In 2016, Yahya Jammeh, the authoritarian leader of the Gambia for 23 years, was ousted. Since then, democratic freedoms and human rights have begun to return. Under newly elected President Adama Barrow, a sense of democracy has returned to the country. However, in 2019, after analyzing election processes, civilian participation in government, governmental functions, and civil liberties in the Gambia, Freedom House labeled the country "Partly Free," a designation that, while certainly better from previous years under former President Jammeh, still leaves room for improvement. The Truth, Reconciliation and Reparations Commission (TRRC) was created in a 2017 Act to “investigate and establish an impartial historical record of the nature, causes and extent of violations and abuses of human rights committed” during former President Jammeh’s time in office. This is an important step in the right direction. However, human rights activists must continue to defend issues now supported by President Barrow and others in the Gambia, such as LGBTQIA issues and women's rights.
The Truth, Reconciliation and Repatriation Commission
The Truth, Reconciliation and Reparations Commission (TRRC) covers the Jammeh era from 1994-2017 and possible human rights abuses that occurred during that time. According to the Commission’s mandate, the Commission aims to “investigate and establish an impartial historical record of human rights violations, but to also consider reparations for the victims of abuses, promote reconciliation and promote non-recurrence.” The Commission is also working to look into the hundreds of millions of dollars of public money that had been embezzled by President Jammeh. According to the Organized Crime and Corruption Reporting Project, over $975 million had been misappropriated from various governmental agencies and state-run entities by President Jammeh, who exerted total control over his government and diverting funds as a retaliatory measure on those who questioned his motivations and actions. Held at the Dunes Resort, the Commission holds public hearings that are broadcast live on state television, radio, and across social media. This, by all means, is by Gambians and for Gambians.
Many of the victims under Jammeh’s administration were extrajudicial killings, with the Junglers as the main paramilitary force behind them. Other victims testified to sexual violence, threats to their livelihoods, unfair imprisonment and other rights abuses. Additionally, a number of people who were involved in killings have willingly testified to the TRRC. After the latest session, 21 of 104 witnesses were perpetrators and included the first confirmed Junglers to testify. The Commission has also pledged to take a victim-centered approach, and this has proven effective as victims, particularly those of sexual abuse by former President Jammeh, have come forward. This empowers not only the victims themselves, but civil society, as it shows that truth-telling is an action clearly rewarded.
As the Commission continues to reach out to the rest of the nation, ensuring all who wish to speak are able to remotely or in-person, this victim-centered approach will continue to be effective as hearings conclude and findings are being finalized. Prosecution of former President Jammeh is still to be determined, but his connection to murders of African migrants, members of the Gambian diaspora, and news media critical of him provide evidence in an ever-growing case against him.
Public opinion presents a clear goal from the people. According to a survey conducted by AfroBarometer on Gambian’s expectations for the TRRC’s results, “the most frequently cited expected results from the TRRC’s work are national peace, reconciliation, forgiveness, and healing (34%); accurate records of human-rights abuses of the past regime (30%); and prosecution and punishment of persons found guilty of crimes against humanity (28%).”
Changes Ahead
While efforts to bring back journalists, freedom of speech and expression, and other rights are being conducted, human rights in the Gambia still has room for progress- and President Barrow knows that. The socioeconomic conditions that led to the voting out of President Jammeh were dire, with youth unemployment rising as economic activity continued to slow and knowledge of Jammeh’s excessive spending began to come to light. State media, the main outlet for information dissemination, was a government mouthpiece. Now, social media is one of the main outlets used to broadcast and report on the TRRC proceedings for Gambians domestically and abroad. The Gambian diaspora was instrumental in efforts to unseat Jammeh well before the 2016 election
The TRRC’s focus on non-recurrence is notable: now that Gambians are able to reflect and see the impact of an authoritarian leader who relied on fear and charisma to get his way, ensuring that the country does not fall back into a similar situation is key. In their 2018 concluding observations, the UNHRC suggested that President Barrow “ensure that the rights enshrined in the Covenant are fully incorporated into the bill of rights of the new Constitution and other relevant domestic legislation and take all measures necessary to ensure that all laws, including customary and sharia laws, are articulated, interpreted and applied in full compliance with the Covenant.” Taking this step would show UN and international observers that the new Gambian government is taking serious steps to institutionalize human rights, and disseminate such practices throughout society using laws and governing documents as the vehicle to do so.
The implications of the new Gambian government’s efforts for reconciliation are already being seen. While much of the international focus has been on the positive aspects of the TRRC and the new government, there continues to be controversy. One notable example of this is the case of “Operation 3 Years Jotna,” a group that was arrested after an anti-government protest calling on President Barrow to step down after his promised three years, and avoid the recurrence of authoritarianism that the TRRC, one of his most important attributes, is promoting. President Barrow is now seeking to fulfill the five-year term stipulated in the Constitution, rather than be the transitory President he first promised to be. The complexities of reforming an entire political and civil society will take many years, but public discourse is beginning to shift out of favor for President Barrow. Protest is continuing to be seen as a threat, rather than a part of democracy and its processes.
