Fishermen Issue with Sri Lanka | Strange Military Stories

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After the independence of both nations, fishing has become an important economic activity. Due to  a large common area between the two in the sea, the two have often had issues of fishermen straving into each other's waters. In the last few decades, fish and aquatic life in the Indian continental shelf has depleted. As a result, more fishermen enter Sri Lankan waters and also resort to the use of modern fishing trolleys that Lankan fishermen are unable to match. 

The Indian fishermen saw a golden business opportunity during the LTTE era as the Sri Lankan government has disallowed the easy movement of Sri Lankan fishermen in waters owing to military operations. However, with the LTTE war over since 2010, there is a resurgence of Sri Lankan fishermen in Palk Bay. They were trying to reclaim their legitimate lost base and, in the process, became engaged in conflict. In order to solve the issue, understanding the importance of ocean economy becomes significant. The department of ocean development and ministry of agriculture have to ensure assistance to the states so that fishermen are able to find alternative livelihood to fishing in Palk Bay. 

The Indian government has renewed the thrust on ocean economy in recent times with the PM signing MoU on ocean economy with Sri Lanka, Mauritius and Maldives in 2015. In recent times, the matter has reached the highest levels when Sirisena, in his February 2015 visit to India, rise the issue with Indian PM. There is  immediate need to sign protocol for join petrolling.

kachchativu Island Issue

Kachchatheevu is a small island located about 10 miles northeast of Rameshwaram. The fishermen used dry their nets and catch fish. It has been a part of Raja of Ramnad territory who was controlling s the Head Zamindar. When the Zamindari system was abolished, Kachchatheevu became a part of be Presidency of Madras. When India became independent and initiated a boundary negotiation at the maritime level with Sri Lanka, Kachchatheevu was a disputed territory between Ceylon and the British and there was never an agreement on boundary ever. 

In 1947 and 1976, as per agreements, the issue was bilaterally resolved between India and Sri Lanka, and the resultant maritime agreement has allowed Indians to visit Kachchatheevu for pilgrimage for which no visa is required. The Indian government has maintained that the right of access to Kachchatheevu does not cover any fishing rights. In 2008, the AIADMK filed a petition in the Supreme Court (SO asking that the SC declare the 1974 and 1976 agreements as than their the FTA in unconstitutional. 

The Indian government produced the facts in the highest court and clarified the issue af Kachchatheevu, stating that the island has not been ceded. Consequently, the AIDMK's petition was disposed of by the court.

Thirteenth Amendment to the Constitution of Sri Lanka

After the defeat of the LTTE, Sri Lanka has announced the execution of the 13th Plus Amendment Act. Where the idea is to devolve more powers to its provinces. The members of Provincial Councils have consistently complained about their dependence on the central government of Sri Lanka for finances, with no powers to the highly restricted Provincial Councils to raise finances.

LTTE flag

13th Amendment Act 1987

1. Declares Tamil as official language in councils
2. Devolution of land, finance and police powers
3. Established nine provincial councils with defined legislative powers
4. Provides for a financial commission
5. Provides for establishing a high court.

After the defeat of the LTTE, Rajapaksa began talks on the 13th Plus Amendment Act.The idea propounded was to devolve powers, which till then, had not been undertaken due to LTTE opposition. In 2013, a Parliament select committee met to discuss devolution but this time, land rights and police powers were not devolved. Even today, the 13th Amendment has not been implemented with full force In fact, the 18th Amendment of the Sri Lankan Constitution had given more powers to the Sri Lankan President without an adequate system of checks and balances. 

However, the 19th Amendment in 2015 has rectified the issue and checks and balances have now been ensured. India has stayed away from reacting to both the 18 and 19 amendments as they fell within the ambit of internal matters of Sri Lanka.

13th Minus

• No devolution of land and police

13th Amendment

• Devalution of land, police and finance

13th Plus

• Establishes a Senate to the parliament

Based on 4D

• Democracy
• Development
• Devolution
• Demilitarization

The basic issue is the reluctance of Sri Lanka to devolve policing powers fearing that active insurgent sleeper cells need centralised control.

Commercial Diplomacy between India and Sri Lanka

The economic relations between the two countries have opened up only since the end of the Cold War Sri Lanka was, as a matter of fact, the first South Asian economy to go for liberalisation way back in 1978. By the end of the Cold War, trade began to increase with India as India liberalised its economy Sri Lanka also perceives India as a potential for FDI supplier. There has been moreover, a steady flow of tourists from India.

Flag of Sri Lanka and India

The trade has gradually shifted in favour of India as Sri Lankan exports to India are lesser than their imports. Both have tried to rectify trade practices through an FTA. India and Sri Lanka signed the FTA in 1998, which finally became operational in 2001. The India-Sri Lanka FTA gives duty-free preferential access to each other's goods in a time-bound manner. India exports petroleum products, pharmaceuticals, two wheelers and vegetables while importing rubber products, spices and electric wires. Indian firms operational in Sri Lanka include Tata, Jet Airways, Ashok Leyland, CEAT, Apollo and so forth.

In 2003, a Joint Working Group was established for a comprehensive economic partnership agreement (CEPA). This was done to enhance the FTA and envisage the promotion of cooperation in the service sector. India is also undertaking development of the Trincomalee port as this will boost its strategic presence vis-à-vis Sri Lanka. 

Indian Oil Corporation (IOC) is planning that a six million tonne per annum Grandfield refinery be established in Sri Lanka through direct investment. At present, Sri Lanka has only one 2.5-million-tonne refinery.

Comprehensive Economic Partnership Agreement(CEPA)

India envisages services-based cooperation in CEPA. However, Sri Lanka has had expressed some reservations, it hopes for more economic and technical cooperation rather than increased movement of Indian professionals in Sri Lanka as expressed in the CEPA. Sri Lanka favours an Economic and Technical Cooperation Agreement (ETCA) over the CEPA. In the CEPA, India had decided to open up 80 sectors for Sri Lanka and advised that Sri Lanka open up IT and marine ship building sectors. 

As the proposed CEPA would liberalise investment and trade in services, goods and facilitate movement of people, Sri Lanka feared that Indian firms may ultimately come to dominate the Indian economy space and might eventually lead to loss of jobs for the Sri Lankan native population. The movement of people's clause is highly resented by Sri Lanka. In 2015, Maithripala Sirisena took office as the new President of Sri Lanka and has revived the talks for a CEPA and has assured Sri Lankan industrialists that no negative impact on the Lankan economy would be occasioned by said arrangement.