Fishy politics in Palk Bay

Tuesday 01st April 2014 Domestic politics in Lanka and imminent Parliamentary elections in India have brought into sharp ocus the issue o ishing in Palk !ay" The #overnment in $olombo seems unable to reconcile itsel to conceding a role or the Tamil %ational Alliance &T%A' controlled %orthern Provincial $ouncil &%P$' in dealing (ith India on this issue) only *inisters rom Delhi+ $olombo and $hennai+ Tamil %adu ,tate and not the %P$ have met on this issue" -ecently a group o Lankan ishers rom the .a na Peninsula met (ith their counterparts rom Tamil %adu+ in India to have a discussion on the issue o alleged poaching by Tamil %adu ishers in the Lankan (aters o Palk !ay" The Tamil %adu ishers agreed as a con idence building measure+ on 1/ 0ebruary+ to stay a(ay rom ishing in Lankan (aters or one month" 1o(ever+ driven by economic hardship+ they resumed ishing on 1 *arch"

An International *aritime !oundary Line &I*!L' divides the Palk !ay (aters bet(een Lanka and India" The Indian ishers cross the I*!L to tra(l Lankan (aters" ,ome 2+000 Indian tra(lers poach in Lankan (aters (ith humongous noise and po(er ul lights+ venturing close to the Lankan shore running over smaller Lankan cra t and destroying costly nets" Lankan ishers+ (ho (ere unable to go out to sea to ish in terms o the restrictions imposed on ishing in times o (ar+ no( are able to go out to sea to ish in Palk !ay+ and there have been clashes bet(een the t(o groups" During the (ar+ it (as the Lanka %avy (hich clashed (ith the Indian ishermen+ (hich caused a great deal o resentment" *ean(hile the -ames(aram Police have iled cases &0I-s' against the ,ri Lanka %avy and Lankan ishers or attacks on Indian ishers in the high seas o Palk !ay on / 0ebruary" A round o talks bet(een

ishers rom both sides (hich (as scheduled or 10 *arch reportedly has been postponed"

*aritime boundaries
The Palk !ay e2tends to around 30 miles and its boundaries are on the %orth 4est by the Indian mainland+ on the ,outh by the islands o -ames(aram and -amasethu+ a coral ree also called Adam5s !ridge+ on the 6ast by the Lanka coast+ on the %orth 6ast by an open passage accessing the !ay o !engal+ (hich is about /2 miles (ide" The %orthern part o Palk !ay (hich opens to the !ay o !engal is called the Palk ,trait" In early times be ore national borders evolved+ ishers and traders moved around e2ploiting the trade and ishing opportunities (ith no limitations" A ter national boundaries came into e2istence+ la2 implementation led to le2ibility or ishermen and traders+ no( rebranded as poachers and smugglers+ to cross these invisible maritime boundaries" In time population and economic pressure resulted in competition among the ishers o these ad7acent nation states" It is over these ishing grounds that the Lankan and Indian ishermen are in dispute" 8n the Indian side+ their ishermen have tra(led the bottom eeding shrimp &pra(ns' almost to e2tinction" This shrimp ishery (as called the Pink #old -ush and Tamil %adu ishers made huge investments into shrimp harvesting boats and tra(ls+ (hich (ere ecologically non9sustainable+ and soon the Pink #old (as e2terminated in the Indian (aters"

Tra(ling and poaching

Tra(ling took o in the 1:;0s in Tamil %adu" The ,tate #overnment (as very liberal in inancing e2pansion o this unsustainable type o e2ploitation o Pink #old" Tamilian big business (as also attracted+ as the return on investment (as humongous" The tra(ler leet e2panded e2ponentially+ rom a e( 100 in 1:3< to 2+000 in year 200<" There are 10 landing centres+ 2+000 plus tra(lers) each has a cre( o our to ive people+ 10+000 ishers and 3<+000 dependants" At this time the ,ri Lanka ishers (ere not allo(ed to go out ishing on a regular basis because o the civil (ar restrictions placed on their movement" The Indian ishers came over and poached in Lanka5s (aters" Tra(lers rom the coastal districts o

