A Human Rights-Based Approach to Overfishing in West Africa: Comparative Study of Guinea-Bissau and The Gambia

Abstract

This research focuses on the impacts of overfishing on human rights in Guinea-Bissau and The Gambia. The core finding is that despite extensive national and international legal frameworks, weak enforcement, detrimental international fishing agreements and a prioritisation of perceived economic gains over human welfare have led to overfishing, which in turn causes significant violations of the economic, social and cultural rights of local populations. The fisheries sectors in both nations are critical, employing over 250,000 people in Guinea-Bissau and 300,000 in The Gambia and forming a cornerstone of national food security, livelihoods and cultural identity. However, these resources are threatened by the unsustainable practices of foreign industrial fleets and a failure of state regulatory bodies to protect them. This situation is analysed through a neo-colonial framework, highlighting power imbalances where West African nations often act as ‘policy takers’ in agreements with stronger economic powers like the European Union and China. A comparative legal analysis reveals that while The Gambia’s current fisheries laws demonstrate a higher normative compliance rate with the United Nations (UN) Food and Agriculture Organisation’s Code of Conduct for Responsible Fisheries (100% for the Fisheries Act 2007) than Guinea-Bissau’s (92% for the Decree-Law no 10/2011), both states suffer from significant implementation and enforcement gaps. Overfishing directly infringes upon the rights to work, health, food, education, culture and a satisfactory environment. Local artisanal fishers are unable to compete with industrial trawlers, fish stocks are dwindling, food insecurity and malnutrition are rising, and unique cultural practices tied to marine life are being eroded. The primary recommendations call for both states to adopt a human rights-centred approach in their fisheries management. This includes revising and rigorously enforcing national laws, ratifying key international agreements like the UN Fish Stocks Agreement, strengthening regional co-operation and investing in nation-building to reduce dependency on inequitable foreign fishing agreements.