DOCUMENTING DICTATORSHIP: Truth, Reconciliation and Reparations in The Gambia J u n e , 2 0 2 0 Centre for Democracy & Development Centre pour la Democratie/ et le Developpement/ Contents Executive Summary 2 Towards a 'new Gambia' 6 Creating the commission 10 Approach 12 KEY FINDINGS: Matching expectations? 13 Uncovering the truth 13 Perpetrators on trial 18 Compensation concerns 22 (Re)Building The Gambia 25 The political backdrop 27 Towards a conclusion 27 Recommendations 29 References 31 Boxes: Box 1 – Gambia's complicated political overhaul 08 Box 2 - What is transitional justice? 10 Box 3 - Essa Faal: Interrogating the truth 15 Box 4- Giving voice to women 20 03 Acknowledgements The report was authored by Idayat Hassan and Jamie Hitchen. Alhassan Ibrahim, researcher at the Centre for Democracy and Development, offered invaluable assistance during interviews in The Gambia in February 2020. Our profound thanks to Sait Matty Jaw for all his support in arranging interviews and focus group discussions in Banjul in February 2020 and for his invaluable insights and editorial support in the development of the report. To Robina Namusisi for her support in helping us with logistical arrangements in The Gambia. And to Mohamed Suma at the International Centre for Transitional Justice for his feedback on the draft. Most importantly our thanks are due to the interview and focus group respondents who took time to share their thoughts and insights about the work of the TRRC with us. The report was funded by the Mac Arthur Foundation. Front cover photo credit: © Jason Florio Executive Summary The Gambia's Truth, Reconciliation and contested presidential polls in late 2021, the Reparations Commission (TRRC) has heard TRRC is just one part of a complicated public testimony from over 200 individuals transitional justice process. since January 2019 as it seeks to uncover the truth about human rights abuses that took Truth-telling is a major component of the place during Yahya Jammeh's 22-year rule. As TRRC's work. Thousands of Gambians follow the Commission moves towards issuing its final the public hearings as they happen on report and accompanying recommendations - television, radio and social media and the expected in the first half of 2021 - this study discussions of what they hear span online and offers some reflections on the work done so far offline networks. Undoubtedly the TRRC has in tackling issues of truth, justice, reparations provided a platform through which people can and reconciliation. tell their stories and be validated for the abuses they or their family suffered under Jammeh. But To do so it draws on the views of almost 20 narratives have also been interpreted through Gambian experts, focus group discussions held political lenses and given the length of period with market traders, students and civil society under review, the issue of perpetrators turned activists and relevant secondary literature. It victims has further complicated the quest for a aims to situate the activities of the Commission definitive truth. in the wider political context of The Gambia as it transitions back from dictatorship to The TRRC does not have a mandate to instigate democracy. With ongoing security sector a judicial process against any perpetrator who reform, a constitutional review process nearing te st i fi e s b e fo re i t . I t c a n o n l y m a ke its conclusion and what are set to be highly recommendations with regards to punitive 05 measures in its final report. But that has not issues that are often more manageable. To that stopped the issue of justice being a major end it can play a fundamental role in helping expectation of the TRRC for many Gambians. mend issues at the local level, with hope that This confusion, and frustration, has been such processes can have national impacts over revealed during the testimony of high-profile time. perpetrators, who have not yet faced consequences for their admissions of guilt. As the Commission begins to work towards a conclusion, and the recommendations of its Reparations for victims have yet to move final report, this study encourages that it beyond ad-hoc measures. Formal regulations focuses on building transparency and are set to be announced in the coming months accountability in the issuance of reparations; and communicating those widely will be key, that community reconciliation efforts remain to given that reparations were a key part of the the fore; and that regular engagement with process for many victims. The Victims Support citizens, media and civil society about its Fund has been created, and an initial sum mandate, in local languages across print and deposited by the government, but greater social media, is sustained so that Gambians take resources are