By Yankuba Jallow
The Gambia in 2017 embarked on an ambitious project to investigate past human rights violations committed during the 22-year repressive regime of former President Yahya A.J.J Jammeh. A Truth Commission known as the Truth Reconciliation and Reparations Commission (TRRC) was established through legislation to investigate and provide a full and impartial record of the violations. The work was done within two and a half years (871 days).
The report of the defunct Truth Reconciliation and Reparations Commission (TRRC) was presented to the President of the Republic in November 2021 with 265 recommendations. After 6 months, the Government came up with a White Paper containing the approvals and disapprovals of the recommendations. 263 recommendations were approved and 2 were rejected. TRRC recorded 1009 victims, while the Victims Center has a list of 1500 victims. The newly established Reparations Commission, which will become operational in 2025, has been mandated by the law to develop its database. The National Human Rights Commission (NHRC), a body mandated to monitor the government’s implementation of the TRRC recommendations, published a report. The report indicated that 16 recommendations have been fully implemented, 192 recommendations are being implemented, and 55 recommendations have not yet commenced.
There are 59 implementing institutions, according to Ida Persson, a special advisor to the Attorney General and Minister of Justice. The Government came up with an implementation with a 5-year timeline to end in 2027. The implementation phase has four (4) components – reparations, justice and accountability, reconciliation, and legislative and institutional reforms. The TRRC recommended the prosecution of 69 people.
“We have adequate judicial mechanisms to prosecute,” Ida Persson said.
“With a five-year mandate to ensure that all 263 recommendations approved by the Government are realized, we must work diligently and swiftly, for time is of the essence,” Dr Momodou Tangara, the Minister of Foreign Affairs said.
Dawda A. Jallow, the Attorney General and Minister of Justice explained that there are three main areas for the prosecution of cases. The Special Tribunal is established to try cases of international nature while the Special Criminal Division of the High Court has been prepared and ready to hear cases using Gambian laws. The Special Prosecutor’s Office will be responsible for investigating and preparing cases. The Special Prosecutor will decide who is to be tried and the nature of the charges.
On the question as to where former President Yahya A.J.J Jammeh will be tried, the Attorney General and Minister of Justice, Dawda A. Jallow, explained that the Special Tribunal will be based in the Gambia with the understanding that it can change its venue.
“We design the system in a way that the court can decide to move where necessary,” Minister Jallow said
The Special Tribunal for the Gambia will function as an independent institution that incorporates both national and international law. It will have a wide-ranging jurisdiction over international crimes as well as serious violations under Gambian law. Its headquarters will be in The Gambia, but it will also have the capacity to hold proceedings in third countries if necessary. That could mean alleged perpetrators hiding outside the Gambia could still face trial.
Ida Persson, the Special Advisor to the Attorney General and Minister of Justice on Transitional Justice said they are expected to implement 304 activities, which will cost about $150,000,000. She made reference to the NHRC report, which listed challenges in the implementation of the recommendations. One of the main technical.
The NHRC recommended that the law reform process be expedited and urged the Government to prioritise resource mobilisation. Ida called for partnership because the implementation of the recommendations is very expensive.
Sirrah Ndow, the Chairperson of the Alliance of Victim-led Organisations, complained that the implementation process is slow.
“The slow pace of the implementation is an understatement for the victims. Many of them are suffering in pain, especially in the cold season,” Sirrah said.
She decried that most of the victims do not have access to medical support. She mentioned that the Government has already set up a medical board to provide the victims interim medical attention. According to her, a little over a hundred victims have been supported through that board to access medical support.
“Ten Million Dalasi (D10,000,000) was allocated for the Medical Board. The Board received D8,000,000 and has started work. It took time for the Medical Board to receive the funds,” she said.
Sirrah explained the process to access the funds for the Medical Board was delayed by bureaucratic processes. She said the processes should be driven by a victim-centred approach and motivated by support for victims.
“The victims need support. There are a lot of referrals by the Medical Board but they cannot access the support needed,” she said.
She narrated some success stories of victims who got support through the Medical Board. One was a victim who could not walk without support, but after the treatment, the person could now walk without need for any support. While she stated that there are success stories regarding the support through the Medical Board, she decried there are challenges for some of the victims.
“Some are waiting to be tested or examined – these services are not available here in the country. We have to have a system in place to support the victims,” she said.
She decried that some of the victims have died and some need urgent medical support. She lamented that some died because they could not have medical support. She stated that a victim lost her life in the provincial town of Farafenni because of a lack of an ambulance to transport her to the township.
Sirrah Ndow said 16 recommendations from the 163 accepted TRRC report contained in the Government’s White Paper have been completely implemented. She cited the promotion of five (5) female prison wardens, who refused to succumb to sexual advances directed at them. She hailed the Government for promoting those ladies.
