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, requiring the Government to investigate and prosecute those allegedly responsible for his disappearance and unlawful killing.
The settlement was adopted as a Consent Judgment on Tuesday, October 6, 2026, in the case of Binta Jarju, Isatou Fatty, Lamin Cham, Bakary Cham, Fatou Cham, Kaddy Cham, Omar Cham and Limam Cham v. The Republic of The Gambia, ECW/CCJ/APP/11/24.
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 Disappearance (ANEKED).
Under the terms of the settlement, the Government has committed to investigate and prosecute the unlawful disappearance and killing of Mahawa Cham within one year of the date of settlement, in line with its obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The Government has also committed to prosecute the case against all alleged perpetrators to its final conclusion.
Another key commitment is the exhumation and surrender of Mahawa Cham’s mortal remains to his family, a move that could provide long-awaited closure to relatives who have spent years seeking answers about his fate.
The Truth, Reconciliation and Reparations Commission (TRRC), in its final report of November 25, 2021, concluded that Cham was unlawfully disappeared and killed and recommended the prosecution of the alleged perpetrators.
The Government accepted the TRRC’s recommendations through its White Paper, making the latest settlement a significant development in efforts to implement those recommendations.
The settlement also provides for compensation to the plaintiffs at an amount agreed by the parties and approved by the Court.
For the Cham family, the development represents an important step towards justice.
“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,” said Lamin Cham, son of Mahawa Cham.
“We hope this settlement brings closure to our family, and gives hope to other families still waiting for justice,” he added, while urging the Government to hold the alleged perpetrators accountable.
Beyond the Cham case, the settlement 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.
It also commits the Government to strengthen existing measures for promoting accountability for human rights abuses and crimes committed between July 1994 and January 2017
Awa Gai, Legal Representative from IHRDA, said the adoption of the settlement was not simply the conclusion of a legal proceeding.
“The ECOWAS Court remains seized of the matter until the Government of The Gambia fully implements the Agreement,” she said, stressing that timely implementation was critical to ensuring that justice was delivered.
Sirra Ndow, ANEKED Gambia Country Director, urged the Government to accelerate implementation of the TRRC recommendations and ensure justice, reparations, accountability and guarantees of non-recurrence for victims of human rights violations.
IHRDA and ANEKED said they would continue monitoring implementation of the Consent Judgment and engage relevant authorities to support its full and timely implementation.
