. With particular regard to the
effect of marriage and the protection of women’s rights, the Women’s Act 2010 provides that a woman
and a man shall enjoy equitable rights as equal partnership in marriage. The Act further provides that a
woman has the right to retain her maiden name after marriage and use it as she pleases, either jointly
or separately with her husband’s surname.
3.2 In 2016, the Children’s Act was amended to expressly prohibit the practice of child marriage, with a
penalty of up to twenty years imprisonment for any would-be offender.
3.4 In The Gambia, polygamy is a widespread practice is widely accepted and practised amongst
Muslim communities as well as traditional believers within the communities.
3.5 With regards to the protection of women during separation, divorce or annulment of marriage, the
Women’s Act under Section 43 provides that women have the right to seek separation, divorce or
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