Connect with us

Features

Bio-Piracy:

Published

on

A Pervasive Threat to Biodiversity and Human Security

By Ayodhya Krishani Amarajeewa
Regional Centre for Strategic Studies

Biosphere is a common heritage of the mankind. The free flow of fauna and flora is a natural process. The natural flow of fauna and flora does not take in to account the man-made political boundaries in their natural dispersion. In the past, this dispersion has served human kind greatly. Tea and rubber in Sri Lanka can be cited as a good example. These two plants came to Sri Lankan soil from far and dominated the Sri Lankan economy for years. In terms of nature’s systemic flow of fauna and flora around the world, any attempt to have exclusive right or monopoly contradict the the nature. The relationship between the humans and their surrounding is complex and multifaceted. History of human kind is a story of how they made use of their environment, natural and otherwise, for the benefit and progress. Cultures and Knowledge systems evolved as result of this human endeavor. With the advancement of science, their ability to make use of fauna and flora has enhanced rapidly. This has created serious challenges to the biodiversity, which is a cardinal principle of nature of dynamics. The issue of bio-piracy came to the forefront in this context. The use of modern technology and science goes to the extent of exploiting biodiversity and becomes a manipulated act, bio-piracy. Within this complicated process, traditional and indigenous knowledge get misappropriated and exploited. Using the power of science and technology, combined with political and economic might corporates and other actors commits acts of bio piracy, by monopolizing the use of fauna and flora and exploiting the traditional knowledge marginalizing the local and traditional communities who initially owned the knowledge and who were entitled to biodiversity in their locality.

In this context, the Regional Centre for Strategic Studies (RCSS) organized a webinar on the topic “Bio Piracy: Threat to Biodiversity and Human Security”, on Thursday 25th March 2021. Three world renowned Sri Lankan scholars: Prof. Siril Wijesundara, Research Professor (Plant Taxonomy and Conservation) at National Institute of Fundamental Studies and Former Director General at the Department of National Botanic Gardens, Peradeniya; Prof. Veranja Karunarathne, Senior Professor, Department of Chemistry, University of Peradeniya and Former Vice Chancellor of SLINTEC ACADEMY, Homagama; and Prof. Sarath Kotagama, Professor Emeritus, Department of Zoology and Environment Science, University of Colombo, presented and shared their views on the topic at the webinar. Prof. Gamini Keerawella, Professor Emeritus, Department of History, University of Peradeniya and the Executive Director of Regional Centre for Strategic Studies moderated the webinar.

 

Introduction to Bio-Piracy and the formation of Convention on Biological Diversity

Primary thought of bio-piracy comes into being when knowledge becomes livelihood. Knowledge became a livelihood, built on traditional knowledge of indigenous people. With this came the desire to come up with an international agreement of some sorts and there came into being the Convention of Biological Diversity in 1993. This convention came into existence with the idea that biological material need to be considered a resource highlighted Prof. Sarath Kotagama.

Prof. Sarath Kotagama remarked that the word “Biodiversity” was coined in 1986 and put into use in the 1980s, but the discussion about bio-piracy did not start until the recent past. Any piracy or pirate action of bio items is known as bio-piracy. Bio piracy is the practice of commercially exploiting naturally occurring biochemical or genetic material especially by obtaining patents that restrict its future use, while by failing to pay fair compensation to the community for which it originates. According to him, the illegal appropriation of life, micro-organisms, plants and animals (including humans) and the traditional knowledge that accompanies it, which then gets commercialized is known as bio-piracy. Doing something “any effort to find biological resources and the related indigenous knowledge for commercial exploitation” is called Bioprospecting. But, until recently, there has been no mention of bio-piracy or bioprospecting even though this had been occurring since the colonial times.