needed to ensure that on the mantle of ensuring its recommendations compensation is commensurate with victims' are adopted by government. experiences. How the fund will be managed when the TRRC's mandate expires remains a But before it can reach any conclusions the critical, yet unanswered, question. Commission must remain focused on the important work it has been doing, listening to, National efforts to foster reconciliation are and documenting, the experience of Gambians. complicated by strong ethnic and political This will ensure that it is able to make allegiances. But at the local level, the TRRC's recommendations that best reflect those reconciliation efforts are making progress in experiences, which most Gambians support facilitating dialogue. Community reconciliation and that can be used to help push their country is not only less politicised it also deals with in a new direction. 06 Towards a New Gambia ahya Jammeh, aged just 29, took control persecution of real or perceived political of The Gambia in a military coup in July opponents, characterised The Gambia. A 2015 Y1994. He sought popular validation for Human Rights Watch investigative report his rule by holding, and winning, elections in detailed how security services and guerrilla 1996, 2001, 2006, and 2011. Each time securing groups routinely used intimidation, violence, more than 50% of the vote in polls that were arson, and forced disappearances against d e s c r i b e d a s " t a i n te d " 1 a n d " l a c k i n g people who spoke out against those in power.3 legitimacy"2 by election observers. But in For journalist Mustapha Darboe, "Jammeh was December 2016, seeking a fifth popular the Gambia, and the Gambia was Jammeh: facts mandate, Jammeh could only muster 39.6% of were what he said"4. 28% of Gambians reported the vote and was defeated by the candidate of a that they or a member of their family had coalition of opposition parties, Adama Barrow. suffered one form of human rights violations in the period of Jammeh's rule, when surveyed by Having initially appeared to be willing to accept Afrobarometer in 20185. These violations, as the results, Jammeh then changed his mind well as the regular dismissal of senior citing 'abnormalities' and called for the results government officials, had a direct effect on to be cancelled and fresh elections held. But state effectiveness; eroding the capacity of the after over a month of protracted negotiations government to deliver basic services. with leaders from the Economic Community of West African States, and with the threat of But the 'new Gambia' promised by President regional military action looming, Jammeh left Barrow and his allies - who were unable to The Gambia for exile in Equatorial Guinea on 21 maintain the coalition's unity once in office - has January 2017. found it difficult to fully throw off the trappings of the old. That is not to say that The Gambia During Jammeh's 22-year rule, human rights has not changed significantly. The ability to v i o l a t i o n s r a n g i n g f r o m e n f o r c e d convene and speak freely - an unimaginable disappearances, unlawful arrests and killings, reality under Jammeh - is now a feature of daily torture, sexual and gender-based violence, and life Gambians can enjoy, but reforms to the 1 French. H. 1996. "Military Ruler in Gambia Defeats Rivals in Election". New York Times. 28 September. 2 BBC News. 2011. "Gambian polls close in election denounced by Ecowas". 24 November 3 Human Rights Watch. 2015. "State of Fear: Arbitrary Arrests, Torture and Killings", 16 September 4 Darboe, M. 2020. Key Informant Interview. Journalist, JusticeInfo.Net. 24 February 5 Matty Jaw, S. 2018. "Gambians expect Truth, Reconciliation and Reparations Commission to heal the nation but want human-rights violators prosecuted", Afrobarometer Dispatch No. 249, 31 October. 137 07 PROTESTORS WERE ARRESTED 2 RADIO STATIONS were also temporarily shutdown Home Digital FM and King FM system of how things work have proved more Home Digital FM and King FM - were also difficult. Barrow's government has struggled to temporarily shutdown, accused of "allowing disentangle the state from its authoritarian their media to be used as platforms for inciting p a s t . E c o n o m i c c h a l l e n g e s , s u c h a s violence"6. All the protestors were eventually unemployment, remain acute. released, and the radio licenses restored, but the government took the opportunity to ban A protest in January 2020 against Barrow for the 'Three Years Jotna'7 movement, calling it not adhering to his coalition promise to serve "subversive, violent and illegal"8. The response just three years of his constitutionally of the state to this and other recent protests has mandated five-year term turned violent.