Monrovia – Liberia was caught off guard last week when the office of President Ellen Johnson-Sirleaf announced the appointment of Mrs. Seklau Wiles as the new minister of Agriculture.
Report by Rodney D. Sieh, [email protected]
As has been the norm of the Sirleaf administration since taking office in January 2006, no reason was given as to why former Minister Moses Zinnah was given the boot.
As many scrambled for answers, speculations ranged from a reported internal audit linking the minister to missing donor funding to reports that Minister Zinnah had objected to the recent decision by the government, particularly the executive mansion to take the fisheries bureau away from the ministry and give the responsibility to the Liberia Maritime Authority.
Under a new Executive Order, recently signed by the president, the Sirleaf administration plans to halve its Inshore Exclusion Zone (IEZ), currently reserved for artisanal fishermen, reducing it from six nautical miles to just three.
This will allow industrial vessels, including trawlers, to fish much closer to the shore.
Performance vs. Fisheries Saga
The Executive Mansion remains mummed on why Zinnah was given the ax and while FrontPageAfrica has been unable to obtained a copy of his dismissal letter, FPA was privy to its content which suggests that Mr. Zinnah’s dismissal had more to do with his performance contrary to what is being speculated.
One government source ruled out the issue of the fishery because as they put it, the bureau of fisheries has been costing losses for the government.
“What they have been doing is taking money from Lebanese and others and government is losing money. So, anyone suggesting that there was challenge to the president is wrong,” said the source, speaking on condition of anonymity.
The source added that the President had been on the back of the minister for the past six months urging him to go beyond the theoretical aspects of his functions and work toward improving conditions for farmers.
“For six months they have been in discussion about his performance. He has not been making impact, particularly regarding farmers. His leadership was not working and the President felt a change was needed.
“Everybody serve at her will and pleasure and he was not providing the leadership the sector needs.”
The dismissal heightened speculations over the Inshore Exclusion Zone halving and was immediately followed by a strongly-worded letter from the European Union Ambassador to President Sirleaf, expressing surprise at the executive decision.
Shock EU Writes President
Ambassador Tiina Intelmann, a letter obtained by FrontPageAfrica, wrote:
Your Excellency,
I am writing this letter following instructions received from the European Union’s services responsible for maritime affairs and for development cooperation, DG Mare and DG Devco. The European Union recently learnt from the press about Executive Order No. 84 of April 24 pertaining to the Management of the Liberia Fishery Resources.
The European Union has been very supportive and appreciative of your administration’s efforts to improve fisheries management in Liberia’s Exclusive Economic Zone and develop the domestic fisheries sector.
Thanks to these reforms Liberia is now considered the country with the healthiest fish stock in the region.
Our longstanding cooperation culminated in the signature in December 2015 of the EU-Liberia Sustainable Fisheries Partnership Agreement(SFPA), where both Liberia and the European Union undertake to promote responsible fishing in the Liberian fishing zone as provided for in FAO Code of Conduct for Responsible Fishing.
The SFPA has introduced great improvements in the sector governance, especially with regard to the licensing of foreign vessels, and has been generating significant revenue for the Government of Liberia.
The European Union was surprise to learn about this Executive Order from the press as the SFPA agreement clearly states that “Art 3.5 – The Parties shall cooperate with a view to implement a sectoral fisheries policy adopted by the Government of Liberia and to that end shall initiate a policy dialogue on the necessary reforms.
They shall consult with a view to potentially adopting measures in this are” and “Art 3.8 – The Parties shall consult one another prior to adopting any decision that may affect the activities of Union vessels under this agreement.
The European Union has serious concerns about the implications of the EO 84.
Based on experience in other countries in other countries and beyond we have reason to believe that some of the measures introduced under Section 2 of the EO will not lead to sustainable investments, but rather to the accelerated depletion of current fish stocks resulting in reduced economic opportunities in the sector and increased food security. In particular:
Section 2.b – reduction of Inshore Exclusive Zone (IEZ) as established by the Fisheries Regulations of 2010 from 6 nautical miles to 3 nautical miles to ensure that industrial and semi-industrial fishing can restart and again become viable”, and 2.c – “cumulative stock of fishery resources to be harvested shall not exceed 100,000 metric tons per annum”.
