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According to the proposal, the ECOWAS Commission and the Government, through a joint technical committee, jointly prepared the statute and decisions of the Special Court for consideration by the ECOWAS Heads of State, but ECOWAS decided to refer the matter to Parliament, which subsequently rejected it.
The full government statement is as follows:
“The Truth, Reconciliation and Reparations Commission recommended the prosecution of approximately 69 individuals for various crimes, including international crimes, committed in The Gambia between July 1994 and 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. The Mechanism comprises the Office of the Special Prosecutor, the Special Criminal Division of the High Court and the Special Hybrid Court.
In October 2022, the Gambian government proposed to work with the ECOWAS Commission to establish a special court 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 and decision of the special court for consideration by the ECOWAS Heads of State.
Technical experts from the Ministries of Justice of ECOWAS member States met in Banjul from June 10 to 12, 2024 to review the draft statute and decision of the Special Court. They recommended the adoption of the draft to the ECOWAS Minister of Justice.
On June 29, 2024, the ECOWAS Mediation and Security Council at the Ambassadorial level decided to defer the memorandum to the level of Justice Ministers for further consultations and consideration in accordance with existing procedures.
Subsequently, on July 2, 2024, the Attorney General met to consider and adopt the expert report and approve the draft statute and decision of the Special Tribunal for the Gambia.
Despite the efforts, the ECOWAS Mediation and Security Council, at its ministerial meeting on 3 July, decided to postpone consideration of the memorandum on the establishment of the Special Court to its next session, meaning that the memorandum will not be presented at the 65th ordinary session of the Authority of Heads of State and Government, originally scheduled for 7 July 2024.
The ECOWAS Commission sought the opinion of the ECOWAS Parliament and deliberated on 5 July 2024. While the Parliament recognised the Gambia’s right to establish a special court to prosecute crimes and human rights violations, it expressed concerns about ECOWAS’ involvement in the process. As a result, the ECOWAS Parliament voted against the proposal and took an unfavourable view on the matter.
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