By: Sandally Sawo
The Gambia-ECOWAS Joint Technical Committee held its inaugural meeting on the establishment of an internationalized court for the prosecution of perpetrators of gross human rights violations in The Gambia between July 1994 and January 2017.
According to the Gambia’s Justice Minister Dawda Jallow, the partnership between the Government of The Gambia and ECOWAS underlines the Gambia’s “unwavering resolve to confront the dark chapters of our past and forge a path towards reconciliation”.
“The establishment of a Hybrid Court to confront the most serious crimes committed over 22 years, between July 1994 and January 2017, signifies a pivotal moment in our quest for justice. This moment demands our collective dedication and resolve,” said the justice minister at the inaugural meeting.
“The Truth, Reconciliation and Reparations Commission Act, enacted under the leadership of His Excellency President Adama Barrow, laid the groundwork for our transitional justice program,” he noted.
“From the inception of the TRRC to the submission of its final report, we bore witness to the courage and resilience of hundreds of individuals who bravely shared their stories of pain and suffering, but also, and perhaps more importantly, hope,” stated minister Jallow.
“In the words of Bryan Stevenson: “the only way to deal with the pain of injustice, is to bring it into the light.” Therefore, the recommendations put forth by the TRRC serve as a guiding light to the Government of The Gambia, illuminating the path towards accountability and reconciliation,” he added.
“By accepting these recommendations, the Government of The Gambia reaffirms its commitment to upholding the rule of law and ensuring that those responsible for human rights violations are held accountable for their actions.
“However, we recognize that our domestic legal framework may not be sufficient to address crimes of such magnitude. The establishment of a Hybrid Court represents a bold step forward in our pursuit of justice. This is also a testament to our determination to transcend borders and uphold the universal principles of human rights, whilst significantly contributing to upholding international norms and law.”
The Justice Minister said the Government of The Gambia extended a hand of solidarity and collaboration with ECOWAS because “this collaboration is not just about pooling resources; but it is also about sharing knowledge, expertise, and best practices to achieve common goals, including justice and dignity for our peoples, and regional security and stability”.
“It is known that our region is currently facing economic and political storms of uncertainty and strife, yet here in The Gambia, we remain firm in our belief that together, we can, and shall overcome the challenges that lie ahead,” he stated. He continued: “ECOWAS has been a steadfast ally in our transitional justice journey, offering support, guidance, and solidarity when it was needed most and continues to do so up to today. Beyond ECOWAS, many other bilateral and multinational partnerships have also supported our transitional justice programme. Yet here we stand today, calling on all in this room and beyond, to continue supporting us in this complex pursuit of justice, accountability and healing. Yourtechnical, financial and advisory support will be essential in ensuring our collective success.”
He stated that the establishment of the Hybrid Court is not merely a legal endeavour.
“It is a moral imperative. It is a beacon of hope for those who have suffered in silence and a symbol of our collective commitment to building a society founded on the principles of accountability and respect for human dignity. We recognize that in the pursuit of justice, we must listen to the voices of survivors and centre their experiences in our endeavour,” Minister Jallow stressed.
He went on to say: “It is my aspiration as Minister of Justice of The Gambia, that we never forget the conditions that led this great nation to this moment in our history, or the sacrifices of those who made this moment possible. Let us seize this moment as an opportunity to bridge divides and build a future that is worthy of the words of our anthem “let justice guide our actions, towards the common good”. The Government of The Gambia, through this process pledges its firm allegiance to stay forever true to the aspirations of our people.”
“I would like to conclude these remarks by drawing inspiration from the words of Nelson Mandela, who once said, “The true test of our devotion to justice is not whether we are willing to condemn our enemies, but whether we are willing to condemn our friends.” Let us rise to the challenge before us with courage, determination, and an unwavering commitment to the cause of justice.”
He wished the best of luck to the members of the joint Gambia – ECOWAS Technical Committee, reiterating the full support of his Ministry, the Government and the people of The Gambia.
Earlier in his inaugural speech, minister Jallow said: “This momentous occasion would not have been possible without the unwavering will of his Excellency, the President of the Republic of The Gambia, Mr- Adama Barrow, nor would it have been possible without the support of Gambians, especially the victim community, and our partners all of whom I would like to acknowledge and extend my deepest gratitude to.
“Please allow me to express my heartfelt appreciation to His Excellency, the President of the ECOWAS Commission, Dr. Omar Touray, for his steadfast commitment to the cause of justice and his invaluable support in our efforts to establish a Hybrid Court to ensure the prosecution of serious crimes as recommended by the TRRC.
“I would equally like to extend my sincere thanks to the President of the ECOWAS Court of Justice, who has equally supported this collaborative partnership between The Gambia and ECOWAS.
“I would be remiss if I do not express myheartfelt thanks to Ambassador Van Schaackfor her tireless dedication to our transitional justice process and her friendship towards The Gambia. The financial and technical support being provided by the Office of Global Criminal Justice to the Government of The Gambia and the Gambia Bar Association through Democracy International and soon, the ICTJ, has been instrumental in getting us to where we are today. Thank you for your guidance, and your commitment to the promotion of democracy, human rights, and the rule of law in The Gambia.”
The justice minister admitted that he was filled with a profound sense of gratitude and admiration for the remarkable journey Gambians have embarked upon together, describing it as a journey towards justice, accountability, and healing.
“I stand before you with a sense of profound purpose to a cause that transcends borders and echoes the aspirations of all people, all over the world. Today, we take important steps in our collective journey towards justice, accountability, and healing—a journey that holds the promise of a brighter future for The Gambia and its citizens, and indeed, the entire Community,” he added