ECOWAS Court: Gambia Finalizes Mahawa Cham Settlement

• The ECOWAS Court of Justice adopted an amicable settlement between the Gambian government and the family of Mahawa Cham, a former parliamentarian who disappeared and was killed.
• The settlement mandates the Gambian government to investigate and prosecute those responsible for Cham's death within one year, based on international human rights obligations.
• Key commitments include financial compensation for the family, recovery of Cham's remains, and pursuing all alleged perpetrators to conclusion.
• The agreement also requires The Gambia to strengthen its transitional justice mechanisms and accountability for human rights violations from 1994 to 2017.
• The ECOWAS Court will continue to monitor the Gambian government's full and timely implementation of the settlement.

The ECOWAS Court will maintain oversight until the Gambian government fully implements all aspects of the agreement, underscoring the importance of timely execution for ensuring compliance with international human rights obligations.

The ECOWAS Court of Justice recently formalized an amicable settlement concerning the disappearance and killing of Mahawa Cham, a former Gambian parliamentarian. This landmark agreement was reached between the Government of The Gambia and eight members of Cham's family, bringing a significant step towards justice for an incident that occurred during the regime of former President Yahya Jammeh. The settlement was officially adopted as a Consent Judgment in the case identified as Binta Jarju, Isatou Fatty, Lamin Cham, Bakary Cham, Fatou Cham, Kaddy Cham, Omar Cham and Limam Cham v. The Republic of The Gambia, under case number ECW/CCJ/APP/11/24.

The family of Mahawa Cham received legal representation from the Institute for Human Rights and Development in Africa (IHRDA), working in collaboration with the African Network Against Extrajudicial Killings and Enforced Disappearance (ANEKED). This ECOWAS Court Mahawa Cham settlement Gambia mandates several key actions from the Gambian government, including a thorough investigation into Cham's fate, the prosecution of those deemed responsible, financial compensation for the affected family, and the recovery and handover of his remains. This development marks a crucial moment for accountability regarding human rights violations from the Yahya Jammeh era.

Under the terms of the ECOWAS Court settlement, the Gambian government has made explicit commitments to investigate and prosecute the unlawful disappearance and killing of Mahawa Cham. This process is to be conducted in full adherence to The Gambia's international obligations, specifically those outlined in the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights. A critical aspect of the agreement is the stipulated timeline, requiring the government to finalize both the investigation and prosecution within one year from the settlement date.

Furthermore, the government has agreed to provide compensation to the plaintiffs, with the specific amount having already been mutually agreed upon by all parties and subsequently approved by the ECOWAS Court. Another vital commitment involves the exhumation of Mahawa Cham's remains and their subsequent handover to his family, providing a measure of closure. The government has also pledged to ensure that all legal proceedings initiated against individuals allegedly involved in these acts are pursued to their ultimate conclusion, reinforcing its dedication to addressing past human rights violations. These commitments directly follow the findings of the Truth, Reconciliation and Reparations Commission (TRRC), which in its final report of November 25, 2021, concluded that Cham was unlawfully disappeared and killed, recommending prosecution for those responsible. The Gambian government had previously accepted these TRRC recommendations through its official White Paper.

Beyond the specific case of Mahawa Cham, the ECOWAS Court Mahawa Cham settlement Gambia carries broader implications for the nation's transitional justice efforts. The agreement includes provisions for strengthening existing transitional justice mechanisms within The Gambia, such as the Victims Reparations Commission and the National Human Rights Commission. The government has committed to enhancing the visibility and accessibility of these two crucial institutions, aiming to better serve victims of past abuses.

Additionally, the Gambian government has undertaken to reinforce current measures and procedures designed to promote accountability for human rights violations and crimes perpetrated between July 1994 and January 2017. For the Cham family, this settlement offers a path towards resolution. Lamin Cham, Mahawa Cham's son, articulated the profound hardship caused by his father's absence, acknowledging that while no compensation can replace a life, reparations can alleviate some of the family's difficulties. He expressed hope that this agreement would bring closure and encourage other families still seeking justice. Awa Gai, a legal representative from IHRDA, emphasized that the adoption of this settlement does not signify the end of the matter; the ECOWAS Court will maintain oversight until the Gambian government fully implements all aspects of the agreement, underscoring the importance of timely execution for ensuring compliance with international human rights obligations.

Lawyers and compliance officers should note this ECOWAS Court settlement as a significant development in the enforcement of human rights judgments against the Gambian government, setting a precedent for accountability and reparations for past abuses. It highlights the government's specific, time-bound commitments to investigate, prosecute, and compensate, which will be closely monitored by the ECOWAS Court, thus creating a framework for future claims and ensuring compliance with international human rights obligations.

Source: Original reporting via the ECOWAS Court of Justice.