By Yusef Taylor, @FlexDan_YT
As part of the Truth, Reconciliation and Reparations Commission’s (TRRC) mantra of “Never Again” and the principle of non-reoccurrence, perpetrators who bear the most responsibility for human rights violations as identified by the TRRC’s Report will face prosecution. Currently, former Junta Vice President Yankuba Touray has been sentenced to death in the Gambia while former Jungler Driver Bai Lowe has also been sentenced to death in Germany Celle. Currently, former Interior Minister Ousman Sonko is facing trial for TRRC-era crimes in Switzerland.
Yesterday, 27th February 2024, the Women’s Association for Victims Empowerment (WAVE) held a half-day session with victims of human rights violations at their headquarters in Manjai. The session featured a review of the Special Accountability Mechanism (SAM) and Special Prosecutors Office (SPO). The SAM and SPO Bills will enable perpetrators to be tried under international law and domestic law more coherently.
Both Bills have been drafted by the Ministry of Justice (MoJ) and validated together with inputs from Civil Society Organisations and victim-led organisations and will eventually be tabled at the National Assembly for approval. The half-day engagement was delivered in Wollof and provided an opportunity for victims to better understand the bills before being tabled in Parliament.
Special Accountability Mechanism Bill
The SAM is described as “an act to provide a framework and guiding principles for the establishment of a Special Accountability Mechanism for the investigation, prosecution and trial of cases of serious human rights violations and other international and domestic crimes specified in or related to acts and omissions described in the report of the Truth, Reconciliation, and Reparations Commission (TRRC) that have occurred between July 1994 and January 2017”.
Some of the observations highlighted during the review of the six-page SAM Bill include the periods in which the SAM covers. It was clarified that the period starts from July 1994 to January 2017. This means that victims outside of these periods will not be considered by this Act.
The definition of victim, and vulnerable persons, the establishment and composition of the SAM and the applicability of international and domestic laws were all discussed in detail. The appeal process was also discussed and the fact that alleged perpetrators will be afforded a defence lawyer.
Special Prosecutors Office Bill
The SPO is described as “an act to establish an independent and autonomous Special Prosecutor’s Office as the first part of the Special Accountability Mechanism Framework for the investigation and prosecution of cases of serious human rights violations including crimes under Gambian law and international crimes specified in or related to acts and omissions described in the report of the Truth, Reconciliation, and Reparations Commission (TRRC), occurred between July 1994 and January 2017; to provide for the protection of witnesses, victims and whistleblowers; to promote and foster a national culture of accountability and respect for human rights; and to enforce The Gambia’s obligations under national and international law”.
During the review, victims were allowed to provide comments on the 27-page SPO Bill. Similarly, the periods covered by the SPO Bill are from July 1994 to January 2017. The SPO was explained as a key part of the SAM which will look at human rights violations committed during the periods stipulated above.
When Will the SAM and SPO Get to Parliament?
Last year the Minister of Justice Hon Dawda A Jallow revealed that his Ministry is progressing efforts with Parliament to hold an extraordinary session in January 2024, however, this has not materialised. In addition to this, the agenda of the first ordinary session of the year 2024 which covers from 4th to 22nd March 2024 does not include the SAM and the SPO Bills for tabling in Parliament.
This leaves the question of when the SAM and SPO Bills will be tabled in Parliament because until the Bills are passed by Parliament the President will not be able to appoint a Special Prosecutor to commence prosecution.