By Assan Bah
The National Assembly of the Gambia on Saturday, 19 October, 2024 ratified and adopted the Memorandum of Understanding (MOU) on Circular Migration between the Kingdom of Spain and the Republic of The Gambia.
The motion which was tabled by the Minister for Trade, Industry, Regional Integration and Employment, Baboucarr O. Joof, is aimed at providing a legal path way for Gambians wishing to seek seasonal employment within the Kingdom of Spain.
This MOU, according to the Minister, is in line with government’s objective of creating employment opportunities for Gambians within and outside the country to reduce unemployment and underemployment.
He said Spain is one of the favourite destinations where many Gambians travel to in search of greener pastures. “During the recent past, many Gambians have embarked on the risky and perilous journey to get to Europe and many more remain willing and ready to do so despite the existential dangers associated with such journey.
He said: “In view of the reality, in addition to the long standing cordial relations between the Kingdom of Spain and the Republic of the Gambia, the two states recognise the need for closer collaboration in the field of manpower management to promote mutual interest and benefit.”
He said in the spirit of strengthening the friendly relations between the two nations and the need to address migration issues of common interest and concern, it was proposed that the two nations sign an MOU on circular migration starting with a pilot project to recruit workers from the Gambia to work in Spain for a period of one year.
He said the framework of the agreement is for an initial period of one year and could be extended for a period considered appropriate by both signatories.
“This MOU aims to promote the recruitment of manpower in a manner that realises the interest of both countries. The framework agreement is for the initial period of one year, but it may be extended if an appraisal of the first shows that both sides are willing to have an extension,” he said.
He however said the MOU is not legally binding and therefore shall not give rights or obligations to either party under any international law.
The minister further said: “Workers recruited under this MOU will be issued employment contracts with clearly specified contract durations which compel them to sign up before departing.
He added: “A four year temporary permit shall be issued to successful candidates for this purpose and will be tied to the employment contract.”
He said workers recruited will be required to make formal undertakings to return to their country of origin upon the expiry or the termination of their employment contracts.
He further said: “This MOU will pave a pathway for Gambians to work in the kingdom of Spain as one of the favourite destinations for many of our young people seeking employment abroad.
He said: “This framework will provide opportunities for these young Gambians to legally travel and work in the Kingdom in a manner that addresses the pervasive phenomenon of irregular migration which is of interest to both the two countries. And it will further our collective efforts to combat the menace of irregular migration and mitigate its negative impact.
He said the successful implementation of the MOU will complement government’s efforts in attaining its one hundred and fifty thousand (150, 000) jobs target of the National Employment Policy and Action Plan 2022 – 2026 amongst other strategies that the ministry had develop.
The Minister reported to the Assembly that there is no financial obligation or implication on the part of the Gambia government in the implementation of the MOU, as he said, the Kingdom’s [Spain] authorities have expressed their desire to fully fund all activities involved in the recruitment process.
On the implementation of the MOU, he said: “The Ministry of Trade, Regional Integration and Employment of the Gambia and the Ministry of Inclusion, Social Security and Migration of the Kingdom of Spain will coordinate the implementation of the MOU through their respective departments or units and in collaboration with their respective Ministries of Foreign Affairs and Embassies.
“Recruitment of workers will be done through registered and licenced private agencies under the supervision of the departments of labour, employment management services units.
“As part of the implementation of the MOU, we shall leverage the expertise of the multi stakeholder technical committee established for monitoring the implementation of the MOU of the bilateral labour agreement with the Kingdom of Saudi Arabia and other territories as well as this MOU. This committee comprises government institutions, private sector players, CSOs and private recruitment agencies.
While seconding the motion, Honourable Billy G. Tunkara, the Majority Leader and Member Kantora for Constituency urged all prospective candidates to serve as good ambassadors for the Gambia and make sure they do not break the laws of the recipient state.
Debating on the motion, National Assembly Member (NAM), for Wulli East, Honourable Suwaibou Touray, said while the MOU will benefit both the Gambia and the Kingdom of Spain, the worker will gain more because they will be paid more and learn skills that they can utilize back home.
He said: “Spain will benefit because they need workers. Irregular migration is a big concern in this country as many are dying on their ways to Europe. I believed this MOU will be minimising the dyeing of youth in the sea.”
