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Low blows on the high seas

19 Oct 2021

  • Tensions rise between Lankan and Indian fishermen as lines tangle
BY Sumudu Chamara While high-ranking officials and leaders of India and Sri Lanka are holding discussions to strengthen ties between the two countries, tensions between the northern part of Sri Lanka and the southern part of India show signs of intensifying. While it was initially merely a matter of poaching and violating maritime boundaries, it is now a matter of violent activities such as damaging properties and assaulting fishermen. To show disapproval over this situation, on 17 October, north-based fishermen launched a large-scale protest with around 1,000 boats in the sea area extending from Mullaitivu to Point Pedro. The protest was also attended by several north-based politicians. One of the major concerns they had was the alleged inaction on the part of Fisheries Minister Douglas Devananda in addressing this long drawn out issue. In addition, some fisheries groups also criticised the lack of action on the part of the Navy, claiming that only 0.3% of the trespassing trawlers are apprehended by the Navy. Present situation Even though disputes and conflicts between the fisheries communities of the two countries, predominantly due to poaching by both sides and violating agreed-upon international maritime boundaries, have existed for decades, in the past few months, it has worsened to an unforeseen level, according to fishermen and north and east-based politicians. According to the National Fisheries Solidarity Movement (NAFSO), a leading organisation working with Sri Lanka’s fisheries community, the issue of Indian fishermen entering Sri Lankan waters has significantly increased in the recent past, and the authorities therefore need to take immediate action to address this issue. Stressing that the situation has to be dealt with while taking into account the fact that fishermen of both sides are merely trying to make a living, NAFSO People’s Dialogue for Peace and Sustainable Development National Co-ordinator and North and East Co-ordinator Anthony Jesudasan condemned certain Indian fishermen resorting to violence and using equipment that damage marine resources. Stressing further that this situation seems to be reaching an unmanageable situation, and that the authorities should therefore prevent the occurrence of such, Jesudasan explained: “During the past two months, incidents of Indian fishermen poaching in the eastern and northern parts of the island in areas that belong to Sri Lanka as well as damaging Sri Lankan fishermen’s equipment have increased. There were instances where Indian fishermen came as close as 200 to 300 metres to Sri Lanka. On 9 October, the fishing nets of around 15 fishermen had been destroyed in the Vadamarachchi area in Jaffna. Indian fishermen are normal fishermen, even though their boats are owned by Indian politicians and businessmen. They are usually forced by the owners of their boats to enter Sri Lankan waters and poach.” He added that illegal poaching is not the only issue caused by Indian fishermen, and that the incidence of damaging Sri Lankan fishermen’s equipment is also on the rise. Further, he revealed that last week, an incident where Indian fishermen attempted to physically assault Sri Lankan fishermen in the seas off Jaffna was reported. “This situation has to be addressed before the conflicts worsen. The implementation of the existing legal provisions is what is lacking, and that is also what we are basically demanding from the relevant authorities. We are of the opinion that no issue whatsoever should arise between people working in the same field; however, if not addressed, the present situation could escalate and cause a much bigger issue,” Jesudasan said. With regard to the protests held on 17 October, Jesudasan added that even though the objective of these protests is important to the fisheries community, the community remains sceptical as to whether these are aimed at gaining political advantages as they are led by politicians. He stressed that the fisheries community’s issues should not be politicised and that their inputs should be taken into consideration before taking action regarding their issues.   Govt. response and laws When questioned about the Government’s response regarding this matter, Jesudasan expressed that even though a number of discussions were held with officials representing the Government, thus far, actions have not been taken to provide a solution or to take concrete actions in this connection. He noted that even though several high-ranking Indian officials visited Sri Lanka during the past few months, Sri Lankan fishermen have not heard of any progressive steps taken or discussed during these meetings.   He noted: “We have held discussions with Devananda on several occasions, and in December 2020, when protests were held with regard to this issue, he stated that this is a trivial matter and that actions would be taken to address it effectively. However, so far, no action has been taken. The Sri Lankan authorities apprehending a small number of Indian boats due to pressure from fisheries communities, is not enough as Indian fishermen enter Sri Lankan waters in the thousands.”   Although The Morning attempted to contact Devananda and his Ministry to inquire about any steps that are being planned or taken in this connection, they were not reachable for comment. However, early this year, Devananda appointed a three-member committee comprised of senior public officials to hold discussions with Fisheries Ministry officials, Fisheries and Aquatic Resources Department officials, members of fisheries organisations, as well as Sri Lanka’s Coast Guard personnel, in order to obtain recommendations to prevent Indians violating the Sri Lankan maritime boundaries. This was after four Indian fishermen died after their fishing trawler collided with a vessel belonging to the Sri Lankan Navy. With regard to solutions expected from the authorities, Jesudasan said that there are two acts that contain legal provisions to address the situation to a certain extent, namely, the Fisheries (Regulation of Foreign Fishing Boats) Act No. 59 of 1979 as amended and the Fisheries and Aquatic Resources (Amendment) Act No. 11 of 2017 as amended. He stressed that Sri Lanka’s fisheries community requests that the two said laws as well as any other law that could help manage the situation, be enforced, and that the Navy be given more power to prevent these frequent violations of Sri Lanka’s maritime boundaries. In 2017, Sri Lanka banned the fishing practice known as “bottom trawling” and imposed fines and prison terms for those who violate this law. This was viewed as a law that curtails illegal fishing activities by Indian fishermen, who are known to use this method more often and in Sri Lankan waters. In 2015, Tamil National Alliance (TNA) Parliamentarian President’s Counsel M.A. Sumanthiran presented a Private Member Bill in Parliament seeking a ban on this practice.  