A/HRC/45/45/Add.3
Rights Violations. The Research and Investigation Unit carries out investigation, statementtaking and hearings in close collaboration with the Human Rights Violation Committee.
27. Official information indicates that the Commission has conducted 12 public hearings,
received over 1,000 statements, and showcased over 219 witnesses since its establishment,
54 of whom are women. The hearings are broadcast on live television and radio, gaining
immediate popularity in Gambian society. The Special Rapporteur was impressed by the
vast number of Gambians of all trades and backgrounds that follow the hearings of the
Commission and by the way in which the hearings have become a central aspect of
Gambian social and political life, an element rarely seen in other transitional justice
processes.
28.
The public hearings have triggered widespread social discussions, and they have
allowed Gambians to learn the truth about and understand the scope of the violations
committed during the past regime. The hearings have shocked and moved a society that is
waking up to the full extent of its violent past. As a result of the hearings, the Commission
has become the most renowned transitional justice driver in the Gambia, especially in the
Greater Banjul Area and in diaspora communities. The regional hearings conducted in late
2019 on the issue of witch-hunts contributed to enhancing national ownership of the
Commission’s work and further encouraged public participation. On the other hand, it has
been brought to the Special Rapporteur’s attention that the absence of translation into
minority languages and unequal access to electricity impede wider dissemination of the
Commission’s hearings and processes.
29.
The Commission’s success, however, has also become its weakness. As Gambian
society follows every development at the Commission, the victims fear that narrating their
stories in front of the country and their own communities may expose them and their
families to stigmatization and, in some instances, to reprisals. This is particularly true for
victims of sexual and gender-based violence, people living with HIV/AIDS, persons
accused of witchcraft, and military personnel. For others, it is simply too hard to share their
suffering with such a large audience.
30.
The Commission has set up pertinent mechanisms to ensure the safety and, where
required, the privacy of victims and witnesses. The home page of its website contains clear
information about the several procedures in place for testifying, which guarantee safety,
anonymity and confidentiality. It is also noted that special precautions are taken to ensure
the safety and well-being of survivors of sexual abuse and gender-based violence, as well as
other vulnerable groups, including survivors of forced alternative HIV/AIDS treatments
administered under the former President’s regime.
31.
During the visit, it became evident that these mechanisms were regrettably not
clearly understood or perceived to be sufficient by the community of victims, too many of
whom had decided not to testify owing to fear. The Special Rapporteur suggested to the
authorities that the information reaching victims might be insufficient. He noted that it was
imperative that the existing procedures be repeatedly explained, making use, for example,
of the vast power of live Commission transmissions to provide outreach. Consultation with
victims about the pertinence of the mechanisms should also be envisaged. Victim access to
clear information about the mechanisms can help dissipate fears or misconceptions,
facilitate informed decisions and encourage testimonies.
32.
The Commission has also set up mechanisms to prevent intimidation of victims and
witnesses. The Special Rapporteur would like to congratulate the Commission for the
emphasis placed during the hearings on ensuring that victims and witnesses would not be
vulnerable to reprisals or be intimidated for having provided testimony to the Commission.
The Act sets out a witness protection system, which has been implemented in individual
cases, including of victims of sexual and gender-based violence and high-profile victims,
but has not led to the adoption of a comprehensive programme.
33.
Regarding victims of sexual and gender-based violence – a crime that was
widespread during the past regime and that is often underreported – the Special Rapporteur
notes the focus that the Commission has placed on providing those victims with support
and security, and in facilitating testimonies without fear of stigma, shaming or
revictimization. He also takes note of the special session held by the Commission to address
the violations they suffered.
7
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