Thursday
February 25, 2016
- The continuing story of State House-endorsed
corruption. Who benefited from the collapse of the 28
million dollar World Bank-funded West Africa Regional
Fisheries Project? Why was this kept under wraps until
the World Bank representative blew the cover off?
It was a press statement on the State
House website titled "President receives Report on
Fisheries Project" that could well have alerted many to
a part of the goings-on at the country's ministry that
is responsible for marine resources. The report
delivered by one Dr Max Amadu Sesay revealed that indeed
investigations had been going on into a failed project
and this after one
Parminder Brar, World Bank Country Manager in Sierra
Leone told the press that for the past two years, a key
component in the fight against illegal fishing had been
rendered non-operational.
According to the Freetown-based
Concord Times news
outlet, some twenty eight million dollars spent on the
project had almost come to a grinding halt - not for 2
weeks, nor two months, but for two years and this under
the watch of the rat who knows all too well the amount
of revenue that could be derived from our marine
resources, even without the help of one Haja Enkincha.
"Before we started supporting the sector, there were 80
trawlers doing fishing [in the country’s waters]. When
we started that number was reduced to 30 because of the
Joint Management Centre (JMC) that we set up to monitor
illegal fishing,” said Brar, adding however that
currently, the number of foreign trawlers has increased
again to 80 and that there is 60% illegal fishing going
on in the country’s territorial waters."
Another factor was the collapse of the Joint Monitoring
Centre, which used to monitor illegal fishing activities
in the waters of Sierra Leone, he added and disclosed
that the JMC was destroyed by lightning some two years
ago.
“Currently there is no satellite and internet connection
at the JMC in Murray Town, and there are only three
staff there at the moment,” Brar told newsmen."
The State House press statement makes
interesting reading - "Presenting the report, Chairman of the Public Service
Commission Dr Max Amadu Sesay explained that the
commission carried out a comprehensive investigation
into the WARFP - from project inception, management and
coordination, procurement processes and consultancy
services, the contract award process, to the issue of
bank guarantee required by MFMR, assessment of the
consultant’s performance, and allegations of corruption
among others. This was achieved through robust evidence
gathering, he said.
Dr Sesay however noted that due to lack of real evidence
to corroborate most of the allegations of corruption, it
was difficult for the committee to recommend more severe
disciplinary action. The preponderance of the evidence
submitted instead points in the direction of weak
financial base of the contractor, poor financial
management by the contractor and poor contractor
performance and delivery."
This bit takes the cake and makes a
laughing stock of efforts to bring all those stealing
public money to book - "The inquiry unearthed evidence of management and
coordination problems with the project; a procurement
process that on paper appeared consistent with
established rules and regulations but was in actual fact
manipulated and orchestrated; contract award based on a
weak due diligence process that rendered the project
doomed to failure; of a contract awarded to a firm with
hardly a dollar of its own to undertake any form of
pre-financing as aspects of the contract required; and
of an unwitting confession by a ministry official of
seeking rent for manipulating procurement process in
favour of the successful contractor and providing
underhand services to the contracted firm,” he narrated.
He however noted that there was no real evidence to
corroborate the serious allegations of corruption, thus
making it difficult for the committee to recommend more
severe disciplinary action."
If the Public Service Chairman would
want Sierra Leoneans to believe that there were no paper
trails, no money trails that could have highlighted and
thrown the spotlight on individuals responsible for the
massive corruption that was going on with regards to
this project, what was he then reporting about? What was
his mandate? Protection of people who should have been
in court charged with thieving?
This again highlights the problems
Sierra Leone faces when it comes to bringing
perpetrators of corruption to justice more so when those
culpable have the protection of the smoke and mirrors
rat at State House. This is the kind of frustration
painted by the Auditor General in her report on
government finances for 2014.
She called on all responsible to take their national
duties seriously and act like people who love Sierra
Leone first.
She talks about "A slow response by
those charged with governance to our message of
embracing their responsibility to guide and direct the
development and performance of a strong system of
internal controls in ministries, departments and
agencies (MDAs). This includes improving their oversight
function, demonstrating effective and ethical
leadership, strengthening the audit committees and
insisting on credible and regular reports on the
finances and activities of MDAs. The action of the
executive arm of Government towards the implementation
of the recommendations in the report of the
Auditor-General, a report debated and approved by
Parliament, has not been very effective in achieving the
goals of improving public financial management reforms
in Sierra Leone. Therefore the incidences of financial
indiscipline continue to persist. The challenge we face
is that when our report is sent to Parliament our
elected representatives, meeting in committee, do not
always demand a full accounting from officials for the
issues raised."
