Yahya Jammeh 22-year rule was marked by atrocities, but TRRC Recommendations implementation challenges persist

The Gambia’s transitional justice journey has been a cornerstone in the extensive human rights violations committed during the 22-year rule of Yahya Jammeh, which was marked by widespread human rights violations. Mr Jammeh’s 2 decades rule has catalysed an ongoing transitional justice process aimed at addressing past atrocities and ensuring accountability. Despite notable strides, challenges remain in fully implementing the Truth, Reconciliation and Reparations Commission (TRRC) recommendations. Sustained political will, international support and civil society engagement remain vital for consolidating gains and achieving lasting peace and justice in The Gambia, according to justice advocates. Mariam J. Ceesay - Women Association for Victims Empowerment (WAVE) Staff in her presentation during a capacity building workshop for members of The Gambia Federationof the Disabled (GFD) held from 8 to 10 November 2024 stated that Yaya Jammeh’s regime was marked by atrocities, including extra judicial killings, torture, forced disappearances, and other abuses. The Workshop was meant to update persons with disabilities about the ongoing Gambia's transitional justice process, as part of disabilities inclusion and mainstreaming efforts. She noted that in response- the transition to democracy under Adama Barrow's leadership initiated reforms centered on truth, accountability, and reconciliation. She highlighted key developments in The Gambia’s Transitional Justice Process, such as the Truth, Reconciliation and Reparations Commission (TRRC), established by an Act of Parliament in 2017, mandated to investigate human rights abuses between July 1994 and January 2017, among others.

Below is full Mariam J. Ceesay's presentation verbatim: “The 22-year regime of Yahya Jammeh in The Gambia was marked by widespread human rights violations including forced disappearances, extrajudicial killings, torture (including rape), arbitrary arrest and detention amongst others. A coalition of political partiesunder the leadership of H.E Adama Barrow defeated former president YahyaJammeh, which ushered a new Government on the promise of restoring good governance and the respect for rule of law. Jammeh sought exile in Equatorial Guinea in 2017 after the defeat. There was a consensus on the need to embark on a transition for the country to come to terms with the violations that took place under the previous regime, in line with the legitimate expectation of the Gambian people. In 2017 The Gambia resolved to formulate a National Transitional Justice Programme to help restore democratic governance in the country. In this regard the government through the Ministry of Justice and partners organised a National Stakeholders Conference to create a forum for consultation and dialogue as a prelude to Transitional Justice programme that would strengthen Rule of Law and protection of human rights in The Gambia; ensure full democratic participation in national affairs; provide a solid foundation for good governance; and establish strong governance institutions including a Human Rights Commission. A key outcome/recommendation of the conference was the resolve to set up a Truth, Reconciliation and Reparations Commission (TRRC) and a mechanism for prosecution after the truth-seeking process. In 2017, a TRRC Act was established by an Act of Parliament to Investigate and establish an impartial historical record of the nature, causes and extent of violations and abuses of human rights committed during the period of July 1994 to January 2017 and to consider the granting of reparations to victims and for connected matters. In addition, the TRRC was mandated by the Act to: establish and make known the fate or whereabouts of disappeared victims; provide victims an opportunity to relate their own accounts of the violations and abuses suffered; and grant reparations to victims in appropriate cases.Thus, the mandate of the TRRC extended beyond the documentation of atrocities and charged the Commission with the responsibility of identifying and recommending for prosecution of persons who bear the greatest responsibility for human rights violations and abuses. A unique feature of the truth commission was that it’s mandate included the power to grant reparation to victims in appropriate cases. The TRRC was launched October 2018 and commenced public hearings on the 7 January 2019 and ended on the 8 May 2021. The Commission’s mandate was to examine the alleged human rights violations that occurred during the 22 year rule of former President Yayha Jammeh. Each public testimony was broadcasted on TV and streamed live on social media for Gambians and international actors to follow. The Commission also provided interpretation in various local languages and in some instances, interpretation for non-Gambian witnesses. These arrangements ensured that Gambians across the world could actively follow and participate in the transitional justice process, reflecting a widespread movement for change.The proceedings were divided into 17 different thematic areas and a total of 392 witnesses testified including former government insiders- such as ministers, police and intelligence chiefs, and members of the “Junglars”- a notorious military hit squad that took its orders directly from Jammeh, in addition to experts and numerous victims. The TRRC received over 2600 statements from January 2019 to May 2021. The TRRC in line with its governing act submitted a report to the President in 25 November 2021 and the president, through the Minister of Justice published the 17-volume report on the 24 December. The TRRC final report made aseries of recommendations ranging from constitutional and legislative changes, institutional reforms, security sector reform, reparation for victims, memorialisation and prosecution of persons who bear the greatest responsibility for the human rights violations and abuses that occurred in the 22 year period. Following the report’s release, the Ministry of Justice published a White Paper on behalf of the Government in which 97% of the TRRC’s recommendations were accepted. Following the TRRC, MOJ continues to oversee the implementation of the transitional justice processes in The Gambia and the National Human Rights Commission (NHRC) is tasked with monitoring the implementation of the TRRC recommendationsHowever, since the TRRC submittedit’s final report and the release of the white paper, here is a comprehensive list of the efforts made in respect to the transitional justice process:-Enactment of the Reparation Act:This Act is geared towards providing reparations for the victims who suffered violations from July 1994 to January 2017 recognised by the TRRC and equallynew victims that were not identified or heard by the TRRC for one reason or the other. The importance of this Act does not only limit to providing monetary compensation to victims but is rather committed to ensuring life-transforming reparations are provided to victims of these human rights violations.Therefore a fund for the provision of such reparations including an establishment of a commission that shall be responsible for the management of the funds and for connected matters. Prevention of torture act passed by parliament; This Act, provides the legal framework for the prohibition, prevention and punishment of any form of torture and other forms of cruel, inhuman or degrading treatment in The Gambia and provides penalties aimed at ensuring accountability for acts of torture.The importance of this act within the Transitional Justice process The Gambia is undergoing cannot be over emphasized. Torture has been a pervasive issue in our country, and itseffects have been long-lasting and profound. This act will help to prevent such violations from happening in the future and will provide a framework for the investigation and prosecution of those responsible for such heinous acts.The Act also imposes a duty on all persons to report all forms of torture and inhumane treatment to relevant authorities and also provides for the protection of witnesses, victims and persons reporting torture Mutual assistance in criminalmatters act passed by parliament; The passing of this law is a significant milestone in the transitional justice process of The Gambia, particularly with regards to accountability for human rights violations committed during theJammeh regime. The law provides a framework for mutual legal assistance in criminal matters between The Gambia and other countries, enabling the country to cooperate with foreign law enforcement agencies in investigating and prosecuting cross-border crimes. Enforced disappearance is one such crime that often occurs across national borders, making it challenging to investigate and prosecute. The Mutual Legal Assistance in Criminal Matters Act of 2023 will be crucial in investigating and prosecuting enforced disappearances that were revealed to have occurred during the Jammeh regime.The law enables The Gambia to request assistance from other countries inobtaining evidence, witnesses, and other forms of assistance needed to investigate and prosecute these crimes. Also the Government of The Gambia’s commitment to implement the TRRC recommendations through MOJ came up with a comprehensive implementation plan that emphasizes on transparency, inclusivity and accountability. As part of this plan, a transitional justice coordination mechanism was established to oversee the implementation process, ensuring collaboration among government agencies, civil society organisations, and other stakeholders. The mechanism also tends to facilitate dialogue and consultation with victims and their families to ensure their voices are heard.”