FactSheet: Only 16 Out of 262 TRRC Recommendations Implemented

Minister of Justice Hon Dawda Jallow © Askanwi

By Harry Faye

The Gambia’s National Human Rights Commission’s (NHRC) latest progress report highlights that only 16 recommendations issued by the Truth, Reconciliation, and Reparations Commission (TRRC) have been implemented by the Gambia Government over a two-year period (2021 to 2023).

This translates to only 6% of the 262 recommendations accepted by The Gambia Government’s White Paper on the TRRC in varying degrees. At this rate, the government will take over 30 years to complete the implementation of the TRRC’s recommendations.

Presentation on Government’s implementation of TRRC Recommendations from 2022 to 2023 © NHRC

The TRRC submitted a total of 265 recommendations to the government in November 2021, who in turn published a White Paper highlighting which recommendations it agreed to implement in the country’s quest to address gross human rights violations, which took place from 1994 to 2017.

In its White Paper issued in May 2022, the government claimed to have accepted 263 of these recommendations, rejecting two outright and ruling out another recommendation to ban the Director of the previously named National Intelligence Agency, Ousman Sowe, for 10 years after he concealed evidence at the NIA.

The other two recommendations, which were rejected outright, are the TRRC’s recommendation to grant former Junta Leader Sanna Sabally’s amnesty and the banning of Mercenary Judges for 10 years.

One of the recommendations accepted by the government is for the NHRC to monitor the government’s implementation of the TRRC’s recommendations. To date, the TRRC has published two yearly reports on the government’s implementation of the TRRC’s Recommendations.

In the first year covering 2021 to 2022, the NHRC revealed that only six recommendations were completed, and in their latest report, covering 2022 to 2023, the NHRC revealed that a total of 16 recommendations have been completed, with 192 recommendations ongoing implementation and 55 not implemented at all. This highlights a significant gap between commitment and delivery.

Below is a summary of the status of implementation of the TRRC’s recommendations:

The TRRC recommendations span 22 thematic areas, including justice and accountability, reparations, institutional reforms, and memorialization, to name a few. Justice and accountability have seen some progress with the enactment of the Special Accountability Mechanism Act and the Special Prosecutor’s Office Act in 2024. Yet, many mechanisms remain non-operational, leaving victims and stakeholders frustrated. Reparations have also been slow, with the Victims Reparations Commission set to be established towards the end of the year, and this is expected to fast-track the payment of reparations to victims.

Institutional reforms, while initiated, are progressing at a slow pace. For instance, the Ban from Public Office Act was enacted in 2023, which was expected to ban individuals implicated in gross human rights abuses from holding public office. However, the names of the persons who are to be banned by the Act have still not been Gazetted by the government to effect their ban.

Other reforms, such as revising the Prisons Act and repealing the National Intelligence Agency Act, have stalled. Efforts to memorialize victims, including renaming Arch 22 to the ‘Never Again Memorial,’ also remain pending.

Despite these challenges, there have been notable successes. Convictions of individuals such as former Junta Leader Yankuba Touray for the murder of former Finance Minister Koro Ceesay showcase that justice is possible. Although his prosecution took place before the TRRC concluded it’s recommendation. Another prosecution that took place after the TRRC’s recommendation was issued is that of former NIA Director Yankuba Badjie, who was found guilty for the murder of former UDP Electoral Reform Protestor Solo Sandeng. Also part of the same NIA Nine case, another six other people were prosecuted sometime in 2022 for inflicting bodily harm on Nogoi Njie, who is now deceased, Fatoumatta Jawara, and others.

One aspect that has made progress is the training of security forces on human rights and crowd control in an attempt to enhance citizens rights to protest in a safe environment. However, to date, the laws restricting freedom of assembly in the Public Order Act remain in place despite efforts from one Hon. Sulayman Saho of Central Baddibu to repeal this law from the Public Order Act. Still, these achievements fall short of addressing the broader mandate of the TRRC.

In its report, the NHRC “urges the National Assembly to call on the government to accelerate the implementation of the White Paper to illustrate its commitment to the transitional process and to commit the necessary budgetary support to the process.

Below are some of the challenges and recommendations identified by the NHRC for the implementation of the TRRC’s recommendations.

This FactSheet was first published by FactCheckGambia.org in the link. https://factcheckgambia.org/factsheet-only-16-out-of-262-trrc-recommendations-implemented/

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