Statement to the 33 rd Session on CEDAW to the Committee of Experts for the Elimination of All Forms of Discrimination Against Women on the Combined Initial, Second and Third Report of the Gambia .

11 July 2005

by

Dr Isatou Touray

GAMCOTRAP

Madam Chairperson thank you for giving women of the Gambia whose voices I represent this opportunity to address the committee on the initial, second and third periodic reports on CEDAW submitted by the Government of the Gambia. I speak on behalf of five women’s rights organisations and also on behalf of grassroots organisations who work with the rural women of the Gambia who are poor, powerless and voiceless.

Also, I have submitted a shadow report prepared in collaboration with five women’s rights organisations and the women’s movement which you can refer to for in-depth understanding of the issues I have raised. Similarly the government report has alluded to the problems faced by women of the Gambia .

My name is Dr Isatou Touray, a volunteer and the Secretary General of GAMCOTRAP a Women’s and Children’s Rights NGO working with over 10, 000 volunteers in the seven Administrative Divisions of the Gambia . I am also Deputy Director General and head of the Gender Department of the Management Development Institute of the Gambia .

Madam Chairperson, I would like to draw your attention to seven critical areas of principal concern on behalf of Gambian Women namely;

1. Reservations on the African Protocol on Women’s Rights that contradict provisions of CEDAW: harmful traditional practices-FGM, child/early marriage and marital reform
2. Political participation of women regarding:
   • Creation of an enabling environment
   • Nomination
   • Campaigns
   • Electoral process
   • Intimidation and harassment
3. Freedom for the private media: Women’s space and access to state media
4. Lack of political will towards creation of substantive equality for women
5. Safe environment for women’s right activists
6. Discrimination against HIV positive women and to recognise the gender dimensions of the pandemic
7. Access to land by rural women and other strategic resources for their livelihoods.

Today I would like to concentrate on five issues of concern regarding the situation of Gambian women.

ISSUES OF CONCERNS

Harmful Traditional Practices :

Over 75% of Gambian women and Children are subjected to female genital mutilation, and most suffer in silence due to the complications they face from the time they were subjected to the practice as children to adulthood. This practice is associated with tradition and culture as well as religion. Several efforts have been made by women’s rights organisations including the department of state for health working closely with GAMCOTRAP and BAFROW on the issue. However, the debate seems to be unending and the religious leaders are having field days in coming up with very conservative opinions on the issues using the state platform. Notorious among the pro FGM advocates are the state house Imam and his group who use the state platform to give conservative verdicts on the issue. There is no Law protecting girls from FGM. The test case was thrown out of court with the pretext that there is no law against FGM and no further action was taken. There seem not to be the political will to defend women and children from this practice.

Also girls are subjected to early marriage which also hinders the opportunity to complete their schooling beyond the primary school level. The constitution still upholds unprogressive provisions regarding the personal status of the Muslim woman.

Similarly, the African Protocol on Women’s Rights was ratified by the Gambia with three reservations which are in contradiction to CEDAW namely,

• Article 5 Harmful Traditional Practices-FGM, Government’s inaction contradicts CEDAW Article 10, 12 and General Recommendation 14 on the eradication of female genital mutilation
• Article 7 and 12 Marital Rights

CEDAW Article 16-on equality in marriage; 16.2 child marriage, General Recommendation 21 on equality in family and marriage, recommended age of marriage is 18 but this is not respected.

Recommendations

We emphasize that General Recommendations no 14 be implemented and respected thus

• take appropriate and effective measures… to eradicate female genital mutilation, including
• collection of data on this practice
• support of local women’s groups working for its elimination
• influence attitudes towards eradication of female genital mutilation
• introduce educational/training programmes on problems of the practice

• include strategies aimed at eradicating female genital mutilation in public health care
• invite assistance from UN Organisations
• Report to CEDAW under Articles 10 and 12 on the process taken to eradicate FGM in the Gambia .
• That all reservations to the African Protocol be lifted and active government action to address these issues in compliance with CEDAW.