As women’s and LGBTQ rights become more prominent in global human rights discourse, the Gambia is beginning to address these as well. The case of Fatou Jallow attracted international media attention. Winner of a state-sponsored beauty pageant, she detailed how she and other women became victims of President Jammeh. Human Rights Watch called the former President a “serial, sophisticated sexual predator.” International outcry has been effective in this case; Ms. Jallow is set to appear before the TRRC, and the government has renewed its commitment to equality between the sexes. In the government’s National Development Plan, “Empowering the Gambian Woman to Reach Her Full Potential” is listed as one of the goals of the plan, laid out for the next three years. Media coverage and actions of individuals, such as petitions, have helped NGOs to better serve Gambian women in the beginnings of the post-Jammeh era. However, LGBT Gambians continue to face threats, a result of cultural norms combined with legal discrimination. Former President Jammeh was vocally homophobic throughout his administration, going so far as to call them “anti-human”. President Barrow has simply stated that it is a “non-issue,” since other issues are more pressing at this time. Ambivalence still equals complicity- the case of Modou, a Gambian refugee who had his ear cut off after coming out as gay to his parents, shows that any progress made legally must also be effective in the conservative Gambian society.
Ensuring Lasting and Effective Action
Changes being made under the Barrow administration, like re-joining the ICC and releasing political prisoners, are indicators that the Gambia can become an exemplary example of a nation that peacefully and effectively transitioned from a dictatorship to a democracy. In bringing awareness to the true extent of injustices committed under President Jammeh, Gambians are increasingly optimistic about justice and a sense of progress. While former President Jammeh is now in exile in Equatorial Guinea, his presence is still felt strongly today.
One area of rights and freedoms where the Gambia can make significant progress is in freedom of the press and expression. Now confirmed through testimonies in the TRRC, journalists were killed for speaking out in opposition against former President Jammeh. As the Gambian journalism industry begins to freely expand once again, and independent media restarts, the transition from self-censorship and fear to more freedoms and expression is an ongoing but incredibly significant process. With laws being revised to promote democratic values, the freedom of the Gambian press is entering a crucial point that can either progress towards democratic ideals or regress into former practices. States and international organizations must work together with the Gambian government and independent news media in the country to help facilitate the training of journalists, and grow the infrastructure for news media outlets and for the public. Improving access to sources such as television, radio, and the internet will allow more Gambians to be aware not only of TRRC proceedings, but also of news across all of the Gambia in a newly free and open media environment.
Additionally, the international community must be aware of the issues around cultural imposition. Regarding LGBT rights, Musu Bakoto Sawo, an anti-FGM activist and member on the TRRC, said in the Mail & Guardian that “For a long time the situation will remain as it is [and] Gambians generally are not going to take LGBT issues easily.” Former President Jammeh framed these issues as ones brought in by the West, and Gambian sentiments around the TRRC reflect a broader desire for self-determination in society; activist Madi Jobarteh said that “Gambians will take offence if foreigners want to promote gay rights in the Gambia.” The international community must ensure that future governmental discourse includes LGBTQ issues as an area for progress. Inclusivity is a focal point of the TRRC and the main reason for its effectiveness. This notion can translate into discussions on the rights of LGBTQ Gambians.
The TRRC is ultimately working towards the broader goal of creating new values in society. After a generation of dictatorship, fear, and atrocities committed in the name of the government, the proceedings are helping create a new sense of peace and empowerment. Victims are continuing to come forward and the Commission will continue to hold hearings until the end of its two-year mandate. However, issues are arising in how the TRRC is helping facilitate broader political reform. Attila Lajos, EU Ambassador to the Gambia, said in a statement to The Guardian that “if the average Gambian doesn’t feel there’s anything better about this change, I think democracy in this country will not really prevail.” The TRRC will not solve all problems, but it is merely one action that has been taken to begin further, lasting societal change.
Framing this as a “national conversation,” the Commission has set up a Never Again campaign to carry out community-level initiatives. International organizations can help support these initiatives, without overstepping or resorting to neo-colonial practices. The effectiveness of the TRRC can continue though these initiatives, shifting societal mindsets to ones that embrace all the freedoms granted under a new democracy. From literacy and awareness campaigns to ones addressing AIDS and mental health for victims under the Jammeh era, there are many ways that reconciliation can occur far beyond the Dunes Resort. According to the government’s National Development Plan, the EU has pledged 11 million euros to youth employment training, addressing issues of massive youth unemployment and a large, growing diaspora.
Only time will tell how the TRRC and related actions have affected Gambian society. Unraveling twenty-two years of dictatorship and the atrocities committed is a complex process that will, even with its initial successes, be flawed. As indicated through surveys and actions both supporting and going against the many new changes being introduced by the TRRC and President Barrow’s government, Gambians expect justice for those involved in human rights abuses, and a clear path for the future. The international community has appropriately taken a step back as Gambians themselves are working to learn the truths of--and beginning to move on from--the Jammeh dictatorship.