The Fisheries and Aquatic Resources Act as amended prohibits any person from using, possessing, importing, transporting, purchasing, or selling any bottom trawl net to be towed by a motorised or mechanised fishing boat for the purpose of carrying out fishing operations in Sri Lankan waters. Furthermore, it prohibits the issuance of any licences for the same, and the renewal of any licence already issued.    Jesudasan added: “To get some kind of relief, Sri Lanka’s fisheries community is planning to seek the Supreme Court’s assistance with regard to the authorities’ failure to implement the legal provisions of the two said laws and that they be strictly implemented. For this purpose, we are currently collecting fishermen’s statements. In addition, the fisheries community is planning to hold regional-level protests in Jaffna, Mannar, Mullaitivu, and Kilinochchi next month, expressing their opposition and demanding swift action from the Government.” India’s situation Meanwhile, tensions regarding the violations of maritime boundaries have intensified in India as well. The Hindu, on 15 October, reported that Tamil Nadu (TN) Chief Minister M.K. Stalin had written to Indian Prime Minister Narendra Modi, urging that the latter intervene to secure the release of 23 Indian fishermen who are currently in Sri Lanka’s custody for allegedly violating international maritime boundaries. Stalin had, in his letter, condemned the Sri Lankan Navy that apprehended the Indian fishermen, and had urged Modi to direct the Union External Affairs Ministry to discuss the matter with the Sri Lankan authorities. Quoting an official release, The Hindu further said that Stalin had requested that Modi secure the release of the said Indian fishermen as well as their boats. Through the letter, Stalin had also said that the recurring arrests and assaults against fishermen by the Sri Lankan Navy were a “disturbing trend” and that Modi should try to find ways to achieve a permanent solution to the issue. The fishermen in question, who had set off from the Nagapattinam fishing harbour in Tamil Nadu, on 13 October, had been apprehended by the Sri Lanka Navy. The Hindu reported that the fishermen, at the time of the apprehension, had been fishing in the “traditional fishing area” near Point Pedro, and that after the arrest, they had been taken to the Karainagar Naval Base. Maritime boundary disputes  Disputes pertaining to maritime boundaries, especially due to economic reasons, both between India and Sri Lanka and in the world, are not only persisting, but are increasing, according to researchers and experts in the field. According to a publication titled “Maritime boundary disputes: What are they and why do they matter?” published by Andreas Østhagen of the Fridtjof Nansen Institute, Oslo, Norway, maritime boundary disputes are acquiring rising importance for states as human interactions with the ocean space are becoming ever more intense and complex, and exogenous and endogenous changes are underway in the maritime domain. He added that changes deriving from resource pressures, international commodity prices, and new technology, are exogenous to the oceans, driven by economic developments. The publication added: “Rising sea levels and other ocean-related changes resulting from climate change, and changing resource distribution, are endogenous to the maritime domain, with a specific geographic component. Disputes over maritime boundaries, access rights, and the interpretation of legal treaties or the United Nations Convention on the Law of the Sea (UNCLOS) have been left unresolved for decades, and these are now being brought to the agenda by the mentioned trends, at times even leading to direct clashes at sea between the involved states.” With regard to the India-Sri Lanka fisheries dispute, in an article titled “The India-Sri Lanka fisheries dispute: Creating a win-win in the Palk Bay”, Madras University Centre for South and Southeast Asian Studies Founding Director and Senior Prof. V. Suryanarayan identified several key issues, namely, the sovereignty of the Katchatheevu Island, and poaching and trawling. To deal with the issues pertaining to the Katchatheevu Island, he claimed that there are two courses of actions, namely, getting back the Katchatheevu Island on a “lease in perpetuity” basis or permitting licensed Indian fishermen to fish within a designated area in the Sri Lankan waters and vice versa. He added that while the first action would allow Sri Lanka to maintain the ownership of Katchatheevu but give back the island on a lease in perpetuity basis, so that Indian fishermen could continue to fish in and around Katchatheevu, the second course of action would persuade Colombo to permit licensed Indian fishermen to fish in Sri Lankan waters for five nautical miles from the International Maritime Boundary Line (IMBL). With regard to poaching, he proposed further limiting the days, time frame, and location for fishing and an immediate end to bottom trawling through increased dialogue between the two countries. He further prospered to the Indian Government that action should be taken immediately to end the use of mechanised trawlers within one year, and that the Indian Government should implement a buy-back arrangement as soon as possible. The unfortunate truth, as pointed out by fisheries groups, is that strengthening and creating ties between India and Sri Lanka seems to focus more on economic, cultural, and scientific areas. Even though the matter of Indian and Sri Lankan fishermen violating maritime boundaries has been discussed between the two countries, the present situation raises concerns about the success of those discussions or the implementation of the decisions reached at those discussions.  The question the authorities must ask themselves is whether the two countries can actually strengthen their relationship through various partnerships while letting their people clash and be subjected to legal action by the said two countries.


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