The Gambian government has committed to investigating and prosecuting the disappearance and unlawful killing of former parliamentarian Mahawa Cham within one year, under a settlement adopted by the ECOWAS Court of Justice.

The commitment was made as the regional court adopted an amicable settlement between the government and eight members of Cham’s family as a Consent Judgment in a case over his disappearance and killing.

Under the agreement, the government must investigate and prosecute the case in line with its obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

The government has also pledged to ensure that proceedings against all alleged perpetrators are taken through to their final conclusion.

It has further agreed to exhume and surrender Mahawa Cham’s remains to his family and pay compensation at an amount already agreed by the parties and approved by the court.

The development follows findings by the Truth, Reconciliation and Reparations Commission, which concluded in its November 2021 report that Cham was unlawfully disappeared and killed.

The TRRC recommended the prosecution of the alleged perpetrators, recommendations later accepted by the government in its White Paper

The ECOWAS Court settlement also places wider obligations on the government to strengthen mechanisms for accountability and reparations for human rights violations committed between July 1994 and January 2017.

These include strengthening the Victims Reparations Commission and the National Human Rights Commission and improving their visibility and accessibility.

Cham’s family said his disappearance had caused years of hardship and expressed hope that the settlement would finally bring closure.

“The absence of our father has brought a lot of difficulties and hardship to our family,” said Lamin Cham, Mahawa Cham’s son.

He said compensation could not replace a life but could help address some of the difficulties suffered by the family.

The family also called on the government to take action against those responsible and hold them accountable.

IHRDA legal representative Awa Gai said the ECOWAS Court would continue to remain seized of the matter until the government fully implements the agreement.

She said full and timely implementation was now critical to ensuring that justice was delivered.

ANEKED Gambia Country Director Sirra Ndow described the settlement as a significant moment for the Cham family and other victims of gross human rights violations.

She urged the government to fast-track implementation of the TRRC recommendations and turn commitments on justice, reparations and accountability into concrete action.

The Institute for Human Rights and Development in Africa and ANEKED said they would continue monitoring implementation of the Consent Judgment and engage with relevant authorities to support the government in fulfilling its commitments.

By Adama Makasuba