He also underlined political challenges as another factor towards these efforts.
“However, it is my ardent belief that all these challenges and political challenges are surmountable if the current political will and commitment does not dissipate over time,” he said while delivering a lecture this year’s International Rule of Law at the behest of Bar Council on the topic: ‘Transitional Justice in The Gambia-From Truth Seeking to Justice’.
The International Rule of Law lecture was organised by the Bar Council of England and Wales.
“Political will at the highest level must be demonstrated publicly. For this reason, it is important that the President of the Republic, His Excellency Adama Barrow champions the implementation of the TRRC recommendation for justice and accountability as an integral part of
the country’s commitment to the restoration of the rule of law and respect for the human rights.”
“As Gambians, we have learnt from the failed attempt to introduce a new constitution which enjoyed massive public support but did not get the required votes in Parliament to go beyond the first reading,” Mr. Taal said. “The lesson learnt amongst other things is that the support and buy in of domestic legislature (politicians) 16 is critical for the success or failure for any major reform in the country. For this reason, The Gambia Bar Association proposes a constructive engagement of the National Assembly [Parliament] to apprise them of the importance of implementing the TRRC recommendations as part of the country’s commitment to consolidate our democracy and come to terms with our brutal past. The discourse on the TRRC should be elevated beyond and above partisan interests and politics.”
“The Victims [Survivors] have been waiting for Justice for a long time and Justice must happen, sooner than later. Whilst the process for establishing a hybrid court is ongoing we are happy to learn of Government’s intention to establish a special division within the high court under the judiciary with
enhanced capacity to try perpetrators whose offences have not reached the higher threshold of international crimes.”
“For this purpose the establishment of the Special Prosecutor’s office envisaged is a critical step to start the process of identifying the perpetrators to be
prosecuted and for what crimes based after thorough assessment and further investigations as may be required; bearing in mind that the evidential threshold required for prosecution in a court to establish criminal liability is higher than in truth commission or tribunal of fact.”
“As country we have come far in terms of peacefully removing a dictator through the ballot box and embarking on a truth seeking journey which exposed the horrendous crimes committed by the former President and his co-perpetrators.”
“In 2013, Gambia withdrew from the Commonwealth. In 2016, Gambia announced its withdrawal from the ICC. Jammeh was a pariah even within ECOWAS, the sub-regional bloc. His distaste for human rights, democratic values, international human rights organisations and the UN was conspicuous. Today Gambia is at cusp of establishing a model hybrid court that will set a precedent in International Criminal Justice and the fight against impunity in Africa. The Gambia a small country is regaining its name as a champion of human rights. Who would have imagined The Gambia bringing a case at the ICJ against Myanmar to protect the minority Rohingya from genocide and setting a precedent in International Law?”
“The Gambia is consolidating its democratic gains anchored on the respect for the rule of law. I am honoured to stand here to represent many unsung Gambian heroes who have contributed to our journey to justice. Never Again is not or should not be mere hollow words but rather a commitment and collective resolve to prevent recurrence of the brutality and systematic wrongs that were inflicted on the people for 22 years. I dedicate this lecture to my compatriots who on December 1, 2016 voted for change, rejected impunity.”
