The Ecowas Court of Justice has adopted an amicable settlement between the Government of The Gambia and eight family members of former parliamentarian Mahawa Cham over his unlawful disappearance and killing during the Jammeh era.
The settlement, adopted as a Consent Judgment under Article 72 of the Rules of the Ecowas Court, commits the Gambian government to investigate and prosecute the alleged perpetrators and implement measures aimed at securing accountability and reparations for the Cham family.
The case, filed by the late Kiang East MP’s wive’s Binta Jarju, Isatou Fatty, and children, Lamin Cham, Bakary Cham, Fatou Cham, Kaddy Cham, Omar Cham and Limam Cham, concerns his disappearance and unlawful killing in 2013 .
The plaintiffs were represented by the Institute for Human Rights and Development in Africa (IHRDA), in partnership with the African Network against Extrajudicial Killings and Enforced Disappearances (ANEKED).
The Truth, Reconciliation and Reparations Commission (TRRC), in its report of November 25, 2021, concluded that Mahawa Cham was unlawfully disappeared and killed and recommended the prosecution of the alleged perpetrators.
The government accepted the TRRC recommendations through its White Paper and has now committed, under the settlement, to implement the relevant recommendations.
It has also agreed to exhume and surrender Mahawa Cham’s mortal remains to the plaintiffs and compensate them at a figure already agreed by the parties and approved by the Court.
The settlement further requires the government to strengthen transitional justice mechanisms, including the Victims Reparations Commission and the National Human Rights Commission, and improve their visibility and accessibility.
The government has committed to implement the recommendations within one year from the date of the settlement, while the Ecowas Court will remain seized of the matter until the agreement is fully implemented.
“The absence of our father has brought a lot of difficulties and hardship to our family. Nobody can pay for a soul, but reparation can go a long way towards addressing some of the major hardships we have faced. We hope this settlement brings closure to our family, and gives hope to other families still waiting for justice. We also plead with the Government of The Gambia to take steps against the perpetrators and hold them accountable for their actions.” said Lamin Cham, son of Mahawa Cham.
Sirra Ndow, ANEKED Gambia Country Director, described the settlement as a significant moment for the Cham family and other victims of human rights violations.
“The adoption of the amicable settlement terms is not simply the conclusion of a legal proceeding. This is a significant moment for the Cham family and all victims and families of gross human rights violations. We urge the Gambian Government to build on this progress and fast-track the implementation of the TRRC recommendations and ensure that justice, reparations, accountability and guarantees of nonrecurrence become realities for all victims of human rights violations.” Sirra Ndow.
Awa Gai, Legal Representative from IHRDA, said the priority now is to ensure that the government fulfils the commitments contained in the agreement.
“Full and timely implementation is now critical to ensuring that justice is not only promised, but delivered,” said Awa Gai.
IHRDA and ANEKED said they will continue to monitor the implementation of the Consent Judgment and engage with relevant authorities and institutions to support the full and timely implementation of the government’s commitments.
