Sunday, 10th August 2014
- Sri Lanka, Tamil Nadu entangled in the net of Katchatheevu issue
By Camelia Nathaniel
While the issue of Indian fishermen encroaching on Sri Lankan territorial waters has continued for years giving rise to many disputes between Sri Lanka and India, especially the Tamil Nadu government, no conclusive solution has been reached as yet.
The Chief Minister of Tamil Nadu Jayalalitha Jayaram has constantly been on the warpath against Sri Lanka due to the arrest of Indian fishermen who encroach on Sri Lanka’s territory. In a memorandum to Prime Minister Narendra Modi dated June 3, 2014 on the Indian fishermen’s issue, Jayalalitha claims that during the past three years, she has written 41 times related to 76 incidents of apprehension and 67 incidents of attacks on or harassment of the Tamil Nadu fishermen by the Sri Lankan Navy to the then Prime Minister.
She claims that these incidents have caused great unrest amongst the fishing Community of Tamil Nadu and that such incidents are a national issue as any attack on an innocent Indian is an attack on India.
However she claims that in spite of her constantly drawing the attention of the Indian authorities to this issue, no solid action had been taken.
Although several discussions were held between the delegates and fisheries authorities on many occasions, these meetings have not yielded any progressive results. Jayalalitha, however, charges that the reason for the breakdown of the second round of talks between the fishermen of both countries on May 12, 2014 were mainly due to the obduracy of the Sri Lankan Foreign Ministry officials.
Meanwhile in her memorandum Jayalalitha also calls on the Indian Prime Minister to retrieve Katchatheevu and restore the traditional fishing rights of Tamil Nadu fishermen. The Chief Minister pointed out that as per agreements entered into in 1974 and 1976, Katchatheevu was ceded to Sri Lanka and the fishermen of Tamil Nadu have been deprived of their fishing rights around Katchatheevu ever since then.
Lease of Perpetuity
In 1991, the Tamil Nadu Legislative Assembly passed a resolution seeking the restoration of Katchatheevu Island and the sea area adjacent to it to India. Further, a proposal was sent to the Government of India in 2003 to examine the feasibility of getting the island of Katchatheevu and adjacent seas on a ‘lease in perpetuity’. She has also personally filed a Writ Petition (W.P. (Civil) No.561/ 2008) in this regard in the Supreme Court of India in 2008. As per the order of the Supreme Court of India in the Berubari case of 1960, a part of any territory owned by India can be ceded to another country only through a Constitutional Amendment.
However, Jayalalitha claims that Katchatheevu was ceded to Sri Lanka without a constitutional amendment and hence the ceding is invalid. The unconstitutional ceding of the island and the fishing grounds in the vicinity have emboldened the Sri Lankan Navy to resort to frequent attacks on innocent Tamil Nadu fishermen who fish in their traditional fishing grounds.
Meanwhile the Sri Lankan authorities charge that the Indian fishermen having depleted the fishing resources of that country are now encroaching on Sri Lankan territorial waters and are engaged in the destructive method of bottom trawling which is destroying the entire marine ecosystem of this country. Due to Indian trawlers’ continuing encroachment on Sri Lankan territorial waters, Sri Lanka loses in excess of US$ 59.18 million annually. Further the Indian fishermen harvest about 70,000 to 100,000 metric tons of fish from Sri Lankan territorial waters annually.
Speaking to The Sunday Leader Tharmaraj, a Lawyer from Mannar, who appeared for detained Indian fishermen said that the Indian fishermen had told him that they had no way of knowing if they were on Sri Lankan territorial waters as there were no indicators demarcating the boundary line. “Actually there is no system to indicate the Sri Lankan Maritime Boundary Line (SLMBL). The Sri Lankan authorities are very strict in preventing the Indian fishermen from entering Sri Lankan territorial waters as they feel that Sri Lankan fishermen, having been deprived of their livelihood for the past 30 years due to the war, they should be given the opportunity to enjoy their bountiful harvest. Moreover if the Indians are continually allowed to encroach on our territory, it will only create a hostile environment between the fishermen of the two countries which could escalate into conflict which could be detrimental to both countries.”
