[Congressional Record Volume 168, Number 80 (Wednesday, May 11, 2022)]
[Senate]
[Pages S2460-S2463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  EXPRESSING SUPPORT FOR A FREE, FAIR, AND PEACEFUL DECEMBER 4, 2021, 
                         ELECTION IN THE GAMBIA

  Ms. CANTWELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 339, S. Res. 
456.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 456) expressing support for a free, 
     fair, and peaceful December 4, 2021, election in The Gambia.

  There being no objection, the Senate proceeded to consider the 
resolution which had been reported from the Committee on Foreign 
Relations, with an amendment to strike all after the resolving clause 
and insert the part printed in italic, and with an amendment to strike 
the preamble and insert the part printed in italic, as follows:

       Whereas, in 1965, The Gambia became independent from Great 
     Britain;
       Whereas, in 1970, The Gambia became a republic following a 
     public referendum, and Dawda Jawara was elected president and 
     subsequently reelected an additional five times;
       Whereas, from 1970 to 1994, The Gambia was one of Africa's 
     longest running democracies and home to the continent's human 
     rights body, the African Commission on Human and People's 
     Rights;
       Whereas, in 1994, President Jawara was forcibly removed 
     from office in a coup by the Armed Forces Provisional Ruling 
     Council (AFPRC), led by Lieutenant Yahya Jammeh;
       Whereas, after two years of direct AFPRC rule that was 
     heavily criticized by the international community, a flawed 
     constitutional reform process occurred and The Gambia 
     scheduled a new presidential election;
       Whereas, in the lead up to the September 1996 presidential 
     election, the Jammeh military government outlawed the 
     country's main opposition parties, restricted media freedom, 
     prohibited meetings between rival candidates and foreign

[[Page S2461]]

