Gambia Government to Prosecute Perpetrators

The ECOWAS Court of Justice has adopted an amicable settlement between the Government of The Gambia and eight relatives of the late Mahawa Cham, a former Gambian parliamentarian who disappeared and was killed during the government of former president Yahya Jammeh.

The settlement was adopted as a Consent Judgment in Binta Jarju, Isatou Fatty, Lamin Cham, Bakary Cham, Fatou Cham, Kaddy Cham, Omar Cham and Limam Cham v. The Republic of The Gambia (case number ECW/CCJ/APP/11/24).

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The family was represented by the Institute for Human Rights and Development in Africa (IHRDA), in partnership with the African Network Against Extrajudicial Killings and Enforced Disappearance (ANEKED).

Under the settlement, the Gambian Government has made a number of commitments relating to an investigation into Cham's disappearance and killing, prosecution of those allegedly responsible, compensation for the family and the recovery of his remains. The Government has committed to investigate and prosecute the unlawful disappearance and killing of Mahawa Cham. The process is to be carried out in accordance with The Gambia's obligations under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.

Under the agreement, the Government is expected to complete the investigation and prosecution process within one year of the settlement date. It has also agreed to pay compensation to the plaintiffs, with the amount already agreed by the parties and approved by the ECOWAS Court.

Another key commitment is the exhumation and handover of Cham's remains to his family. The Government has further undertaken to ensure that proceedings against all alleged perpetrators are pursued to their conclusion.

The settlement follows findings by the Truth, Reconciliation and Reparations Commission (TRRC), which in its final report of 25 November 2021 concluded that Mahawa Cham was unlawfully disappeared and killed.

The Commission recommended that those allegedly responsible be prosecuted. The Government subsequently accepted the TRRC's recommendations through its White Paper, setting out its official position on the Commission's findings and recommendations.

The ECOWAS Court settlement now places specific commitments on the Government concerning accountability and reparations for the Cham family.

The agreement also provides for the strengthening of transitional justice mechanisms in The Gambia. These include the Victims Reparations Commission and the National Human Rights Commission. The Government has committed to improving the visibility and accessibility of the two institutions. It has also undertaken to strengthen existing measures and procedures for promoting accountability for human rights violations and crimes committed between July 1994 and January 2017.

For the Cham family, the case has remained closely tied to the loss of a father and the uncertainty surrounding his fate. Lamin Cham, the son of Mahawa Cham, said his father's disappearance had caused significant hardship for the family.

"The absence of our father has brought a lot of difficulties and hardship to our family," he said.

He acknowledged that no compensation could replace a human life, but said reparations could help address some of the difficulties experienced by the family. Cham expressed hope that the settlement would bring closure to his family and encourage other families who are still seeking justice. He also appealed to the Government to take action against those responsible for his father's disappearance and killing.

Awa Gai, a legal representative from IHRDA, said the adoption of the settlement did not mark the end of the case. She said the ECOWAS Court would remain seized of the matter until the Government fully implements the agreement. According to Gai, timely implementation would be important to ensuring that the commitments made in the settlement are carried out.

Sirra Ndow, ANEKED's Gambia Country Director, described the development as significant for the Cham family and other victims and families affected by serious human rights violations. She urged the Government to build on the settlement by accelerating implementation of the TRRC recommendations.

Ndow said justice, reparations, accountability and guarantees against the recurrence of human rights violations should become realities for victims.IHRDA and ANEKED said they would continue to monitor implementation of the Consent Judgment and engage relevant authorities and institutions to support the full and timely implementation of the Government's commitments. The case forms part of wider efforts to address human rights violations committed during the 22-year rule of former President Yahya Jammeh, whose government ended in January 2017.