A Feminist Analysis of Sexual and Gender-Based Violence in The Gambia's Transitional Justice Journey

Commentary by Awa Gai

Published August 23, 2024

From July 1994 to December 2016, The Gambia, which has a total population of approximately 2.5 million, experienced 22 years of dictatorship under President Yahya Jammeh. The Jammeh regime was defined by numerous human rights violations, including sexual and gender-based violence (SGBV). Indeed, SGBV was institutionalized, clothed in impunity and the complicity of the Gambian state.

In 2016, Jammeh was ousted from power through an election. Following his departure in January 2017, an opportunity to pursue truth, justice, and accountability through reforming laws and institutions as well as creating a culture of human rights presented itself to the Gambian people. The beginning of the Adama Barrow government marked a transition for The Gambia from dictatorship to democracy. This political transition also marked a transitional justice journey, described by the United Nations as "the full range of processes and mechanisms associated with a society's attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation." The Gambia's transitional justice process began with the establishment of a Truth, Reconciliation and Reparations Commission (TRRC) in December 2017. The TRRC has sought to provide a platform for survivors of the Jammeh regime, including women who suffered grave human rights violations.

The year 2019 marked a turning point for women who experienced SGBV in The Gambia. Fatou "Toufah" Jallow's testimony before the TRRC exposed the sexual violence perpetuated by former president Jammeh. Her story was a catalyst for change, initiating a #MeToo movement in The Gambia, strongly determined to address the country's SGBV epidemic, which is prevalent yet discreet. Toufah's story, alongside those of other survivors who testified at the TRRC, painted a portrait of a system that allowed men in positions of power to engage in SGBV against women without facing consequences.

The long-awaited public acknowledgment of SGBV experienced by women prompted the emergence of social media hashtags including #IAmToufah and #IBelieveHer. Women, both within and beyond the borders of the country, joined in to share their encounters with sexual assault. This extensive and powerful response greatly underscores the urgent call for accountability of perpetrators of SGBV and justice for survivors. Thus, while addressing historical human rights violations and upholding human rights principles, it is imperative that The Gambia's transition from an oppressive regime to democracy continues to include the pursuit of justice for women who have experienced SGBV.

While The Gambia is a signatory to critical women's rights instruments and largely has forms of SGBV punishable in its 2013 Sexual Offences Act, the realization of justice by women who have experienced SGBV in The Gambia remains far-fetched. This has created a culture of impunity, allowing SGBV to continue unabated. With this in mind, this analysis seeks to contribute to improving women's substantive pursuit of justice within the current transitional justice framework in The Gambia. It recognizes and acknowledges women's unique and lived experiences of SGBV in a transitional justice context.

Pursuing Justice for Gambian Women Who Have Experienced SGBV

In The Gambia, enhancing access to justice for women depends on utilizing existing legal remedies and mechanisms as well as the influence of a feminist approach. Thus, the following recommendations employ a feminist analysis, which considers that existing patriarchal systems and structural inequalities between men and women in the political, economic, social, and cultural spheres are underlying factors that must be addressed in the pursuit of justice by women who have experienced SGBV:

1. An Intersectional Approach to Transitional Justice

   An intersectional approach prioritizes the perspectives of individuals who face multiple forms of oppression simultaneously, aiming to comprehend the profound nature of inequalities and their interconnections within a specific context. The pursuit of accountability for women in transitional justice contexts necessitates this approach, as it involves recognizing the intricacies involved in enforcing laws and implementing decisions while addressing the gaps in understanding masculinity. Further, it also addresses the unique challenges and barriers that women with intersecting identities face, including women with disabilities, women in rural communities, and women in the sexual minority community, who are often denied justice. The intersectional approach seeks to ensure that justice systems are inclusive, responsive, and capable of addressing the diverse needs and experiences of all women, so that no woman is left behind. For The Gambia, this will manifest as a gender-inclusive and survivor-centered approach.

2. Deconstructing Patriarchal Structures and Attitudes

   Evidently, the process of transitional justice aims to address past injustices and achieve closure. SGBV presents a multifaceted societal issue that originates from gender inequality and deeply ingrained patriarchal structures and attitudes that further hinder women's access to justice. In deconstructing an entrenched culture at the heart of society, it is crucial to challenge and unlearn the ways in which gender roles and social norms are constructed to maintain male dominance and control and the power dynamics that uphold patriarchy. This can serve as a transformative means to create a more equitable and just society.

   Additionally, the transitional justice process should be executed in a way that overcomes the societal and cultural obstacles that undermine women's meaningful engagement. This entails ensuring that transitional justice institutions consist of diverse members who accurately represent the cultural and social fabric of the society. Moreover, these institutions should adopt effective and well-planned consultation methodologies to facilitate the active participation of women in decisionmaking processes. By doing so, transitional justice efforts can address the unique needs and experiences of women and promote a more inclusive and equitable approach to justice and reconciliation.