     diplomats, and used soldiers to attack opposition rallies;
       Whereas Jammeh won the 1996 presidential election in a 
     process widely regarded as flawed by international observers;
       Whereas President Jammeh won reelection in 2001, 2006, and 
     2011 in electoral processes marred by political repression, 
     intimidation, and technical flaws;
       Whereas Jammeh's presidency saw targeted violence and 
     widespread gross human rights violations, particularly 
     against members of the media, including the murder of editor 
     Deyda Hydara and the disappearance of journalist Ebrima 
     Manneh;
       Whereas President Jammeh personally ordered the kidnapping 
     and torture of individuals he accused of ``witchcraft'' and 
     threatened others over their sexual orientation;
       Whereas thousands of Gambians fled into exile out of 
     concern for their safety, becoming refugees in Africa at 
     large and elsewhere;
       Whereas the Jammeh government's human rights record was 
     widely criticized by regional and international human rights 
     groups, as well as the United States, European Union, and 
     members of the United States Senate;
       Whereas, in December 2016, opposition grand coalition 
     candidate Adama Barrow, who campaigned on the promise of 
     electoral and constitutional reform, won an upset election 
     victory against President Jammeh;
       Whereas, immediately after the 2016 election, Jammeh 
     publicly accepted the defeat, but then later rejected the 
     results and refused to depart the presidency;
       Whereas Jammeh's refusal to accept defeat was widely 
     condemned, with the African Union refusing to recognize him 
     as president and the Economic Community of West African 
     States deploying an international intervention force to The 
     Gambia;
       Whereas, on January 19, 2017, Barrow was sworn in as 
     president at the Gambian Embassy in Senegal;
       Whereas, on January 20, 2017, Jammeh and his family 
     departed The Gambia, reportedly stealing more than 
     $1,000,000,000 from state coffers, eventually to appear in 
     Equatorial Guinea, where he remains in political exile with 
     impunity;
       Whereas President Barrow initially agreed to limit his term 
     to a three-year transition ending on January 19, 2020, but 
     later stated his intent to serve the full five-year 
     constitutional term and run for reelection;
       Whereas the Gambian Truth, Reconciliation, and Reparations 
     Commission (TRRC) was established by an act of the Gambian 
     Parliament to examine abuses committed during the Jammeh era 
     and make recommendations as to whom to hold accountable;
       Whereas more than 370 victims and former government 
     officials testified at widely viewed TRRC hearings that 
     documented widespread human rights abuses;
       Whereas, on November 25, 2021, the TRRC submitted its final 
     report to President Barrow detailing the death of more than 
     240 people, torture, rape, and disappearances under the 
     Jammeh regime;
       Whereas, on December 4, 2021, The Gambia held the first 
     post-Jammeh era presidential election, which included six 
     presidential candidates;
       Whereas the December 4, 2021, election occurred peacefully, 
     with high voter turnout and under the observation of a 
     significant number of domestic and international monitors;
       Whereas, on December 5, 2021, The Gambia's Independent 
     Electoral Commission (IEC) announced results showing that 
     President Barrow had won reelection:
       Whereas, on December 5, 2021, domestic election observers 
     and other stakeholders released a joint statement noting that 
     ``the elections were conducted generally in an atmosphere of 
     transparency and fairness as observed by domestic and 
     international observers'' and reminded candidates of the Code 
     of Conduct for Peaceful Elections provision to ``accept the 
     results of the election as announced by the Chairperson of 
     the IEC'';
       Whereas, on December 5, 2021, former President of Sierra 
     Leone Ernest Bai Koroma, who led an election observation 
     mission from the Economic Community of West African States 
     (ECOWAS), appealed to all the Gambian candidates ``to accept 
     the outcome of the election in good faith'';
       Whereas, on December 24, 2021, the Gambia Truth, 
     Reconciliation, and Reparations Commission published its 
     findings that former President Jammeh was responsible for 
     more than 20 years of killings, torture, and rape and 
     recommended that those responsible be prosecuted, saying,``To 
     forgive and forget with impunity the violations and abuses. . 
     .would not only undermine reconciliation but would also 
     constitute a massive and egregious cover-up of the crimes 
     committed.'';
       Whereas, on December 28, 2021, the Gambia Supreme Court 
     dismissed a challenge to the election results; and
       Whereas, on January 18, 2022, the Independent Electoral 
     Commission announced that National Assembly elections will be 
     held on April 9, 2022: Now, therefore, be it
       Resolved,
     That the Senate--
       (1) congratulates the Gambian people on the successful 2016 
     and 2021 presidential elections;
       (2) supports the courageous and necessary work and 
     recommendations of the Truth, Reconciliation, and Reparations 
     Commission to bring accountability, healing, and 
     reconciliation to the nation, and calls on the government to 
     follow through with appropriate actions with regards to 
     justice, accountability, and reparations for victims;
       (3) calls on all parties and voters to again peacefully 
     participate in the upcoming April legislative election and to 
     peacefully follow all legal processes with regards to the 
     results; and
       (4) expresses the support of the American people in The 
     Gambia's continued and noteworthy democratic path forward.

  Ms. CANTWELL. Mr. President, I further ask that the committee-
reported amendment to the resolution be withdrawn and that the Durbin 
substitute amendment at the desk to the resolution be agreed to.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 5031) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the resolving clause and insert the 
     following: ``That the Senate--
       (1) congratulates the Gambian people on the successful 2016 
     and 2021 presidential elections and the April 2022 
     legislative election;
       (2) supports the courageous and necessary work and 
     recommendations of the Truth, Reconciliation, and Reparations 
     Commission to bring accountability, healing, and 
     reconciliation to the nation, and calls on the government to 
     follow through with appropriate actions with regards to 
     justice, accountability, and reparations for victims; and
       (3) expresses the support of the American people in The 
     Gambia's continued and noteworthy democratic path forward.

