The study builds on the African Union Transitional Justice Policy's provisions for community participation and acknowledgement of both formal, state-run measures and non-formal, civil society-led measures as transitional justice. The findings show that meaningful participation requires four main commitments on the part of multilateral, state and civil society actors: 1) mainstreaming, 2) localisation, 3) decentralisation, and 4) recognition of non-formal measures. Participatory transitional justice results in more inclusive, contextualised and effective processes, with broad-based buy-in for sustainable outcomes.

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The study finds that while the TRRC sought to ensure broad-based participation and to gather evidence from a range of victims/survivors and perpetrators, it fell short in areas like sexual and gender-based violence. The sensitive nature of such crimes in the context of existing socio-cultural norms and practices hindered victims/survivors from approaching the commission. Additionally, the TRRC struggled to reach communities where Jammeh has strong support, with the commission being construed as part of a political agenda. Non-formal measures, run by civil society, filled some of the TRRC's gaps and contributed to wider participation of citizens in the process.

To promote more meaningful participation in and across both formal and non-formal measures, we provide actionable recommendations for state actors, particularly state representatives on the Steering Committee leading the TRRC recommendations implementation process and the Ministry of Justice and other government ministries and agencies supporting implementation efforts. We also provide recommendations for multilateral actors supporting transitional justice in The Gambia, including international and regional organizations such as the African Union and the United Nations, state donor bodies, private foundations, and international nongovernmental organizations.

For more information and publications on mainstreaming popular participation in transitional justice, click here.

This policy brief is written for the Steering Committee leading the implementation process and for the Ministry of Justice and other government ministries and agencies supporting implementation efforts. The brief provides actionable guidance on how to ensure post-TRRC transitional justice measures – including reparations, justice and accountability, and institutional reforms – are inclusive and participatory.

In line with the African Union Transitional Justice Policy, the brief emphasizes the value of both formal, state-run measures and non-formal, civil society-led measures, especially in combination. It is based on lessons from the TRRC's efforts to promote participation, as well as those of non-formal measures like the Listening Circles created by Women in Liberation and Leadership.

For more information and publications on mainstreaming popular participation in transitional justice, click here.

This policy brief outlines how the AUTJP provides for participation, explains the value of participation, and identifies key challenges, before providing actionable recommendations for the African Union and its member states on partnering with a wide range of stakeholders to enhance popular participation. By doing so, the AU and member states can ensure that transitional justice is a transformative tool for sustainable peace, reconciliation and good governance at the regional and national levels in Africa.

This policy brief is also available in عربي and français.

For more information and publications on mainstreaming popular participation in transitional justice, click here.

Cette note d'information explique comment la PJTUA prévoit la participation, explique la valeur de la participation et identifie les principaux défis, avant de fournir des recommandations pratiques à l'Union africaine et à ses États membres sur le partenariat avec un large éventail de parties prenantes pour renforcer la participation populaire. Ce faisant, l'Union africaine et les États membres peuvent s'assurer que la justice transitionnelle est un outil de transformation pour une paix durable, la réconciliation et la bonne gouvernance aux niveaux régional et national en Afrique.