Opinion
Possible elements for the settlement of the Indo-Lanka fishing dispute
A recent television program on this subject brought to mind some elements that could contribute to the settlement on the long running Indo-Lanka fishing dispute. Initially, an effort should be made to quantify in financial terms the value of the fisheries resource in contention. Based on those figures, the catches of big trawlers and smaller boats should be separately calculated. Following these estimates, a licensing system could be considered with annual licenses then issued to Indian fishermen on the payment of fees to be determined.
If necessary, big trawlers could be excluded altogether from these arrangements and not permitted to fish in Sri Lankan waters. The licensing fee should generate revenue to adequately compensate Sri Lankan fishermen for loss of catch.
Additionally, the Sri Lanka and Indian governments could agree on a few income generating projects which could be established here to benefit Sri Lankan fishermen by providing them alternative employment opportunities. Similar fisheries disputes have occurred between countries in other parts of the world. What come to mind in this context is the fisheries dispute in the English channel between France and the UK which has been addressed by both countries. It is well worth studying this and other similar problems elsewhere in the world to find the elements of a solution to our own problem.
Let me go back to 1974 when the Kachchativu issue between Sri Lanka and India was resolved by Mrs. Sirima Bandaranaike and Prime Minister Indira Gandhi. The friendship between the two ladies assisted greatly in resolving this problem. In 1974, the International Law of the Sea had not been negotiated. That happened only in the early 1980s. Sri Lanka’s Shirley Amarasinghe played a major role in establishing the Law of the Sea and died shortly before the treaty was signed.
The new Law of the Sea established territorial waters of 12 miles and an Exclusive Economic Zone (EEZ) for each country of 200 miles off the coasts of participating countries. The Kachchativu island being accepted as a part of Sri Lanka, gave us possession of a massive extent of sea under the new Law of the Sea.
The late W.T. Jayasinghe, then Secretary of the Ministry of Foreign Affairs, published a book on the Kachchativu issue based on his personal knowledge of the relevant negotiations. This book is worth re-printing.
Leelananda de Silva