The Government’s plans to issue licences to Indian fishermen to enter Sri Lankan waters in a bid to control poaching by Indian fishermen has sparked controversy in the North, even though the move is still in the discussion phase. This week, quoting those opposing this move, foreign media outlets claimed that Northern fishermen see this move as a “serious setback” to their almost 15-year-long struggle, while Northern politicians too share a similar opinion about the matter. This opposition comes following Foreign Affairs Minister President’s Counsel M.U.M. Ali Sabry claiming in Parliament that the Government is holding talks on the abovementioned licencing system, which is said to have been proposed originally by Indian authorities.

While how effective, fair, and long-term this move is as a solution to the brewing conflicts between Indian and Sri Lankan fishermen remains to be seen, there are a number of positive aspects to it. However, it all depends on how well-planned this licencing system will be and whether the authorities and the fishermen of the two countries would stick to it. 

As per reports, the number of Indian boats that enter Sri Lankan waters illegally is as high as 3,000-4,000 per day, and it is a fact acknowledged even by the Government that Sri Lanka does not have sufficient resources or military or political power to stop it completely. Although talks were held between the two countries for over a decade, some plans never materialised and the plans that were put into action have not resulted in tangible outcomes. That is why the proposed plan, which aims at controlling, monitoring, and regulating Indian fishermen, sounds more sensible. While there may be different views about compromising on Sri Lanka’s stance regarding poaching in Sri Lankan waters, there are several advantages of such a compromise.

As was noted, at present, Sri Lanka has little control over Indian fishermen who poach in Sri Lankan waters. Although the Navy has rendered a considerable contribution to stop it, the number of Indian fishermen that get arrested is significantly less than the total number of fishermen that enter Sri Lankan waters. Therefore, this move will provide Sri Lanka with considerable control over such fishermen, which is better than not having any control at all and will bring the conflicts between the two parties to an end.

In addition, this licencing system, applicable taxes, and also fines imposed for any infractions by Indian fishermen will help Sri Lanka earn some additional income. In the long run, if Sri Lanka could develop Naval infrastructure facilities in the North, the country would also be able to earn more through the provision of goods and services to Indian fishermen.

However, it is of paramount importance that both Sri Lanka and India agree upon each party’s roles, responsibilities, and powers. On the one hand, India has a responsibility to use this opportunity responsibly by ensuring that only the permitted number of boats or fishermen enter Sri Lankan waters and that they adhere to the agreed-upon rules. On the other hand, the Sri Lankan authorities should have the power to monitor and control the access to and activities in Sri Lankan waters. This sharing of power and responsibilities should particularly focus on preventing Indian fishermen’s use of fishing equipment that has been banned by Sri Lanka.

These are the pros of the proposed system. However, those aspects alone do not warrant this system, as the Northern Sri Lankan fishermen have questions that are yet to be answered. In the event this system is implemented, both Governments should prioritise the Sri Lankan fishermen of the North. That is not to say that the applicable rules and regulations should be unfair to Indian fishermen, but, the interests of the Northern fishermen should not be affected by the proposed plan and they should have a say in all pertinent decisions. Ultimately, it is the  Northern fishermen who will have to deal with the direct impacts of this plan. The nature and gravity of the impacts of allowing Indian fishermen to fish in Sri Lankan waters, how marine resources in the area could be fairly shared between the two parties, what sort of fishing activities should be allowed or banned, and to what extent Sri Lanka could compromise its stance are all concerns of these Northern fishermen. In this process, Sri Lanka could obtain the assistance of international actors and learn from the experiences of foreign territories that have shared maritime resources.

Above all, both parties have a responsibility to ensure that the final decision in this regard is taken based on scientific, social, and economic factors, not political views, baseless nationalistic ideologies, or perceived threats to the sovereignty of the two countries.