Gambiaj.com – (BANJUL) – The Gambia is pushing forward with the establishment of a special tribunal in collaboration with the Economic Community of West African States (ECOWAS), despite a recent rejection of the statute by the ECOWAS Parliament. This tribunal aims to address serious crimes committed under the dictatorship of Yahya Jammeh, and promote justice within the ongoing transitional justice program.
The rejection by the ECOWAS Parliament has raised concerns, but it is essential to note that their “decision is non-binding and purely advisory“, according to the solicitor general and Legal Secretary at the Gambia’s Ministry of Justice, Hussein Thomasi. “The final decision on the establishment of the special tribunal rests solely with the authority of the heads of state and government within ECOWAS,” he said on Monday at a press conference.
Hussein Thomasi, however, emphasized the importance of having the statute endorsed by ECOWAS parliamentarians, stating that it is crucial for them to be adequately briefed on the statute. “It is imperative that parliamentarians are carried along to ensure broader consensus on the establishment of the special tribunal,” he said.
The process has reached a critical juncture where further political dialogue and consultations with member states are necessary.
While the ECOWAS Parliament’s role is advisory, the expert committee of ECOWAS and the justice ministers of member states have already endorsed the statute. This endorsement underscores the technical and legal viability of the proposed tribunal.
The next steps involve intensifying political efforts to gain the necessary approvals from member states.
In that regard, the Sollictor General Legal Secretary acknowledged the need for more work to be done. “The experts have done their work. Now it’s time for us to engage in the political process, dialogue, and further consultations to have the statute approved,” he added, while underscoring this complex political landscape.
What’s Next as Request for ECOWAS Aid Suffers Procedural Delays and Awaits Nod?
Although the Gambia’s leadership is committed to working with ECOWAS to ensure that justice and accountability are upheld in the country, the fact remains that the request for cooperation from the Economic Community of West African States (ECOWAS) is currently in a procedural limbo.
The Mediation and Security Council, a body composed of honorable ministers and ambassadors from ECOWAS member states, initially considered the request on July 3rd. However, the decision was deferred to the next meeting of the authority of heads of state and government.
While some people misunderstood the deferment as a rejection or indefinite postponement, in reality, the request is still under consideration and is expected to be addressed at the ambassadorial meeting, which may be convened as early as August, well before the scheduled December meeting.
The ambassadorial meeting will involve detailed deliberations by the Mediation and Security Council, which includes ministers of foreign affairs and defense from the member states. Their discussions and recommendations will then be forwarded to the authorities of heads of state and government for final approval.
The procedural hitch that caused the delay has been acknowledged by the Gambia government, and according to the Sollitor General and Legal Secretary, Hussein Thomasi, efforts are underway to ensure the request is reviewed promptly.
The Gambia remains optimistic that its request for ECOWAS cooperation will receive the necessary attention and approval in the upcoming meetings.
