Bills 2024 establishing the Special Prosecutor’s Office and 2024 establishing the Special Accountability Mechanism (TRRC) were amended and subsequently approved by the Gambian National Assembly on Monday, April 22nd, 2024.
The measures were filed by Attorney General and Minister of Justice Dawda A. Jallow at the first extraordinary session of the 2024 legislative year. His Excellency President Adama Barrow had issued a certificate of urgency, thus assembly members were compelled to discuss them immediately.
The legislation were passed quickly on the day they were introduced because of the urgency clause, which required the assembly to consider topics brought before them rapidly. They went through all three phases of the legislative procedure.
To establish a thorough system for the prosecution of persons responsible for grave human rights breaches discovered by the TRRC between 1994 and 2017, the Special Accountability Mechanism (TRRC) Bill, 2024 seeks to do just that.
The purpose of the Special Prosecutor Office Bill, 2024 is to create a position for a designated official to investigate and bring to justice cases involving grave human rights breaches documented by the TRRC report between 1994 and 2017.
Discussions on the legislation’ merits and underlying principles followed their introduction by the Justice Minister. The relevance of these bills in prosecuting those accused of major human rights breaches was highlighted by Hon. Muhammed Kanteh, a National Assembly member from Busumbala. To establish guilt or innocence, he said, these bills are necessary since TRRC reports alone might not be enough. He went on to say that some people at various institutions have been recommended for administrative leave in the reports.
Kanteh went on to say that these measures put an emphasis on justice rather than reconciliation, and that they intend to help victims and those accused of these crimes.
The importance of the Special Prosecutor’s Office Bill is highlighted by Hon. Lamin Ceesay, NAM, who is representing the King West constituency. The establishment of an office devoted to investigate the many human rights breaches endured by Gambians from 1994 to 2017 is the primary objective of this important document. Because the infringement of the rights of even a single human being is an infringement of the rights of all people, he stresses the significance of fixing these problems.
The affairs of others need to concern us as well because we are all interdependent on one another as human beings. He emphasised that as decent citizens, we should speak up firmly when we see the infringement of someone’s rights.
The laws aim to take extra steps to address previous crimes and prioritise prosecution, according to Honourable Suwaibou Touray, the National Assembly Member representing Wuli East. Justice via accountability is the goal of this strategy.
The fact that the bill goes beyond only criminal prosecution is one of its best features. It offers more ways to deal with past crimes as well. Victims can heal from the trauma they’ve endured and go on with their lives with the help of this strategy, which prioritises accountability, justice, and healing.
Nevertheless, lawmakers hold differing views on when the Bill will be introduced. Considering the atrocities occurred during the first administration, some contend that such bills ought to return to that era.
After devoting the entire day to reviewing the bill, the speaker brought it up for a third reading and eventual passage. The bill was approved by 34 members with the disapproval of 3 Foni NAMs. As a result, the vote went to the majority.