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Victims, CSOs and citizens of the world have signed a petitionto the ECOWAS Heads of States ahead of the regional Heads of Sates Conference on 15th December 2024. The petition asked for an establishment of a “Special Tribunal to Promote Accountability and Justice in the Gambia.
“Ahead of the meeting of ECOWAS Heads of States expected to take place on the 15th of December 2024 the Alliance of Victim-Led Organisations in the Gambia, (AVLO), supported by victims, local and international CSOs, and concerned citizens of the world, has written a letter to the Authorities of Heads of States to urge them to approve and actively support the establishment of the Special Tribunal for The Gambia. As individuals are unable to speak directly during these statutory meetings, the final letter (attached), received over 300 signatories from 22 countries and has been entrusted to The Gambia’s Ministers of Foreign and Defense, Honorable Tangara and Njie respectively on Wednesday, 4th December 2024, to carry it forward to their counterparts and, ultimately, to the ECOWAS Authorities of Heads of State for their consideration.
ECOWAS has a legal and moral obligation to assist Member States in ensuring justice for gross human rights violations committed against ECOWAS nationals and history has shown that there cannot be peace without justice. This is therefore an opportunity for the Community to take a strong stance against impunity, promote human rights and the rule of law, and strengthen regional security”.
December 4th, 2024 SUBJECT: SUPPORT FOR THE ESTABLISHMENT OF A SPECIAL TRIBUNAL TO PROMOTE ACCOUNTABILITY AND JUSTICE IN THE GAMBIA
The letter dated 4th December 2024 reads:
Your Excellences,
“We, the undersigned victims, victim associations, civil society organisations in the ECOWAS block, local, and international partners, and concerned citizens of the world write to respectfully urge you to endorse and actively support the establishment of the Special Tribunal for The Gambia, as proposed by the Government of The Gambia and recently deferred by the ECOWAS Mediation and Security Council. This Tribunal is critical to ensuring justice and accountability for the serious human rights violations and crimes that occurred in The Gambia between July 1994 and January 2017. As revealed by the Gambia’s Truth, Reconciliation, and Reparations Commission, (TRRC), Gambian and Community citizens endured widespread human rights violations between July 1994 and January 2017, from extrajudicial killings, enforced disappearances, torture, and other forms of crimes against humanity. Many victims have died since then while those remaining continue to suffer from the physical, psychological, and socioeconomic impacts of these crimes.
Following the recommendations of the TRRC, the country has demonstrated commendable commitment on its own with the establishment of two institutions to complement the work of the Special Tribunal, namely, the Special Prosecutor’s Office and the Special Criminal Division of the High Court, which is responsible to hear domestic cases. Conversely, with support from ECOWAS, once established, the Special Tribunal shall have the mandate to use international law, to facilitate the investigation and prosecution of individuals responsible for international crimes while ensuring due process and fair trial rights. For thousands of victims and survivors in The Gambia, the truth and reconciliation efforts alone have not been sufficient to address the depth of trauma and loss endured. Similarly, about 70 ECOWAS nationals, including Ghanaians, Nigerians, Senegalese, Liberians, Ivorians, and Togolese, were killed and some disappeared in The Gambia between July 1994 – January 2017, and the families of these victims continue to seek justice for their loved ones. The Gambian population has high expectations that the prosecution of serious international crimes would take place after the conclusion of TRRC hearings. A Special Tribunal will allow these victims to see perpetrators brought to justice and to obtain a sense of closure.
ECOWAS’s support for The Gambia’s Special Tribunal, which would be a fully independent judicial body once established, would also send a powerful message across our region that West African nations are united in the pursuit of justice protecting fundamental human rights. The Tribunal’s establishment would not only serve justice in The Gambia but also demonstrate to other West African leaders and the international community that ECOWAS stands firmly against impunity and for the principles enshrined in its founding charter.
Your Excellency, an endorsement of this Tribunal by ECOWAS Heads of State will be an affirmation of ECOWAS’s commitment to justice and accountability for all people in West Africa. This Tribunal has the potential to enhance peace and stability in our region by demonstrating that crimes against humanity and human rights abuses will not go unpunished. Supporting The Gambia in this endeavor will reinforce the values that bind us as a community and provide closure to the victims and families who suffered under the previous regime.
We respectfully ask that you endorse and advocate for this Tribunal’s establishment at the next ECOWAS session in December 2024”.