On 26 October 2024: a one-day workshop was convened by The Gambia Federation of the Disabled (GFD) to update persons with disabilities on the process of TRRC recommendations, via a popularisation programme, in collaboration with the Women Association for Victims Empowerment (WAVE). The event was held at the Gambia Organisation of the Visually Impaired (GOVI) Resource Centre in Kanifing and was attended by members of the Disabled Peoples’ Organisations affiliated to GFD.
The delegates at the workshop were informed about the ongoing TRRC recommendations implementation process, a brief history and it's purpose.
During the opening briefing it was revealed that a number of financial and technical resource issues is hindering the implementation of the TRRC recommendations. The workshop also informed the delegates present of the progress made so far, including informing the delegates the Ministry of Justice had set up a dedicated team to oversee the popularisation programme and to monitor how various players were progressing with the aims of the recommendations.
Adama Sarr, GFD's Communications Officer explained during her presentation that similar sensitisation activities for Persons with Disabilities (PWDs) were simultaneously ongoing in other parts of The Gambia, led by the GFD Chairman, who was in other regions of The Gambia sensitising other affiliated organisations.
This comment was confirmed by Magistrate Muhammed Krubally, Chairman of GFD, who explained that the GFD had split into two teams, one covering Kanifing Municipality and West Coast Region, while he and his team travelled to Lower River Region (LRR) and North Bank Region (NBR) respectively.
Mr Rod Hawes - GFD volunteer and Program Officer - who has been with GFD for 9 years in his presentation gave a brief summary of the TRRC Recommendations which were 265 points, out of which the Government rejected 2, and accepted 263 recommendations.
He explained that the TRRC cannot serve as a prosecuting body to try those persons recommended to be tried. Adding: “The Government needs to set up a special court to preside over the cases. He added that such court cases are very expensive to try if they are taken to the ICC who has the jurisdiction and mandates to prosecute such cases. He cited cases of TRRCs in Kenya, Uganda, South Africa, SRI Lanka, among others to buttress his points.
“This is the case with the TRRC recommendations which call for the former Gambian President- Yahya Jammeh to face such a trial along with his key associates. However, there are many risks attached to such a trial were it to be held in The Gambia, as it may not be safe to bring Ex-President Jammeh to The Gambia or those accused alongside him. However, others accused of committing crimes against humanity under his regime can be tried locally if it is considered that their crimes were of a lesser nature. Among the many reasons why Governments fear to prosecute 'in country' one of the most concerning is security given that he still has many followers in the country and that the nation's security – namely the police officers and soldiers may be among those facing trial and that invites the risk of possible violence if attempts are made to prosecute them.
“However, the government has made some money to available to TRRC for the payment of interim reparations for those victims who were traumatically affected and who developed serious mental health issues; some of these victims have been flown to Turkey for treatment. Typical examples are those with serious depression and anxiety complexes plus those with Post Traumatic Stress Disorder (PTSD). However many we understand has received no treatment.
“One of the TRRC recommendations was for a Reparation Commission to be established plus an amendment to Gambian law to introduce an Anti-Torture Act: This was not in place initially. The government reacted by passing an Anti-Torture Act thus enabling them to prosecute torture cases in the Gambian Courts if they so wish,” Mr Hawes stated.
He further expressed the need for the implementation of the TRRC recommendations to be transparent, accountable and robust. He cited the numerous committees set up, making up the stakeholder platforms comprising of civil societies and government, to serve as channels for effective implementation and for establishing the popularisation programme that describes the foregoing process of sensitisation of the public on the TRRC recommendations and what stage the process is at.
Modou Lamin Kujabi, Focal Point for Persons with Disabilities and an Intern at Women's Association for Victim Empowerment (WAVE) explained the efforts undertaken by Wave in supporting victims of Human Rights Abuse and recounted numerous gender-based cases of violence that took place in the country.
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