Tamil %adu+ such as %agapattinam+ Than7avur+ Pudukottai and -amnathapuram+ etc" had a ield day in this non9sustainable e2ploitation o shrimp on the ,ri Lanka side o the International *aritime !oundary Line &I*!L'" It is estimated that around 2+000 Tamil %adu tra(lers cross the I*!L daily" Tamilian tra(lers have been spotted even as ar south as Pulmoddai on Lanka5s 6ast coast" Lanka loses+ at a conservative estimate around -s" 4 to 3 billion annually o this ,hrimp Pink #old= There is some anecdotal evidence that the LTT6 also used these Indian ishers and their cra t to smuggle (eapons and uel+ etc"+ to .a na and the 4anni" The -esearch and Intelligence 4ing &-A4' o the #overnment o India (ould have seen these Tamilian ishers also as a resource or communication and logistics purposes or their covert operations in %orthern Lanka" 6arly in 2003 the *aldivian $oast #uard sank an Indian tra(ler+ the ,ri >rishna+ (hich (as allegedly trans erring ammunition rom an LTT6 ship" Inevitably this led to clashes (ith the ,ri Lanka %avy" Indian ishers on the Lanka side (ere o ten taken into naval custody or security as (ell as poaching" This situation (as urther complicated by Lanka ishers (ho poached on the Indian side o the I*!L in the !ay o !engal and the Arabian ,ea" 1o(ever+ it is important to remember that these ishers are not rom the %orthern Province o ,ri Lanka+ but rom the southern and eastern coasts o Lanka (ho operate multi9day boats in the deep sea" The Indian coast guard arrests these Lanka ishers under India5s *aritime ?ones o India Act or violating India5s *aritime ?ones" !ut it should be noted that this is a completely di erent issue rom the issues aced by the ishers in India and northern Lanka on the Palk !ay and the I*!L in that location" @n ortunately+ or obvious reasons+ e2traneous actors have clouded and complicated the real issue) interested parties have tried to bring these issues to the table at the same time= ,uch is the stu o international and domestic politics in ,outh Asia+ the real issues disappear and e2ternalities rule the day= 1ot political potato In Tamil %adu+ this Palk !ay ishing issue is a hot political potato" 4ith the Indian polity ederalising+ the coalition in po(er at Delhi depends on the support o its regional ,atraps in Tamil %adu+ the Tamilian ishers and politicians e2ert humongous in luence on the ,outh !lock &Indian *inistry o 62ternal A airs' in Delhi"

The alleged machinations o the devious -A4+ in using these Tamilian tra(lers or logistic support o men and material to the LTT6+ urther complicated the issue" The urther happenings (hen the IP>0 (as in the %orth and the Indian %avy (as thro(ing around its (eight in Lanka5s %orthern territorial (aters is another story in itsel = In the conte2t o a recently9democratically elected %orthern Provincial $ouncil in the %orthern Province o Lanka and pending Parliamentary elections in India to be held be ore *ay 2104+ the issue o legitimate ishing and poaching in Palk !ay has become highly politicised" There have been allegations that the leadership o the main Tamil party in Lanka+ the T%A+ discriminates against the depressed isher people in the north and does not speak up or their rights" It is said that the only e2ception is the recently9elected $hie *inister e29.ustice 4ignes(aran+ (ho has been outspoken or the isher people5s rights"

