Poaching by Indian fishermen in Sri Lankan waters:

Collective action vital

By Manjula Fernando

Increasing incidents of poaching by Indian fishermen in Sri Lankan waters have become a volatile issue with tensions running high among local fisher-folk who were recently given fishing rights in the Northern waters. This issue has become a contentious issue for South Indian politicians.

External Affairs Minister Prof. G.L. Peiris and Indian External Affairs Minister, Shri Salman Kurshid

Jayalalitha Jayaram

Minster Rajitha Senaratne

In this backdrop, last week over 100 Indian fishermen were indicted by Courts in Jaffna and Trincomalee in the North and Eastern provinces.

The Indian media described the action as a ‘marked change in the attitude maintained by Sri Lanka towards Indian fishermen’, because earlier fishermen and the boats were released within several days sans any legal action.

The decision to prosecute fishermen maybe a tactic to deter the rising numbers of fishermen breaching territorial waters in the Palk Straits. This has already created ripples within the local fisher community.

External Affairs Minister Prof. G.L. Peiris when confronted by the media in India recently said ‘ We are anxious to resolve this problem. Our problem is they come in large numbers – about 1,500 fisher men in 400 to 500 boats.’

The Hindu quoted him as saying ‘They come as close as 700 metres from Sri Lanka’s eastern sea-board.’ And also saying that prosecutions have been looked into as an option to dissuade poachers since arrest and release after several days have proved ineffective.

The External Affairs Ministry Secretary, K. Amunugama told the Sunday Observer the Government did not wish to strain bi-lateral relations over this issue, but it was a volatile one where local fishermen have sought government intervention to resolve it.

The Fisheries Ministry said, during 2012, the number of fishing vessels and fishermen arrested for poaching in Sri Lankan waters stood at 28 and 146. During the first seven months of this year, the number of boats taken in and fishermen arrested were 53 and 292.

By last week the Police held 110 Indian fishermen and 20 vessels in custody. They were produced before three Courts, in Point Pedro, Trincomalee and Thalaimannar and currently legal action is proceeding.

The practice followed earlier was to arrest the Indian poachers by the Navy and hand them over to the nearest police station. Subsequently, the Foreign Ministry is informed by the Police who then alert the Indian High Commission. Thereafter on the request of the Foreign Ministry the Attorney General's Department will release them and the repatriation will be done as soon as possible.

Poaching by Indian fishermen in the northern and eastern seas increased following the lifting of Emergency after the end of the war with terrorism four years back.

Security checks by Navy on Indian fishing vessels for smuggling arms and ammunition also ceased as there was no immediate threat. Aware of these slackened rules, the Indian vessels pays no attention to patrolling Navy crafts. An understanding between the two governments also binds the Navy from taking any action even as small as firing a warning shot, a Navy source said.

He said the Indian boats which are much larger than the small craft used by the Lankan fishermen, are notorious for indiscriminate fishing such as bottom trawling, a method strictly prohibited on both sides of the Palk Strait for the destruction it causes to the marine life.

The Navy's hands are tight when it comes to Indian offenders but the locals engage in bottom trawling will be caught by the patrolling crafts.

In a media briefing on Thursday the Fisheries Minister Rajitha Senaratne said it was absolute hypocrisy that the fishing vessels owned by South Indian leaders who take to streets over the rights of the Tamils in the North and East, cold heartedly deprive the livelihoods of the very same people.

Fisheries Ministry has sought a dialogue with the Attorney General on the legal side of retaining the poaching vessels (owned by the big time fish traders) after releasing boat hands who work for daily wages.

An agreement signed between India and Sri Lanka in 1974 gave Indian fishermen traditional rights which interpreted as fishing rights around Katchechetivu, a second agreement in 1976 however, withdrew these rights. Nevertheless the south Indian fishermen continued to exploit fishing grounds in Sri Lankan territorial waters until 1983. From 83 to 2009 during the height of war the poaching was minimal due to the Navy's tight vigil in the sea for LTTE activity and restrictions on fishing.

The local fishermen, deprived economically for a long time due to the conflict, find it difficult to stomach that the south Indian fishermen were now depriving them of their livelihood. After all they have just begun rebuilding their lives after decades of suppression during the LTTE rule.

From 2008 to 2013, Indian authorities have arrested 547, 779, 375, 168, 120 and 109 Lankan fishermen respectively. However, there is no Sri Lankan fishermen in their custody at present. All those arrested have been released as of today, the Fisheries Ministry spokesperson, Narendra Rajapaksa said.

The Central Government has understood the gravity of the issue. Making a statement in the Rajya Sabha on Thursday (22), Indian External Affairs Minister, Shri Salman Kurshid said, ‘The need for creating greater awareness among our fishermen to avoid crossing over into Sri Lankan waters for their own safety and security has been felt.”

He said the Tamil Nadu Government has been asked to expedite a meeting of representatives of fishermen associations to douse the rising tensions.

The large numbers of South Indian fishing boats coming into Sri Lankan waters is an issue the two Governments had to contend with after the conflict ended. Many steps have been taken to solve the problem at central level, but due to petty politics in South India, the issue might drag on if corrective action is not instituted.