The measures do not appear to be based on the precautionary approach of the FAO Code of Conduct for Responsible Fishing.
Experience in other countries in the region and beyond has demonstrated that this type of measure risks jeopardising fish stocks, artisanal fishermen’s livelihoods, amplified vulnerability of livelihoods and food security in the country, but it also risks being of little economic value for Liberia.
The best way to ensure the viability of industrial and semi-industrial fishing is to strictly adhere to scientifically sound sustainability principles, which include the enforcement of a sufficient IEZ and a system of quotas based on a fish stock assessment.
Section 2.b – Exemption of all APM Terminal and other Ports handling charges for fishing vessels below 500 gross tons, and 2.e – revision guidelines and fiscal regime for obtaining Fishery License.
We believe that these measures will prove to be a subsidy to foreign vessels and that they will have little or no economic significance for Liberia; We also believe these measures will likely open the door for undesirable operators who will be looking for new fishing opportunities when neighboring countries take measures to reduce overfishing in their waters or increase licensing fees.
With regard to the transfer of the interim overall responsibility for the Bureau of National Fisheries from the Ministry of Agriculture to the Liberia Maritime Authority (LiMA), we would have rather welcomed a swift approval of the draft Fisheries Act by the Legislature.
We would appreciate more information about the rational for this decision and the impact of it on other pieces of legislation. In our understanding the Ministry of Agriculture and LiMA have very different mandates, and the Natural Resources Law created BNF under MoA as the regulatory body for the fisheries sector.
Since 2015 the European Union has been cooperating with Liberia in the fight against illegal, unreported and unregulated( IUU) fishing. One of the problems identified during this dialogue was the fact that Liberia’s internationally operating fishing vessels and reefers are not controlled by the competent authority for fisheries.
While EO could be viewed as a solution to this problem, we do not believe it will solve the problem unless it is accompanied by real task allocation within LiMA.
The European Union looks forward to receiving more information so that it can judge the impact of the Executive Order on the fight against IUU fishing.
At the specific request of the Government of Liberia, the European Union has recently contracted a Technical Assistant to support the management of the Bureau of National Fisheries, amongst other things in the implementation of the Fisheries Act.
The opportunity and the Terms of Reference of this support will have to be re-discussed in light of the changes introduced by EO 84.
Moreover, the European Union has also committed to supporting the fisheries sector with EUR 7 million allocated under the EU-Liberia programme.
In light of the recent developments, DG DEVCO has confirmed that the delegation should put on hold the design of this programme until the roles and responsibilities, and the impact of EO 84 are fully clarified.
The European Union made these funds available on the basis of the 2015 Liberia food security assessment which found that more than half of the population still suffers from food security and that fish is the main source of protein in the country.
Our joint developmental objectives are put at risk by the relaxation of the sector governance introduced with the new Executive Order.
The European Union remains available to provide additional information and to continue the dialogues with the Liberia authorities. A meeting between the competent services of the EU (DG MARE) and H.E. the Ambassador of the Republic of Liberia to the European Union took place in Brussels on May 11, 2017.
The regular Joint Committee of the EU Liberia Sustainable Fisheries Partnership Agreement which will take place between June 7th and 9th in Brussels will provide and additional opportunity for dialogue.
The EU Delegation in Monrovia will also remain engaged in the process and will welcome any opportunity for further clarification with regard to our support projects, also in coincidence with the World Bank fisheries in country mission foreseen for May 17-24 in which we will be closely involved.
Please accept Madam President, the assurances of my highest appreciation.
Ambassador Tiina Intelmann
Head of Delegation, European Union
Monrovia, Liberia
The EU Ambassador’s letter has been bolstered by the London-based Environmental Justice Foundation which is warning the Liberian government risks undermining the country’s food security if it continues with its plan to allow industrial vessels greater access to fish in its coastal waters.
The group cautioned that about 65% of Liberia’s animal protein comes from the fishing sector; much of it from artisanal fleets.
