A/HRC/45/45/Add.3
III. Transitional justice initiatives
A.
Truth-seeking initiatives
19.
President Barrow established two truth-seeking commissions to investigate
economic crimes and human rights abuses committed during the regime of former President
Jammeh: the Commission of Inquiry into the Financial Activities of Public Bodies,
Enterprises and Offices (known as the Janneh Commission) and the Truth, Reconciliation
and Reparations Commission.
20.
The Janneh Commission was established in June 2017 and started hearing evidence
in public sessions in August of that year. It submitted its final report to the Government in
March 2019. Gambian society was looking forward to learning the outcomes of the report,
but only a succinct version of it (the “white paper”) was released online. This caused
dissatisfaction, as only certain recommendations, but not the findings, where included in the
paper. The Special Rapporteur was informed by authorities that the full version of the
report was available for purchase, but did not clarify if the general population had been
made aware of that. In relation to the alleged abuses of public finances by the previous
regime, the Government proceeded to freeze the assets suspected of belonging to former
President Jammeh.
21.
One of the first and most successful transitional justice processes initiated in the
Gambia has been the creation of the Truth, Reconciliation and Reparations Commission. It
is an independent institution established by an Act of the National Assembly in December
2017. It became operational when its 11 commissioners were sworn into office in October
2018. The Commission was set up to operate for two years with a possible extension.
22.
The purpose of the Commission is to investigate all human rights violations that
occurred from July 1994 to January 2017 and to prevent a recurrence of such violations. To
fulfil its truth-seeking role, the Commission can undertake investigations, conduct research
and collect testimonies. It was vested with strong investigative powers, including the ability
to request documents, even compelling their production when necessary, and to gain access
to relevant sites without prior notice.
23.
In addition to truth-seeking, the Commission is mandated to:
(a)
Recommend individuals for prosecution;
(b)
Make recommendations with regard to the granting of amnesties;
(c)
Design individual or collective reparations;
(d)
Facilitate national and community reconciliation.
24.
The Act establishes within the Commission a human rights violations committee; a
child protection and sexual and gender-based violence committee; a reparations committee;
and an amnesty recommendation committee. A national healing and reconciliation
committee was created subsequently by the Commission.
25.
On its home page, the Commission underscores the adoption of a victim-centred
approach that prioritizes their dignity and well-being.6 The Special Rapporteur welcomes
the Commission’s stated focus on victims, an essential requirement in the work of all
transitional justice mechanisms.
Collection of testimonies and witness protection
26.
In July 2019, following the initial collection of testimonies and the conduct of
investigations, the Commission started convening public hearings at which victims,
witnesses and perpetrators were invited to testify. While only some individuals can testify
at these hearings, everyone can provide testimony: to a member of the team of mobile
statement-takers; at the Commission’s headquarters in Kotu; at the regional statementtaking offices; or with the regional focal points of the Gambia Center for Victims of Human
6
6
www.trrc.gm/.
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