ECOWAS Court Adopts Settlement in Mahawa Cham Killing Case

Written by: Seringe S.T. Touray

The ECOWAS Court of Justice has adopted a settlement between the Gambian government and eight members of the family of former parliamentarian Mahawa Cham, setting out commitments for prosecution, compensation and the recovery of his remains.

Cham disappeared during former President Yahya Jammeh’s rule. The Truth, Reconciliation and Reparations Commission (TRRC) concluded in its 2021 report that he was unlawfully disappeared and killed and recommended the prosecution of the alleged perpetrators. The government subsequently accepted the recommendation.

Under the settlement, the government has committed to investigate and prosecute Cham’s disappearance and killing within one year. It must also compensate eight members of his family at an amount already agreed by the parties and approved by the court.

The agreement further requires the government to exhume and surrender Cham’s remains to his family and ensure that the case against all alleged perpetrators is prosecuted to its final conclusion.

Cham’s son, Lamin Cham, welcomed the development but stressed the impact his father’s disappearance has had on the family.

“The absence of our father has brought a lot of difficulties and hardship to our family. Nobody can pay for a soul, but reparation can go a long way towards addressing some of the major hardships we have faced,” he said.

“We hope this settlement brings closure to our family, and gives hope to other families still waiting for justice.”

The family was represented by the Institute for Human Rights and Development in Africa (IHRDA), in partnership with the African Network against Extrajudicial Killings and Enforced Disappearances (ANEKED).

IHRDA legal representative Awa Gai said the ECOWAS Court will remain involved until the government fulfils the agreement, adding that “full and timely implementation is now critical to ensuring that justice is not only promised, but delivered.”

The settlement also commits the government to strengthening mechanisms dealing with justice, accountability and reparations for human rights violations committed between July 1994 and January 2017.