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1. The Gambian Government and Political Participation in Post-TRRC Transitional Justice

Author:
Jasmina Brankovic, Simon Robins, Fatou Baldeh, and Lena Houma
Publication Date:
02-2025
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
The government of Gambia has committed to implementing the recommendations of the Truth, Reconciliation, and Reparations Commission (TRRC) through further transitional justice measures. Three decades of experience in Africa show that a transitional justice process as a whole is more likely to be effective if it is rooted in popular participation, particularly of victims/survivors and communities affected by violence. This policy brief is written for the Steering Committee leading the implementation process and for the Ministry of Justice and other government ministries and agencies supporting implementation efforts. The brief provides actionable guidance on how to ensure post-TRRC transitional justice measures – including reparations, justice and accountability, and institutional reforms – are inclusive and participatory. In line with the African Union Transitional Justice Policy, the brief emphasizes the value of both formal, state-run measures and non-formal, civil society-led measures, especially in combination. It is based on lessons from the TRRC's efforts to promote participation, as well as those of non-formal measures like the Listening Circles created by Women in Liberation and Leadership.
Topic:
Transitional Justice, Reconciliation, and Participation
Political Geography:
Africa and Gambia

2. Transitional Justice in the Gambia: Enabling Popular Participation

Author:
Fatou Baldeh and Lena Houma
Publication Date:
02-2025
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This research report examines the level of popular participation in The Gambia's transitional justice process to date and provides recommendations for ensuring more meaningful participation going forward. It begins with an overview of both formal and non-formal measures in The Gambia, before analyzing in detail the dynamics of participation in the formal measure of the Truth, Reconciliation, and Reparations Commission (TRRC) and in non-formal measures, particularly Listening Circles established by Women in Liberation and Leadership. The study finds that while the TRRC sought to ensure broad-based participation and to gather evidence from a range of victims/survivors and perpetrators, it fell short in areas like sexual and gender-based violence. The sensitive nature of such crimes in the context of existing socio-cultural norms and practices hindered victims/survivors from approaching the commission. Additionally, the TRRC struggled to reach communities where Jammeh has strong support, with the commission being construed as part of a political agenda. Non-formal measures, run by civil society, filled some of the TRRC's gaps and contributed to wider participation of citizens in the process. To promote more meaningful participation in and across both formal and non-formal measures, we provide actionable recommendations for state actors, particularly state representatives on the Steering Committee leading the TRRC recommendations implementation process and the Ministry of Justice and other government ministries and agencies supporting implementation efforts. We also provide recommendations for multilateral actors supporting transitional justice in The Gambia, including international and regional organizations such as the African Union and the United Nations, state donor bodies, private foundations, and international nongovernmental organizations.
Topic:
Civil Society, Transitional Justice, Reconciliation, and Participation
Political Geography:
Africa and Gambia

3. Mainstreaming Popular Participation in Transitional Justice: Lessons from Multilateral, State and Civil Society Actors in the Gambia and Somalia

Author:
Jasmina Brankovic and Simon Robins
Publication Date:
02-2025
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Statements on the need for popular participation are increasingly common in international and national transitional justice policy and literature, yet little guidance is available on how to put participation into practice. Based on empirical research in The Gambia and Somalia and with multilateral actors supporting transitional justice in Africa, this research report examines what participation looks like and provides actionable recommendations for enabling participation in a more meaningful way. The findings are relevant for transitional justice policy makers, practitioners and scholars on the continent and beyond. The study builds on the African Union Transitional Justice Policy's provisions for community participation and acknowledgement of both formal, state-run measures and non-formal, civil society-led measures as transitional justice. The findings show that meaningful participation requires four main commitments on the part of multilateral, state and civil society actors: 1) mainstreaming, 2) localisation, 3) decentralisation, and 4) recognition of non-formal measures. Participatory transitional justice results in more inclusive, contextualised and effective processes, with broad-based buy-in for sustainable outcomes.
Topic:
Civil Society, Transitional Justice, Multilateralism, and Participation
Political Geography:
Africa, Somalia, and Gambia

4. Statelessness Before the ICJ: The Gambia v Myanmar

Author:
Jade Roberts
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The ongoing proceedings in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v Myanmar)1have been recognised as significant for a number of reasons.2First, the proceedings concern genocide, which isregarded as the most heinous of crimes,3and due to issues of jurisdictional limitations in parallel proceedings in the International Criminal Court (‘ICC’),4theInternational Court of Justice (‘ICJ’ or ‘the Court’) may be the only international court capable of determining whether genocide has occurred.
Topic:
Genocide, International Court of Justice (ICJ), Rohingya, and Statelessness
Political Geography:
Southeast Asia, Myanmar, and Gambia

