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Protecting Sri Lanka’s maritime rights

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Your editorial, Poaching: Grasp the nettle (The Island of 09 June), provides a good analysis of the issue concerning the poaching of fishery resources in Sri Lanka waters, particularly in the Palk Bay and the Gulf of Mannar.

The maritime boundary between Sri Lanka and India was settled by two agreements entered into by the two countries in 1974 and 1976. Accordingly, fishing vessels and fishers of the two countries were debarred from fishing in the waters, the territorial sea and the exclusive economic zone of each other.

Subsequently, the Maritimes Zones Law, No. 22 of 1976 was enacted with provisions for the President to declare the limits of the agreed maritime boundary between the two countries, and different maritime zones of Sri Lanka, such as the historic waters, territorial sea, contiguous zone, exclusive economic zone, pollution prevention zone and the continental shelf. This law prohibits unauthorised fishing in any of the maritime zones of Sri Lanka by any foreign vessel. The President did declare the maritime zones of Sri Lanka by a proclamation published in the Gazette 248/1 of 15-01-1977. Since then unauthorized fishing by Indian vessels on the Sri Lanka side of the Palk Bay and the Gulf of Mannar became illegal.

However, part of the agreement relating to fishing has never been honoured by India, whose fishers continued to fish on the Sri Lanka side of the Palk Bay, and on the Sri Lanka side of the Gulf of Mannar, which jointly form the historic waters of Sri Lanka. According to the Presidential Proclamation, waters on the Sri Lanka side of the Palk Bay form part of the internal waters of Sri Lanka while those on the Sri Lanka side of the Gulf of Mannar form part of the territorial sea (provisions of the Law of the Sea Convention of 1982 relating to internal waters and territorial sea do not contradict such declarations provided they are made on the provisions of the customary international law). On the other hand, although prior to signing of the Maritime Boundary Agreement of 1976, Sri Lankan fishing vessels were fishing in the Wadge Bank, which fell in the EEZ of India since the Agreement came into effect, no Sri Lankan vessels has been found fishing in that area.

At present, three days a week more than 1,000 Indian trawlers fish on the Sri Lanka side of the maritime boundary in violation of the law relating to fisheries in Sri Lanka. Any Sri Lankan vessel, irrespective of the part of Sri Lanka where it is fishing, should have been registered as a fishing vessel of Sri Lanka and obtained a fishing licence. Further, no such vessel is allowed to engage in mechanised bottom trawling.

There have been many discussions between the two countries since the 1990s to stop this illegal practice by Indian trawlers. Such discussions only end up with agreed minutes, but no solution. Fisheries (Regulation of Foreign Fishing Boats) Act, No 59 of 1979 provides for a High Court Judge to impose a penalty of a fine of Rs. 1.5 million on any foreign vessels engaged in unauthorised fishing in Sri Lanka waters. However, this provision was never used against any Indian trawler caught in Sri Lanka waters with unauthorised fishing, owing to practical difficulties. Subsequently, in 2017, the Fisheries and Aquatic Resources (Amendment) Act, No. 11 was enacted to impose a two-year jail term or a fine of at least Rs. 50,000 with a view to controlling this problem. Although the Sri Lanka Navy takes into custody Indian trawlers and hands them over with fishers to Fisheries authorities, the moment they get a letter from the Indian High Commission asking for their release, all are released. In this context, sinking unusable buses in the sea in this area appears to be a practical solution to the problem. For that also India has expressed objections. Sri Lanka has sovereign rights to take any decision in regard to its internal waters, and territorial sea (subject to the right of innocent passage of any foreign vessel) and historic waters (these form part of either internal waters or the territorial sea). Therefore, it is not necessary to stop this activity, just because India is objecting.

As regards the claim by India that Sri Lankan vessels also engage in unauthorised fishing in India waters, it should be noted that they are taken into custody rarely in very small numbers; that, too, mostly in the Indian EEZ, while they are returning after fishing in the Arabian sea. Any vessel has the right to navigation in the EEZ of any country. Even when innocent Sri Lankan fishers happen to be caught by the Indian authorities, they are made to suffer in Indian jails.

A few years earlier also, you expressed concern on this issue by an editorial, Saying it with fish, when Sri Lanka released all Indian fishers who were in jail in Sri Lanka pending trials, as a gesture of thanks for India’s vote at the UN in favour of Sri Lanka. Thank you for your concerns.

 

A. HETTIARACHCHI

hetti-a@sltnet.lk



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Opinion

SL CRICKET SAVED BY THE PRESIDENT

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The President has taken the bold decision to get rid of the office bearers of Sri Lanka Cricket (SLC) and appoint an interim committee till such time suitable persons are elected to run the SLC. All Sri Lankan cricket lovers will applaud and endorse President Anura Kumara Dissanayake’s action as the SLC was one of the most corrupt sports organizations in Sri Lanka for a long time.