3. Survivor-Centered Approach

   At the forefront of the transitional justice process should lie survivors' lived experiences, which are organically driven. A survivor-centered approach involves actively listening to survivors, respecting their autonomy and choices, and ensuring their meaningful participation in all aspects of their own recovery process. It should also provide comprehensive and holistic support tailored to survivors' individual circumstances. Prioritizing the needs and rights of survivors of SGBV in all aspects of the transitional justice process will enhance The Gambia's journey toward a just and inclusive future.

4. Strengthening the Legal Framework

   To strengthen the legal framework for women's pursuit of justice in The Gambia, it is crucial to revive the 2020 draft constitution, using a transparent and participatory approach that reflects the spirit of the country's transitional justice journey. The current 1997 constitution portrays a regime under Jammeh's dictatorship, where human rights were not adequately upheld. Therefore, reviving the 2020 draft constitution on the foundation of transparency is imperative, and offers an opportunity to rectify the deficiencies of the existing constitution and to establish a more inclusive and rights-based legal framework that embraces strides toward promoting gender equality, justice, and respect for women's rights.

   Moreover, it is necessary to reexamine other national laws, particularly those related to SGBV, to enhance access to justice. For example, there is a need for a revision of the 2013 Sexual Offences Act to ensure it adequately addresses the specific needs of women and corrects loopholes in implementation. This entails incorporating provisions that explicitly criminalize other forms of SGBV not recognized in the act, such as marital rape, and providing comprehensive protection and access to justice mechanisms for women in such cases.

   In relation to its international legal framework, The Gambia is encouraged to ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. This protocol establishes mechanisms for women and groups or organizations to submit complaints regarding violations of women's rights to an international body, enabling access to an additional avenue toward justice. Ratifying the protocol will not only demonstrate the state's commitment to promoting and protecting women's human rights but also strengthen accountability for the effective implementation of the right to access justice for women in The Gambia.

5. Leveraging on the Power of Civil Society

   Civil society actors play a crucial role in sustaining the transitional justice process and providing support to the community where the state is not present. They serve as valuable entities that bridge the gaps at the local level, helping and addressing needs that may otherwise go unmet. For example, in Uganda, where the transitional justice process has been ongoing for many years, the transitional justice agenda has been sustained by the advocacy efforts of civil society and international organizations despite the absence of sufficient political will from the government. In The Gambia, organizations such as the Gambia Center for Victims of Human Rights Violations, African Network against Extrajudicial Killings and Enforced Disappearances, Women in Liberation and Leadership, and Women's Association for Victims' Empowerment-all led predominantly by women-have made substantial contributions to the transitional justice process. Their role in advancing the cause of women's pursuit of justice is therefore critical.

6. Interim Support for Survivors

   As part of its final report submitted to the government in November 2021, the TRRC reported that interim reparation orders had been granted to survivors who have experienced severe violations and suffered significant impacts on their quality of life, including sufficient material support to meet their immediate emotional and material needs. However, between August and September 2023, two prominent women who had survived the Jammeh regime, Sukai Dahaba and Nogoi Njie, passed away after battling long-term health complications. Njie was a survivor of SGBV. Regrettably, both women died without receiving the justice they deserved.

   Although the TRRC's efforts represented an important step in addressing the needs of survivors, survivors' needs were not adequately addressed. Moreover, while commendable progress has been made in the government's plans to implement the TRRC's findings interim support, such as psychosocial support and medical care, to aid in survivors' healing and recovery should be a priority. This will encourage survivors' involvement and active participation in the transitional justice process.

7. Research and Data Collection

   It is evident that significant research and data collection has not been conducted on women's right to access justice in The Gambia's transition, particularly from a feminist perspective. This research will be critical in identifying gaps and monitoring progress on women's access to justice. The data can also inform evidence-based decisionmaking, policy formulation, and targeted interventions to address barriers and improve outcomes for women.

8. Reparations for Survivors

   The trauma imposed by SGBV far surpasses that associated with many other forms of crime. Consequently, reparations for survivors of SGBV must address the consequences of the human rights violations committed. This can be achieved mainly through restitution, compensation, and satisfaction. However, restitution is generally not considered a suitable form of reparation in this circumstance. Compensation, on the other hand, can play a significant role in assisting survivors, but it alone may not be sufficient. It would require symbolic and meaningful impact through rehabilitation to hold a greater significance for survivors.

   Ultimately, whatever form of reparation is considered should center on the voices and choices of those seeking justice. This approach will tailor reparation measures to survivors' unique needs and preferences.

An Urgent Call for a Feminist Approach to Transitional Justice

With each passing day, the echoes of past injustices experienced by women linger. The unaddressed past injustices significantly undermine Gambian women's pursuit of justice today. With every analysis conducted, it becomes increasingly evident that a feminist approach is not just beneficial-but imperative. This perspective provides a framework to dismantle patriarchal structures, challenge SGBV norms, and ensure that women's voices are heard and respected in the pursuit of justice.

Awa Gai is a Mandela Washington Fellow (non-resident) with the Africa Program at the Center for Strategic and International Studies (CSIS) in Washington, D.C.

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