INTRODUCTION

On 7th January 2019, the first public hearing of the Truth, Reconciliation and Reparations Commission, TRRC took place at Dunes Resort in Kololi, a bustling neighbourhood in urban Gambia. Following Yahya Jammeh’s departure, the Commission was set up to investigate and establish an impartial record of human rights violations committed in the country between 1994-2017.

Today: After over 871 days of testimony covering some of the darkest periods in Gambian history, many are still waiting for justice.

Over the course of two and a half years, the Commission heard from 392 witnesses, which included victims, perpetrators and expert witnesses. The TRRC was initially mandated to complete its investigations within two years, and planned to finish public hearings by October 2020. However, the COVID-19 pandemic resulted in multiple suspensions of public hearings and the mandate was extended to June 2021. The TRRC Final Report was set to be released in July 2021, but was delayed twice to the frustration of victims and civil society organisations. On 25th November, the TRRC submitted its much awaited  report to the President, Adama Barrow and on 24th December 2021, it was made public.

In its report, the TRRC made many recommendations, the most notable of which was to prosecute Yahya Jammeh for the numerous human rights violations and crimes against humanity committed during his 22-year rule. The Commission was judicious in recommending others for prosecution; it named 71 individuals (two of them already deceased), but a number of them (including those accused of crimes against humanity) have applied for amnesty which could absolve them of their criminal charges.

Shockingly, the Amnesty Committee of the TRRC approved an amnesty recommendation for Sanna Sabally, fellow coupist of Yahya Jammeh in July 1994 and former Vice-Chairman of the Armed Forces Provisional Ruling Council, AFPRC of the military junta at the time. In its final report, the TRRC found Sanna Sabally along with Edward Singhateh, Yankuba Touray and Yahya Jammeh as perpetrators bearing direct and the greatest responsibility for the November 11, 1994 incident. Their brutal acts included torture, assault, beatings and extrajudicial killings of at least 11 Gambia National Army, GNA soldiers as well as beatings, arbitrary and unlawful detention of five private soldiers.

Overall, the TRRC was more inclined to propose bans from public office than criminal prosecutions. The Commission suggested ban from public office (usually lasting 5-10 years) for many perpetrators, including those linked to serious human rights violations like torture. Some of those recommended for a ban are already retired, are about to retire or would most probably have no interest in service in a public office. Additionally, a ban from public office does not prevent them from serving as a member of parliament or in similar political positions.

With the release of the Final Report, President Adama Barrow is given six months by the TRRC Act to  respond to the TRRC’s recommendations and the government is expected to publish a White Paper by 24th May 2022 that will essentially outline a roadmap for the implementation of the recommendations. As ANEKED releases this publication, civil society organisations are pushing to ensure they are involved in drafting the Gambian government’s upcoming White Paper and are disseminating the TRRC’s recommendations as far and wide as possible.

From the outset, the TRRC’s commitment to public hearings set it apart from other truth-seeking exercises, which were largely inaccessible to the general population. Each public testimony was broadcast and streamed live to a large audience, from local Gambians to international actors. The Commission also provided interpretation in various local languages, including Mandinka and Wolof (and in some instances interpretation for non-Gambian speakers). These arrangements ensured that Gambians across the world could actively follow and participate in the transitional justice process, reflecting a widespread movement for change.

Given the length of testimonies, some of which took place over multiple days, specific details, such as the names of those adversely mentioned or conflicting accounts, got lost in the swathes of information being transmitted live from the TRRC. Observing this gap, ANEKED decided to actively summarise every testimony, highlighting the persons mentioned in relation to crimes and closely mapping the places where human rights violations were said to have taken place. The information was also translated into the four local languages and broadcast on community radios. The summaries provided by ANEKED were meant to create an active record of the TRRC’s documentation initiatives that, after its conclusion, would serve as an archive recording of known human rights violations so that the victims’ stories are never forgotten or buried and Gambia’s dark past is not rewritten.

Although the TRRC’s approach was a largely effective one, there were a few processes we deemed flawed. For example, certain sessions and decisions made lacked a victim-centred approach. This was evident in the issue of gender mainstreaming; the Commission’s perspective elided the specific burden of gender on multiple occasions. Session 9, dedicated to testimonies about Sexual and Gender-Based Violence, SGBV featured a high profile perpetrator’s 15/16-hour testimony that had nothing to do with SGBV (for context, the other witnesses - mostly  female survivors of SGBV - got a combined total of around 16 hours). Furthermore, ANEKED observed the language used by the TRRC when speaking about the violence they were subjected to, including the use of the word “alleged”, which had not been the case when witnesses discussed topics such as torture, enforced disappearance and extrajudicial killings during previous sessions. The TRRC’s Final Report displayed similar lapses:  “The Commission was told that he – the former President Yahya A.J.J Jammeh did not use protection when he raped the women (some consensual) which led to the several women falling pregnant.” The use of the word “consensual” when discussing rape contradicts the definition of rape provided for in the report itself: “Rape is defined as the non-consensual penetration (however slight) of the vagina, anus or mouth with a penis or other body part or any of an animal.”

Taking a step back from the specifics of the Commission’s approach, the rationale behind the government’s decision to place the TRRC at the forefront of the Gambian transitional justice process - ahead of criminal prosecutions, institutional reform, and reparations - for over 4 years -raised several concerns. The government’s choice to use a sequential approach and place truth-seeking before prosecution has significantly delayed the legal redress afforded to victims in the interim, even in cases which do not require the Commission. Most importantly, the TRRC is an independent body, not a judicial one. It cannot supplant the government’s responsibility to conduct criminal investigations. The UN Working Group on Enforced and Involuntary Disappearances, WGEID has reiterated this on several occasions in the past. After his visit to The Gambia in November 2019, the UN Special Rapporteur on the promotion of truth, justice and reparations highlighted that trust between the State and society can only be restored when the State “upholds its legal and institutional obligations”.

Unfortunately, the government’s choice to delay prosecutions has had real consequences for Gambians. Victims have since passed away, so have perpetrators without facing justice and impunity is still the order of the day. As we release this Final Edition, former Junglers including Saul Badjie, Musa Badjie, Landing Tamba, Malick Jatta, Amadou Badjie and Omar “Oya” Jallow, Alieu Jeng and Ismaila Jammeh who were named (and some of them even confessed) in multiple instances of torture, enforced disappearances and extrajudicial killings, were released from prison and, according to recent reports, are freely attending community events such as naming ceremonies. Others continue to serve in the army, such as Lamin Sillah.

In this publication, ANEKED analyses each session of the TRRC, examining historical facts, religious and social dynamics, and other relevant contexts to fully contextualise the crimes and incidents narrated before the Commission. A compilation of a full list of victims and perpetrators is also included as well as an extensive mapping of the places human rights violations are said to have taken place. In addition, this publication serves as a shadow report. It highlights gaps and entry-points for improvement regarding the Commission’s gender- and victim-sensitive approach and attempts to determine how recent developments impact the transitional justice process in The Gambia.

It has been over five years since Yahya Jammeh fled the country, and Gambians have spent them reckoning with the extent of the crimes and human rights violations that occurred during his rule. Now that the TRRC is over, will Gambia’s government move beyond truth commissions and pursue other long overdue tenets of justice, such as criminal prosecution or institutional reform?

The future of Gambia’s transitional justice process rests on the government’s response to the TRRC’s final report -  they have until 25th May 2022 to act. Without justice, there can be no peace, without peace, there cannot be sustainable development. Accountability is inevitable and is not negotiable.