The office bearers had organized it in such a manner that no other persons could get elected to this den of thieves. They increased the number of clubs as members to collect their votes. Large amounts of funds were doled out to the clubs to which the office bearers belonged.

All cricket lovers would remember how when a previous Minister holding the Cabinet portfolio pertaining to sports tried to get rid of the corrupt officials which the then Parliament endorsed unanimously and how they manipulated to remain in power and get the President at that time to get rid of the Minister instead of the corrupt officials of the SLC.

They were able to get round the ICC too to get what they wanted. The Minister who was appointed in place of the ousted Minister fell into the pockets of the SLC officials and they continued happily thereafter. The Minister was happy and the corrupt officials were happy!

It is not only the elected officials who have to be removed. There are executive employees and other permanent employees who have to be relieved of their duties as otherwise they could get round the incoming officials, and the activities of the bandwagon could go on.

We would appreciate if the President and the Minister in charge would go the whole hog and relieve the SLC of all corrupt personnel so that Sri Lanka’s cricket could get back to its halcyon days again.

HM NISSANKA WARAKAULLE

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Has Malimawa govt. become Yahapalanaya II ?

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Malimawa government and Yahapalanaya are dissimilar in many respects, the most important being whilst Yahapalanaya had to manage with a balancing act in the parliament, Malimawa has the luxury of a massive parliamentary majority. However, they share one thing in common; the main plank for the election of both presidents Dissanayake and Sirisena was their solemn pledge for the eradication of corruption. It looks as if both have failed miserably, on that count!

It did not take very long for Yahapalanaya’s first act of corruption; the bond scam. COPE, headed by the veteran politician D E W Gunasekara, picked on this but to prevent the presentation of the report, Sirisena dissolved the parliament which was done at the request of the Prime Minister Ranil, to whom Sirisena was obliged for the unexpected bonanza of becoming president. This enabled the second bond scam to take place, also masterminded by Ranil’s friend Mahendran, imported from Singapore!

Malimawa convinced the voters that they are the only group that could get rid of the 76-year curse of corruption and made a multitude of promises, most of which are already broken! What is inexcusable is that, in a short space of time, they seem to have become as corrupt as any previous government and they seem to excel their predecessors in doling out excuses. Of course, they have a band of devoted social media influencers who are very adept at throwing mud at their opponents which they hope would help to cover up their sins. How long this strategy is going to work is anybody’s guess!

Some of these issues were addressed in an article, “Squeaky clean image of JVP in tatters” by Shamindra Ferdinando (The Island, 22 April). I hasten to add that, though some of his supporters are still trying to paint an honest image of AKD, he should be held responsible for many of these misdeeds and irresponsible acts.

One of the first acts of the newly elected president AKD was to appoint two retired police officers, who openly worked for the NPP through the Retired Police Collective, to top posts; Ravi Seneviratne as Secretary to the Ministry of Public Security and Shani Abeysekara as the Director of CID. Both of them held top jobs in the CID when the Easter Sunday attack took place and were blamed, by some, that they too failed to prevent this horrendous act of terrorism. In addition, there was a case against Seneviratne for causing accidents whilst under the influence and Abeysekara was exposed as a ’fixer’ by the infamous Ranjan Ramanayaka tapes. No one would have objected had they been appointed after their names were cleared but AKD’s rash decision to appoint them, disregarding all norms, clearly showed what his long-term strategy was. Was this not political corruption?

Now these two tainted officers are heading the search for the mastermind of the Easter Sunday attacks! Are they being used to divert attention away from Ibrahim’s family that was supposed to have funded the project? After all, Mohamed Ibrahim, the father, was on the national list of the JVP, and the two sons were the leading suicide bombers. It is a matter of great surprise that the Catholic church led by Cardinal Ranjith is not demanding the removal of these two officers from the investigation, who obviously have a conflict of interest. It becomes even more surprising when the demand is made for the Deputy Minister of Defence Aruna Jayasekara to resign, for the same reason; as well stated in the editorial, “Of masterminds” (The Island, 21 April).

The first act of the new parliament was to elect ‘Dr’ Ranwala as the speaker and pretty soon his doctorate was challenged. He stepped down to look for the certificate, which he is still looking for! Though some of the ministers too have admitted that Ranwala may not have a PhD, AKD seems silent. When Ranwala was involved in an RTA, police had run out of breathalyser tubes and blood was taken after a safe period had elapsed. Why has AKD no guts to sack him?

