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AG appeals for in’tl support to fund USD$60m special tribunal

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By Omar Bah

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Justice Minister Dawda Jallow has called on the international community to support the country’s transitional justice process, including the establishment of a hybrid tribunal to address human rights violations during former president Yahya Jammeh’s regime.

The tribunal, blending domestic and international elements, aims to ensure accountability and reconciliation. International backing, including financial and technical assistance from entities like Ecowas and the UN, is critical for the tribunal’s success and the broader justice process.

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Presenting Gambia’s Human Rights Universal Periodic Review in Geneva on Tuesday, AG Jallow made this appeal: “We call on the international community to support our transitional justice efforts particularly through funding the Special Tribunal and strengthening victims’ reparations programmes.”

Minister Jallow said the justice and accountability segment, which involves the prosecution of nearly 70 individuals recommended by the truth commission, is being executed under the Special Accountability Mechanisms Act.

“This Act establishes three important entities namely, the office of Special Prosecutor, the Special Criminal Division of the High Court and the International Tribal in partnership with Ecowas. The total expenditure for establishing and operationalising the Special Tribunal is estimated at USD$60 million over a period of five years, he said.

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He said once 60 percent of the necessary funding is secured, the process of establishing the tribunal will commence.

“Notwithstanding, the government plan to operationalise the Special Prosecutor’s office by June 2025 to initiate domestic prosecutions where feasible,” he said.

He went on: “Furthermore, the government had made significant progress in collaborating with international partners on a bilateral basis to prosecute individuals accused of gross human rights violations committed in The Gambia. This is achieved through the application of the universal jurisdiction principle highlighting our steadfast commitment to justice and accountability. Victim reparations remain a key priority of the Barrow government, and this is evident in the recent enactment of the Victims’ Reparations Act of 2023.”

Minister Jallow assured the international community that the Barrow administration is committed to the full implementation of the TRRC recommendations and the transitional justice process.

He said the conclusion of The TRRC represented a critical milestone in Gambia’s transitional journey, stating that out of the 265 recommendations provided by the TRRC, 263 have been accepted, and efforts to implement them are currently on the way through the post-TRRC Unit within the Ministry of Justice.

“To date, approximately 16 percent of the TRRC recommendations have been implemented, including key legislative reforms and victim support initiatives. The government’s implementation plan encompasses a broad array of areas, including justice and accountability, victims’ reparations, institutional and legislative reforms, as well as peacebuilding and reconciliation,” he said.

Constitution

AG Jallow disclosed that the Constitution Promulgation Bill, which is expected to be considered during the next session of the National Assembly in March 2025, enshrines fundamental rights and freedoms as a cornerstone of Gambia’s governance reform.

“The draft constitution reflects inputs from an extensive public consultation process including civil society, youths and women’s organisations. This inclusivity underscores our commitment to participatory governance,” he added.

Key provisions, Jallow added, include the abolition of the death penalty, the introduction of a term limit for the president, expanded protections for vulnerable groups, affirmative action for increasing women and other vulnerable groups representation in the National Assembly and strengthening mechanisms for accountability.

Turning to Gambia’s human rights report, AG Jallow said during the last Universal Periodic Review cycle, The Gambia has implemented 207 of the 222 recommendations made by member states.

“These recommendations have served as a roadmap for our reform agenda focusing on transitional justice, institutional strengthening of gender equality and social economic rights.

Despite challenges posed by limited resources and global crisis, The Gambia has made commendable strides in implementing these recommendations. Our report was developed through a highly participatory process involving consultation with government institutions, civil society and international partners.”

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