  Ms. CANTWELL. I know of no further debate on the resolution, as 
amended.
  The ACTING PRESIDENT pro tempore. Is there further debate?
  Hearing no further debate, the question is on agreeing to the 
resolution, as amended.
  The resolution (S. Res. 456), as amended, was agreed to.
  Ms. CANTWELL. I ask unanimous consent that the committee-reported 
amendment to the preamble be withdrawn; that the Durbin substitute 
amendment at the desk to the preamble be agreed to; that the preamble, 
as amended, be agreed to; and that the motions to reconsider be 
considered made and laid upon the table with no intervening action or 
debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The committee-reported amendment to the preamble was withdrawn.
  The amendment (No. 5032) to the preamble in the nature of a 
substitute was agreed to, as follows:

                    [Purpose: To amend the preamble]

       Strike the preamble and insert the following:
       Whereas, in 1965, The Gambia became independent from Great 
     Britain;
       Whereas, in 1970, The Gambia became a republic following a 
     public referendum, and Dawda Jawara was elected president and 
     subsequently reelected an additional five times;
       Whereas, from 1970 to 1994, The Gambia was one of Africa's 
     longest running democracies and home to the continent's human 
     rights body, the African Commission on Human and People's 
     Rights;
       Whereas, in 1994, President Jawara was forcibly removed 
     from office in a coup by the Armed Forces Provisional Ruling 
     Council (AFPRC), led by Lieutenant Yahya Jammeh;
       Whereas, after two years of direct AFPRC rule that was 
     heavily criticized by the international community, a flawed 
     constitutional reform process occurred and The Gambia 
     scheduled a new presidential election;
       Whereas, in the lead up to the September 1996 presidential 
     election, the Jammeh military government outlawed the 
     country's main opposition parties, restricted media freedom, 
     prohibited meetings between rival candidates and foreign 
     diplomats, and used soldiers to attack opposition rallies;
       Whereas Jammeh won the 1996 presidential election in a 
     process widely regarded as flawed by international observers;
       Whereas President Jammeh won reelection in 2001, 2006, and 
     2011 in electoral processes marred by political repression, 
     intimidation, and technical flaws;
       Whereas Jammeh's presidency saw targeted violence and 
     widespread gross human rights violations, particularly 
     against members of the media, including the murder of editor 
     Deyda Hydara and the disappearance of journalist Ebrima 
     Manneh;
       Whereas President Jammeh personally ordered the kidnapping 
     and torture of individuals he accused of ``witchcraft'' and 
     threatened others over their sexual orientation;
       Whereas thousands of Gambians fled into exile out of 
     concern for their safety, becoming refugees in Africa at 
     large and elsewhere;
       Whereas the Jammeh government's human rights record was 
     widely criticized by regional and international human rights 
     groups, as well as the United States, the European Union, and 
     members of the United States Senate;
       Whereas, in December 2016, opposition grand coalition 
     candidate Adama Barrow,

[[Page S2462]]