Prof. Kotagama highlighted the fact that biological diversity was a common heritage in the past. It didn’t matter where it originated. But in 1992, after the Convention of Biological Diversity (CBD), the developing countries said traditional knowledge is a sovereign resource that should not be common heritage. By this time, the traditional knowledge and knowledge inherent to indigenous communities was identified as common heritage. Later, in a battle (between the meetings in cities of Washington D.C and Rio De Janeiro) they claimed that the traditional knowledge is not common heritage and it is a sovereign right of the country that owns the bio items and traditional knowledge. According to Prof. Kotagama, even if the ownership was established and the countries secure the sovereign right for bio-items exported from their countries and their traditional knowledge, it was declared that if there is a humanitarian purpose and if it is for the use of humanity, the substance needs to be shared with the rest of the world.

The contest for the sovereign right was more of an effort after the blunder in bio-diplomacy between the United States and Nicaragua. Prof. Kotagama pointed out that when in Nicaragua potato blight occurred and potato started dying, North America had the solution, they had the original gene from the type of potato that Nicaragua was losing. Nicaragua wanted to get the original material the genetic production from the US as a solution to the issue at hand. But because of the political differences the US did not agree to send their genetic production to Nicaragua. Biodiversity issue became a matter of concern with this diplomatic occurrence. Prof. Kotagama highlighted that, with such issues amounting to tensed diplomacy between the countries, after the Convention, how resources must be used sustainably and equitably and how it should be conserved became a point of debate.

According to Prof. Kotagama, when biodiversity came into the picture, animal and plants were looked at differently, more of a resource with a commercial value. Coming to grips of the fact that livelihood is built on the traditional knowledge of the indigenous people (of traditional people) by them mattered most. Still the ongoing destruction of resources and nature in the word of development has not stopped and it is another fact that generated discussion on bio-piracy. What is traditional knowledge is important to know. In-situations – found in the ecosystems natural environment and ex-situation in gardens and home gardens, brought and planted in commercial and non-commercial situation, have an end product, a very good genetic production. Both non-commercial uses, taxonomy and conservation and commercial uses – biotechnology, horticulture, pharmaceutical, ultimately can achieve genetic production. All these together are considered traditional knowledge. This knowledge base was what has been in use and data were collected from the availability of such information. Taking substances from traditional knowledge it will be brought to a commercial platform and look at in benefiting from monetary way. Prof. Kotagama highlighted that giving it a commercial value is the issue. It comes to a point where some countries make money out of somebody else’s knowledge and possessions mercilessly.

 

Historical background of Bio-Piracy

Prof. Keerawella in his introduction highlighted that Patenting system as a form of blatant colonialism as it monopolizes the ownership of bio items of other countries and vested the power and authority in using the items and knowledge related to them with others other than the indigenous communities who owns the knowledge. He stated that one dimension of early colonialism was gathering information and data of fauna and flora from colonized countries and this has been a practice since many decades ago since the colonial times. When colonialism started, Alexander Johnston collected many books that contained information of fauna and flora and they were collected from Sri Lanka and India and he took them to London. Later Sir James Emerson Tennent (1804-1869) in his book “Ceylon: An Account of the Island Physical, Historical, and Torpographical with Notices of Natural History, Antiquity and Production” recorded all the information gathered on fauna and flora from Sri Lanka. And there is one Williams Johnes who was not only interested in language but culture, plants and animals in Bengal and India. These are the evidence that shows that the knowledge system was the most important aspect in Colonial domination.

The legitimate governments have motivated individuals to do various bio piracy activities, from gathering information to establishing gardens that will enable information gathering of fauna and flora in colonized countries. According to Prof. Siril Wijesundara, some of the historical events of bio-piracy shaped agriculture, forestry and even the economies of recipient countries. According to him, early explorers played a major role in expeditions where plants were involved. In terms of plant expeditions, even in the distanced past 3500 years ago, plants were taken from places they originated by the Egyptian rulers during their military expeditions. Passage of plants across geographical borders, aided by man became prominent about five centuries ago.

