18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 4 (5 December 2019)
Name of the Event: Justice for Victims of Rights Violations and Sexual Violence in The Gambia (Side Event co-hosted by the Netherlands, Uganda, Africa Legal Aid (AFLA), La Fondation pour l'Égalité des Chances en Afrique, and the Women's Initiatives for Gender Justice (WIGJ))
Overview by: Hester Dek, Intern PILPG-NL
Summary of the Event:
“Justice for all of those people means Jammeh has to pay for everything he has done.”
The panel consisted of Reed Brody (Advocate for Yahya Jammeh’s Victims; Counsel, Human Rights Watch), Toufah Jallow (Former Beauty Queen who Inspired the Gambia’s Me Too Movement after Accusing ex-dictator of Rape), Martin Kyere (Sole survivor of West African Migrant Massacre in the Gambia), Fatoumatta Sandeng (Daugther of Slain Gambian Activist Solo Sandeng; Spokesperson, Jammeh2Justice Campaign), and Melinda Reed (Executive Director, Women’s Initiatives for Gender Justice). The event was chaired by Evelyn A. Ankumah (Executive Director, Africa Legal Aid).
The panel opened with a film by Human Rights Watch called “Truth and Justice in The Gambia” (watch it here). After Reed Brody applauded his personal hero’s (Toufah, Martin, and Fatoumatta), he discussed avenues for justice for the crimes committed during the Yahya Jammeh era; while the TRRC has had a positive impact, it is time to discuss the question of what will happen now. According to Mr. Brody, the main problem is that Jammeh fled to Equatorial Guinea, which is why the “Campaign to Bring Jammeh and his Accomplices to Justice” (#Jammeh2Justice) was launched. “There is hope that with this campaign there will be sufficient political momentum so that Equatorial Guinea will feel the need to abide by the law.”
Another video was shown, introducing the next speaker on the panel: Toufah Jallow (watch it here). The video shows her message: “my justice includes a whole system change, so that we can prosecute this man, have our day in court”. During the panel, she spoke about the importance of addressing sexual violence by state officials. Her message was threefold. First, how many women are afraid to speak up about sexual violence they have experienced; “I wondered how many girls are looking for a way to say what has been done to their bodies. I decided to be that person, for myself, and for other young Gambians”. Secondly, that the rape that happened to her was not about sexual desire, but “a display of power, a manifestation of where I stand and he stands, to turn a no into a yes because of who I am”. She explained how perpetrators are aware of these dynamics, they think they are safe, that no one will believe the survivors. Third, that we should not forget sexual violence in the prosecution, “those counts are worthy enough to be included in what will eventually bring Jammeh to justice”.
The next topic concerned justice for the West African migrants killed in The Gambia. “I am not saying good morning, or good afternoon. J to J (Jammeh to Justice), that is how we greet. Until he is brought to justice we will not rest.” After his introduction, Martin Kyere went on to describe what had happened in 2005, when over 50 West African Migrants were massacred in The Gambia, leaving him as the sole survivor. He explained how he travels from village to village to find the families of those who did not survive.
Hereafter, Fatoumatta Sandeng took the floor, discussing why The Gambia needs justice. She provided three reasons. First, she explained that it is needed for the state to heal; “as victims we will never heal without justice, without justice we would never reconcile”. Second, she stated that it is needed for young people, in order for them to put their intellectuality into something else; “we need justice to divert our concentration to other things”. Third, to set an example to world leaders, African leaders, Gambian leaders: you don’t rape us, you don’t kill us, you don’t torture us without facing justice.
Following this powerful speech, Melinda Reed took the floor, providing for a broader understanding of accountability for sexual violence. First, and as already explained by Toufah Jallow, Ms. Reed emphasized the need to enable the disclosure of sexual violence. “Survivors are the experts on sexual violence, not the academics or the legal practitioners”. She explained how accountability requires this conversation as “you cannot find what you are not looking for”. Second, she discussed the issue of hierarchy in cases of sexual violence, which is disempowering to victims. Lastly, she called for action: “let’s not let the challenge of prosecution of sexual violence stop us. We must choose to confront these challenges”.
The event was concluded with a discussion on the need of custody for trial, the effect of the TRRC, and how to get victims disclose information earlier in the trial (Habré case). Fatoumatta Sandeng concluded: “We do not know what the stance of the government is, but we know what our stance is as victims. We own this. We know where we stand.”