5. Advancing Victims’ Rights and Rebuilding Just Communities: Local Strategies for Achieving Reparation as a Part of Sustainable Development

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
11-2023
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This comparative study examines strategies used by local actors to facilitate the operationalization of reparations for victims of widespread human rights violations, while highlighting the synergies between these efforts and sustainable development. The study is based on the fieldwork of ICTJ and its partners in four contexts—Colombia, The Gambia, Tunisia, and Uganda. These countries represent a range of different situations, where the progress made, challenges faced, and overall political and institutional contexts vary significantly. Nonetheless, comparison of the approaches used across the cases offers valuable insights for those working in these and other contexts. In The Gambia, the truth commission and legislation for reparations have created expectations among victims, but a program has yet to be implemented. In Uganda, the legal and policy framework for reparations exists, but there is no enabling legislation or mechanism to provide them as a result of stalled political will. In Tunisia, the truth commission recommended reparations, but the political and economic situation make operationalization unlikely. In Colombia, challenges faced by reparations have informed the design of restorative sanctions that include reparative projects but are yet to be implemented. The major insights gained from this comparative study relate to the specific ways in which reparations can contribute to individual and community well-being and development; innovative and effective approaches to ensuring victims and communities receive reparations and support, including through collective action, engagement with government, and grassroots initiatives; the integration of victims’ needs and priorities into development policies and models; and the reparative elements of complementary accountability and reform measures that are participatory, address corruption and marginalization, and contribute to gender justice and equality. The report offers practical guidance and policy recommendations for advancing reparations as an integral element of broader societal efforts to facilitate inclusion, justice, peace, and development.
Topic:
Human Rights, Sustainable Development Goals, Accountability, Reparations, and Truth and Reconciliation
Political Geography:
Uganda, Africa, Colombia, South America, Tunisia, and Gambia

6. Integrating Mental Health and Psychosocial Support into Transitional Justice in The Gambia: Practitioner Perspectives

Author:
Jasmina Brankovic
Publication Date:
06-2021
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Following the African model of transitional justice presented in the African Union Transitional Justice Policy, this report identifies ways to conceptualise and integrate healing, particularly from psychological wounds, into holistic and contextualised transitional justice practice on the continent. The report draws on reflections from African practitioners engaging with transitional justice issues in The Gambia to share lessons learnt with civil society and other actors seeking to do similar work in the region and beyond. It presents ideas for designing and implementing locally guided, tailored and sustainable mental health and psychosocial support interventions that amplify local knowledge and practices, rather than dampening them with external expertise.
Topic:
Health, Transitional Justice, Psychology, and Mental Health
Political Geography:
Africa and Gambia

7. UN Human Rights Council Elections for 2022-2024 and the Responsibility to Protect

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2021
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Today, 14 October, the UN General Assembly elected Argentina, Benin, Cameroon, Eritrea, Finland, The Gambia, Honduras, India, Kazakhstan, Lithuania, Luxembourg, Malaysia, Montenegro, Paraguay, Qatar, Somalia, United Arab Emirates and the United States of America to the Human Rights Council (HRC) for the 2022-2024 term. With the elections of Argentina, Finland, Lithuania, Luxembourg, Montenegro, Paraguay, Qatar and the United States of America, 19 of the 47 Council members in 2022 will be “Friends of the Responsibility to Protect” – having appointed an R2P Focal Point and/or joined the Group of Friends of R2P in New York and Geneva. The Human Rights Council and its mechanisms and procedures – including the Universal Periodic Review (UPR), investigative mechanisms, special procedures and treaty bodies, as well as the technical assistance provided by the Office of the High Commissioner for Human Rights (OHCHR) – all play an essential role in providing early warning of the risk factors that can lead to crimes against humanity, ethnic cleansing, war crimes and genocide, and provide recommendations to prevent their recurrence. The election of Cameroon, Eritrea and the United Arab Emirates – states that have a history of violating human rights and perpetrating atrocities at home or abroad – undermines the credibility of the HRC. States elected to the HRC are supposed to demonstrate their commitment to the highest standards of human rights, including their full cooperation with all UN mechanisms. These are conditions set forth in UN General Assembly Resolution 60/251. The fact that potential mass atrocity crimes are being perpetrated by a number of HRC member states is deeply disturbing. The Global Centre has compiled profiles on each of the newly elected Human Rights Council members. These provide a basic overview of their commitment to prevent mass atrocities by protecting and promoting human rights.
Topic:
Human Rights, United Nations, Elections, and Responsibility to Protect (R2P)
Political Geography:
Malaysia, India, Finland, Kazakhstan, Lithuania, Argentina, Qatar, Somalia, Honduras, Montenegro, Paraguay, Eritrea, United Arab Emirates, Luxembourg, Cameroon, United States of America, Benin, and Gambia