In recorded history, Vasco Da Gama, the Portuguese explorer and navigator, is the first person to sail directly from Europe to India in 1498. Prof. Wijesundara remarked that the first man to come to India was Da Gama and then lot of other people followed him. Therefore, the Portuguese played a major role in global dissemination of plants. They were the carriers of plants from temperate to tropics areas and vice versa. Some were to become major crops in their new habitats. In terms of introduction of new plants and crops, the Potato, the world’s fourth largest food crop, was introduced to Europe by Spanish conquerors from Peru in the 16th Century.

According to Prof. Wijesundara, the greatest bio-piracy in the 19th century occurred with Sir Henry Alexander Wickham falsely declared 70,000 live seeds of a valuable tree as “academic specimens” and smuggled those out from Brazil to England. Today. It is known as rubber. 27,000 of those germinated and on 12th August 1876, the Colonial Office, sent 38 cases containing 1919 rubber seedlings from Kew Gardens to Ceylon. The seedlings were planted at the Henarathgoda Botanical Gardens in Sri Lanka. In 1877 twenty-two of these young trees were sent to Singapore from Sri Lanka, and seedlings from those trees were distributed throughout Malaysia and Borneo. This is known to be an experimental station. That is how the Asian rubber industry began. In 1848, the British East India Company sent a Scottish Botanist, Robert Fortune on a trip to China to steal the secrets of tea horticulture and manufacturing. Prof. Wijesundara mentioned that the book “For All the Tea in China: How England Stole the World’s Favorite Drink and Changed History” by Sarah Rose discloses the information on how tea became the most favourite drink of the entire world. Robert Fortune has travelled from China to India and then to Ceylon bringing his stolen knowledge to these countries. These are the very known cases of bio-piracy in the colonial times.

Role of Botanic Gardens in plant introduction

According to Prof. Wijesundara, in the 17th and 18th centuries botanic gardens became key players in the plant introduction process. This continued through to the 19th and early 20th centuries although responsibility for introductions gradually transferred to agricultural stations or Departments of Agriculture. In Sri Lanka, Chief Justice at the time Aleander Johnston, suggested Sir Josehph Banks to have a botanical garden. Then he assigned the task to William Cur to set up a botanical garden. William Cur set up the first Botanical garden in Sri Lanka, in Slave Island. Since the place did not match the occasion, it was going to be moved to somewhere else and the first Botanic Garden Director, an opium addict dies and perished with the idea. In the last century, the British Empire instituted regular plant collections. Some plant collections were not done with the consent of the owners and this is true to many plant collection occurred in the colonized countries.

Bio-Piracy in the Modern Times: The Cases of Neem, Basmati and Turmeric

Both Prof. Sarath Kotagama and Prof. Siril Wijesuriya highlighted how in the modern times bio-piracy is happening citing the cases of Neem, Basmati and Turmeric as classic examples of modern bio-piracy and how the developing countries took action to overturn this trend of unfair patenting – or rather legalizing theft of bio items.

To be continued



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

America at 250: Most unfitting President, Biggest World Cup Tournament

Published

on

Messi and Yamal to face each other in Sunday’s World Cup Final

The world’s oldest constitutional democracy turned 250 on the Fourth of July, two weeks ago. It is a rather quirky coincidence that in the 250th year of its largely successful existence, America should be having as its president the most unfitting person in history, and that in keeping with the American trait for mixing serious purposes with fun and play, it should also be hosting perhaps the largest edition of the World Cup Football Tournament. The triple coincidence – the anniversary, Trump presidency and the World Cup – is not without some meaning.

The essence of the Trump presidency has been to recast America in the mould of Trump’s own vulgar and outlandish presuppositions about who belongs in America and what the rest of the world owes to America. Internal exclusions and external isolation have always been a part of American history, but Trump’s project has been to make them America’s sole and permanent purpose. Make America great again by making it more intolerant and more imperfect, as opposed to pursuing the country’s founding purpose of striving towards a “more perfect union.”