He did, however, voice concerns about the remittance issue, stating that many Gambians living overseas transfer millions or billions to the Gambia, and said he is concerned about how these remittances are managed. He believed that the country could benefit from these remittances.
He said: “We must use migration as a tool to develop the country.”
The NAM for Sami constituency, said: “Migration is an issue in Africa and the Gambia in particular. We have lost most of our youth through irregular migration in recent years.”
He called for adequate sensitization with regard to the shortlisting of prospective migrants.
He added: “We are told that there will a shortlisting of these workers, this is where foul play comes sometimes. The responsible authorities should always do it appropriately. Hence it is indicated that it is free of charge. People must know about this.”
On his part, the NAM for Jeshwang constituency, Sherrif Sarr called on authorities to thoroughly screen individuals going, stating that this chance should not be taken for granted.
Hon. Samba Jallow, NAM for Niamina Dankuku constituency, urged all prospective candidates to return home after the expiry of their employment contracts and not to sneak to their relatives in Spain. As he said that might jeopardize the MOU and would therefore deny others the opportunity.
Jarra Central constituency NAM advised the Ministry and the department of Labour to be vigilant during the recruitment process and challenged his colleagues to sensitize their constituents on the MOU to avoid absconding when selected.
Hon. Sainey Jawara, Member for Lower Saloum constituency, said: “There must be conditions attached to this to stop people absconding. We do not want our youth to go to these countries and stay there forever because we want them here to help in the development of the country.”
The NAM for Busumbala constituency, Hon. Muhammed Kanteh, called for the establishment of local factories, arguing that, “exporting our young people abroad has a detrimental effect on the population of the nation. These young people are the nation’s workforce and will be recruited for this program.”
He said: “Pursuant to Article 2.c) of act 25/2014 of the Kingdom of Spain, of 27 November, on treaties, this MOU shall not give rise to international obligations nor it is governed by international law, as its legal status is that of an ‘international non-binding agreement.’
He added: “Considering the fact that the Gambia is a party to the International organisations and had also ratified conventions, protocols on international conventions on the protocol right of … migrants. This provision is trying to deprive our brothers who will be working in Spain of rights.”
Hon. Almameh Gibba, Member for Foni Kansala Constituency asked, “How will the remittances sent to The Gambia by these workers be managed or utilised for National development? Is there any plan for these remittances?”
“Would there be any scheme to encourage investment and entrepreneurship amongst these workers? After one or two years of their service, will there be any scheme developed for these workers?
He called for the decentralisation of the selection process arguing that every part of the country should benefit from the scheme.
Hon. Alhagie S. Darboe, the Minority Leader and NAM for Brikama North, called for the firm supervision of the recruiting agents saying the contract they sign should be implemented to the latter not anything else.
He asked: “Will the number to be captured in this project commensurate with the number that attempt the ‘back way’?”
Responding to the concerns and questions raised by the various NAMs
On the issue of remittances
He said: “The Gambia government has established a Diaspora Affairs unit and developed a product at the Central Bank of the Gambia to attract diaspora funds, allowing them to invest in the economy and stimulate the construction industry, thereby attracting extra savings. Remittances primarily come from the construction industry, attracting workers such as carpenters, masons, painters, plumbers, electricians, drivers, and sand dredgers.
“The greatest inducement or incentive for those participating to return to the country is the fact that after only four years in Spain, one will have a chance to have permanent residency which is unprecedented.
On the issue of the international law raised by the Hon. Member for Busumbala Constituency, the Minister, said, “We saw the said paragraph and we studied it and look at it. Because the international labour conventions also being administered by the same people include the provisions on ILO conventions. Spain as a country is part of the European Union and is bound by obligations under the European Union.
He clarified that, they are not using this bilateral agreement as a substitute to their obligation as a government to provide jobs in the country.
“This isn’t our approach. We also have other user-friendly strategies, such as the Senegambia corridor, which aims to create over 90,000 jobs. This is in response to an uncontrollable phenomenon. As a result, we wish to make migration as easy as possible. The government oversees and keeps an eye on them,” he clarified.
After the deliberations and considerations, the assembly ratified the Memorandum of Understanding (MOU) on Circular Migration between the Kingdom of Spain and the Republic of the Gambia.