“Reducing the exclusion zone would see an almost inevitable rise of competition from foreign industrial vessels fishing in coastal waters, and could put the livelihoods of the 33,000 people who rely on this industry at risk.
Moreover, as most foreign catch is exported overseas, the expected reduction in levels of fish being supplied to Liberia would threaten the food security of hundreds of thousands of citizens.”
The Sirleaf administration has been mum on the saga but a senior administration official speaking to FrontPageAfrica at the weekend acknowledged the issues raised by the EU are a concern but said more clarity would be forthcoming when the President returns to Monrovia Tuesday.
“When the President gets back those concerns raised by the EU will be addressed in totality. Some relate to the international shipping registry which are being addressed by our representatives in Brussels; and those that relate to EO 84 are also being addressed.
“We had a meeting on Wednesday of last week with the EU team and we are working thru those matters.
“The underlying concern of the reduction of the IEZ will be fully considered and measures will be put in place to ensure that there are: 1. No IUU, 2. No over fishing, 3. No destruction of the biomass, 4. No reversal of gains made by the GoL and its partners including the EU, and 5. Artisanal fishing is fully protected,” the source explained.
Zinnah Mute Amid Controversy
Dr. Zinnah has not responded to several phone calls and messages seeking comment on the matter but an aide did tell FrontPageAfrica that the letter of dismissal from the president was a generic one, citing a previous concern made by the president to the minister that she was unhappy with the slow pace of the agriculture sector with no mention as to what specifically led her to pull the trigger.
“Dr. Zinnah is confident in his performance and was not involved in any acts of corruption during his tenure,” the aide, speaking on condition of anonymity added.
Dr. Zinnah, was appointed in September 2015, succeeding Dr. Florence Chenoweth who succeeded Dr. J. Chris Toe.
Dr. Zinnah was among a group of six officials commissioned in April 2016 during which time President Sirleaf intoned that if the remaining 20 months are adequately utilized, the administration will end on a strong and positive note.
The President said the officials were taking up their posts at a crucial time, when they are going to face numerous challenges from both visible and invisible forces in the Liberian society.
“We have the confidence in your ability to stay focused and therefore we want your commitment to the country in order to make it a better place,” she said.
But with less two months to the start of the campaign period for the upcoming presidential and legislative elections and six and just eight months to the expiration of the Sirleaf administration, many political observers are unsure how much of an inroad Dr. Zinnah’s replacement can make in transforming the sector seen as crucial to Liberia’s immediate economic future.
His dismissal comes on the heels of the executive order and in the wake of the cloud of controversy surrounding the sudden decision to let him go.
Executive Order Use Critiqued
Some political observers are also questioning the timing of the executive order, coming less than a year before the clock runs out on the Sirleaf administration.
One legal expert explained that executive orders are usually aimed at circumventing the legislative branch of government.
The expert noted: “Under acceptable legal practice, an executive order is a directive handed down from a president without involvement from the legislative or judicial branches. Historically, Presidents have increasingly used executive orders to make policies that circumvent Legislative control except where they are constrained by Judicial Interpretations.”
The expert added: “Executive orders can be an essential tool for Presidents. However, there are fears that their increased use threatens the long-standing checks and balances set up in the Constitution. Under our current system of constitutional governance, the Legislature makes laws, the Courts interpret the law, and the President and the executive branch enforces the law.”
The expert continued: “Whenever the President issues an executive order, it really means one person is making a decision for 3.5 million Liberians, without the input of the legislature or Judiciary, and it can be just as easily changed by the next president with the stroke of a pen and no input from anyone else.
This simply means the President can avoid public debate and/or opposition to a policy. In the specific instance, the Ministry’s statutory authority and our legally established nautical mile are being circumscribed and negated by an executive order.
It has been well established in several Supreme Court Opinions that an Executive Order has the full force and effect of law for one year after its issuance even if not ratified by the Legislature.
We must therefore exercise great caution as we proceed to act during these final days of the administration.
The Liberian Populace and their representatives should remain vigilant where certain actions could potentially undermine the rule of law, sanctity of governance and the consolidation of our hard-earned peace.”