Trump is also giving a new meaning to America’s exceptional isolationism by slashing immigration, deporting American residents whom he and his Maga cabal don’t like for the vilest of reasons, withdrawing from global agencies that America created and closing down American agencies providing global services, imposing tariffs on every country and deeming them as payment for America’s past generosity under weak presidents, and threatening neighbours with annexation while militarily attacking others.

2007: Lionel Messi holding baby Lamine Yamal

He got his nose bloodied after listening to Netanyahu and starting a fight with Iran, made a fool of himself by first announcing that he will provide safe passage to ships through the Strait of Hormuz and charge them 20% of their cargo value, and immediately withdrawing it after being told that it was a lamebrained and impractical idea. The Iranian Foreign Minister tweeted that it is a good approach but 20% is too high! The reality is that Iran has effectively closed the strait again, after Trump said his ceasefire with Iran is over, and there is nothing the might of America can do about it – thanks solely to Trump.

The world, not to mention America, are back to where it was soon after February 28. And Trump is back to February 28, with more attacks on Iran while telling Israel to keep out of it and hoping that Iran will soon come to the table. The Iranian regime is insisting that it is Trump and not Iran who will have to blink first again. For the rest of the world and the people of America, fuel and fertilizer prices are again rising along with the prices of goods and services that depend on them.

Meanwhile, the Fourth of July marking America’s 250th Anniversary of American independence has come and gone. Every year, Americans cheer and celebrate the Fourth of July as a civic festival in their local communities. Families take their children to Washington, Philadelphia, Gettysburg and other historical sites to learn and appreciate their history. The state hardly gets involved and there are no military parades or flights of fighter jets. Trump changed it last year by holding a military parade in Washington but it did not excite anyone. The army had to go to extraordinary lengths to protect the city roads from cracking up while parading its massive tanks. This year Trump’s efforts to turn the 250th anniversary celebration into a personal vanity affair spectacularly backfired and what was becoming a national damp squib. Not so ironically, it was rescued by the 2026 World Cup tournament that began on Thursday, June 11 and will end on Sunday, July 19.

World Cup Down to the Wire

The 23rd FIFA World Cup hosted by America, Mexico and Canada with matches played in 16 cities – 11 in the US, three in Mexico and two in Canada – became a significant occasion for the US. It provided an antidote to Trump’s vain and unsuccessful usurpation of the country’s 250th anniversary, even as it became an occasion to show the world that there is still much more likeable about America in spite of all the ugly MAGA makeover that Trump has been giving it from the White House.

What is unique about America is that it is the first and the only immigrant country to become a superpower in world history. An open door country with a melting pot ethos, America has consistently struggled at every stage of its evolution to defy the homogeneity of the privileged, and to celebrate across-the-board heterogeneity in every aspect of the human condition. If the purpose of Trump’s presidency has been to break this arc of American history, the World Cup became an occasion to demonstrate that the arc will continue in spite of Trump.

The World Cup was an eye opener to both resident Americans and visiting football worshippers. Except for the Olympics sporting events, competitive sports in America are dominated by (American) Football, Baseball, Basketball and (Ice) Hockey, and the competitions are all limited to American teams along with some Canadian teams especially in Hockey. The extent of any international connection is limited to allowing players from Central America and Japan for Baseball, and from Canada and Eastern Europe for Hockey. In other words, American notions of exclusivity and self-sufficiency seamlessly extend to the world of sports from the universe of politics and economics.

The arrival of the World Cup, 32 years after America hosted its first and only World Cup in 1994, was an eye opener to American sports fans and the general public. This was international sports at their doorstep and an occasion to live through the experience of witnessing the world’s best exponents of the game fiercely displaying their talents in friendly competitions. The visiting fans who thronged the games brought life and diversity and retail spin offs to the cities where the games were played. The visitors to a person, both players and fans, were enthralled by the magnificence of America’s sporting facilities and the range of amusement and entertainment the host cities offered.

