By Aminata S Kuyateh
The leaders of the sub-regional bloc Ecowas, at a meeting in Abuja, approved the establishment of the Special Tribunal to prosecute crimes under former president Yahya Jammeh.
The idea of the hybrid court – tailored around the one that tried and convicted late Chadian dictator, Hisséne Habre in Dakar, was necessitated by the fact that some of the offences committed by Jammeh and accomplices – including as crimes against humanity and torture – were not offences under The Gambia’s domestic criminal laws at the time they were committed.
But with the Ecowas-approved hybrid court expected to have the jurisdiction to try such crimes, there’s hope that finally, there’ll be justice for victims of the Jammeh regime. For Jammeh’s victims, the justice they’ve long been waiting for, is closer now than ever, thanks to this plan.
“Our struggle would be less difficult now that we are assured of the sub-region’s support in holding perpetrators to justice,” says Fatoumata Sandeng, daughter of slain political activist Ebrima Solo Sandeng.
If swiftly implemented, the court could mark a turning point in the campaign to bring Jammeh and his accomplices to justice, the International Commission of Jurists said in a statement Monday.
The Gambia government, through the Ministry of Justice, said the hybrid court “will ensure justice and accountability for gross human rights violations committed between July 1994 and January 2017”, adding it is committed to “ensuring justice for victims, promoting national reconciliation, and fostering a more equitable society.”
International lawyer Reed Brody described the approval by Ecowas for the court as “an important step in achieving justice for the victims, and especially in opening the perspective that Jammeh himself will be brought to book one day soon”.
In a statement on X (formerly Twitter), Africa Transitional Justice Legacy Fund (ATJLF) wrote: “We are excited about the approval from Ecowas Authority of Heads of State and Government for the establishment of a Special Tribunal in The Gambia to prosecute perpetrators of atrocities committed under Yahya Jammeh’s dictatorship. This is a significant step towards ensuring accountability and justice for victims.”
More hurdles ahead
There is a growing sigh of relief that after more than seven years since the Truth, Reconciliation and Reparations Commission (TRRC) was set up to probe allegations of gross rights abuses under Jammeh, and years of delay by the government to fully implement TRRC recommendations, the victims may now finally have their day in court. However, the process to get there is still far away, according to experts and analysts.
“Agreeing on the contours of the court, writing the Statute, and getting it approved by Ecowas, was the easy part – and that took three years,” says Lawyer Brody, who has been working with victims of the Jammeh regime. “The hard part will be funding the court, which will cost tens of millions of dollars, finding the staff, and getting it up and running.”
There are concerns multiple former Jammeh allies – including current Speaker and Deputy Speaker of Parliament – holding senior and influential positions in the Barrow administration may hamper the successful prosecution of Jammeh. It should be noted that these “Jammeh enablers”, including Speaker Fabakary Tombong Jatta and his deputy and a key figure in the ruling NPP, Seedy Njie, have not publicly admitted or condemned Jammeh’s reign of terror. These appointments, according to analyst Alpha Bah, could potentially undermine the government’s commitment to prosecuting Jammeh and his associates, saying they may influence the judicial process and dilute its effectiveness.
“Even though they might not have participated directly in commissioning such crimes, they were part of Jammeh’s government. The transitional programme remains uncertain, including recommendations from the TRRC. This also could point to a political vendetta. The involvement of individuals linked to Jammeh’s regime could pose challenges to achieving justice and accountability in The Gambia,” he said.
Lack of political will?
Madi Jobarteh, the founder of Edward Francis Small Centre for Rights and Justice (EFSCRJ), recalled the “immense international goodwill” The Gambia has enjoyed since 2017 for it transitional justice process. However, he said, the government has plundered those opportunities.
“Since 2017, because of the failure of this government to ensure effective transitional justice at the heart of which is to ensure accountability, we have seen how Jammeh and remnants of his supporters are emboldened in the country,” he said.
“The fact that [President Adama] Barrow himself has to form an alliance with Jammeh’s party is a clear indication of his lack of political will for justice and accountability. Today, he has brought several key Jammeh enablers into key decision-making and strategic national institutions such as the Cabinet and the National Assembly. This can only mean that Barrow and his government are not interested in the objectives of the transitional justice agenda, one of which is the creation of a new constitution,” Jobarteh added.
Aminata Kuyateh is a reporter with The Standard newspaper.
