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8 min read Reparations

Understanding The Gambia’s Reparations Framework

Explain the Victims Reparations Act, the Reparations Fund, the Commission's mandate and the respective responsibilities of the relevant institutions.

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Post-TRRC Unit

Legal & Institutional Team · Ministry of Justice

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Legal analysis and documentation review on the Victims Reparations Act 2023
Photo: Ministry of Justice / State Law Library, Banjul

Statutory Foundation of the 2023 Act

Enacted by the National Assembly in 2023, the Victims Reparations Act establishes the definitive institutional and financial framework governing redress for gross human rights violations committed between July 1994 and January 2017.

The Act is deliberately designed to protect reparations from political discretion, creating an independent statutory framework that defines eligibility criteria, procedural standards, and the operational duties of administering bodies.

“A statutory framework ensures that reparations are delivered as legal rights rather than executive discretionary benefits.”
Statutory Foundation of the 2023 Act
Reparations Archive · Ministry of Justice

The mandate and functions of the Victims Reparations Commission

The Victims Reparations Commission is the central autonomous body responsible for receiving, investigating, verifying, and determining individual and collective reparations applications across all regions.

Its statutory responsibilities encompass formulating transparent guidelines for monetary compensation, establishing criteria for urgency, and securing non-monetary interventions including continuous medical treatment and psychiatric rehabilitation.

The mandate and functions of the Victims Reparations Commission
Reparations Archive · Ministry of Justice

Financing the Reparations Fund

Redress cannot exist without sustainable, safeguarded financing. The Act creates the Reparations Fund to receive direct national budgetary allocations, recovered illicit assets, and international partner contributions.

To preserve public and victim trust, the Fund is subject to independent statutory auditing, strict ring-fencing, and mandatory annual reporting before the National Assembly.

Financing the Reparations Fund
Reparations Archive · Ministry of Justice

Distinguishing Commission administration from PTU coordination

Clear demarcation of responsibilities is critical for transparency. The Victims Reparations Commission independently administers claims, verifies victim status, and disburses remedies.

In contrast, the Post-TRRC Unit (PTU) acts as the cross-governmental coordination entity, tracking macro implementation milestones across all 263 White Paper recommendations without exercising adjudicative powers over individual claims.

Tags: #Victims Reparations Act 2023 #Reparations Fund #Victims Reparations Commission #Statutory Mandate