The tournament also became a smorgasbord of different nationalisms from around the world but manifesting pride and passion in support of national football teams and not boastful belligerence about national militaries. The teams were also more equal on the pitch than their governments are at the UN podium. The better teams of the day won in the end but every team made each game as competitive as it could. Small countries from West Asia, Africa and little Atlantic islands went boot-to-boot with European and South American giants and kept everyone guessing until the final whistle. The really big Asian countries – China, India, Indonesia etc. – could not qualify for admission, while Asia’s two industrial giants – Japan and South Korea – acquitted themselves well even though they were unlucky not to go beyond the group stage.

The team that America fielded should not have been allowed to represent the country based on Trump’s executive negation of all DEI (Diversity, Equity and Inclusion) programs in government and in federal hiring. But it did and the US team would have made the 1960s promoters of cross-racial ‘rainbow’ alliances proud. Similar rainbow teams have become the norm of almost all West European countries and England.

Players of colour have become superstars in western football teams and have quite clearly internalized natal nationalism as opposed to being assimilated by them. They are all descendants of birthright citizens of the old empires, a legal tradition that is more universal and anterior to the abolition of slavery and the 14th Amendment in the US, as Chief Justice John Roberts reminded the Trump Administration in overturning its executive order to end the recognition of birthright citizenship in America. A practice that is shared by three dozen countries.

The US Team at the World Cup began as a promising outfit playing with flair and freewheeling style and could have gone as far as the Quarter Finals to play Spain. The team was undone prematurely by Trump’s sleazy intervention with FIFA bosses to suspend the Red Card penalty ban of a US player, Folarin Balogun, for a foul he had committed in an earlier match. Trump’s role and the penalty suspension created a public uproar and in the upshot an inspired Belgium trounced the US whose players performed very poorly perhaps under the weight of the embarrassment that their President had inflicted on them.

The World Cup tournament itself is now down to the final match, the 104th of the tournament, on Sunday, July 19th, between the reigning World Cup champions, Argentina, and Spain, the current Euro Cup holders. The match for the Third Place will be played on Saturday (July 18), between France who lost 0-2 to Spain in a surprisingly one-sided game, and England who went down in a heartbreaking 1-2 defeat to Argentina after leading 1-0 up till five minutes before the final whistle.

The French were the tournament’s cracking team till they came up against Spain who had been belabouring until then. The English team had bestirred all of England back home with their gritty win against Mexico in its national stadium full of 85,000 spectators, but once again came up short in the penultimate game.

The final between Argentina and Spain will feature the 39 year old Argentinian maestro, Lionel Messi, looking to win his second World Cup, and the 19 year old Spanish prodigy, Lamine Yamal. The football internet is abuzz with a 2007 photograph showing then 20 year old Messi carrying Yamal as an infant during a photo session in Barcelona, Spain, where Messi played club football. On Sunday, in New York/New Jersey, they will face each other in a spirited encounter for the biggest prize in sports.

by Rajan Philips

Continue Reading

Features

Two memorable excerpts from a former SLAF commander’s memoir

Published

on

Prime Minister Magaret Thatcher at opening of the Victoria dam. President Jayewardene, Mahaweli Minister Gamini Dissanayake and Finance Minister Ronnie de Mel are also in the picture

These two excerpts from the forthcoming book, To Survive As One Nation, One People by Air Chief Marshal Oliver Ranasinghe. A Retired Commander of the Sri Lanka Airforce makes interesting reading. The first is of a sudden demand on the SLAF for emergency air support for the besieged Jaffna Fort when the only available helicopters were being prepared for a VVIP flight for UK PM Margaret Thatcher and her husband, Mark.

The second deals with ferying PM Rajiv Gandhi and his wife Sonia to Katunayake after a naval rating had hit Gandhi with a rifle butt.