That the Joint
Monitoring Centre was deliberately sabotaged, stabbed in
the back by people who stand to benefit from illegal
fishing in Sierra Leone waters should not come as any
surprise to those who have studied and know to what
extent State-House connected individuals can get to when
it comes to making money through corruption. Kindly
recall that even before the whole system was laid bare,
the international broadcaster
Al Jazeera did a
couple of programmes that tracked fishing vessels
operating illegally. In one of the films fish caught in
our waters were put in boxes that stated the country of
origin as China as they were meant for the EU market
with the EU becoming very strict on the waters from
which such marine products originated.
"The precious marine resources of some of the world's
poorest people are being targeted by industrial-scale
pirate fishing operations, to feed the seafood hungry
markets of Europe and Asia.
The problem is particularly acute in West African waters
where fish is a vital - and often the only - protein
source for millions of people.
In a special two-part investigation, People & Power set
out in 2012, to identify and expose some of those
involved in the multi-million dollar trade and to look
in particular at its consequences for the impoverished
West African nation of Sierra Leone. More than two years
later, in 2014, the problems are still the same, and now
Al Jazeera is re-airing the investigations.
In part one of Pirate Fishing, reporter Juliana Ruhfus
and producer Orlando von Einsiedel take to the seas off
Sierra Leone with an NGO, the Environmental Justice
Foundation (EJF), which has been trying to raise
awareness about the issue.
In a dramatic opening sequence they manage to catch two
South Korean trawlers in the act of fishing illegally
inside a coastal exclusion zone.
But contrary to
international maritime regulations, the trawlers have
covered up ship-board markings making it impossible to
determine their names and ports of origin. The vessels
refuse all their requests to stop and eventually make
good their escape.
What follows is a remarkable piece of forensic
journalism as the Al Jazeera team strives to track down
and identify the vessels. Along the way they investigate
disturbing allegations that the trade is flourishing
because of rampant local corruption, in which officials
are paid to turn a blind eye to the activities of
foreign trawlers. With their time in Sierra Leone fast
running out and the authorities seemingly reluctant to
help, it looks as though the two vessels might evade
justice."
Kindly read this view from one of the
film makers Orlando von Einsiedel - "Right from the start of this project, our ambition was
always to do more than just show that pirate fishing was
taking place in West African waters. We wanted to see
justice being done, to witness and film an illegally
operating trawler being apprehended by the authorities
at sea. But as a quick glance at a map will show, that
was going to be easier to wish for than to achieve. Our
chosen location, Sierra Leone, had many hundreds of
miles of coastline - a huge area for us to cover - yet
only a handful of small boats in private hands with the
range and speed to do the job effectively.
We also
realised, early into the shoot, that our presence was
not universally welcomed and that there were plenty of
people with an interest in allowing pirate fishing to
continue unhindered.
Fortunately the NGO we were working with, the
Environmental Justice Foundation, gave us access to
their small but fast new patrol boat. With a ministry of
fisheries representative, Victor Kargbo, on board (he
had the authority to stop and board an illegal vessel if
we found one), we were all set to go.
On our first day out at sea we received a tip
off about two trawlers fishing illegally within the
Inshore Exclusion Zone a few miles away. When we
actually came across them, one of the things that really
struck me was just how brazen they were. I could not
believe how little respect they had for the rule of law
or for the livelihoods of the local fishing communities
they were destroying. They had deliberately covered over
their shipboard markings (name, number and port of
origin) to make identifying them very difficult and they
ignored all of Kargbo's radio attempts to get them to
stop. In fact, the crew members we could see on board
just laughed at him. Their disdain was obvious and they
clearly felt confident that they would get away with it.
Such a level of ambivalence towards a country's laws
only comes about when you are certain that there will be
no consequences."
The main beneficiary of this illegal operation that
allows foreign trawlers to operate with impunity are not
only the trawler agents, the Marine Resources ministry
but the country from which the thieving trawlers come -
South Korea. Many years ago, during the reign of the one
Siaka Probyn Stevens even he was left open mouthed when
he was given a helicopter ride to see just how much
illegal fishing trawlers were in our waters. Those were
the times when the Russian-associated trawlers were the
main rogues. North Korea too was busy dredging the
waters of West Africa with the Guinea authorities
shooting to bits trawlers that refused to stop when
ordered.
