The good news for the Gambians arrived on December 15, 2024. That day, the heads of state and government of the Economic Community of Western Africa (CEDEAO), gathered in Abuja, capital of Nigeria, approved the Statute of the Court Special for Gambia (GSC), a hybrid organ with gambian and international personnel who have the mandate to prosecute crimes against the Humanity, torture and other serious crimes committed during the regime of former President Yahya Jammeh (1996 – 2017). Among the defendants is Jammeh himself, indicated by the Truth Commission, Reconciliation and Reparation (TRRC) Gambiana of murder, torture and rape during his government. The ex -president was forced to resign after losing the elections in December 2016 and the great demonstrations that remained before his refusal to abandon power. At present, he lives exiled in Equatorial Guinea.
The bad news came recently, when the US president, Donald Trump, decided to freeze all government assistance programs. Although there are still many doubts about the scope of the measure, the new administration has indicated that most of these programs, financed by USAID and the State Department, will be closed. And as a consequence, it is most likely that the GSC cannot be launched due to lack of funds.
It was not easy to get Abuya’s decision. After more than 870 days of testimonies, which cover horrible details of abuse of 392 witnesses, including victims, perpetrators and experts, the TRRC presented its final report to President Adama Borrow on November 25, 2021. It recommended that Jammeh and 68 Former officials, including members of the Armed Forces and the Police, were tried for their alleged role in multiple crimes. However, the hopes of the victims of getting justice quickly were frustrated by the alleged lack of political will of the government. This was manifested in the slowness to process the alleged perpetrators. The Gambian authorities repeatedly blamed the delay to jurisdictional and procedural problems.
With the approval of the GSC statute these problems are solved. The court will have jurisdiction to judge international crimes (war and against humanity), regardless of whether they were crimes or not, according to the Gambian legislation, at the time of committing.
Possibly, reaching the ABUYA agreement and approve the GSC Statute has been the easiest part of the implementation of this court, and that has been taking three years. The most difficult task will be financed. It is estimated that its cost can amount to 60 million dollars. Without money, the necessary staff cannot be hired and put it into operation. And that, without still considering whether Equatorial Guinea will extradite Jammeh.
The expectations are put that the international community contributes the necessary funds so that the victims of the former president find justice. Until now, the United States has been Gambia’s greatest individual donor. In the last year from which complete data are available, 2023, donated $ 35.9 million to the small country of Western Africa. But everything indicates that with the decision taken by the new US administration, these figures will disappear. However, the European Union as a whole contributes much more annually. But so far, it does not seem that the idea of the GSC has aroused great enthusiasm in it.
In the image, relatives of the victims of the regime of the former president of Gambia Yahya Jammeh demonstrating in Banjul on April 17, 2018 to demand answers on the state of the investigation into the disappearance of their loved ones. Photography: Claire Bargeles / Getty
