By Michaella Faith Wright
Legal practitioner Essa Faal has stressed that the ongoing land dispute involving protected areas in The Gambia is not merely an environmental issue, but a matter of land ownership, legal authority, and the exercise of state power. Speaking on Coffee Time with Peter Gomez, Faal sought to correct public misconceptions and criticised the government’s handling of the situation.
“This is not just about trees or wildlife, it is about land ownership, authority, and the responsibility of government institutions,” he said, cautioning against sensationalism. While commending Malagen for uncovering the story, he added that they “could have done a much better job” by grounding their reporting more firmly within the legal framework.
Faal explained that protected areas are not defined by physical features or activities alone, but must be established by law. “A protected area is established by law, through a lawful exercise of state power after necessary consultations,” he said, adding that such areas must be officially gazetted by the relevant Minister.
He noted that although The Gambia began expanding protected zones as far back as 1995, the Wildlife Conservation Act was never updated, nor was a new legal notice issued. Referring to land at the Kobo Coast, he stated that the 800-metre stretch from the watermark is legally under the jurisdiction of the Gambia Tourism Board. “If the Minister wants to place an encumbrance on that land, a new law is required,” he concluded.
