extrajudicial killings

• Joint statement on Human rights crisis in West Papua, Indonesia

  Statement at the 49th Session of the UN Human Rights Council

• KENYA: ‘Holding police officers accountable for killings in a court of law will be the main deterrent’

  CIVICUS speaks about police brutality in Kenya with Joseph Kariuki, Communications and Media Lead of International Justice Mission and editor of the Missing Voices project. Missing Voices Kenya is an initiative of a group of civil society organisations (CSOs) aimed at filling the evidence gap regarding police brutality, extrajudicial killings and enforced disappearances. It layers victims’ testimony with consolidated quantitative data and tracks processes to hold those responsible legally accountable.

  What is Missing Voices Kenya trying to do?

  Missing Voices was launched in August 2018, by a coalition of partners working on police reform. The main aim of the project was to produce a database of police killings and enforced disappearances in Kenya. This was critical since efforts by most CSOs to share their individual statistics proved untenable because of the different numbers each organisation had. This created confusion and gave the government a window to deny what seemed to be a systematic trend of extrajudicial killings.

  Our production of verified data was in itself a big success, considering the efforts put into denying this reality. Missing Voices has so far released two annual reports, in 2019 and 2020, and has held campaigns both online and offline to advocate for the end of extrajudicial executions and enforced disappearances in Kenya.

  Our website is meant to showcase victims’ stories and provide a platform for their families to agitate for justice. Every confirmed story is published on our website, including the name and photograph of the victim, along with any information that can help resolve their murder or discover someone’s whereabouts in case they are missing and still alive. We have seen cases being reopened right after they were published on our platform.

  In what ways has the COVID-19 pandemic and the enforced curfew worsened human rights in Kenya?

  The Missing Voices Kenya report ‘The Brutal Pandemic’ documented 157 cases of police killings and an additional 10 cases of enforced disappearances during 2020. Not all the cases were the result of COVID-19 containment measures, but some – around 23 – were the direct result of these.

  The measures put in place increased the prevalence of police brutality, which has been a systemic issue in Kenya for years. Most families, especially those living in poor neighbourhoods, bore the brunt of the measures after police officers were given orders to use force if necessary to ensure the 7pm curfew was enforced. Most families were caught unawares after public transport vehicles were ordered to carry half their maximum load, which meant there was a shortage of transport to get back home before the curfew.

  Why is police brutality targeted at young people in informal settlements, and what can be done about this?

  The fact that young people in poor neighbourhoods are the primary targets of police brutality can at least partly be explained by the high crime rates in such areas and the police strategy of using force to fight crime. This has worsened by the trend of arbitrary arrests of young men leaving their workplaces for home late at night. In informal settlements there seems to be a permanent curfew in place, since well before the pandemic.

  There are police squads that move around in unmarked cars arresting young men, many of whom have been killed. This has led to distrust between the public and the police. Lack of trust has hampered efforts to fight crime, because police depend heavily on the public for tips on criminal activity and perpetrators.

  This bad blood can be prevented if police officers stop looking at young men as suspects of crime and start moving around in marked cars. Poverty is still the leading cause of conflict between police and the public, so the government should put in place measures to empower and improve the opportunities for young people. And above all, the main deterrent will be if police officers are held accountable for killings in a court of law.

  What challenges has Missing Voices Kenya faced in ensuring accountability?

  The biggest challenge has taken the form of threats to victims or their families, which has deterred many from following up on their cases in court. Cases of police killings take a long time to investigate and even longer to process through the judicial system, which often leads to discouragement and apathy in the community.

  In response to this, in June 2021 the Missing Voices coalition ran a campaign on delayed justice, which highlighted cases that had taken a very long time to resolve but had eventually resulted in justice being served.

  Have there been other citizen responses to police brutality?

  A number of protests have been held against police brutality and we have also organised public dialogues in which we have shared the statistics we have collected and urged for an end to the violence. Our Brutal Pandemic report was handed to the Senate and another report was released in November 2021 making a number of recommendations. During the pandemic, our campaigns forced the government to condemn police brutality. It must be noted that before this the government had denied anything was wrong, so this kind of acknowledgment is a welcome first step.

  How can international civil society best support Kenyan civil society efforts to bring an end to these human rights abuses?