     who campaigned on the promise of electoral and constitutional 
     reform, won an upset election victory against President 
     Jammeh;
       Whereas, immediately after the 2016 election, Jammeh 
     publicly accepted the defeat, but then later rejected the 
     results and refused to depart the presidency;
       Whereas Jammeh's refusal to accept defeat was widely 
     condemned, with the African Union refusing to recognize him 
     as president and the Economic Community of West African 
     States deploying an international intervention force to The 
     Gambia;
       Whereas, on January 19, 2017, Barrow was sworn in as 
     president at the Gambian Embassy in Senegal;
       Whereas, on January 20, 2017, Jammeh and his family 
     departed The Gambia, reportedly stealing more than 
     $1,000,000,000 from state coffers, eventually to appear in 
     Equatorial Guinea, where he remains in political exile with 
     impunity;
       Whereas President Barrow initially agreed to limit his term 
     to a three-year transition ending on January 19, 2020, but 
     later stated his intent to serve the full five-year 
     constitutional term;
       Whereas the Gambian Truth, Reconciliation, and Reparations 
     Commission (TRRC) was established by an act of the Gambian 
     Parliament to examine abuses committed during the Jammeh era 
     and make recommendations as to whom to hold accountable;
       Whereas more than 370 victims and former government 
     officials testified at widely viewed TRRC hearings that 
     documented widespread human rights abuses;
       Whereas on November 25, 2021, the TRRC submitted its final 
     report to President Barrow detailing the death of more than 
     240 people, torture, rape, and disappearances under the 
     Jammeh regime;
       Whereas on December 4, 2021, The Gambia held the first 
     post-Jammeh era presidential election, which included six 
     presidential candidates;
       Whereas the December 4, 2021 election occurred peacefully, 
     with high voter turnout and under the observation of a 
     significant number of domestic and international monitors;
       Whereas, on December 5, 2021, The Gambia's Independent 
     Electoral Commission (IEC) announced the results, showing 
     that President Barrow had won reelection;
       Whereas, on December 5, 2021, domestic election observers 
     and other stakeholders released a joint statement noting that 
     ``the elections were conducted generally in an atmosphere of 
     transparency and fairness as observed by domestic and 
     international observers'' and reminded candidates of the Code 
     of Conduct for Peaceful Elections provision to ``accept the 
     results of the election as announced by the Chairperson of 
     the IEC'';
       Whereas, on December 5, 2021, former President of Sierra 
     Leone Ernest Bai Koroma, who led an election observation 
     mission from the Economic Community of West African States 
     (ECOWAS), appealed to all the Gambian candidates ``to accept 
     the outcome of the election in good faith'';
       Whereas, on December 24, 2021, the Gambia Truth, 
     Reconciliation, and Reparations Commission published its 
     findings that former President Jammeh was responsible for 
     more than 20 years of killings, torture, and rape and 
     recommended that those responsible be prosecuted, saying, 
     ``To forgive and forget with impunity the violations and 
     abuses ... would not only undermine reconciliation but would 
     also constitute a massive and egregious cover-up of the 
     crimes committed.'';
       Whereas, on December 28, 2021, the Gambia Supreme Court 
     dismissed a challenge to the election results; and
       Whereas, on January 18, 2022, the Independent Electoral 
     Commission announced that National Assembly elections would 
     be held on April 9, 2022: Now, therefore, be it

  The preamble, as amended, was agreed to.
  The resolution, as amended, with its preamble, as amended, reads as 
follows:

