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RESPECT THE BOUNDARY

THE RECENT PROTESTS in northern Sri Lanka against encroaching Indian fishermen highlight a problem that has eluded a solution despite the excellent ties between New Delhi and Colombo. Earlier this month, hundreds of fishermen in Mannar took to the streets to draw attention to continuing large-scale poaching by Indian fishermen in Sri Lanka's northern waters. Fishing is a traditional occupation and one of the main sources of livelihood in northern Sri Lanka. The Sri Lankan side of the Palk Bay is a particularly rich fishing ground. During the entire period of the war between the Liberation Tigers of Tamil Eelam and the Sri Lankan military, naval security restrictions prevented fishermen in northern Sri Lanka from pursuing their occupation freely. Indian fishermen trespassed into these waters even then, but that did not matter much to local fishermen who were tied down by time and distance limits. Since those restrictions are not in force as a consequence of the February 2002 ceasefire, the fishermen are justifiably angry at having to compete in their own waters with poachers from across the international marine boundary. The Indian fishermen often have bigger boats that rip through the nets of the locals, not just depriving them of catch but burdening them with damaged equipment and expensive repairs.

Diplomatic efforts have thus far concentrated on managing the problem to ensure that the trespassers are treated humanely whenever they are caught. This means the Sri Lankan Navy no longer fires at the poachers; it takes them into custody and releases them after a few days. But clearly this `deterrent' does not stop incursions. An enduring solution to the problem becomes all the more necessary with the LTTE setting up a de facto administration in a substantial part of North-East Sri Lanka and seeking to operate a "third navy in the region." Last year, the two Governments agreed on the "need to enhance surveillance to minimise incursions." While the sound proposal for joint patrolling by the Indian and Sri Lankan navies put forward by Tamil Nadu Chief Minister Jayalalithaa has not yet won official acceptance in New Delhi, the India-Sri Lanka defence cooperation agreement to be signed shortly will provide for maritime surveillance so that effective counter-measures can be taken. During the recent visit by President Chandrika Kumaratunga, the two countries agreed to set up a Joint Working Group to consider, among other related issues, the possibility of licensed fishing that would permit a designated number of fishermen to cross the boundary legally. The effectiveness of such a regulated arrangement will depend on arriving at an acceptable number of licences to be issued while ensuring that those without permits do not resort to the old and risky ways.

Ultimately, it comes down to educating Indian fishermen that they must respect the international boundary, the Law of the Seas, and the rights of Sri Lankan fisherfolk. Then how are these fishermen to live? In South-East Asia, where such problems are common, governments are working on alternative fishing-related livelihoods that will sustain affected communities without dislocating them from their traditional occupation. From time to time, some political parties and academics in Tamil Nadu have raised the possibility of negotiating a permanent lease of the Kachchatheevu Island, which India ceded to Sri Lanka in 1974, as a solution. The idea of going back on an international treaty concluded for good neighbourly relations is singularly bad in principle and practice. While asking for humane responses from the other side, politicians can make a non-chauvinistic and constructive contribution by impressing on the fishermen that there are viable solutions on the Indian side of the boundary.

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