  More advocacy is needed for the government to accept that police brutality, enforced disappearances and extrajudicial killings are systemic issues that need addressing. There is a need to empower local justice centres and survivor groups so that people can count on safe spaces and are enabled to speak up more about these issues. And there is need for bigger capacity to take witnesses into the witness protection programme, without which we are unlikely to make much additional progress.

  Civic space in Kenya is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Missing Voices through itswebsite or itsFacebook page, and follow@MissingVoicesKE and@kariukimwangi on Twitter.

• LIBERIA: ‘Anyone who committed crimes during the civil wars should be prosecuted, wherever they are’

  

  CIVICUS speaks about the current war crime trial against former Liberian rebel commander Kunti Kamara with Adama Dempster, Secretary General of Civil Society Human Rights Advocacy Platform of Liberia.

  Civil Society Human Rights Advocacy Platform of Liberia is a civil society network that brings together human rights civil society organisations (CSOs) across Liberia to advocate for human rights and bring justice and redress to the victims of human rights violations.

  What is the significance of the ongoing trial of Kunti Kamara?

  Kuinti Kamara’s trial is significant because it offers hope to the victims and survivors of Liberia’s civil wars, and especially to the direct victims of the atrocities he committed. It is also an indication that no one is above the law regardless of the position of power they occupy.

  Kamara is the former commander of the United Liberation Movement of Liberia for Democracy. a rebel group active in the early 1990s. He stands accused of imposing a state of terror on the population of Lofa, a county in north-western Liberia, during the first civil war from 1989 to 1996, which left a quarter million people dead.

  Widespread atrocities – unspeakable crimes – were committed in Liberia. Kamara is charged with crimes against humanity, torture and acts of barbarism. He appears to have been involved or complicit with the forced recruitment of child soldiers, gang rapes, sexual slavery, looting, extrajudicial executions and even cannibalism. Nobody who commits such crimes should be able to avoid judgment.

  Kamara is among the second group of people to be prosecuted for their role in the civil wars. His trial has recently begun at a French Court of Appeals in Paris, where he is being prosecuted under the legal principle of universal jurisdiction, according to which crimes against humanity know no borders.

  This means that no matter where the perpetrators find themselves, whether in the country where they committed their crimes or anywhere else, they can still be held accountable, and justice can be served. CSOs on the ground have had the opportunity to speak in trials involving Liberians abroad and victims and survivors have had their say. The international community is helping us seek justice by bringing the accused to trial. That makes it unique and important to the quest for justice in Liberia. 

  How does civil society in general, and your organisation in particular, work for justice and accountability?

  Since the civil wars ended in Liberia in 2003, civil society has played a leading role in seeking justice by investigating and documenting human rights abuses committed during the time of the conflict, advocating against the culture of impunity and helping victims, including by raising their voices.

  To live in an environment that recognises human rights, we must first deal with unaddressed human rights violations that happened in the past. While we advocate for improving the current human rights situation, we also advocate for past human rights violations to be addressed so we can move forward.

  Civil Society Human Rights Advocacy Platform of Liberia is a coalition of human rights CSOs. Along with the Global Justice Resource Project, a global digital platform that connects local CSOs seeking justice around the world, we document war-related atrocities committed in Liberia and work to make sure those responsible are prosecuted.

  We understand that our society is still traumatised by the civil war, so we work to create awareness, educate and sensitise local communities on human rights issues. We train local human rights community-based CSOs across Liberia so they can also carry out advocacy work and help victims and survivors.

  Advocacy is one of the strong elements of our work, which we use to shift the understanding of human rights issues at the national and regional levels so violations can be addressed. Our advocacy involves engaging with stakeholders from relevant institutions, the government and the international community. We specifically work with foreign governments so that any individual who committed crimes in Liberia during the civil wars can be prosecuted regardless of where they are in the world. Diaspora advocacy is also part of our work.

  Over the years we have engaged in the follow up of the recommendations of the Liberian Truth and Reconciliation Commission (TRC), issued in 2009 and not yet implemented. We also conduct workshops with university students so they can learn about the importance of the TRC’s recommendations and measures the government should adopt to implement them.