And the new pirate and thief on the
block?
South Korea - and did we hear we have
an embassy there?
This is a
part of the report
which shows just how exasperated EU authorities were
over the illegal fishing activities of South
Korean-associated fishing trawlers. In a report dated 21
April, 2015 headlined "EU removes South Korea from list
of those failing to combat pirate fishing", we find -
"The European Commission today lifted the threat of trade
sanctions against South Korea, removing their previous
‘yellow card’ warning to improve efforts in combating
Illegal, Unreported, Unregulated (IUU) or ‘pirate’
fishing.
This delisting follows a series of measures taken by
Korea to proactively prevent, deter and eradicate pirate
fishing since the EU warning was issued in 2013.
From 2010 to early 2014, the Environmental Justice
Foundation (EJF) documented a large number of
Korean-flagged vessels operating illegally in West
Africa, particularly in Sierra Leone where EJF operates
a community surveillance project to report IUU fishing
activities in the inshore areas reserved for local
fishers. EJF’s evidence contributed to the 2013 decision
by the European Union to warn Korea that it faced trade
sanctions if it did not improve fisheries management."
Steve Trent, Executive Director of EJF, said:
“Korea’s efforts to stop illegal fishing are
unprecedented in the region and demonstrate a clear
intent to deliver national and international leadership
to combat IUU fishing which devastates marine
environments, biodiversity, fish stocks, livelihoods and
food security.
Flag States need to maintain a firm grip on their
distant water fleet, and we hope that other States will
follow Korea’s lead. The actions taken by Korea since
2013 clearly demonstrate the global impact of the
proactive steps taken by the EU and European Commission,
through the EU IUU Regulation, to drive out pirate
fishing from global supply chains.
In the last 12 months Korea has taken huge strides away
from poor performance to becoming a leading nation in
the fight against IUU fishing with innovative and
deterrent measures. The Korean industry, in particular
Korean fishing vessel operators, must match the
intention of their Government, make sure they abide by
the law and become an exemplary distant-water fleet.”
South Korea's reputation when it comes
to illegal fishing is well noted as found in
this report as to
why it sent medical teams to Sierra Leone during the
Ebola Virus Disease outbreak.
“Seoul’s investments
in the region have also been tempered by a number of
miscalculations. While a protracted dispute with the
Nigerian state-owned oil company NNPC served as a stark
illustration of the challenges of contract sanctity, the
controversy that erupted in the wake of Daewoo
Logistics’ attempt to secure vast tracts of agricultural
land in Madagascar resulted in a backlash against the
country’s Africa strategy.”
Perhaps more significant is the backlash Korea faces
over its involvement in illegal fishing within the
region.
According to the Chatham House report: “Fishing is the
lifeblood of countless coastal communities in West
Africa. However, illegal, unreported and unregulated (IUU)
fishing has become a serious impediment to the economic
development of many states in the region; for example,
it is estimated to be costing the impoverished state of
Guinea alone $110 million annually, and thousands of
potential jobs. Most West African governments lack the
capacity and resources to tackle this scourge
effectively, and foreign vessels are taking advantage of
these limitations. South Korea is increasingly being
implicated as a lead villain in the growing controversy
over IUU fishing in West Africa, and has recently also
been castigated for its role in dubious fishing policies
in waters in East Africa and off the coast of Puntland.”
And while it accepts “[t]he much-maligned fishing
practices of South Korean vessels in SSA (sub-Saharan
Africa) may stem from the fierce competition for marine
resources that exists in East Asia…they have irrefutably
gained a reputation for particularly aggressive and
opportunistic fishing policies in West Africa.”
Such enmity not only arises from the October 2013
transfer of some 4,000 boxes of illegally caught fish
from Sierra Leone’s waters into the South Korean port of
Busan, South Korean-flagged ships have recently been
detained and charged in Liberia for fishing without
valid licenses.
The Korean illegal fishing operations in the region are
“considered to be extremely well organized” with the
industry enjoying “significant political leverage
through the use of politically connected agents,
particularly in Guinea.”
The Chatham House report also indicates the South Korean
ships have been identified as “the key culprits in
illegal fishing both inshore and deep offshore in West
Africa, and are now viewed as being the main aggressors
by fisheries authorities in the region – particularly in
the inshore coastal waters between Ghana and Guinea.”
