As the dawn of 2024 approached, a significant legislative move unfolded in The Gambia. The National Assembly took a historic step, passing a bill aimed at establishing a specialized tribunal dedicated to prosecuting human rights violations attributed to the tumultuous reign of former president Yahya Jammeh. This decision, though monumental in its moral implications, was further galvanized in December when the Economic Community of West African States (ECOWAS) announced its commitment to assist The Gambia in creating this hybrid court.
The establishment of such a tribunal is a critical landmark in The Gambia’s pursuit of justice and accountability. For years, victims of Jammeh’s regime have lived with the heavy burden of trauma and loss, their voices nearly silenced by the weight of fear and repression. As one activist poignantly remarked, “Justice delayed is justice denied.” Will this tribunal finally restore a sense of hope for those who have suffered for far too long?
Yet, while the initial steps toward creating this judicial body appear resolute, experts urge caution. They contend that agreeing upon the foundational details of the tribunal—defining its scope, drafting the legal statute, and securing ECOWAS’ endorsement—constituted merely the first hurdle in a race that promises to be fraught with challenges. These procedural achievements, though undoubtedly important, are just a prelude to the real obstacle: securing sufficient funding.
The projected costs for launching and operating the tribunal are staggering, allegedly running into tens of millions of dollars. Faced with such a lofty financial requirement, the question looms large: Where will the financing come from? Will international donors rally behind this cause to support the pursuit of justice? Stories abound of similar tribunals around the globe that have faced funding-induced obstacles, often turning great aspirations into daunting dilemmas. This raises another critical question: Can The Gambia ensure that its pursuit of justice does not falter due to a lack of financial resources?
To illustrate, consider the experience of similar institutions in the region. The Special Court for Sierra Leone, established to prosecute those responsible for atrocities during the civil war, faced myriad funding shortfalls that hampered its operations. Critics argued that extended delays in proceedings undermined public faith in the justice system. The Gambian tribunal must learn from these precedents; it should not allow financial constraints to muffle the voices of the victims it aims to serve.
Moreover, establishing a tribunal is not simply about erecting a courtroom and appointing judges. It requires comprehensive planning, a dedicated team, and robust institutional frameworks to ensure that justice is not only served but seen to be served. Collaboration between local governments, international organizations, and civil society will be essential in crafting a transparent operational model that instills faith in the judicial process. How will the Gambian government navigate these complex relationships while maintaining the integrity of this initiative?
Anecdotes from human rights advocates shed light on the emotional stakes involved. One survivor of Jammeh’s regime recounted her harrowing experience, saying, “I have lived in the shadows for years. I need my story to be told, and those responsible held accountable.” The emotional weight of such narratives cannot be overstated; they serve as a clarion call for justice that resonates deeply across the nation. With the hopes and dreams of so many hanging in the balance, the tribunal’s success is paramount. But will it be enough to mend the deep fractures within Gambian society?
In light of these impending challenges, one cannot overlook the potential impact of international support. The involvement of ECOWAS is a promising indication of a regional commitment to justice. This partnership could lead to shared resources and expertise, fortifying The Gambia’s ambitions. However, as we know, the devil is often in the details. Is the intent to support here matched by the necessary commitment and resources to see it through?
Even with the shadows of uncertainty lingering, the establishment of this tribunal represents more than just a legal mechanism—it embodies a collective yearning for healing and reconciliation. The Gambian nation stands at a crossroads, its people yearning for a brighter, more just future. What would it mean for the citizens if they could reclaim their dignity and ensure their stories are heard?
The prognosis remains mixed, but the determination among Gambians is palpable. As the nation embarks on this daunting yet hopeful journey towards justice, the stakes couldn’t be higher. Fostering justice will require more than legal frameworks; it will demand unwavering courage, solidarity, and resilience from every Gambian. Can they rise to the occasion?
As we reflect on the path ahead, let us remember that true justice is a marathon, not a sprint. It may take time, resources, and appropriate political will to arrive at a state where every victim feels validated. But let’s hold space for hope—hope that this tribunal becomes a beacon of change, not only within Gambian borders but across the region.
Edited By Ali Musa
Axadle Times international–Monitoring