  We have had the opportunity to engage with the United Nations (UN) Human Rights Council’s Universal Periodic Review process by submitting a shadow report on the human rights situation in Liberia, and with the UN Human Rights Committee, where we participated in the review of the implementation of the TRC’s report.

  Have you faced any challenges in the course of your work?

  We have faced several challenges in doing our work. As human rights defenders we face continuous risk and are threatened by the very fact that we live among the people who committed the unspeakable crimes we work to bring justice over.

  We have been placed under surveillance, followed and monitored by various groups that feel targeted by our work. People working on war crime cases have been threatened directly or indirectly through text messages and on social media. There is no law or policy to protect human rights defenders in Liberia. But because we want to see human rights recognised and respected, we continue to take the risk and carry on our work regardless of the threats.

  Following up on the recommendations of the TRC report for more than a decade has also been challenging due to lack of political will and technical and funding support for advocacy around their implementation. Most organisations involved urgently need technical capacity to be able to continue their work. 

  What are the chances that Kamara’s trial will bring justice?

  The Kamara trial has given Liberians hope that when crimes are committed, there is a possibility of justice being done. The fact that charges were brought and Kamara was put on trial made us believe justice will be served. It is also an opportunity for the accused to prove his innocence.

  The trial also made us more hopeful that the Liberian government will realise it must urgently implement a mechanism capable of bringing justice in the country. We understand this might take time due to lack of resources and capacity, but a plan should be put in place towards that end. Kamara’s trial highlights the importance of establishing a mechanism in Liberia so that other people who stand accused can be brought to justice and victims and survivors can receive justice no matter the time or place.

  The recent visit to Liberia by the US Ambassador-at-Large for Global Criminal Justice, Beth Van Schaack, was a strong signal of support for our efforts to bring accountability and has given us a sense of hope and of being on the right path to challenging the culture of impunity.

  What kind of support does Liberian civil society need from the international community?

  We need the international community to encourage our government to live up to its responsibility to bring accountability and justice to its citizens when their human rights are violated. Our government has not shown the required political will so far, but we believe pressure from the international community will make it see the urgent need to hold perpetrators of war crimes accountable. The government should request support from the international community, including technical and financial support to establish a court to that end.

  Funding is also needed to set up programmes to support victims and survivors. Most people who were sexually exploited during the wars have not even had the opportunity to seek medical help. So we also need the international community to help us put together and fund programmes bringing trauma counselling for victims, survivors and their families.

  Read more here.

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  Civic space in Liberiais rated‘obstructed’by theCIVICUS Monitor.

  Get in touch with the Civil Society Human Rights Advocacy Platform of Liberia through itsFacebook page.

• PHILIPPINES: ‘Increased US military aid will worsen the already dire human rights situation’

  CIVICUS discusses the human rights impacts of US aid to the Philippines with Cristina Palabay, Secretary General of Karapatan.Founded in 1995, Karapatan isa coalition of civil society activists and organisations working to promote and protect human rights in the Philippines.

  The USA recently pledged US$500 million in military aid to the Philippines amid tensions with China. This could bolster the authoritarian government of President Ferdinand Marcos Jr, already responsible for extrajudicial killings, disappearances and aerial bombing and artillery attacks on civilian areas on the basis that they’re suspected of supporting armed revolutionary movements. The additional aid, along with a proposed 51 per cent increase in the Philippines’ defence budget for 2025, heightens concerns about corruption and rights abuses.

  What’s behind growing tensions between the Philippines and China, and how is the USA involved?

  Growing tensions between the Philippines and China stem from territorial disputes in the West Philippine Sea, particularly over the Kalayaan archipelago and Bajo de Masinloc (Scarborough Shoal). These disputes were exacerbated by the implementation of the 1994 United Nations Convention on the Law of the Sea, which grants rights to a 200-nautical mile exclusive economic zone (EEZ) and continental shelf, including the right to explore and exploit fisheries, petroleum and other marine resources.

  On the surface, this is about the Chinese Coast Guard preventing Filipino fishermen from accessing the EEZ or confronting the Philippine Coast Guard. Behind the scenes, however, are increasing provocations by the USA as part of its broader geopolitical and military strategy in Asia. The USA seeks to maintain its influence in the region to counterbalance China’s expanding economic reach both in Asia and globally.