!ut negotiations (ith India have been at the national political level on Lanka5s side" All this ensured that everything else but environmental conservation and rights o the isher community on either side o the I*!L (ere the priority at all relevant times A things like international political leverage+ personal animosities+ Indian domestic politics+ Lankan domestic politics+ the status o Lanka5s civil (ar+ took priority at any given time" Indeed there is some baBaar talk among political mercenaries in Tamil %adu that during the Lanka Army5s humanitarian operation in the north east (hich ended the civil (ar+ there (as a trade9o in order to keep the Tamilian satraps (ho kept the coalition in Delhi in po(er CuietD the (hole issue o poachers (as suppressed" !ut this is only unsubstantiated e29post acto opportunist gossip" 1umanitarian and economic issue It is important to remember that this is primarily a humanitarian and economic issue that a ects the isher9 olk o northern Lanka and Tamil %adu" The Lankan ishers say they E irst ell do(n rom a tree and then a bull ran over them5= 0rom the rying pan into the ire+ that is" The Indian ishers have e2terminated the Pink #old on their side o the I*!L+ by unsustainable tra(ling methods" In order to earn their daily bread+ they crossed the I*!L+ (hich (as not being ished+ or security reasons e2plained above" 8 icials on both sides o the I*!L+ or a variety o reasons+ connived and kept Cuiet" 4hen peace (as established in northern Lanka and the northern ishers resumed ishing+ they clashed (ith their Tamilian counterparts" There have been e orts to solve this at isher to isher level" ,ome time ago representatives o a ected ishers rom both nations met in $olombo+ but they (ere unable to reach a consensus" Prior to that a good(ill mission o Tamil %adu ishers visited Lanka and met their Lankan counter parts" The visit (as acilitated by the Association or the -elease o Innocent 0ishermen &A-I0'" As an interim measure the Indians agreed to stop using environmentally unsustainable types o tra(ls and to keep their cra t at a distance o three miles in Palk !ay and seven miles in the .a na9Fadamaratchchi area+ rom the Lanka coast" In 2010 representatives o Lanka ishers+ %#8 representatives and t(o o icials o the #8,L *inistry met (ith their counterparts in Tamil %adu" This time there (ere three important outcomesD !oth parties agreed that tra(ling is environmentally unsustainable) the Indians agreed that they should stop poaching in Lanka (aters) and the t(o #overnments should monitor ishing activities in Palk !ay through a 7oint

monitoring group" At the o icial level the t(o #overnments+ in 200<+ set up a .oint 4orking #roup &.4#'" A dra t *emorandum o @nderstanding &*8@' bet(een the Indian Department o Animal 1usbandry and Dairying+ *inistry o Agriculture and the Lankan *inistry o 0isheries and ACuatic -esources+ or development and cooperation in the ield o isheries (as developed" The *8@ provides or a .oint 4orking #roup &.4#'" This *8@ (as revised in 200G" It deals (ith matter such asD -elease o seiBed cra t+ prevention o use o orce against ishers+ procedure or dealing (ith arrested ishers and seiBed cra t+ salvage o released cra t+ enhanced surveillance and cooperation in that area" In 2010 the President o ,ri Lanka and the Prime *inister o India made a 7oint declaration+ (hich inter alia emphasised the need to establish the .4#" $lassic ping9pong treatment The issue has been given the classic ping9pong treatment by both the governments and the ishers" A body (as discovered ive nautical miles o ,ri Lanka by a %avy patrol and handed over to the >ayts Police" It (as ound to be that o an Indian isher" The bodies o t(o others+ it is reported+ (ere (ashed ashore near %eduntivu &Del t' and Thondi on Lanka5s coast" All these ishers it is alleged (ent mission on 2 April" Another body had been (ashed ashore near %agapattinam in Tamil %adu" 8n that day it is alleged that ;/4 mechanised tra(lers le t -ames(aram and only ;// returned" The boat o Anthony o Thangatchimadam (as missing" A post9mortem (as conducted by .a na5s .*8 on the body ound at %eduntivu sho(ed that the body had in7uries+ including nail marks on the upper part" The Indian %avy escorted a group o si2 o the deceased5s relatives rom Tamil %adu and handed them over to the Lanka %avy o the &%eduntivu' Del t Island+ in Lanka territorial (aters+ and they (ere brought to the .a na Teaching 1ospital" According to ne(spaper reports+ the deceased5s brother gave evidence to the *agistrate that on the day his brother (ent missing+ he (as also at sea and sa( a large Lanka %avy boat approaching his brother5s boat" A urther complication+ also according to the ne(s papers+ (as that Lanka5s $ontroller o Immigration has gone on record saying that this method o transport o the deceased Tamil %adu ishers5 amily (as a violation o Lanka5s Immigration La(" ,ri Lanka5s *inister o 0isheries has complained to the President that the Lankan delegation to the .4# meeting in Delhi recently had ailed to raise the issue o Indian ishers poaching in Lanka (aters" The 0isheries *inister openly attacked the 0oreign *inistry or not giving priority to northern isher issues and later trying to take the