Tharmaraj also said that these Indian fishermen in Sri Lankan custody are also disgruntled with the Indian authorities accusing them of not taking any action to secure their release.
Meanwhile the Convener of the National Fisheries Solidarity Movement Herman Kumara told The Sunday Leader that the dialog between India and Sri Lanka has been put on hold without any proper proposal coming from the Sri Lankan side. “India forwarded some proposal, but we have not come up with any constructive suggestions so far. However the number of fishermen coming into Sri Lankan territorial waters has reduced, but it has not stopped completely. Hence we feel that both sides need to take some decisions to address this issue,” he said adding that the Sri Lankan authorities also intend to use buoys to demarcate the Sri Lankan boundary line at sea.
Unaware of SLMBL!
However dismissing claims made by the Indian fishermen that they were unaware of the Sri Lankan maritime boundary line, the Navy Spokesman stated that every trawler is equipped with the GPS tracking which clearly indicates their position at sea. “Secondly while physically seeing the Sri Lankan land how can they say it is India? These are just lies spun by them when they get caught. These Indian fishermen know exactly where they are. In fact we can produce evidence that can prove that these arrested fishermen were well aware of where they were,” he added.
The Sri Lankan Navy has now deployed sufficient patrol boats to keep track of encroaching trawlers and prevent them from crossing the Sri Lankan MBL. “However if any of these Indian vessels crosses our boundary line they will definitely be arrested. We will not permit any one to encroach on or illegally enter our waters and we will continue to arrest anyone who violates our boundaries,” assured the Navy Spokesman Commander Kosala Warnakulasooriya.
It is understandable that the Indian fishermen stray into Sri Lankan waters due to the abundance of fish stocks as the area has been out of bounds for fishermen due to the conflict that prevailed for nearly 30 years. But the Sri Lankan fisherfolk in the North and East of the country have suffered immensely over this period due to the restrictions placed which hampered their livelihood and earning capacity. Hence it is only fair that they now be allowed to engage freely in their fishing activities without having to face conflict being created by the Indian fishing trawlers.
These trawlers are larger than the boats used by the local fishermen and the method of bottom trawling rakes in even the marine plants corals and the fish lings. This system, therefore, if allowed to continue would destroy the marine ecosystem of the country and before long there will not be any fish to harvest in this region. Therefore the Sri Lankan fishing authorities as well as the Navy are committed to protect Sri Lanka’s fishing resources and ecosystem and will continue to prevent any Indian fishing vessels from encroaching on Sri Lankan territorial waters.
Jayalalitha’s Special Package for Diversification of Fisheries
The Indian government is said to be considering the option of granting loan facilities for these fishermen who fish in shallow waters to upgrade their vessels so they could venture into the open seas to harvest instead of encroaching on the MBL of Sri Lanka.
Jayalalitha’s memorandum proposes a Comprehensive Special Package for Diversification of Fisheries. The Tamil Nadu Chief Minister proposes diversification of bottom trawlers into Deep Sea Tuna Long Liners which would reduce the pressure of bottom-trawling boats in the Palk Bay which will cost Rs. 975 crores equivalent to US$ 160 million over three years.
Further assistance for Mid Sea Fish Processing Park under this project will cost approximately Rs. 80 crores, equivalent to US$ 13 million. A ‘Carrier Mother Vessel’ will be stationed at mid-sea, and will support and supply ‘Baby Vessels’ involved in commercial fishing in the deep seas. This will add value to the fish caught in the deep seas and also reduce the pressure of fishing in the shallow waters of the Palk Bay, she further proposes the motorization of traditional crafts among other proposals.
From : http://www.thesundayleader.lk/2014/08/10/fishing-troubled-in-waters/