Political participation and representation at international levels of women

While there is formal equality with regards to women’s political participation within the Gambian Constitution, women still lag behind (refer to pp 15-18) of the government report. According to the situational analysis report of the UNDP only four women hold elective positions and there are still very few women in top decision making positions. There are also very few efforts made to address the gender imbalance in decision making positions. Lack of political will towards substantive equality for women in political and top decision making positions contravenes CEDAW articles 4:1, 7, 8 and general recommendations 23 (measures to implement equality in women’s participation in politics and public life.)

Recommendations

We recommend that the Gambia takes all appropriate measures to eliminate discrimination against women in political and public life of the country. Women should be given the opportunity on equal terms with men and without any discrimination to represent the government at the international level and to participate in the work of international organisations.

To put in place a quota system and or temporary special measures to address the gender gap.

Freedom for the Private Media and access to State media

Access to the media

Women’s access to the national media is limited to three 30 minute weekly programmes in English and two other local languages. Private radios such as Radio 1 FM have been supportive and provide the opportunity on a needs basis while the other radio stations also provide women airtime but on a less regular basis. However, a cross-section of women lost their voices along with the closure of Citizen FM which was very effective in translating the national news to the local languages. While two community radio stations were set up in rural communities to serve women’s information needs these initiatives have been high-jacked by the wider community initiatives with a political motive to control the airwaves. Women only act in a very limited way in the provision and management of the information flow. In the area of television the trend is quite similar.

Women’s rights organizations design programmes in line with the international instruments to create awareness and raise consciousness targeted at various groups to inform people about their rights. However access to radio is still very difficult and expensive. This contravenes CEDAW Article 1 on Discrimination and Article 3 access in all fields

Recommendation

We recommend that the alternative radio which used to provide free access and cheap charges should be available for women to access and manage alternative views for critical popular participation. This is elusive as the Laws put in place to guide the creation of the private radio restrict the realisation for an alternative radio.

The government to subsidise the cost of and increase the airtime for more organisations to have access and allocate the forum provided to religious leaders as a development forum that can be accessed by all development NGOs and civil society organisations.

Health : Discrimination against women with HIV/AIDS

While people living with HIV/AIDS are generally discriminated against, Women living with HIV/AIDS are affected differentially. They are faced with having to care for their families and poverty is increasing among the women. Most WLWHAs are unable to get adequate health care and their children are school drop outs, and the children are heading families as a result of the death of their parents. The extended families are reluctant to Foster orphans of PLWHAS as a result of poverty. The state should facilitate research on the gender dimensions of the HIV/AIDS pandemic. The government should put in place awareness creation strategies in both rural and urban areas to intensify the educational programmes that the NGOs have undertaken through the support of the National Aids Secretariat to break the myths about the pandemic. The state should fulfil its obligation on CEDAW Article 12, and General Recommendation on how to avoid discrimination against women in anti HIV strategies.

Recommendations

We recommend that the state takes full responsibility to provide the necessary support to such vulnerable children and also support the Social Welfare with adequate funding to address the needs of these vulnerable children and women.

To come up with a social mobilisation programme with the support of NGOs working on the issue to come up with non-contradictory information regarding the prevention of transmission

To ensure the family planning messages carry information on the use of condom and regulate the extent to which non-state actors such as the religious leaders can derail the debates to effect strategic change for family life.

Access to land by Women particularly rural women

The Gambia report has aptly described the precarious position of rural women as a group that is more disadvantaged than their men folk…They constitute about half the productive population yet they do more than half the country’s work. They are the main producers of rice, the staple food crops of the country., and contribute greatly to the physical welfare and economic life of the country. Yet their contributions go largely unacknowledged and unpaid… Their access to land is limited and conditional. May I draw the attention of this august body that land allocation is directed to the private sector and the private individual for entrepreneurial purposes. This process is further marginalising the chances of women to access land in the traditional tenure system. The current land reform is not gender sensitive. Similarly, inadequate access to information, training, credits and markets marginalises women to access land for their livelihoods.

This situation is unacceptable and violates CEDAW Article 14, 1 and 2 a-h and the relevant general recommendation to that effect.

Recommendation

We recommend that the government take the appropriate measures to address the situation and ensure that the current land policy in place takes account of the gender impact regarding land allocation.

Madam Chair, I wish to once again express sincere appreciation to this august body for allowing me to put forward the issues of concern for Gambian Women

Thank you.

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