A/HRC/45/45/Add.3
70.
The Commission indicated that victims of sexual and gender-based violence who
come in contact with them are referred to the Sexual and Gender-Based Violence Task
Force to assess their cases and ensure that physical and psychosocial care, and protection,
are available to them. This assistance has also facilitated their testimonies. The Child
Protection and Sexual and Gender-Based Violence Committee has similar responsibilities
but has been less functional.
71.
Victims with whom the Special Rapporteur met indicated that they had not yet
received support, rehabilitation or compensation from the State. During the visit, he heard
the plight and observed the suffering of many of them. He was present at the Commission’s
witch-hunt hearings and was shocked to hear the violations perpetrated against persons who
were forced to drink poisonous concoctions that killed some and left survivors with serious
medical conditions and disabilities. He also received harrowing reports of the violations
suffered by victims of the alternative HIV/AIDS treatment programme of former President
Jammeh, which led to the death of many persons living with AIDS and caused irreversible
damage to the health and recovery of the survivors. 21 He also heard the grieving testimonies
of the relatives of persons who were disappeared or killed. These and other victims have
been suffering mentally, emotionally and physically for years. Victims and their families
have also been left stigmatized, isolated and without access to sources of livelihood and
essential services for themselves and their children. The Special Rapporteur expresses his
solidarity with all of them and underscores that it is imperative that the Government adopt a
comprehensive reparations programme without delay.
72.
The Commission has developed a reparations policy, which has not yet been
finalized. During the Special Rapporteur’s visit, victims and civil society expressed
discontent about insufficient consultation in the development of the policy. They noted that
they had not been able to see the draft policy, provide inputs on it or engage in its design in
a meaningful way. The Special Rapporteur recalls that consultation with victims and with
civil society is essential for the adoption of any transitional justice measure. Consultation
must be effective and infuse the entire process of design and development of a reparations
policy.
73.
In addition to the existing collection of testimonies, a census and registry of victims
is essential to ensure accuracy about the number of victims in the Gambia and the violations
they have suffered, as well as for the adequate design of reparation policies. For a registry
to be successful and to support a future reparations programme, it must be addressed to all
victims; be geographically widespread, flexible and not time-bound, in order to receive
applications wherever and whenever needed; require a low threshold of evidence of
victimhood; and encompass procedures that are clearly communicated and easily accessible
to victims. Reaching out to all victims must be central to the design and development of the
country’s reparation policy.
G.
Memorialization in the Gambia
74.
During the visit, the Special Rapporteur did not become aware of official policies in
the field of memorialization. He learned, however, about a few ad hoc initiatives, including
the commemoration of the 10 April 2000 student massacre and the 11 November 1994
plotters’ execution, spearheaded by the Truth, Reconciliation and Reparations Commission
and civil society; and a private photo exhibition, entitled “Portraits for positive change”,
that is displayed in the Commission’s headquarters and is used in its outreach activities.
75.
The Commission indicated that memorialization processes would be included as part
of the recommendations in its final report. Government officials provided information
about the study trip conducted by officials and Commission staff to learn from the
memorialization processes of Rwanda. Memorialization is a pillar of transitional justice
processes. It is important that memorialization initiatives feature predominantly in the
country’s transitional justice process, in order to satisfy the needs of victims and to provide
a guarantee of non-recurrence for Gambian society.
21
14
Victims of the programme were also shown on television without consent.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents