On October 26, former dictator Yaya Jammeh announced his intention to return to The Gambia in November 2025. Two days later, the government responded with a press release stating that Jammeh, as a Gambian, has a right to return home. The government also reiterated that he would face prosecution for human rights violations, as recommended by the Truth, Reconciliation and Reparations Commission (TRRC). This response, while acknowledging Jammeh’s inalienable right to return, does not provide substantial details on how his arrival will be managed.
While we note that several times Jammeh had vowed to return home, this is the first time he provided a clearer indication as to when followed by an official notification to the government to that effect. Since the announcement, EFSCRJ has not noticed any further public announcement or official preparation as to how the government would handle the return of Jammeh. We hold that there is indeed an urgent need for an official mechanism to be put in place to handle the eventual return of the former autocratic ruler, now or later.
In this regard, EFSCRJ calls for the creation of a Presidential Committee on the Return of Yaya Jammeh. We consider this committee as a proactive and pragmatic approach to dealing with a matter that is inevitable. This approach is a peacebuilding and conflict prevention mechanism that would effectively facilitate the smooth and peaceful return of the former dictator and subsequently ensure that he faces justice and accountability.
Background
The TRRC was established in 2017 following the end of Yaya Jammeh’s 22-year authoritarian rule. The TRRC documented widespread and systematic human rights violations under his regime, including extrajudicial killings, enforced disappearances, torture, sexual and gender-based violence, wrongful detentions, and other crimes.
In its final report, the Commission recommended the prosecution of Jammeh and accomplices which the government accepted in its White Paper. Since then, necessary legal frameworks have been put in place to facilitate the process in which the establishment of a special tribunal for that purpose is far advanced.
The Need for a Proactive Government Response
Jammeh’s impending return is significant because he was a former and the most consequential head of state accused of committing gross human rights violations for which he was recommended for prosecution. It is inevitable that Jammeh will face justice in The Gambia, whether under the current administration or a future one. Given this context and the divisive and threatening influence of Jammeh himself, the responsible course of action is for the government to adopt a proactive and pragmatic approach to handling his return.
In the interest of justice, peace and stability, and considering the concerns of his victims as well as his supporters and the rest of the population, it is prudent for the government to establish an effective mechanism to properly receive Jammeh should he arrive at any time.
Establishing a Presidential Committee
EFSCRJ notes the complexities of surrounding Yaya Jammeh himself and his return, hence a dedicated president committee is necessary to put in place all necessary modalities to ensure a peaceful return. The necessary modalities that this body would be responsible for preparing and implementing include but not limited to:
• Determining whether Jammeh will be arrested at the airport or allowed to return home
• Identifying the authority responsible for his arrest.
• Clarifying where he will be detained.
• Ensuring compliance with constitutional requirements, such as the 72-hour detention limit.
• If allowed to return home, determining which home given that all his properties are under state custody.
• Deciding whether he will be released on bail or unconditionally.
• Outlining the conditions under which Jammeh will reside in the country, since the special tribunal is yet to be established.
• Determining the process of invoking Section 69(3)(b) of the 1997 Constitution to remove immunity from prosecution for Yaya Jammeh as a former president.
The members of this committee should include victims, civil society representatives and the National Human Rights Commission to ensure inclusion, legitimacy, and credibility.
International Engagement and Collaboration
In addition to domestic preparations, the government should update international organizations such as the African Union (AU), the Economic Community of West African States (ECOWAS), and the United Nations (UN), and seeking assistance if necessary. Furthermore, active engagement with the government of Equatorial Guinea is vital to understand Malabo’s perspective on Jammeh’s departure and to explore potential avenues for collaboration between the two countries.
National Communication and Peacebuilding
Once these measures are in place, it is essential for the president to address the nation, informing citizens about the preparations and mechanisms established to receive Jammeh. Such a national address is crucial for peacebuilding and conflict prevention, especially considering the rights and interests of victims of Jammeh’s regime. The fears and concerns of the broader population must be addressed, as well as the expectations of Jammeh’s supporters.
The government also needs to inform Jammeh himself about the process he will face upon arrival.
Conclusion
The issue of Yaya Jammeh is a contentious matter which the government should not allow to descend into further chaos should he appear at the airport anytime. Leadership and responsibility require that the government is a step ahead and fully prepared. A presidential committee demonstrates preparedness and the ability to contain any potential backlash that could arise from Jammeh’s impending return.
2025 – The Year of Transparency and Accountability