Sirrah also called on the Government to support the children and families of the victims in terms of providing them scholarships which include fares, uniforms and textbooks among other needs.
Sirrah also discussed one fundamental recommendation of the TRRC regarding a group of Gambians living in exile after they were chased out of the country by the former regime for manifesting their religious belief. She said the followers of the late religious leader, Sering Ndigal, were sent to exile by the regime of former President Yahya Jammeh for professing and manifesting their religious beliefs. They have been exiled since 2009 and have yet, to return to the Gambia, even though they have a judgement of the High Court in their favour. The judgement was delivered by the Court in October 2017 by Justice Amina Saho-Ceesay, who passed a declaration that the followers of Sering Ndigal are Gambians and have the right to return and take over their lands and properties. The court forbids the Government and all its agencies including the police from stopping them. The TRRC report upheld the judgement and made recommendations for the Government to adhere to the judgement. She stated that the children in exile do not have access to education. She called on the Government to take adequate steps by working with all stakeholders including the civil society in ensuring the judgement is enforced.
She stated that the Gambia, as a country, only has one specialist in psychosocial support, who is not a Gambian.
“If she decides to go home there will be a problem,” she said.
Kebba Johm, a programs officer at the Victims Center indicated that they appreciate the progress registered so far, but decried that the process is slow.
“The timing, the speed and the pace we are doing things is a concern to the victims,” Kebba said.
Kebba called on the Government to ensure that the Reparations Commission starts work within the next 3 months because waiting for 6 months is a concern to the victims considering the timing of the implementation plan.
“6 months to establish the Reparations Commission is a long duration. We appeal that it should be 2 to 3 months,” Kebba said.
Ida Persson said in December 2023 the Ministry of Health set up a Medical Board to provide victims with medical support. She recognised that after the conclusion of the TRRC process, for almost 2 years, there was a gap because the Government did not provide medical support to the victims until December 2023, when the Medical Board was established to support them. Ida said 100 victims have received medical support from the Medical Board.
“Some conditions require specialised treatment that is not available in the country,” Ida said.
Dr Momodou Tangara, the Minister of Foreign Affairs the people came together with a shared understanding of the troubles of the past, having endured 22 years of human rights violations.
“In this spirit, we are here not only to rectify the injustices of the past but to forge a future where “Never Again” becomes our guiding principle. We must ensure that no future Government can wield the state as a tool of oppression against the citizens of The Gambia,” he said.
He claimed that Gambia’s achievements in transitional justice thus far have garnered recognition, with the truth-finding mission hailed as a success and an exemplary model by the United Nations.
“The TRRC served as a crucial stepping stone, but it is the implementation phase that will ultimately determine whether our efforts are celebrated as a triumph or remembered as a failure. Above all, we owe it to the victims of human rights violations to see this process through,” Dr Tangara said.
Dawda A. Jallow, the Attorney General and Minister of Justice said 2024 has been transformative, and together, they have made significant strides in implementing the recommendations of the TRRC.
“This year has not only been momentous, but we have also achieved significant milestones in advancing the Special Accountability Mechanism. The passage of the Special Accountability Mechanism Bill and the Special Prosecutor’s Office Bill stands as a testament to our commitment to justice and accountability,” Jallow said.
He announced that on 15 December 2024, during the 66th Ordinary Session of the Authority of Heads of State in Abuja, the ECOWAS Heads of State signed a landmark decision to establish a Special Tribunal for The Gambia and adopted the statute for this Tribunal.
“This is not merely a milestone for our country; it represents a pivotal moment for our region and the global community as we strive for accountability and justice. The establishment of this Special Tribunal marks the first internationalized tribunal created by ECOWAS at the request of a Government to try international crimes that occurred within its territory. It underscores our unwavering commitment to accountability and justice for the atrocities that have shaped our history,” he said.
He also announced that the National Assembly has approved the appointment of candidates recommended to serve as commissioners for the Reparations Commission. He said the premises for the Commission have already been secured, marking yet another step forward in the country’s commitment to justice and reparations for victims and survivors, whose courage has lit the way for this process.
“This Reparations Commission is not just another institution. It represents a promise kept – a promise to acknowledge the voices of victims, whose stories have inspired us to act, to strive for justice, and to ensure that the violations suffered are neither ignored nor repeated. Through the operationalization of this Commission, we also aim to send a clear message that justice is not just about punishment; it is about rebuilding lives and restoring dignity,” he said.
He emphasised that the Government of The Gambia remains fully committed to ensuring that the TRRC recommendations are not just words on pages, but a living framework that transforms our society by setting a strong precedent that impunity will have no place in our society.
