Bill Should Ban Amnesties for Most Serious Crimes
(Banjul) – Gambia’s truth commission bill, to be debated on December 13, 2017, is an important opportunity to shed light on human rights violations committed during the rule of former President Yahya Jammeh, Human Rights Watch said today. The National Assembly should amend the Truth, Reconciliation and Reparations Commission bill to prohibit amnesties for those responsible for extrajudicial killings, enforced disappearances, rape, or torture, in accordance with international law and practice.
“Gambia will greatly benefit from a truth-telling process that shines light on Jammeh’s abuses,” said Jim Wormington, West Africa researcher at Human Rights Watch. “Gambian victims deserve a truth commission that gives them a platform to tell their stories and lays the groundwork for those most responsible for grave crimes to face justice.”
The proposed 11-person truth commission will document human rights abuses during Jammeh’s two-decade rule, which ended when he left for exile in January after losing a December 2016 presidential election to Adama Barrow. The bill permits the commission to grant amnesties to perpetrators who testify truthfully about their role in abuses. While it precludes amnesties for acts that “form part of a crime against humanity,” it does not rule them out for other serious crimes under international law.
Justice Minister Aboubacarr Tambadou put forward the truth commission legislation after conducting a countrywide consultation process in August. The government also consulted widely with domestic and international nongovernmental organizations, including Human Rights Watch.
In appointing commissioners, the bill requires Barrow to consult with a range of civil society groups, including victims’ organizations, as well as to consider Gambia’s geographical, regional, and gender diversity. Identifying the right commissioners will be essential for the truth commission to be viewed as independent, impartial, and competent, Human Rights Watch said.
Tambadou told Human Rights Watch that the government will offer individuals the opportunity of an amnesty to encourage them to come forward to disclose their role in past abuses. The bill’s preamble states, “It is important to have an accurate and impartial historical record of the violations, [and] document them for posterity to ensure that ‘never again’ do we encounter a reoccurrence of such abuses.” The commission plans to hold public hearings and publish a final report, with the government required to issue a white paper within six months describing how it will implement the report’s recommendations.
The bill itself acknowledges that responding to Gambia’s legacy of human rights violations also means addressing the country’s culture of impunity. It empowers the commission to identify and recommend for prosecution the persons who bear the greatest responsibility for human rights violations and other abuses. However, by permitting amnesties for serious crimes that do not amount to crimes against humanity, the law could prevent many Gambian victims from seeking justice, Human Rights Watch said.
As the truth commission advances, the government should also consider whether and how the commission should share evidence with Gambian police and prosecutors investigating grave crimes, Human Rights Watch said. The justice ministry should consider negotiating a formal memorandum of understanding between the truth commission and public prosecutors that sets out how the commission will provide guidance to investigators while preserving the confidentiality of victims and witnesses.
“Gambia’s truth commission is the first step in efforts to bring justice to victims and hold those responsible for serious crimes accountable,” Wormington said. “Gambia’s international partners should assist the government to ensure that the commission achieves its important aims.”
In October, Human Rights Watch and Gambian and international groups launched the “Campaign to Bring Yahya Jammeh and his Accomplices to Justice” (#Jammeh2Justice) to press for Jammeh, as well as those who bear the greatest responsibility for the crimes of his government, to be brought to trial with all due process guarantees. Jammeh now lives in exile in Equatorial Guinea.
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