In April 1985, the UK’s first female prime minister visited Sri Lanka to ceremonially declare open the Victoria Dam and Power Station built with aid under the patronage of Queen Elizabeth II. The completion of the project was a significant milestone for the Accelerated Mahaweli Development Programme, with the power station having an installed capacity of 210 MW. Two helicopters were stationed at Air Force Headquarters premises to fly the VVIPs at 6:30 a.m. on 12 April to Victoria Dam. I was Commanding Officer of the Helicopter Wing and assigned to fly Prime Minister Margaret Thatcher and her husband.

However, at around noon on the day before the flight, I got a desperate call from the Joint Operations Command (JOC) requesting that 250 troops be airlifted to the Jaffna Fort immediately, since “hot intelligence” had informed that the enemy had planned to attack the fort that night.

I did not have any helis in the Wing as all had been deployed throughout the North and East. The only other two serviceable helis were in the VVIP security cordon, standing by to fly Prime Minister Thatcher and the other VVIPs the next morning. According to VVIP flying procedures, the helis are kept for 48 hours before the flight within a security cordon which is well-guarded by guards and air dogs. No one is allowed to go witin the security cordon without the Commanding Officer’s approval.

I had to take a quick decision about whether to drop the troops using the two helis from the cordon and run the risk of having no heli to fly Prime Minister Thatcher the next morning. The alternative was to say “No,” to the Army and take the risk of losing hundreds of soldiers at the front, facing a humiliating defeat, loss of prestige, morale and losing the Jaffna Fort, which was the Army’s pride.

If the latter happened, our conscience would be inconsolable even today. When we were fighting the battle, we were one unit: Army, Navy, Air Force and Police. The Air Force was always there. We never said no. So, I took the decision to fly immediately to Jaffna to carry out the task using the two VVIP helis. I was taking a huge risk, jeopardizing my career in the Air Force, by disregarding the standing orders and removing the two helis from the VVIP cordon.

By 1:00 p.m., we took off from Katunayake for Jaffna, using the two VVIP helis without Air Force Headquarters approval. I was captaining one heli with Flight Lieutenant Lasantha Waidyaratne as my co-pilot. (He was the pilot who, a long time later on, landed a heli at Jaffna Fort in the impossible task code-named Operation Eagle.) Flight Lieutenant Tennyson Gunawardena was flying the other heli as captain. I had to fly as we did not have any pilots to spare.

From the Palaly airport, we flew with twenty-two passengers without seats, keeping within the maximum all-up weight, and headed into the Jaffna Fort, approaching with the wind and not headwind as usual, avoiding enemy guns.

By 5:30 p.m., Tennyson called me on the receiver transmitter unit and said, “Sir, it is raining heavily in Katunayake, and we have to go in bad weather in the night back to Katunayake. So can I leave now?” I said, “Okay,” and ensured the heli was made ready for the VVIP the next morning. In the meantime, I kept flying the balance troops.

I did not get down at all from the heli and refuelling, too, was done whilst I was sitting in the pilot’s seat. The Brigadier-in-Charge in Jaffna came up to the heli very late in the evening and told me that, if I couldn’t drop all troops that night, to do the balance first thing in the morning. I said, “No, I will drop all tonight as I have to fly back to Katunayake for a very important task.”

We dropped all 250 troops into the Jaffna Fort and, after refuelling at Palaly, left at around 10:00 p.m. to fly back to Katunayake. However, we got caught to heavy rain on the stretch from North of Mannar to Katunayake. The weather was so bad that we had to request radar assistance to steer to Katunayake. However, I decided to disregard radar advice and told my co-pilot to follow the coastline, just to be clear of obstacles such as high-tension wires. Helicopters do not fly in rainy weather, let alone bad weather, and definitely not at night, but we had no choice.

Lasantha, my co-pilot, swears that he has not done a bad weather flight of that nature, either before or since, in his flying career. In fact, he says that he matured as a pilot during the last hours of that flight!

