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
Genital Mutilation in particular Article 5 of the African Union Protocol. The law also seeks to give effect to
the constitutional right of women and children not to be subjected to practices that are harmful to their
health and wellbeing.
The amendment which can be found in Section 32B provides that (1) “A person who requests, incites or promotes female circumcision commits an offence and is liable
on conviction to imprisonment for a term of three years or a fine of fifty thousand dalasi or to both.
(2) A person who knows that female circumcision is about to be perpetrated and fails to report this to
the proper authorities promptly, commits an offence and is liable on conviction to a fine of Ten
Thousand Dalasis”.
A number of capacity building programs for judicial officials and law enforcement agents have been carried
out to enhance understanding of the law.
b. Child Marriage & Betrothal
The Government of The Gambia has in 2016 amended the Children’s Act of 2005 prohibiting the offences
of Child Marriage and child betrothal. Prior to its prohibition, The Gambia faced a challenged of girls
entering into marriage at the ages of 15 and 16 years and despite a widespread advocacy and sensitisation
activities involving various members of society, the practice continued to exist. Section 2 of the Children’s
( Amendment) Act 2016 now provides:
‘Child marriage means marriage contracted between a child and an adult or a child and a child’’
Section 24 further provides:
‘’a child shall not be capable of contracting a valid marriage and child marriage is prohibited. A parent,
guardian or any other adult who wilfully contracts, causes or forces a child to contract a marriage commits
an offence and is liable on conviction to imprisonment not exceeding Twenty Years (20).
c. Employment of Children
In respect to the employment of children both the Labour Act and Children Act 2007, prohibit the
employment of children in hazardous activities, and from being subjected to activities that would amount to
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