ABA ROLI contributes to the work of the Truth Reconciliation and Reparations Commission of the Gambia

 The experts who participated in the December 2019 discussion on the Truth Reconciliation and Reparations Commission’s mandate to issue reparations to victims of human rights violations.

Since December 2016, when Gambians elected President Adama Barrow, the Gambia’s new government has launched a comprehensive transition process. Through this process, Gambians will establish new institutions and the adoption of legal and institutional reforms; the developments represent what many are calling the ‘new’ Gambia.

The election marked the end of two decades of one of the darkest periods in the Gambia’s history under the former President Yaya Jammeh. During this time, Gambians experienced brutal political repression, widespread human rights violations ranging from extrajudicial killings, torture and other forms of cruel and inhuman treatment, forced disappearances, arbitrary arrest and detention, and sexual violence. Rule of law institutions were hollowed out, excessive force by security forces was common, impunity widespread, and public dissent was not tolerated.

For the past three years,  the country has fast-tracked the democratic transition through the immediate establishment and prioritization of key institutions. These institutions include: the National Human Rights Commission, with a mandate to promote and protect human rights in the country; the Constitutional Review Commission, with a mandate to produce a new rights-based constitution in place of the former; the Janneh Commission of Inquiry, intended to document and investigate the financial misconduct committed during the former President’s rule; and the Truth, Reconciliation and Reparations Commission (TRRC), mandated to promote truth, justice, reparations, and reconciliation in the country. Despite limited resources, citizens have also ushered in popular reforms across the judicial, security, and other government sectors.

Established in 2017, The TRRC’s mandate is to document, investigate, and report on the human rights violations under Jammeh. The TRRC is designed to contribute to the Gambia’s search for truth, justice, and reconciliation as it transitions from an authoritarian regime to a participatory democracy. It is expected to inform other accountability efforts including criminal prosecutions of perpetrators of human rights violations and war crimes. It is also expected to deliver reparations to victims of violations. The TRRC of the Gambia is unique in that it is the first time a truth commission has the delivery of reparations as a core element of its mandate. Indeed, it has already begun to issue ‘interim reparations’ to victims in urgent need of medical care and who would not otherwise survive, or whose condition would further deteriorate without this immediate assistance.

In December 2019, ABA ROLI’s Africa Division Senior Technical Advisor, Ismene Zarifis, participated in an experts discussion about the TRRC’s mandate to issue reparations to victims of human rights violations. Experts gathered to review, analyze, and provide input into the Gambia’s draft reparations regulations, which will determine the delivery of reparations to beneficiaries. The TRRC and its international partners, the International IDEA and the United Nations, brought together experts to Banjul, the Gambia, from inside and outside Africa, to share insight on reparations programs from other transitional justice processes.Country examples included: Liberia, South Africa, Togo, Morocco, Uganda, Rwanda, and Colombia. Discussions centered around the definition of a victim, setting criteria for who qualifies as a beneficiary, the various forms of reparations to be recognized (monetary and non-monetary), the consideration of individual and collective measures, the need for a combination of urgent and long-term measures, and various procedural matters.

In a letter of gratitude from the TRRC, the Vice Chair stated, “The technical input of the experts has facilitated the inclusion of principles, standards, and benchmarks that successful reparations must follow taking into account the specific country context.”

ABA ROLI will continue to provide assistance to the TRRC as it proceeds to finalize the regulations and tackle questions of implementation of its reparations program. Learn more about ABA ROLI’s work in Africa.