The Fishing Agreement reached between the two neighboring Anglophone and Francophone West African nations of The Gambia and Senegal, respectively, had been a subject of debate by the Gambia’s lawmakers as the Minister of Fisheries, Mr. James Gomez admitted to the National Assembly that the Fishing Agreement between Banjul and Dakar ‘is illegal’, while clarifying that the said agreement had not been ratified by the Gambian legislature.
He, however, claimed that the said Agreement had been signed since the first, and was continued in the second Republics; adding that it’s just a continuation. It’s not a new agreement, the lawmakers heard from the minister.
With a heated debate ensuing, Gomez was quizzed as to why they (Ministry) allowed an illegal agreement to continue. Some of the NAMs who spoke on the matter, among other things, called on the Fisheries Minister to apologize and put an urgent halt to the implementation of the illegal Agreement.
Ultimately, the Member for Foni Kansala, Hon. Musa Amul Nyassi (a former Minister of Lands & Regional Gov’t in the Jammeh regime) moved a motion that the Minister shall, as a matter of urgency, present the Fishing Agreement before the legislature for scrutiny and ratification. He continued to move that Minister Gomez provides the National Assembly with all–as a matter of urgency–the fishing agreements between the two countries.
Hon. Nyassi submitted that the current state of the agreement is illegal and they (NAMs) couldn’t continue watching what is illegal to continue happening, emphasizing that the Minister’s statement indicated that the agreement is excessively exploitative. He re-echoed they shouldn’t allow it to continue.
The Kansala NAM had this to add:“The legislature has powers to summon those documents to come before them and scrutinize them, and either they ratify or reject [the agreement]. So, that is why we are saying that whatever is happening now, must be put into a temporal halt and summon the ministry to bring the documents before the National Assembly.”
Hon. Sidia Jatta, NAM for Wuli West, argued the motion should be as a matter-of-urgency, for the agreement to be brought before the National Assembly for ratification. He stated the legislature has authority to accept or reject anything that comes before it. He pointed out that at the time of the debate, nothing was tabled before them as per the said agreement; and that what they were demanding was for the agreement to be brought before them for ratification as a matter of urgency.
Nominated Member Lawyer Yakumba Jaiteh (Esquire), termed it as ‘a contempt of the Assembly’, justifying that the said agreement is not ratified. Hon. Jaiteh argued further that agreements need to be ratified if they are to come into existence, otherwise the Minister should be asked to stop implementing the agreement until it comes before the National Assembly.
Hon. Alhagie Mbow, NAM for Upper Saloum, in his intervention, believed the proper thing was for them to ask Minister Gomez, as a matter of urgency, to provide the said document to ensure that they know its contents and thereafter, consider and ratify the agreement.
Hon. Fatoumatta Touma Njai, Member for Banjul South who initiated the parliamentary move for the Minister to be summoned to come and give explanation on the state of fishing in the country, reminded her colleagues that the Minister had said the Fishing Agreement is illegal. She intimated that the agreement should be put on halt, in that it’s not legal and must not be allowed to continue.
Hon. Njai then recommended that the implementation of the said agreement be ceased until it’s brought before the National Assembly and ratified by the lawmakers.
Hon. Ousman Sillah, Member for Banjul North who seconded the motion moved by Hon. Nyassi, aligned himself with the suggestion for the minister to bring the agreement to the legislature immediately, for ratification or otherwise.
Hon. Alhagie S. Darboe of Brikama North, shared the views that they should not cross their fingers and allow an illegal thing to continue.
However, he opined that if they should allow the agreement to continue and ask the minister to bring the agreement back for the assembly to ratify it, that would mean they are ‘allowing something illegal to continue’.
Hon. Dawda Kawsu Jawara, Member for Upper Fulladou West charged that, any agreement that is being implemented [between Gambia-Senegal] is illegal and should stop with immediate effect, as it contravenes section 79 (2) [of the 1997 constitution.]
The Fulladou NAM also described the Senegalo-Gambia Fishing Agreement as illegal, and intimated that since Minister Gomez had confessed to them that the agreement had not been ratified, then he should apologize to the Assembly and immediately stop implementing the agreement.
Hon. Sainey Touray, Member for Jarra East, had suggested that the best the Assembly could do as per the issue, was to have the agreement (before them) for necessary ratification.
Member for Busumbala, Hon. Saikouba Jarjue said this is a bilateral agreement and that there is an error in the agreement. But he went on to remind his colleagues that since it’s a bilateral agreement, there could be a breach of contract should the assembly asks for the urgent halt to the said agreement; cautioning it could bring implications on the side of the Gambia.
Hon. Jarjue therefore suggested that they ask the minister to provide the agreement to them, so that they would know its content, after which they could decide whether it should be stopped or continued, depending on its interest to the citizenry.
The Honourable Speaker Mariam Jack-Denton (a seasoned lawyer) told the lawmakers that from the answer provided by the Minister, the said agreement is not ratified, which means that it’s not law. Stating it had not been brought before the legislature, Denton held as such, the current Legislature ‘cannot suspend the agreement’.
“So, can we suspend that?” Speaker Denton quizzed. She said probably what she would have expected was that as a matter of urgency for the Minister to bring the agreement to the legislature for ratification, and that if it comes before the assembly, then the assembly could take a decision.
At the end of it all, the Assembly Members supported the motion and asked the Fisheries Minister to present before the assembly as a matter of urgency, the Fishing Agreement between The Gambia and Senegal.
