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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