Nani Juwara, the Minister of Energy said the Government acknowledges the importance of collaboration among all stakeholders—government officials, civil society, and international partners—as they work together to address the injustices of the past.
‘We have made meaningful progress, but we recognize that challenges remain. It is our duty to ensure that the voices of victims are prioritized and that the 263 recommendations of the TRRC are not merely words on paper, but actionable steps towards healing and meaningful transformation,” he said.
He added: “We remain dedicated to the promise of implementing the TRRC Recommendations, forevermore, and for The Gambia, our Homeland.”
The appointments of seven (7) people have been approved by the National Assembly to serve as commissioners for the Reparations Commission, adding that they will commence work in 2025. Ida Persson said within the first 6 months of 2025, the Secretariat of the Commission will be fully established and their primary goal will be policymaking on payments to victims and fundraising.
She disclosed that the Gambia Government has pledged to use the entire $2.5 million that will be realised in the sales of former President Yahya Jammeh’s house in the United States and support the Reparations Commission.
Ida said the Ministry of Interior is leading the process of reconciliation, with the Peace and Reconciliation Bill already developed and is currently under review at the Ministry of Justice. The next steps would involve cabinet review and then the tabling before the National Assembly.
Aisha Jammeh, a niece to former President Yahya Jammeh, raised a concern about the enforced disappearance of victims of regimes, whose whereabouts remain unknown. The TRRC recommended that the search for the Gambians who disappeared under Jammeh’s regime be done. The Government has indicated that they do not have the forensic capacity necessary to do this. She asked about the forensic laboratory, which has still not been established. The Minister of Justice said the Government of the United States has pledged to support the establishment of the forensic lab with an amount of about $1,000,000. The Minister stated that the establishment of the forensic lab remains a gap, which they are working on to fulfill.
Dr Lamin Siss, the Chairperson of the defunct TRRC that conducted an impartial investigation into past human rights violations committed between July 1994 and January 2017 by the AFPRC and APRC regimes, stated that the Gambia has done “tremendously well” in terms of the implementation process of the TRRC recommendations. He said the momentum should be maintained.
“Transparency is very important. At the end of the day, the victims are the centre of the whole process. It is absolutely important that the momentum is maintained. Good work- splendid work,” Dr Sise said.
Some of the victims think that the pursuit of justice should go side by side with providing them with the necessary medical support. They decry that their colleagues are suffering as others have succumbed to death because of the slow process. They want the prosecution of perpetrators to go side by side with providing the right medical support to them, including overseas treatment. Another concern raised is the Government still allowing their alleged perpetrators to work in the Government, with some of them holding key positions in the public sector.
Sainabou Camara is a victim of the alleged atrocities who still suffers from complications from her abuse.
“Justice must be done, justice must be done, justice must be done,” Sainabou said. “Victims are dying one by one. Some are sick while some are in critical condition. Of course, we need this Special Tribunal for justice to be done.”
But Madam Camara echoed the words of others who are still waiting for reparations and medical treatment decades on. In The Gambia, victims are frustrated that alleged perpetrators continue to hold office.
“Our perpetrators are living free and enjoying while we are sick and not enjoying. It is so difficult for us. Some of the perpetrators are saying the report of the TRRC will be like tissue papers – meaning nothing will come out of it,” she said.“We need justice. We need our health back.”
Yusupha Mbye was shot by paramilitary personnel which affected his spinal cord. He sits in a wheelchair.
“I welcome the idea of setting up of the Special Tribunal. It is very important. We need justice. For me, our health is the most important thing for us. As I speak to you, I am very sick and I need medical support,” he said.
Yusupha complained about the demise of victims every 2 to 3 months.
“It is alarming and we are concerned. We do not know how long the process will take. We need medical support and this should go side by side with the justice process,” he said.
“For us, our priority is our health. The Government should support us to get the treatment necessary. We need urgent medical support,” Yusupha added.
Abdou Karim Jammeh, also a victim of a gunshot by security operatives for the regime, said the approval for the establishment of the Special Tribunal for the Gambia is a welcoming development.
“These are things we are yearning for, especially from our government. It is long overdue. We have been pushing for justice and it is one step after the other. We are very hopeful that with the Special Tribunal, the victims will have justice for the crimes meted against them,” he said.
Abdou Karim raised concern about the welfare of the victims, who he said have endured pain for two decades without closure. He stated that the Gambia Government should prioritise the victims and their families in national budgets to address their welfare. He also stated that the Gambia Government has been budgeting for the Reparations Commission and yet, it has not started work. Jammeh said D125,000,000 was first budgeted and in the second year, D75,000,000 was budgeted.
“They budgeted that for the victims. Who is responsible for that money? Where did that money go?” Abdou Karim asked.
Jammeh also called for the security sector reform to be prioritised to enhance the Never Again mantra.
