ADR Secretariat commissioned

The vice-president and secretary of state for Women’s Affairs, Dr Aja Isatou Njie-Saidy, on Wednesday, officially opened the new Alternative Dispute Resolution (ADR) Secretariat at the OAU Boulevard, Banjul, on behalf of President Alhaji Dr Yahya Jammeh.

The ADR system, adopted in The Gambia in 2003 with the promulgation of an ADR Law, is an important mechanism for dealing with matters of dispute outside the usual conventional modern-type justice delivery and judicial system.

The new secretariat is expected to provide critical backstopping to ADR initiatives, as well as provide strategic guidance towards deepening the impact of such initiatives.

Commissioning the secretariat, Vice President Njie-Saidy described the office as another landmark development in The Gambia, as it deepens the process of institutionalizing the ADR system in the country.

She added that the establishment of an ADR Secretariat is not only timely, but also represents a clear and glaring testimony of government’s resolve to maximise justice delivery in The Gambia, by promoting access to justice for every Gambian and non-Gambian residents alike.

She further observed that the ADR is not a new phenomenon, particularly in The Gambia, where conflicts and disputes involving families, communities, and even organisations are often subject to close-door mediation and settlement by third parties.  

“In Africa, alternative means to conflict resolution have been part and parcel of our traditional justice delivery system for generations. So too in Asia, particularly China and Japan that are known to have made tremendous strides and achievements in providing alternative means of solving disputes in varied cultural and traditional contexts. These include commercial disputes, and disputes over property inheritance by families and communities. Consequently, the ADR is firmly rooted in cultures and traditions,” the vice-president elaborated.

According to her, the ADR endears itself distinctively as a system that can be administered to deliver justice and judgement without parties going through costly and lengthy litigation proceedings, often associated with the conventional system of justice delivery.

“The system also endears itself by being inherently flexible in its approach and dealings, an attribute that not only makes it a unique, fast, easy-to-administer, and cost-effective system, but also, an important tool for promoting understanding and tolerance between and among parties in disputes. The system is founded on the principles of mediation, conciliation, reconciliation and arbitration,” she highlighted.

She further observed that the ADR mechanism also provides an important complement to the more formal justice delivery system, which is plagued by numerous cases whose handling take longer than normal and at great cost to litigants. As a result, the vice-president hoped that the system will contribute meaningfully to reducing caseloads and turnaround time for judgement in the conventional courts.

She then revealed that no country can achieve and maintain peace and stability without a sound, fair, and responsive judicial and justice system. “In the absence of such a system, not only would the environment become violent and unsafe, and lives and properties at serious risks, but also it serves as a total disincentive for foreign investment that is so vitally important for sustainable economic growth and development,” she added.

Vice President Njie-Saidy then urged all and sundry to collaborate and give maximal support to facilitate the work of the secretariat. She disclosed that the government would do everything possible to support the office, including meeting its training and manpower development in the areas of arbitration, reconciliation and mediation. Notwithstanding, the vice-president added that government would also build the capacity of the formal judicial system, since both systems are crucial.

She observed that the ADR should not be mistaken as a stand-alone substitute system, but simply an added option made available to help people and institutions to choose between two delivery systems to seek justice.

She thanked DFID and the World Bank for providing strategic support and urged the referral of matters such as commercial, land, family, industrial and employment related cases to the ADR Secretariat, for settlement as required under the ADR Act.

For her part, Mrs Marie Saine-Firdaus, the attorney general and secretary of state for Justice, described the event as a significant milestone in transforming The Gambia, since there can be no development without settling disputes.

She noted that the establishment of the ADR Secretariat has ever been her priority since her assumption of office. She lauded the tremendous support gained from President Jammeh and the secretary of state for Finance and Economic Affairs to meet the goals.

SoS Saine-Firdaus stated that the ADR is mandated to handle all types of cases of civil nature and encouraged the conventional courts to forward cases, such as those involving land disputes, to the secretariat to facilitate the resolution of the matters.

She also urged the staff of the secretariat to enhance quick dispensation of justice by making best use of the ADR, assuring them that the Office of the Attorney General will provide the maximum support in the discharge of such a constitutional requirement.

Abdou Karim Savage, the chief justice, thanked President Jammeh for yet another milestone in the development of the country. He also thanked the Office of the Attorney General for accomplishing such a positive initiative, noting that the ADR will greatly help to ensure win-win situations in cases to ensure a peaceful society, rather than the litigation system, which takes people apart.

Chief Justice Savage then expressed his office’s support and called for the proper sensitisation of the public about the ADR.

Other speakers at the ceremony included Dr Ebrima Lowe, the chief executive secretary of the ADR, who gave an overview of the establishment of the ADR, Alhagie Sawaneh of the CBEMP, Department of State for Finance and Economic Affairs and Mrs Penda Gibril, who gave the vote of thanks.

In attendance were the speaker of the National Assembly, Hon Fatoumatta Jahumpa-Ceesay, secretaries of state, and members of
the Judiciary, among other personalities.