                              S. Res. 456

       Whereas, in 1965, The Gambia became independent from Great 
     Britain;
       Whereas, in 1970, The Gambia became a republic following a 
     public referendum, and Dawda Jawara was elected president and 
     subsequently reelected an additional five times;
       Whereas, from 1970 to 1994, The Gambia was one of Africa's 
     longest running democracies and home to the continent's human 
     rights body, the African Commission on Human and People's 
     Rights;
       Whereas, in 1994, President Jawara was forcibly removed 
     from office in a coup by the Armed Forces Provisional Ruling 
     Council (AFPRC), led by Lieutenant Yahya Jammeh;
       Whereas, after two years of direct AFPRC rule that was 
     heavily criticized by the international community, a flawed 
     constitutional reform process occurred and The Gambia 
     scheduled a new presidential election;
       Whereas, in the lead up to the September 1996 presidential 
     election, the Jammeh military government outlawed the 
     country's main opposition parties, restricted media freedom, 
     prohibited meetings between rival candidates and foreign 
     diplomats, and used soldiers to attack opposition rallies;
       Whereas Jammeh won the 1996 presidential election in a 
     process widely regarded as flawed by international observers;
       Whereas President Jammeh won reelection in 2001, 2006, and 
     2011 in electoral processes marred by political repression, 
     intimidation, and technical flaws;
       Whereas Jammeh's presidency saw targeted violence and 
     widespread gross human rights violations, particularly 
     against members of the media, including the murder of editor 
     Deyda Hydara and the disappearance of journalist Ebrima 
     Manneh;
       Whereas President Jammeh personally ordered the kidnapping 
     and torture of individuals he accused of ``witchcraft'' and 
     threatened others over their sexual orientation;
       Whereas thousands of Gambians fled into exile out of 
     concern for their safety, becoming refugees in Africa at 
     large and elsewhere;
       Whereas the Jammeh government's human rights record was 
     widely criticized by regional and international human rights 
     groups, as well as the United States, the European Union, and 
     members of the United States Senate;
       Whereas, in December 2016, opposition grand coalition 
     candidate Adama Barrow, who campaigned on the promise of 
     electoral and constitutional reform, won an upset election 
     victory against President Jammeh;
       Whereas, immediately after the 2016 election, Jammeh 
     publicly accepted the defeat, but then later rejected the 
     results and refused to depart the presidency;
       Whereas Jammeh's refusal to accept defeat was widely 
     condemned, with the African Union refusing to recognize him 
     as president and the Economic Community of West African 
     States deploying an international intervention force to The 
     Gambia;
       Whereas, on January 19, 2017, Barrow was sworn in as 
     president at the Gambian Embassy in Senegal;
       Whereas, on January 20, 2017, Jammeh and his family 
     departed The Gambia, reportedly stealing more than 
     $1,000,000,000 from state coffers, eventually to appear in 
     Equatorial Guinea, where he remains in political exile with 
     impunity;
       Whereas President Barrow initially agreed to limit his term 
     to a three-year transition ending on January 19, 2020, but 
     later stated his intent to serve the full five-year 
     constitutional term;
       Whereas the Gambian Truth, Reconciliation, and Reparations 
     Commission (TRRC) was established by an act of the Gambian 
     Parliament to examine abuses committed during the Jammeh era 
     and make recommendations as to whom to hold accountable;
       Whereas more than 370 victims and former government 
     officials testified at widely viewed TRRC hearings that 
     documented widespread human rights abuses;
       Whereas on November 25, 2021, the TRRC submitted its final 
     report to President Barrow detailing the death of more than 
     240 people, torture, rape, and disappearances under the 
     Jammeh regime;
       Whereas on December 4, 2021, The Gambia held the first 
     post-Jammeh era presidential election, which included six 
     presidential candidates;
       Whereas the December 4, 2021 election occurred peacefully, 
     with high voter turnout and under the observation of a 
     significant number of domestic and international monitors;
       Whereas, on December 5, 2021, The Gambia's Independent 
     Electoral Commission (IEC) announced the results, showing 
     that President Barrow had won reelection;
       Whereas, on December 5, 2021, domestic election observers 
     and other stakeholders released a joint statement noting that 
     ``the elections were conducted generally in an atmosphere of 
     transparency and fairness as observed by domestic and 
     international observers'' and reminded candidates of the Code 
     of Conduct for Peaceful Elections provision to ``accept the 
     results of the election as announced by the Chairperson of 
     the IEC'';
       Whereas, on December 5, 2021, former President of Sierra 
     Leone Ernest Bai Koroma, who led an election observation 
     mission from the Economic Community of West African States 
     (ECOWAS), appealed to all the Gambian candidates ``to accept 
     the outcome of the election in good faith'';
       Whereas, on December 24, 2021, the Gambia Truth, 
     Reconciliation, and Reparations Commission published its 
     findings that former President Jammeh was responsible for 
     more than 20 years of killings, torture, and rape and 
     recommended that those responsible be prosecuted, saying, 
     ``To forgive and forget with impunity the violations and 
     abuses ... would not only undermine reconciliation but would 
     also constitute a massive and egregious cover-up of the 
     crimes committed.'';
       Whereas, on December 28, 2021, the Gambia Supreme Court 
     dismissed a challenge to the election results; and
       Whereas, on January 18, 2022, the Independent Electoral 
     Commission announced that National Assembly elections would 
     be held on April 9, 2022: Now, therefore, be it
       Resolved, That the Senate--
       (1) congratulates the Gambian people on the successful 2016 
     and 2021 presidential elections and the April 2022 
     legislative election;
       (2) supports the courageous and necessary work and 
     recommendations of the Truth, Reconciliation, and Reparations 
     Commission to bring accountability, healing, and 
     reconciliation to the nation, and calls on the government to 
     follow through with appropriate actions with regards to 
     justice, accountability, and reparations for victims; and
       (3) expresses the support of the American people in The 
     Gambia's continued and noteworthy democratic path forward.

[[Page S2463]]

  

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