  As well as asserting its navigational rights within the EEZ in 2023 and 2024, the USA conducted numerous joint military exercises with the Armed Forces of the Philippines aimed at countering Chinese aggression in the disputed waters. Instead of easing tensions, this is exacerbating them. These provocations threaten to overshadow legitimate claims and could undermine efforts to resolve maritime disputes between the Philippines and China peacefully.

  Has the relationship between the Philippines and the USA changed since Ferdinand Marcos Jrbecame president?

  There has been no significant change beyond the absence of the crass and offensive rhetoric associated with former President Rodrigo Duterte. The Philippines’ dependence has allowed the USA to maintain its presence and influence in the country’s national defence and security affairs, serving its economic and political interests.

  The USA-Philippines 1951 Mutual Defence Treaty and the 1998 Visiting Forces Agreement are longstanding but one-sided agreements that have allowed the USA to maintain a military presence in the Philippines, despite having closed its bases in 1991 following public protests. The presence of US troops was further expanded by the 2014 Enhanced Defence Cooperation Agreement. Other additional bilateral defence agreements with NATO allies such as France, Germany and Japan have also bolstered the USA’s strategic position in the region.

  The US position could become more aggressive if Donald Trump returns to office. This could further escalate tensions in the region, particularly over the West Philippine Sea dispute. This in turn could lead to increased US military intervention in the Philippines through existing agreements and so-called military assistance.

  What is US military aid being used for, and how does it affect human rights?

  On 30 July 2024, following a meeting between US Secretary of State Antony Blinken, US Secretary of Defence Secretary Lloyd Austin and Philippines’ government officials, the US government announced a US$500 million foreign military financing package for the Philippines to reinforce ‘cooperation’ on the West Philippine Sea disputes.

  Since 2019, the Philippines has been the largest recipient of US military and security aid, with US$273.2 million provided over the past five years. US military aid has historically been used to support the country’s military operations, including the provision of hardware, financial assistance for acquiring military equipment and technical advisory services. In practice, however, this aid has often been used to suppress political dissent and social movements in the Philippines. The funds have been used to support air, naval and ground military operations that have resulted in bombings, detentions, enforced disappearances, extrajudicial killings, illegal arrests and other serious violations of human rights and international humanitarian law.

  The new US military aid comes on top of a proposed 51 per cent increase in the national defence budget for 2025, which includes a six per cent increase for the Armed Forces, a four per cent increase for the Philippine National Police, approximately US$104.4 million for the National Task Force to End Local Communist Armed Conflict and US$95.4 million for the Payapa at Masaganang Pamayanan Programme, a counter-insurgency initiative for conflict-prone areas.

  We believe that the so-called aid and overall increase in security and military budgets indicate a shift towards warmongering that will worsen the Philippines’ already dire human rights situation. The government is prioritising its military efforts over people’s urgent economic and social needs, even though people are struggling with rising prices, inadequate social services and lack of decent work.

  How has the state of civic space evolved in recent years?

  Civic space in the Philippines has narrowed significantly, with fundamental rights such as freedoms of association, expression and peaceful assembly under constant threat. Counter-terrorism laws, such as the 2020 Anti-Terrorism Act and the 2012 Terrorism Financing Prevention and Suppression Act, have further restricted humanitarian work and civil liberties. These laws were meant to target terrorism but are being used to stifle political dissent and silence civil society.

  Instead of protecting rights, the anti-terrorism laws are being used to violate them, with activists falsely accused of being involved in violent conflict. So far, 37 petitions have been filed challenging the constitutionality of these laws, but the Supreme Court has largely upheld them.

  To date, Karapatan has documented that at least 112 human rights defenders face criminal charges under these laws, 32 of whom are currently detained after being arbitrarily labelled as terrorists. Those arbitrarily designated as terrorists include peace consultants, Indigenous rights defenders and a community health worker.

  Despite these challenges, civil society and social movements continue to resist. Our strategies include mass campaigns such as #DefendTheDefenders, which aims to educate people about fundamental rights and freedoms and denounce their erosion through the weaponisation of terror laws. We’ve also built local networks to support human rights defenders and mobilised international solidarity to amplify their voices, highlight the realities on the ground and counter the official narrative that falsely claims human rights have improved under the current government.