South Korea’s involvement has become so severe that last
November the EU issued a “yellow card” to Korea for
falling short of its obligations in the fight against
such practices. Korea’s failure to ensure the
implementation of fishing policy reforms could see the
EU forbidding its 28 member countries from importing
fish from South Korean vessels, a trade worth around
$100 million a year.
Sierra Leone can perhaps learn from
how seriously Ghana takes it monitoring programme. This
website tells all - "West
Africa Regional Fisheries Programme For Ghana"
Interpol the international police
network has this bit in relation to
corruption in the fishing industry
- "INTERPOL is well placed to assist countries in
facilitating law enforcement efforts to communicate,
investigate and respond. Existing INTERPOL tools and
services such as I-24/7 - the secure global
police communications system - notices, and capacity
building for law enforcement, as well as
initiatives such as the National Environmental Security
Task Force (NEST) and the Fisheries Crime
Working Group, have proven ability to assist countries
in enhancing their response to fisheries crime.
3. Links to Other Crime Types -
3.1 Corruption -
Corruption is a significant aspect of fisheries crime in
the West African region that enables illegality in
the fisheries sector and undermines the rule of law.
Its effects on public trust in government and lost
revenue for the state mean that its impacts are more
likely to extend beyond the fisheries sector than
the impacts associated with other criminal activity.
Throughout the course of this case study, a significant
portion of the experts consulted cited some
form of corruption as being a contributing factor to
fisheries crime in the region. The corruption cited
took several forms and affected different countries in
different ways, but it appears that corruption is a
contributing factor and must be taken into account in
any course of action to address fisheries crime.
This is in line with the majority of assessments of
governance and law enforcement in the region.
There are three main forms of corruption that affect the
fisheries sector in West Africa. It is important
to reiterate that not all of these forms were mentioned
as issues in every country included in the study,
but the different types were mentioned with enough
frequency that they warrant mention.
The first form is bribery of field-level law enforcement
officers. This may occur unsolicited if a
violation has been identified on board a vessel or in a
port facility, or it may be solicited by the officer
to avoid an inspection altogether. This is a significant
issue for all types of law enforcement in many
countries where pay is low and/or sporadic and personnel
are poorly trained and equipped for their
jobs.
The second form involves the issuance of fishing
licences and may occur at middle or high levels of
fisheries authorities. As discussed in the section on
licensing abuses, the lack of transparency on what
companies, individuals, and vessels have been issued
licences in a given country means that public
accountability for the management of fishery resources
is extremely limited. There are accusations that
licences are issued based on bribes to issuing
officials.
This diverts money that should go to the
state
into the hands of individual government officials. It
also possibly results in the issuance of more
fishing licences than are sustainable for certain
waters, however this is hard to evaluate due to the lack
of transparency of licence lists in most countries.
This situation is exacerbated in countries that require
the use of local “fishing agents”. In some
countries in the region, the law requires that any
foreign company or individual wishing to apply for a
permit from the government use a fishing agent who will
make the application to the government on
behalf of the company or individual. The agents then
make use of personal contacts within fisheries
administrations to arrange licences. As discussed in the
section on licensing abuses, there are reports
that agents in several countries have produced
fraudulent licences that lead to the detention of
vessels
and fines for vessel operators after fishing activities
have begun.
The third form of corruption pertains to investigations
and fines for illegal activities under the purview
of fisheries administrations. When the operator or owner
of a vessel is accused of committing a
violation of fisheries laws or regulations, there is an
expectation of due process whereby the facts of
the case are reviewed by an independent party and then a
penalty is assessed if appropriate. In some
countries, this occurs within the judiciary or some form
of administrative court. However, there are
accusations that operators are paying fines set by
fisheries authorities without independent review, and
funds from these fines are not properly accounted for by
the competent authority and may constitute
bribes to officials or be accompanied by side payments
for reduced penalties.
As in the case of the
licence lists, increased transparency in the assessment
and levying of fines or other punishment would
significantly decrease the perception of corruption
surrounding illegality in the fisheries sector.
While the forms of corruption alleged may appear
specific to the fisheries sector, they are merely
facets of universal corruption which affects all regions
and all levels of society. It also undermines
political, social and economic stability and may be
closely linked to organized criminal activities."
(All pictures are from the
Al Jazeera films)
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