At around midnight, we landed at Katunayake where the crew was ready to take the heli and clean it to VVIP standard, which they did throughout the night. I was relieved and happy that I could return to Katunayake the same night.

The next morning, we positioned the two helis by 6:30 a.m. at Air Force Headquarters premises to fly the VVIP. Prime Minister Margaret Thatcher and her husband, Mr.Denis Thatcher, had a safe and comfortable flight to Victoria and back. In fact, Mrs.Thatcher was fast asleep when we touched down in Colombo!

As the Commanding Officer of the No.4 Helicopter Squadron, I risked my life and career because I did not want the Jaffna Fort to fall into the enemy’s hands and lose Army lives. Also, I did not want to let down the VVIP and spoil the image of the Sri Lanka Air Force. If anything had gone wrong, obviously I would have been “thrown” in the sea. I believe such life and death situations reveal the inborn/emerging leadership potential of individuals.

This excerpt deals with flying Prime Minister Rajiv Gandhi and his wife, Sonia, to Katunayake after a naval rating on ab honour guard struck Gandhi with rifle butt.

In July 1987, I was out of the Helicopter Squadron and serving as Base Commander—Anuradhapura. The Commander of the Air Force called me one day and asked me whether I was still current on helis, and I said, “Yes.” He said, “I am sending a Bell 214 for you to do some flying training.” The next day, the heli arrived at Anuradhapura, and I got back into swing doing some flying training.

After two days, I was told to come to Katunayake to do a flight. I was told that I had to fly the visiting Indian Prime Minister, Rajiv Gandhi, from the Bandaranaike International Airport (BIA) to Galle Face and back. He was coming to sign the much-talked about “peace accord.” The Indian Prime Minister arrived at the BIA, and he was ferried to the Galle Face green, from where he was taken in a motorcade to President’s House to sign the Indo-Lanka Peace Accord.

Without taking much time, the motorcade returned to the Galle Face green. There was no panic. Rajiv Gandhi was smiling, but Sonia Gandhi helped Rajiv get in first, to the inner seat of the helicopter, and Sonia sat next to the window. If not for that, everything was normal.

I started up, switched on the VHF radio and contacted the Air Force Operations Room for take-off clearance. They told me that at the Navy’s Guard of Honour parade, there had been an incident targeting Rajiv Gandhi. That played havoc in my mind. I had to think that whoever planned and failed would have a “plan B,” and that would be to target the helicopter. Then I realized that, if so, both Rajiv Gandhi’s life and mine would be destroyed by “plan B.” That was my thinking. I had to save this VVIP, our state visitor. To do that, I had to make decisions on my own.

There was no one to tell me what to do. So, I took off in the most unexpected direction and avoided the usual route and followed a different route to BIA, whilst all the time being alert. Coming over BIA, I disregarded the usual approach procedure to the surprise of the Air Traffic Controllers and approached from the wrong direction and landed, but not in the designated landing place, to avoid a possible sniper or RPG attack.

The VVIP got off and walked away to the awaiting Indian Air Force aircraft. That relieved me of the tension of delivering the “precious cargo” in one piece.

(The book is distributed by the Vijitha Yapa Bookshop)

Continue Reading

Business

‘Giving up was never an option’: The fisherman  who fought back after losing millions in SL

Published

on

Seamax factory at Dickowita Harbour

 Spanish Israeli entrepreneur Simon Max Astandoust, a fourth-generation member of the renowned Astan fishing family, has endured years of legal battles, business setbacks and the loss of millions of dollars after investing in Sri Lanka’s fishing industry. Yet, despite the challenges, he has chosen to stay and rebuild.

 In an interview with the Sunday Island, the founder and CEO of Seamax Ceylon (Pvt) Ltd speaks about his struggle, the restoration of his state-of-the-art factory vessel Astan II, and his plans to introduce cutting-edge seafood technology to Sri Lanka.