8. The Complementarity of Transitional Justice & SSR in Addressing and Preventing Human Rights Violations: Focus on The Gambia

Author:
Alex Frediani
Publication Date:
09-2021
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This paper examines the interlinkage between SSR and transitional justice as complementary tools to provide a platform for reconciliation, reforming abusive institutions and ensuring oversight and accountability of the justice and security sector. Looking at the case of The Gambia, the paper argues that SSR should be considered as an integral component to transitional justice, under the pillar of the guarantee of non-recurrence, which require states to take all necessary measures to prevent recurrence of violations, including the necessary reforms to shape its security sector in such a way that fully enshrines respect for human rights. An integrated approach to SSR and transitional justice implies the need to “deal with the past” as a core objective of the SSR agenda while ensuring an effective coordination and communication between the two processes so that SSR is continuously fed by and mindful of the proceedings of the Truth, Reconciliation and Reparations Commission (TRRC). Furthermore, “dealing with the past” in the framework of SSR implies addressing the issue of potential vetting of security personnel allegedly involved in past abuses. In parallel, the transitional justice process constitutes an opportunity for the Government to initiate legal and judicial reforms required for effective prosecution of those allegedly responsible for serious violations of human rights committed during the past regime. While the paper argues that more could have been done to link SSR and transitional justice in The Gambia, the release of the TRRC report in the coming weeks will constitute a unique opportunity to effectively integrate transitional justice into the SSR agenda. The adoption of proper mechanism and strategies will be critical to ensure transparent and inclusive review of and dialogue around the recommendations of the TRRC as they pertain to the security sector to ensure that these recommendations are a matter of public interest and that they duly (re)shape the SSR agenda.
Topic:
Security, Human Rights, Transitional Justice, Justice, and Human Rights Violations
Political Geography:
Africa and Gambia

9. Q&A: The Gambia v. Myanmar, Rohingya Genocide at The International Court of Justice, May 2020 Factsheet

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evoke specific obligations and responsibility under international law. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya, emphasizing the need for accountability. This fact sheet answers fundamental questions about the ongoing ICJ case, Myanmar’s responsibility for genocide and its impact on the Rohingya population. (Answers to questions about the early stages of the lawsuit are here.)
Topic:
Security, Responsibility to Protect (R2P), International Court of Justice (ICJ), and Rohingya
Political Geography:
Myanmar, Global Focus, and Gambia

10. Why Do People Migrate Irregularly? Evidence From a Lab-in-the-Field Experiment in West Africa

Author:
Tijan L. Bah and Catia Batista
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Irregular migration to Europe by sea, though risky, remains one of the most popular migration options for many sub-Saharan Africans. This study examines the determinants of irregular migration from West Africa to Europe. We implemented an incentivized lab-in-thefield experiment in rural Gambia, the country with the region’s highest rate of irregular migration to Europe. Male youths aged 15 to 25 were given hypothetical scenarios regarding the probability of dying en route to Europe and of gaining legal residence status after successful arrival. According to the data we collected, potential migrants overestimate both the risk of dying en route to Europe and the probability of obtaining legal residency status. In this context, our experimental results show that providing potential migrants with official numbers on the probability of getting a legal residence permit decreases their likelihood of migration by 2.88 percentage points (pp), while information on the death risk of migrating increases their likelihood of migration by 2.29 pp—although the official numbers should be regarded as a lower bound to actual mortality. Follow-up data collected one year after the experiment show that the migration decisions reported in the lab experiment correlate well with actual migration decisions and intentions. Overall, our study indicates that the migration decisions of potential migrants are likely to respond to relevant information.
Topic:
Development, Globalization, Migration, Internet, Economic Growth, Borders, and Violence
Political Geography:
Africa and Gambia