Upon the proposal, the ECOWAS Commission and the government had been working together through a Joint Technical Committee to develop the Statute for the Special Tribunal and a Decision for consideration by ECOWAS Heads of State, but ECOWAS decided to refer the matter to its parliament which subsequently turned it down.
The full text of the government’s statement reads below:
“The Truth, Reconciliation, and Reparations Commission has recommended the prosecution of approximately 69 individuals for various crimes, including international offences, committed in The Gambia from July 1994 to January 2017. The government of The Gambia has accepted this recommendation in its White Paper and has begun implementing it through the establishment of a Special Accountability Mechanism. This mechanism includes the Special Prosecutor’s Office, the Special Criminal Division of the High Court, and the Special Hybrid Tribunal.
In October 2022, the government of The Gambia proposed a partnership with the ECOWAS Commission to establish a special tribunal for The Gambia. Since February 2024, the ECOWAS Commission and the government have been working together through a Joint Technical Committee to develop the Statute for the Special Tribunal and a Decision for consideration by ECOWAS Heads of State.
From 10 to 12 June 2024, technical experts from ECOWAS member states' Ministries of Justice met in Banjul to review the Draft Statute and Decision on the Special Tribunal. They recommended its adoption to the ECOWAS Ministers of Justice.
On 29 June 2024, the ECOWAS Mediation and Security Council at the Ambassadorial Level decided to defer the memorandum for further consultation and deliberation at the Ministers of Justice level to follow existing procedures.
Subsequently, on 2 July 2024, the Ministers of Justice met, considered, adopted the Experts' Report, and approved the Draft Statute and Decision for the Special Tribunal for The Gambia.
Despite efforts to move forward, the ECOWAS Mediation and Security Council at the Ministerial Level meeting on the 3rd of July chose to defer consideration of the Memorandum on the establishment of the Special Tribunal to their next session, meaning it will not be tabled at the 65th Ordinary Session of the Authority of Heads of State and Governments scheduled for 7th of July 2024.
The ECOWAS Commission sought the opinion of the ECOWAS Parliament, which was deliberated on 5 July 2024. While the Parliament acknowledged The Gambia's right to establish a Special Tribunal to prosecute crimes and human rights violations, it expressed concerns about ECOWAS's involvement in the process. Consequently, the ECOWAS Parliament voted against the proposal, rendering an unfavourable opinion on the matter.”
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