India Sri Lanka Fishermen Issue

The issue of fishermen straying in each other’s territorial waters has come as a potential irritant in the otherwise generally good bilateral relations between India and Sri Lanka.

Background of Issue

The Palk Bay area has been used by both Indian and Sri Lankan fishermen for centuries. However, problems emerged after the India-Sri Lanka only after 1974 and 1976. The 1974 agreement did not substantially affect fishing though India had ceded Katchatheevu to Sri Lanka out of goodwill gesture. But in 1976 via an exchange of letters, both the countries stopped fishing into each others waters. However, since fishermen know no boundary, the

Both Indian and Sri Lankan fishermen have been fishing into Palk Bay area for centuries. Problem emerged only after a maritime agreement was signed by India and Sri Lanka in 1974. In fact, initially the 1974 border agreement did not affect fishing on either sides of the border. In 1976, through an exchange of letter, both India and Sri Lanka agreed to stop fishing in each other’s waters. However, the agreement could not stop the fishermen from fishing in these waters, because they ignore the boundaries and go wherever they can get maximum number of catch. Thus, knowingly or unknowingly, the International Maritime Boundary Line is violated, often resulting in arrests of Indian / Sri Lankan fishermen or shootouts.

We note here that despite of signing of maritime boundary agreements, fishermen communities of both the countries continued their fishing in the Palk Bay area peacefully until the Eelam war broke out in 1983. Nonetheless, after the end of War in 2009, the Sri Lankan fishermen have been raising their objection to Indian fishermen fishing in their waters.

Questions and Answers

Why we often hear about arrest / shooting of Indian fishermen and not Sri Lankan?

Though both Indian and Sri Lankan fishermen are known for entering into each other’s waters, yet the cases of arrest of Sri Lankan fishermen by Indian authorities are comparatively less. This is mainly because the Sri Lankan fishermen mostly fish in the high seas by using multi-day crafts. On the other hand, due to the dearth of multi-day fishing capability, Indian fishermen cannot shift their fishing effort from the Palk Bay area to the offshore areas of the Indian waters or way beyond the continental shelf. Therefore, Indian fishermen have no other option but to fish into the Sri Lankan waters. While for the Sri Lankan authorities protecting their maritime boundary is important, for the Indian fishermen the priority is of securing their livelihood.

How fishermen issue with Sri Lanka is different from those with Pakistan or Bangladesh?

Wherever sovereign coasts are in proximity, straying of fishermen is normal. But the fishermen issue between India and Sri Lanka is different from other neighbours. This is because the coasts of both countries are too close and Territorial Maritime waters of each country in some areas strays into the other are if 12 nautical mile criteria is strictly applied. Maritime border between the two countries is about 400 kilometres spreading along three different areas: the Bay of Bengal in the north, the Palk Bay and the Gulf of Mannar in the centre and the Indian Ocean in the south. In the Palk Bay region, distances between the coasts of the two countries varies between 16 and 45 kms.

Further, Sri Lankan fishermen complain against Indian mechanised trawlers that indulge in pair, mid-water, pelagic, and bottom trawling severely damaging marine resources and the sea bed. Ironically, most of the trawlers from Tamil Nadu are owned by merchant capitalists from non-fishing and other social backgrounds. The entry of ‘outsiders’ has not only threatened the local customary laws of fishing communities, but also turned several traditional fishermen from owners to labourers. Trawler sector in Tamil Nadu is also politically influential and financially sound making it more obdurate to solutions that could cut down its profit margins.

What can be possible measures to solve the issue?

There are several possible measures, some of which are already applied. Firstly, arranging frequent meetings between fishing communities of both countries could be explored. Secondly, to avoid shooting incidents due to “mistaken identity”, ‘coordinated patrolling’ between marine forces of both countries can be considered. Thirdly, as an additional safety measure, the Indian Navy’s proposal of fitting Global Positioning System (GPS) in every Indian fishing boat should be implemented. Fourthly, developing fish farming extensively in Indian waters would prevent its fishermen from venturing into other waters in search of a ‘big catch’. India can also consider leasing fishing blocks , especially those identified as ‘surplus total available catch’, from Sri Lanka. Through this, Sri Lanka could also earn much required foreign exchange. Fifthly, adequate fish population can be maintained in Palk Bay and Gulf of Mannar areas, so that most of the fishermen would not find the need to venture into other’s ‘territories’. India also can consider taking on Katchatheevu Island that has been the centre of controversy, on long-term lease.

Solution from below’ has greater chances of success than a ‘solution imposed from above’ by the governments. There have indeed been meetings between fishing communities since 2003, but erratic and not so fruitful in terms of tangible results. If they are systematised and institutionalised, one can expect them to be more successful. It is important that whatever agreements reached by the fishing communities amongst themselves receive strong backing from the governments and their marine forces. Otherwise, all these agreements would be futile.