Tuesday, September 22, 2020

The Right To Hot Pursuit

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The incursion made by Senegalese forces into Gambian has been a subject of public discussion. The porous Gambian border with its only neighbour has been difficult to patrol and secure. Recently forces from Senegal had crossed the border in hot pursuit of individuals thus leading many Gambians to question the ability of the Government to protect the territorial integrity and sovereignty of the Country. Yesterday deputies at the National Assembly did take the Minister of Defence to task on the border incursions. He made it clear that the Barrow administration has been negotiating with the Senegalese forces on such matters and two agreements dated 4th March 2017 and 12th September 2018 are under review by Gambian security experts pending finalization on content before submission for ratification.

Hence no incursion had been authorised by any instrument signed since the commencement of the Barrow administration.

The Senegalese authorities should therefore note that under the Constitution of the Republic of the Gambia, the President is allowed to negotiate and sign international agreements but cannot conclude the negotiation unless the agreements are ratified by the National Assembly. Hence, unless the instrument of ratification is exchanged, no signed agreement could be legally binding and enforceable.

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