[Banjul, The Gambia, 6 October 2026] – The ECOWAS Court of Justice has adopted as a Consent Judgment an amicable settlement reached between the Government of the Republic of The Gambia and eight family members of Mahawa Cham in the case of Binta Jarju, Isatou Fatty, Lamin Cham, Bakary Cham, Fatou Cham, Kaddy Cham, Omar Cham and Limam Cham v. The Republic of The Gambia, ECW/CCJ/APP/11/24.

The case, in which the Plaintiffs were represented by the Institute for Human Rights and Development in Africa (IHRDA) in partnership with the African Network against Extrajudicial Killings and Enforced Disappearance (ANEKED), concerns the disappearance and unlawful killing of Mahawa Cham, former Gambian parliamentarian. The Truth, Reconciliation and Reparations Commission (TRRC) concluded in its report of 25 November 2021 that Mahawa Cham was unlawfully disappeared and killed and recommended the prosecution of the alleged perpetrators. The Government of The Gambia accepted the TRRC’s recommendations in its White Paper: the official document outlining the Government’s position on the TRRC’s findings and recommendations

The amicable settlement, reached under Article 72 of the Rules of the ECOWAS Court, establishes a number of commitments by the Government aimed at securing accountability and reparations for the Plaintiffs and strengthening mechanisms for justice and accountability for human rights violations committed during the period from July 1994 to January 2017. Under the terms adopted by the Court, the Government of The Gambia has committed to investigate and prosecute the unlawful disappearance and killing of Mahawa Cham in accordance with its obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights within one year of the date of settlement.

The Government has also committed to compensating the Plaintiffs at a figure already agreed to by the parties and approved by the Court. As part of its commitment to implement its White Paper, the Government has further committed to exhume and surrender the mortal remains of Mahawa Cham to the Plaintiffs and to ensure that the case against all alleged perpetrators is prosecuted to its final conclusion.

The settlement also calls on the Government to strengthen transitional justice mechanisms, including the Victims Reparations Commission and the National Human Rights Commission, to increase their visibility and accessibility. It further commits the Government to strengthening existing measures, mechanisms and procedures for promoting accountability for human rights abuses and crimes committed between July 1994 and January 2017.

“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. We hope this settlement brings closure to our family, and gives hope to other families still waiting for justice. We also plead with the Government of The Gambia to take steps against the perpetrators and hold them accountable for their actions.” Lamin Cham, son of Mahawa Cham

“The adoption of the amicable settlement terms is not simply the conclusion of a legal proceeding. The ECOWAS Court remains seized of the matter until the Government of The Gambia fully implements the Agreement. Full and timely implementation is now critical to ensuring that justice is not only promised, but delivered,” said Awa Gai, Legal Representative from IHRDA.

“This is a significant moment for the Cham family and all victims and families of gross human rights violations. We urge the Gambian Government to build on this progress and fast-track the implementation of the TRRC recommendations and ensure that justice, reparations, accountability and guarantees of non-recurrence become realities for all victims of human rights violations.” Sirra Ndow, ANEKED Gambia Country Director.

IHRDA and ANEKED will continue to monitor the implementation of the Consent Judgment and engage with relevant authorities and institutions to support the full and timely implementation of the commitments undertaken by the Government of The Gambia.

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About IHRDA

The Institute for Human Rights and Development in Africa (IHRDA) works to strengthen the effectiveness of the African human rights system through strategic litigation, capacity building, and information sharing.

About ANEKED

The African Network against Extrajudicial Killings and Enforced Disappearances (ANEKED) is a women-led civil society organisation working to combat extrajudicial killings and enforced disappearances and to advance justice, accountability and reparations for victims and their families.

For more information contact:

Maimouna Jallow
Communication and Publications Manager, IHRDA
mjallow@ihrda.org
Tel: +226 331 7347 (Gambia)
+34 608 919 919 (WhatsApp only)

Sirra Ndow

Gambia Country Director, ANEKED

sirra.ndow@aneked.org
Tel: +220 83 373 77 66