credit or a possible resolution o the issue" There (ere claims and counter allegations and claims rom both the Lankan *inistries o 0isheries and 62ternal A airs" 1:34 Agreement and >achchativu In 1:34 the Lankan and Indian #overnments entered into an Agreement E8n the !oundary in 1istoric 4aters bet(een the T(o $ountries and -elated *atters5" The 1:34 Agreement demarcated an I*! eCuidistant rom the shores" ,ri Lanka obtained 7urisdiction over >achchativu+ a small uninhabited island+ (here there is a shrine o ,t" Anthony+ (hich has an annual estival+ (hich ishers rom both countries attend+ in terms o this" The then Prime *inister+ speaking in Parliament on this agreement+ saidD HThe Agreement demarcates a boundary in the sea rom a point about 1G nautical miles north (est o Point Pedro in Polk ,trait to Adam5s !ridge+ a distance o appro2imately G; nautical miles" This boundary alls one nautical mile (est o >achchativu+ so that the o(nership o + and the sovereignty over the island+ is no( or all time ree rom dispute"I ,enior Lanka o icials such as ormer 1igh $ommissioners to India+ ,ir -ichard Alu(ihare and ,hirley Amerasinghe+ one9time ,ecretaries to the 62ternal A airs *inistry+ %"J" Dias and 4"T" .ayasinghe+ and Legal Advisor to the then *inistry o 62ternal A airs+ $hristopher" 4" Pinto+ played critical roles+ at various times+ in negotiating this agreement (ith India" $hie *inister .ayalalitha o Tamil %adu+ E(annabe5 prime minister o India leading a Third 0orce o Indian le tists+ 1indu heart land+ co( belters and Dravidians+ has declared that she intends to get >achchativu back or India rom Lanka= The ,ecretary to the *inistry o 62ternal A airs o India has been Cuoted recently as sayingD H4e have been in touch (ith the Lanka authoritiesK (e even had a meeting o the .oint 4orking #roupK it is very un ortunate that ishers have lost their livesK our emphasis has al(ays been that (e do not (ant violence o any nature against our ishersK i they are ound ishing in Lanka (aters they must let us kno(+ apprehend the ishers and turn them over to us"I 0ishers rom both countries have not taken these intangible divisions seriously" The Indian ishers and Tamil %adu politicians al(ays maintain that they should get >achchativu back and that (ill solve the problem= They consider the 1:34 Agreement as a betrayal o Tamil %adu isher interests" The reality is that the (aters around >achchativu have been over ished to e2haustion" @se ul proposals

$ivic groups have made use ul proposals as a path to solve these issues" They areD Have an Indo-SL joint monitoring, surveillance and control mission for the IMBL. Bona fide fishers in the area should be issued with verifiable in real time on line, smart card photo identit cards ratified b both governments. !ishers arrested for violating IMBL should be dealt with, not b national law, but under "rticle #$ of the %& 'onvention of the Law of the Sea (%&'L)S*. In each nation a single +one-stop, authorit to be designated for dealing with violations of IMBL. IL),s -..# 'onvention on /or0 in the !ishing Sector should be ratified b both nations, which among other things ma0es craft owners responsible for their crews actions. Both 1overnments should set up an interactive joint wor0ing platform to wor0 out 2al0 Ba issues and civil societ should be represented on this. 3his issue needs to be resolved, and fast. &ational political issues have to be ignored and the rights of the fishers of both nations protected and the fish stoc0s safeguarded from over e4ploitation. /hen will the politicians understand this simple fact5 1iven the fact that a political part opposed to the part controlling the national 1overnment, the 3&", is in office in the &orthern 2rovince and the fact that the 'hief Minister of 3amil &adu is a wannabe prime minister of India at the helm of a 3hird !orce, which will onl be propelled to power if 6a alalitha,s part wins a substantial number of seats in 3amil &adu, the 2al0 Ba fishing7poaching issue will continue to be a combustible one in Indo-Lan0a relations and the political agenda within Lan0a and India. 8ecent developments, especiall in 1eneva at the %&H8', have added a new dimension. India abstained from the voting on the resolution calling upon in9uiries into human rights violations during Sri Lan0a,s conflicts. Lan0a, as a response, released all Indian fishers and boats in Lan0an custod . So the fisher dispute over 2in0 1old has become a pawn in the 1eneva human rights traction. " genuine solution to the rights of the fishers on each side of the international line of demarcation seems as far awa as the distant golden sun rising majesticall over the 2al0 Ba on an clear morning. (3he writer is a law er, who has over $. ears of e4perience as a ':) in both State and private sectors. He retired from the office of Secretar , Ministr of !inance and currentl is the Managing ;irector of the Sri Lan0a Business ;evelopment 'entre.*