Lessons from Gambia

Gambia President Adama Barrow. /BBC
Gambia President Adama Barrow. /BBC

In an article published on Aljazeera, Solomon Ayele

Dersso, a senior legal scholar and an analyst on

Africa and African Union affairs, avers that the

lesson from the Gambia for African countries is

that “not only should [the opposition and citizenry]

forge unity during elections, but also prepare to

work with regional and international bodies for a

negotiated exit guaranteeing peaceful transfer of power”.

This may be true, but the ouster of Yahya Jammeh also has

another lesson for the continent’s despots: Accountability

is dead.

The facts speak for themselves. Jammeh lost an election

and, after initially accepting his defeat, subsequently chose

to contest it.  is was a fi rst. In all other cases of disputed

elections on the continent, the incumbent has from the

very beginning declared himself winner. The Kenyan

experience following the 2007 election as well as that of the

Ivory Coast four years later amply illustrate this.

In the respective cases, both Mwai Kibaki and Laurent

Gbagbo refused to acknowledge defeat. What ensued was

violence, international intervention (military in the case

of Gbagbo) and ICC prosecutions. In Jammeh’s case, the

avoidance of accountability is now presented as a win for

the country.

The deal off ered by the Economic Community of West

African States (Ecowas), the AU and the United Nations

assured the former dictator of “the kind of dignity befitting

a citizen, former president and party leader" -

shorthand

for immunity from prosecution - and allowed him to keep

the loot from his 22 years in power (presumably including

the $11 million — Sh1.14 billion — withdrawn from state

coff ers in his last two weeks in power).

 This is the problem with the Gambia transition. It is not a

case of the incumbent losing power and gracefully handing

over power. Rather, it is the legitimisation of the idea that

heads of state who lose power can use their incumbency,

and the implicit threat of violence, as a bargaining chip to

escape accountability for crimes committed during their

tenure. This runs counter to the tenets of democracy. There

should be no requirement for quid pro quos, negotiations

or international interventions. Transfer of power in a

democracy, as former Czech President and playwright

Vaclav Havel noted, should be mundane in a democracy.

However, in the case of African countries, it is portrayed

as an act of benevolence. When then Kenyan strongman

Daniel arap Moi accepted the loss of his chosen successor

or “project” in 2002 (current President Uhuru Kenyatta),

he was hailed as a statesman. Yet he should have never had

a choice in the matter. Similarly, Yahya Jammeh should

not have been allowed to think he somehow “deserved” a

dignified exit. That was up to the Gambian people.

As a Kenyan who lived through the 2007-08 post election

violence, I can appreciate the imperative to avoid

such eventualities. However, it is incumbent on all of us to

consider the lessons that the folks in power draw. If, in fact,

power transitions are to be negotiated between incumbents

and the international community with immunity from

prosecution offered as an incentive to peacefully vacate

office, then that is a dilution of democratic norms, not a

reinforcement of them.

Unfortunately, the AU, which has already committed

itself to the profoundly undemocratic ideal of Head of State

immunity as evidenced by its stance in the Kenyan cases

formerly at the ICC, sees things diff erently. Incumbency is

still perceived as an implicit guarantee of impunity.

With support for Jammeh collapsing, and even his army

chief saying he was not willing to fight to defend him from

the Ecowas forces at his doorstep, there was no imperative

to cut a deal. By choosing that option, the international

community did not secure democracy. Rather it validated

the idea that losing despots can use their hapless

populations as hostages to barter for a guilt-free departure.

As Solomon Dersso puts it, “they can get a dignifi ed exit, if

they allow free and fair elections.”

During last year’s US election campaigns, Donald Trump

was heavily criticised for refusing to state categorically

that he would accept the outcome of the election if he did

not win. Four years hence, he will be up for reelection. If

he loses and rejects the results, does anyone imagine he

would be off ered a cushy retirement package to facilitate a

peaceful handover of power?

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