Episode of the release of 323 containers, without the mandatory inspections, seems to be receding to the past and the long-awaited report may be gathering dust in the president’s office! It is very likely due to political intervention and we probably will never know who benefitted.

A minister, who claimed that he is living on his wife’s salary and on the generosity of the party faithfuls, seems to have been able to build a three-storey house in a suburb of Colombo. He claims that when he made that statement, his father was alive but has since died and he has inherited everything as he is the only son! What a shame that Marxists do not believe in sharing the family wealth with sisters? Though the opposite may be true, his explanation that he was able to build a house in Colombo by selling the land in Anuradhapura rings hollow!

The worst of all was the coal scam which would have long lasting consequences on our economy. I do not have to go into details as much has been written about this but wish to point out AKD’s role. In spite of ex-minister Kumara Jayakody being indicted by CIABOC, AKD continued to give unstinted support till it became pretty obvious that he had to go. In fact, he is being charged with an offence which was committed whilst he was serving the Ceylon Fertilizer Company which was under the purview of, guess who? AKD when he was the Minister of Agriculture.

Devastating report from the Auditor General,before Jayakody’s resignation, would not have happened if AKD had his way. He attempted a number of times to get one of his henchmen appointed to this coveted post, overlooking those experienced officers in the department. AKD’s political machinations were thwarted thanks to the integrity of some members of the Constitution Council. If not for them, AKD’s nominee would have been in post and, perhaps, his friend Jayakody would still be the minister.

Malimawa seems to have beaten Yahapalanaya rather than being the second!

By Dr Upul Wijayawardhana

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Opinion

Pot calling the kettle black?

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Doctor Upul Wijayawardhana (eminent physician), posed a riddle for us. He wrote about that island Sri Lanka as ‘ this little dot in the ocean’ when deriding the remark of President Dissanayake who had said that Sri Lanka was a hunduva , a term that indicated a small volume: me hunduve inna puluvan da? (Can you live in this restricted space?) Most sensible people, even uneducated, judge that the volume of a little drop (of whatever) is smaller than that of a hunduva; so is weight. When the learned doctor emphatically maintains ‘….we are not a hunduva’ but ‘… a little dot in the ocean…’, is the pot calling the kettle black or worse?

Physically and population wise, Sri Lanka is neither ‘a little dot’ nor ‘a hunduva. This is all in the rich imaginations of Dissanayake and Wijayawardhana. I once counted that there were more than 50 members of the UN who were smaller than Sri Lanka in physical and population size. England was a sizeable island with a small population in the northwest corner of Europe in late 18th century when it began to become what China, with 1.3 billion people and jutting out to the Pacific, is now. From about 1850, when the population of Great Britain was about 20 million, less than that of Sri Lanka in 2026, it ruled more than half the world. Besides, do not forget Vanuatu, Kiribati, Cook Islands, Antigua and Barbuda, Barbados, Lesotho and New Zealand (who habitually beats us at cricket). New Zealand with 5 million population played against 1.5 billion population India (1:300) for the T20 cricket championship a few weeks ago. I quietly wished New Zealand would win; so much for crap about dots in the Indian Ocean or the south Pacific.

Dr. Wijayawardhana also wrote about history and about ‘The achievements of Hunduwa’. The massive reservoirs and extensive irrigation systems in rajarata and ruhuna as well as the stupa are indeed tremendous works of irrigation and bear witness to superior ingenuity and organising ability, for the time they were built. They compare very well among structures elsewhere in the ancient world. Terms like ‘granary of the East’ must be taken with more than a grain of salt. Facile use of such terms does not take account of whatever shreds of evidence there is of adversity in those times. Monsoon Asia over the ages has more or less regularly suffered from floods, droughts and consequent famines. The last dire famine was in Bengal in 1944. The irrigation works in Lanka were a magnificent response to those phenomena. The modern response has been scientific agriculture making India a major grain exporter, from near famine conditions in 1973-74. Recall Indira Gandhi’s garibi hatao (eliminate poverty) speech to the General Assembly of the UN, that year.

The bhikkhu who wrote down the tripitaka in aluvihara did so because there was the threat of a severe famine in the course of which learned bhikkhu might have come to harm. Buddhist thought over centuries had been passed from generation to generation vocally (saamici patipanno bhagavato savaka (listener) sangho) and the departure from that tradition must have required a major threat of famine. There are stories of bhikkhu from Lanka fleeing from dire straits. In the same vein, while the mahavamsa speaks of kings and their valiant deeds, there is little account of the large mass of little people who lived then. Sensible teaching of the history of a people must include the history of as much of the people as possible and some idea of the history of other peoples in comparable times to avoid feeling dangerously smug and arrogant, which we have seen many times over.

Usvatte-aratchi

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