There was a euphoric atmosphere in The Gambia in the first few months after the exit of Yahya Jammeh, the dictator who had rained terror on the country for 22 years.
The man had presided over human rights violations including extrajudicial killings, enforced disappearances, torture, and unlawful detentions since he and his comrades staged a military coup on July 22, 1994 and snatched power from Dawda Jawara, who had led the country – first as prime minister, then president – for more than 30 years.
Jammeh was, surprisingly, unseated by Adama Barrow in elections in 2016. He flew into exile in Equitorial Guinea in January 2017, when his attempts to illegally hold on to power failed.
And so started the transitional justice process, which was meant to ease the country from its history of dictatorship into democracy. Several mechanisms were initiated to foster the transition, key among them the Truth Reconciliation and Reparations Commission (TRRC), the Constitutional Review Commission, The Janneh Commission, security sector reform, and the Human Rights Commission. Each initiative had a specific role to play.
In those first months, creating a reliable truth-seeking and accountability process was a priority, and appeared to be at the top of the new administration’s list. However, a lot has transpired during the past few years, and a keen observer cannot help but notice that priorities seem to have shifted and the political climate has changed as the elections, scheduled for December 2021, approach. Proponents of post-Jammeh justice are, understandably, concerned that the new political landscape is driving attention away from the transitional justice process.
According to Sheriff Kijera, the chairman of The Gambia Centre for Victims of Human Rights Violations, the establishment of a credible truth-seeking process was a major expectation that has been met with the setting up of the Truth, Reconciliation and Reparations Commission.
The Constitutional Review Commission (CRC) was established by the CRC Act of 2017. The commission aimed to come up with a constitution that represents the views and aspirations of all Gambians. After a two-year consultative process, the CRC produced drafts, received comments, and subsequently produced a final draft that was praised as a progressive constitution. However, to the disappointment of many stakeholders, especially the victims of Jammeh, the Constitution Promulgation Bill 2020, which would have enabled the Draft Constitution to go to the Third Reading and subsequently a referendum, failed to meet the two-thirds parliamentary majority requirement. Many have speculated that the rejection of the Bill was as a result of the politics surrounding the presidential term limits included in the Draft Constitution.
“The Draft Constitution is the bedrock of the entire transitional justice process; all the other mechanisms are hinged on the success of a new constitution,” Kijera, who attributed the rejection of the Draft Constitution to lack of political will, said. He noted that the 1997 Constitution might pose a potential challenge to the TRRC’s recommendations against Jammeh, especially regarding prosecutions
He admitted that politics has positively impacted the transitional justice process and some of the initiatives will form part of the legacy of the Barrow regime. However, he acknowledged that as the elections approach, politicians are trying to employ any methods they can to win votes, including placating some Jammeh sympathisers.
“It’s going to take away a lot of attention as far as the transitional justice process is concerned. Politicians are going to be very much preoccupied, canvassing for votes as they strive to be re-elected.”
