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| T O P I C R E V I E W |
| Momodou |
Posted - 28 Dec 2021 : 17:11:29
From the TRRC Report
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STATEMENT AND RECOMMENDATION ON THE NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
In December 2017, the Gambia Government passed a series of laws setting up a Constitutional Review Commission (CRC), a Truth, Reconciliation and Reparations Commission (TRRC) as well as a National Human Rights Commission (NHRC). These instruments and institutions interlinked form the broader framework of the Transitional Justice Process intended to enable the country to transition from the Jammeh dictatorship – during which Gambians suffered gross violations of human rights to a democratic dispensation.
The TRRC had a limited time span to carry out its mandate of investigating and establishing an impartial historical record of the nature, causes and extent of violations and abuses of human rights committed during the period of July 1994 to January 2017 and to consider the granting of reparations to victims and for connected matters. The NHRC however is a permanent independent body with mandate to promote and protect human rights and fundamental freedoms in The Gambia, investigate human rights violations and provide redress and remedial actions to victims.
From the mandates of both the TRRC and the NHRC, it seems logical to assume that the NHRC, is the natural body to monitor implementation of the TRRC recommendations to ensure that Never Again in the history of The Gambia will such human rights violations and abuses occur.
The NHRC’s promotion and protection mandate (Section 12 of the NHRC Act 2017) includes monitoring, receiving, investigating and considering human rights violations in The Gambia as well as assisting the Government in formulating appropriate policies with respect to human rights.
In the process of implementing its mandate the TRRC has accumulated a wealth of materials which can contribute not only to building the impartial historical record of what happened in The Gambia during the period July 1994 to January 2017 but can also be used for research by academia and for other countries to learn from The Gambia experience.
It is in this regard, therefore, that the TRRC recommends the following:
1. That the NHRC be given the responsibility of monitoring the implementation of the TRRC recommendations and in that capacity reports on the status of implementation and provides an annual report to National Assembly.
2. That the NHRC be responsible for the archiving and digitalisation of documents, information and materials emanating from the TRRC to help in the preservation of the impartial historical record of human rights violation that the TRRC was mandated to establish.
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