The National Assembly Hall
By Ramatoulie Jawo
On March 4, 2024, Hon. Almameh Gibba, the National Assembly Member for Foni Kansala Constituency, introduced a bill aimed at lifting the ban on Female Genital Mutilation (FGM) in The Gambia. Hon. Gibba advocated for allowing Gambian women to choose and practice FGM at their discretion.
Since its introduction five months ago, the bill has sparked intense debate on social media among human rights advocates, feminists, Islamic scholars, and other social commentators.
However, on July 15, 2024, the National Assembly Members rejected the bill. This decision marks the first time in the history of the sixth legislature that a bill has been entirely rejected, with the majority voting against all its clauses during the consideration stage.
In his ruling, the Speaker of the National Assembly, Hon. Fabakary T. Jatta, cited Order 72(19) of the Standing Orders, which states that at the completion of the consideration stage, the bill shall be referred to the Assembly Business Committee for scheduling of the third reading.
“However, this Bill has been considered by the Committee of the Whole Assembly without its clauses standing as part of it. Hon Members, under this circumstance, where the Assembly has never witnessed a scenario of an entire Bill negatived at Consideration Stage, I would invoke Order 8(1) of the Standing Orders which states that, In all cases where matters are not expressly provided for by these Standing Orders, any questions on procedure or order shall be decided by the Speaker to rule that the Women (Amendment) Bill, 2024 having gone through the Consideration Stage with all the clauses voted down, is hereby deemed rejected, and negatived,” he made the ruling
The Honorable Speaker stated that the ruling is appropriate, as the Assembly cannot engage in the futile exercise of allowing the Bill to proceed to the Third Reading without its clauses.
According to the Speaker, Order 72(20) of the Standing Orders requires that when a bill has been amended at the consideration stage, the entire text of the bill, along with a revised Memorandum of Objects and Reasons, should be printed if practicable. If this is not practicable, the text of every amended clause or schedule, as well as any new clause or schedule added, must be printed, published, and circulated to Members in advance of the final stage.
“ Hon. Members, this is practically impossible as the Bill is now without clauses, which are fundamental for it to be read the third time and passed. In accordance with Order 8(1) of the Standing Orders, I so rule that the Bill is rejected and the legislative process exhausted,” he said.