By Omar Bah
The National Human Rights Commission (NHRC) has highlighted the urgent need for the government to regulate mining companies more effectively.
In its 2024 State of Human Rights Report, the NHRC underscored the challenges posed by unregulated mining, including environmental destruction of beaches, agricultural land, and water resources.
The Gambia’s mining sector has come under increasing scrutiny amid growing concerns over environmental degradation, economic injustice, and regulatory lapses with communities along the coastline, especially in areas like Tujereng, Sanyang, Kartong, Batokunku and Brufut, reporting significant damage to their environment and livelihoods due to sand and mineral mining activities.
The NHRC also said the activities of small and medium businesses in the fisheries, sand mining and other areas have been having an impact on the enjoyment of human rights in the country.
“Reports of devastating impacts of sand mining on private property and the environment in Gunjur made headlines in 2024,” the Commission stated.
It argued that while sand mining companies have turned their attention to dredging as an alternative source of sand mining, the impact of dredging too can be devastating on coastal and marine ecosystems.
“In fact, the US State Department has reported that although the Government of The Gambia has specified in law or regulation the criteria and procedures for awarding natural resource extraction contracts and licenses, it does not appear to be following them in practice, because basic information on natural resource extraction awards is not always publicly available,” the NHRC stated.
The Commission therefore recommended that the Ministry of Petroleum, Energy and Mines (MoPEM), in accordance with the UN Guiding Principles on BHR, regulate mining and ensure that full environmental impact assessment is done before issuing mining licenses.
Fishing
Commenting specifically on fishing activities in Gambian waters, the Commission said despite several alarming reports of overfishing in The Gambia, an agreement between Senegal and The Gambia allows ‘Senegal to put 250 boats in Gambian waters, ranging from 40 horsepower boats to industrial trawlers.
“Article 1 of the Agreement allows the fishermen from Senegal to fish in Gambian waters. While the Agreement provides a limit on the number of boats allowed to come from Senegal, there is no monitoring mechanism to ensure proper implementation. This could exacerbate the scarcity of fish for consumption in The Gambia and the resultant loss of livelihood income for fishmongers and fisher families,” the Commission highlighted.
It argued that with Article 1 of the Agreement allowing fishermen to land their catch in either country, and Senegalese having the higher buyer power, experts believe that this leaves Gambian consumers vulnerable.
The NHRC recommended that the Ministry of Fisheries and Water Resources put in place a proper mechanism to monitor the implementation of the Gambia-Senegal Fishing Agreement as well as other fishing agreements between The Gambia and other countries and companies.
“The Ministry of Fisheries should review regional and international fishing agreements entered into by The Gambia to ensure artisanal fishermen have access to fish.”
The NHRC also recommended that the ministry fast track the review of the national legal frameworks (Draft Fisheries Amendment Act 2023 and Draft Fisheries Amendment Regulations 2023) and the development of National Action Plan.
