BY BINNEH S MINTEH: Lieutenant Retired.
The Gambia, one of the smallest African nations is a finger like shape that is surrounded on all its side by Senegal except on the Atlantic coast. The tiny West African State is divided by “( Muslims 90%, Christians 9%, indigenous beliefs 1%), ethnicity between African 99% ((Mandinka 42%, Fula 18%, Wolof 16%, Jola 10%, Serahuli 9%, other 4%), non-African 1%, and economic activity characterized by Small-scale manufacturing activity, re-export trade and tourism.
In analyzing the politics and the dynamics of human rights abuses of the country, it is not only important to examine the political history, but also the forces and underlying factors that laid ground for the worst forms of crimes against humanity committed during the political evolution of the tiny West African nation. The traditional ex-British colony attained independence in 1965 and enjoyed a stable multi-party politics until 1981 when communist Gambian dissidents attempted to overthrow the government. This has led to the deaths of thousands of Gambian citizens following widespread looting and intervention of Senegalese forces that restored the deposed President. Containment of the 1981 rebellion was shortly followed by a confederation that was signed between the two nations.
A few years later relations between the two nations soured and the confederation ended unceremoniously with both governments deciding to paddle their own respective boats.
Historically the Gambia and Senegal are people of the same origin, culture, religion, ethnicity, language and generally maintain a strong bond of solidarity, mutual respect with an unfettered care for one another. In spite of the political tension that ended the confederation the notion of one people in two countries continue to spread like wild fire and until today Gambia and Senegal shall remain inseparable due to such fundamental bonds.
Following a wide spread international support, sound micro and macro economic policies coupled with a free and open -market oriented economic system, the Gambia maintained a stable governance and economic growth until July 22nd 1994 when a Military Junta led by Lieutenant Yaya Jammeh unconstitutionally overthrew the democratically elected government of the Gambian people. This was when everything has changed for the Gambia, her people, and the tiny West African nation began to witness some of the worst forms of governance and human rights abuses in her history. Well- publicized notions of accountability, probity, transparency; anti-corruption rhetoric’s and the promise of restoring constitutionality were overshadowed by dubious intentions of scuffling democracy and respect for the rule of law. The battle between the voices of dissent and the power hungry demagogues began taking the forefront of Gambian affairs.
Massive arresting and torture of deposed government officials, senior military and security officers with prominent Gambian politicians and ordinary citizens was the order of the day. In some cases disappearance’s and detentions incommunicado became prevalent and the main central prisons of Mile II witnessed some of the worst forms of torture in the country’s political history. A large scale movement of civilians from military locations and other unknown locations was widespread and many went missing. A kangaroo commission geared towards confiscating property and other valuables from citizens was not hidden and all was formulated in the name of fighting corruption and a propaganda of promoting the slogan “Soldiers with a difference” which to no ones surprised disappeared in thin air. The wide spread torture, disappearances, and detentions incommunicado could be argued to be the first gross violations of international human rights. It could be recalled that the likes of the late Ousainou Njie and Abou Denton and many others died as a result of the trauma of those horrific events. (May their Soul rest in perfect and eternal peace).
Amidst a state of paranoia and discontentment within the ranks of the armed forces, the Military Junta embarked on extra-judicial killings when on November 11th 1994 over eight commissioned military officers were executed together with a number of non-commissioned officers. Widely announced and publicized as a foiled coup against the ruling Armed Forces Provisional ruling council, many are still unable to connect the dots. The questions: Why did the Junta proceed with extra-judicial killings? Why was there not a trial? begun to raise the heated debate of our times. Under the principles of international law, there was no justification for the actions of the Junta. The notion of self-defense and a declaration of war could be dismissed in any court of law as a justification for their actions.
In a broad sense the wide spread torture, disappearances, detentions incommunicado and the extra-judicial killings of November 11th 1994 were both Crimes against humanity and Violations of Article 3 common to the Geneva Conventions and of Additional Protocol II. These violations include the following:
- Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;
- Collective punishments;
- Taking of hostages;
- Acts of terrorism;
- Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
- Pillage;
- The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples;
- Threats to commit any of the foregoing acts.
It could therefore become an international legal consensus that members of the Military Junta of the 1994 military coup in the Gambia could be held fully accountable for Crimes against humanity and breeches of Article 3 common to the Geneva Conventions and of Additional Protocol II. This backbone was laid in the
Nuremberg and Tokyo trials after the World War II and it is today strengthened in the Statues of the International Criminal Tribunals for Yugoslavia, the Statue of the International Criminal Tribunal for Rwanda and the Statue of the Special Court for Sierra-Leone.
NB
In our next articles we will analyze April 10th and 11th 2001 student massacre, the murder of former Finance minister Ousman Koro Ceesay, the murder of Almamo Manneh, the murder of Corporal Dumbuya, fire bombings of FM Radio, the arson attacks on media houses and media practitioners, the brutal murder of Journalist Deyda Hydara and many more.