  Civic space in the Philippines is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Karapatan through itswebsite orFacebook page, and follow@karapatan on Twitter. Connect with Cristina onFacebook orTwitter.

• Philippines: UN accountability mechanism needed to end cycle of violence and impunity

  Statement at the 46 Session of the UN Human Rights Council

  Item 10: General Debate on technical cooperation and capacity building

  Oral statement delivered by Cecile Gaa, Forum Asia

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  Madam President,

  Nearly six months since its adoption, Human Rights Council resolution 45/33 offering technical assistance to the Philippines has proven to be utterly insufficient to address the systematic human rights violations and persistent impunity documented in the High Commissioner’s report. The Philippine Government’s policies and actions since the Resolution’s adoption have been completely at odds with the commitments outlined in it.

  Extrajudicial killings in the so-called ‘war on drugs’ have continued. To date, the Government has made no tangible progress towards accountability against those most responsible for such killings. In December 2020, the Office of the Prosecutor of the ICC found that there is “reasonable basis to believe that the crimes against humanity” of murder, torture, the infliction of serious physical injury and mental harm, and other inhumane acts were committed between at least 1 July 2016 and 16 March 2019.

  Human rights defenders pursuing legitimate work, especially those who advocate for international accountability, including lawyers, continue to be attacked and accused of belonging to terrorist groups. Rights defenders continue to be arrested and jailed. The draconian Anti-terrorism Act, passed last year, exacerbates risks to defenders. The killing of nine human rights defenders and activists on 7 March, two days after President Duterte ordered the police and military to “finish off” and “kill” those purported to be “communist rebels”, illustrates clearly the persistent killings and attacks faced by activists and defenders. It is very clear that no amount of technical assistance or capacity building will end the killings as the President and top government officials continue to incite murder and violence as official policy.

  In this context, it is imperative that the Council set up an international accountability mechanism to end the cycle of violence and impunity in the Philippines.

  Thank you.

  Endorsed by:

  • Amnesty International
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • CIVICUS: World Alliance for Citizen Participation
  • Human Rigths Watch
  • International Commission of Jurists (ICJ)
  • International Federation for Human Rights (FIDH)
  • Philippines Alliance of Human Rights Advocates (PAHRA)
  • World Organisation Against Torture (OMCT)

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   Civic space in the Philippines is rated as Repressed by the CIVICUS Monitor

• THE GAMBIA: ‘Civil society works to ensure Jammeh and other perpetrators of human rights violations face justice’

  CIVICUS speaks about the prospects of The Gambia’s former dictator Yahya Jammeh being put on trial with Adama Jallow, National Coordinator of the Gambia Center for Victims of Human Rights Violations (Victim’s Center).

  Founded in 2017, the Victims Center is a civil society organisation (CSO) that seeks justice and reparations for victims of human rights violations under the dictatorship. It has successfully pressured the government to recognise the Truth, Reconciliation and Reparations Commission (TRRC).

  What are the main conclusions of the TRRC report?

  After consulting with victims of Yahya Jammeh’s inhumane treatment, the TRRC’s report concluded that Jammeh should be brought to justice and victims must receive help and support to recover from the atrocious experience they endured under the former dictator’s rule. The government has released a white paper in which it accepts the recommendations made by the TRRC. We believe this is huge, considering the amount of work civil society put into advocating for the establishment of the TRRC.

  The TRRC report is a sort of roadmap we can use so that justice can be served in The Gambia. Out of the 265 recommendations made by the TRRC, the government rejected only two, while marking the rest for implementation. Many atrocities were committed under Jammeh’s dictatorship and were highlighted by both perpetrators and victims before the TRRC. These include sexual and gender-based violence, torture, enforced disappearances and killings, arbitrary detention and crimes in which the victims were accused of witchcraft.

  The TRRC’s report states that The Gambia’s society and government institutions have a responsibility to prevent the reoccurrence of the crimes it documented. Its recommendations focus basically on the well-being of victims, who are expected to receive individual and collective reparations, and the prosecution of perpetrators. 

  We initially did not think the government would agree to implementing the TRRC’s recommendations. It came as a shock to us when the government agreed to it, because it is a new experience for civil society to be seen and heard by the government. It is a positive indication that our government is prepared to work together with us. The fact that only two of the recommendations were rejected surpassed our expectations. Now we will focus on pushing the government to implement the recommendations.

