Transitional justice in The Gambia : enabling popular participation

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.