  What does the Victims Center do?

  The Victim’s Center was established in 2017, right after the regime change. Under Jammeh’s rule citizens lived in an oppressive state that restricted their rights and freedoms, and there was no freedom of association, assembly and expression. Many human rights violations and abuses occurred, including killings, torture and other cruel, inhumane and degrading treatment, disappearances, arbitrary arrests and detention, sexual violence and the indiscriminate and illegal use of force. Many civil society activists and organisations were arrested because of the work they did – basically for speaking up against the regime and pushing for democracy.

  When Jammeh was overthrown, and we got a new government, civil society and victims felt the need to seek justice and hold Jammeh accountable for the atrocities committed under his rule. We formed the Victims Center to offer a platform for victims to express their issues, seek support and assistance and advocate towards the government.

  Part of our mission is to advocate for the TRRC report. We have been fortunate enough to receive international support. Organisations such as Human Rights Watch have released letters in solidarity with the victims and to demand the government responds to our advocacy asks. We have also worked closely with other CSOs and victim-led organisations to ensure that the government takes its duty seriously, recognises victims and provides reparations. We want to make sure the government provides reparations to all victims, without discriminating against anyone.

  We have also seen a need to go out and sensitise people on transitional justice processes, victims’ rights and the cases submitted to the TRRC. The Victim’s Center has always been at the forefront of advocating and engaging with the Ministry of Justice and mobilising media to ensure victims are getting the help they need. Despite the challenges we have faced, such as intimidation and lack of capacity, we remain committed to helping victims get justice.

  How has civil society advocated for prosecution?

  The Gambia’s civil society has been very active throughout the process. We understood the importance of engaging with the government because it will play a key role in ensuring that justice is served. We had meetings with the Ministry of Justice staff to find out how they intend to support victims.

  We have also disseminated press releases demanding that justice take place at the societal level. We think it is important to inform victims, their families and society at large about the contents of the TRRC report and how The Gambia’s society will benefit from it, so we have held conferences. We have also formed partnerships with other local and international CSOs to reach a wider audience and to put additional pressure on our government.

  We know that our laws present obstacles. We were supposed to have a new constitution to replace the 1997 one, but the new text was rejected by the National Assembly. The legislation presently in place does not consider enforced disappearance or torture as crimes, which is something civil society advocates for. We now hope the National Assembly can adjust the old constitution to ensure the possibility of litigation in such cases. In the meantime, the Ministry of Justice has promised to form a body to handle cases involving crimes that are not codified in our legislation.

  In essence, civil society has engaged extensively to ensure that Jammeh and other perpetrators face justice.

  Do you foresee any challenges in the implementation of the report’s recommendations?

  We foresee several challenges, one of them being the Ministry of Justice’s lack of capacity to handle cases of extrajudicial killings, enforced disappearance and torture. We need experts to oversee these cases so that everyone who is prosecuted is brought to justice.

  Another challenge lies with our constitution, as neither the old nor the current draft recognises enforced disappearance and torture. These are some of the human rights violations victims experienced and we need them to be recognised so that victims can receive help and perpetrators can be tried.

  We are also concerned about whether Jammeh can be brought to trial outside The Gambia, given that he is not currently residing in the country. We are trying our best to see how we can work with other organisations to address this issue.

  But all these challenges have not discouraged us. We continue advocating with partners to ensure the TRRC’s recommendations are implemented. We are also putting pressure on the Ministry of Justice to come up with a realistic timeframe that will convince us that the government is really committed to implementing the recommendations. We encourage the government to work closely with CSOs and victim-led organisations to ensure they implement the white paper with an inclusive approach.

  What kind of support does civil society in The Gambia need from the international community?

  Local CSOs and victim-led organisations need funding to continue their advocacy work, build capacity and support victims. International CSOs should partner with us and advise us on a way forward in terms of what types of cases could be brought, and how they can be brought if the constitution is not changed or amended. We also need them to use their resources to put pressure on the Gambian government to make sure justice prevails.

  Civic space in The Gambia is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with the Gambia Center for Victims of Human Rights Violations through itsFacebook, and follow@gambia_vc on Twitter.