 Q: You began operations in Sri Lanka in 2018. What was your original vision and investment?

 A: We started operations in 2018 with an initial investment of around US$1 million. Over time, that investment grew into several million dollars because we believed Sri Lanka had enormous potential in the fishing industry.

 My original intention was to develop a project through the Board of Investment (BOI) and introduce new technology to the country. However, the Government at the time encouraged us to work directly with it instead. We believed that this partnership would help us move forward faster and create something unique for Sri Lanka.

Overhauled Astan II

 Our goal was to operate within the harbour and establish a modern fishing operation centred around advanced technology and sustainable seafood processing.

 Q: What challenges did you face after starting operations?

 A: Around eight to 18 months after we began our investment, COVID-19 hit. The pandemic created enormous difficulties. In countries such as Spain and the United States, governments provided financial support to help businesses survive. Here, the Government itself was facing a difficult economic situation and was unable to provide similar assistance.

 Initially, we were told that there would be a grace period and that we would not be pressured for payments as long as we maintained our workforce and kept the operation alive. But later, that understanding changed, and demands for payments began despite the fact that we had a 15-year agreement.

 That was the beginning of the major conflict.

 Q: How did the change of Government affect your operations?

A: When a new Government came into power, the 15-year agreement signed with the previous administration was not recognized. The factory was closed and legal action was initiated against us.

 This was extremely difficult because we had invested heavily based on a long-term agreement. We had built infrastructure, brought in technology and created employment opportunities.

 During this period, while the vessel was caught up in legal disputes, a group of people attempted to take control of the ship. One of the most painful experiences was that some lawyers who had been working for us changed sides and supported those attempting to take the vessel.

Simon Max Astandoust

 The legal battle continued for years and only concluded in 2025.

 Q: Your vessel, Astan II, is central to your investment. What happened to it during this period?

 A:  Astan II is not just a fishing vessel. It is a huge factory vessel with a complete processing facility inside. It was designed to bring a completely new level of technology to Sri Lanka’s fishing industry.

 Unfortunately, because it remained idle during the legal proceedings, it suffered significant damage. Ships cannot simply sit in a harbour for months or years without proper operation and maintenance. The Sri Lankan weather conditions are particularly harsh on vessels.

The vessel deteriorated badly, but after we regained control, we decided to completely restore it. It was overhauled.

 Q: How much did the restoration cost and what work was involved?

 A:  The restoration cost approximately US$1.5 million and took about one year, beginning in 2025. The vessel was almost a complete rebuild. One of the biggest technical challenges was repairing the three generators. Because the harbour did not provide electricity, these generators had been running continuously to maintain the vessel. Over time, this caused significant wear and tear.

 Finding replacement parts was another major challenge. Many of these parts are not imported into Sri Lanka, so every component had to be sourced from different countries and brought in individually.

 A team of around 14 to 20 people worked on the restoration, including a Sri Lankan chief engineer and local professional deck crew. Their expertise and dedication were extremely important.

 Today, the vessel is in brand-new condition.

 Q: You mentioned that the absence of diplomatic representation made your struggle more difficult. Why?

 A: I hold Spanish and Israeli citizenship, and neither Spain nor Israel has an embassy in Sri Lanka. Normally, when a foreign investor faces serious difficulties, an ambassador can engage with authorities and help protect the investor’s interests.

 In my case, I had to face everything alone. I had to deal directly with government institutions and the legal system through my lawyers. Having diplomatic support would have made a significant difference. But ultimately, I had to rely on the courts and the legal process.

 Fortunately, the maritime judges understood the complexity of the situation and the importance of maritime law. Their fair approach restored some of my confidence.

 Q: Your vessel uses unique -70°C “Ultra-Fresh” technology. Can you explain how it works?

 A:  This is one of the most exciting parts of our project. The technology comes from Japan and is only about two years old. Traditional freezing methods often affect the quality of fish because the freezing process is slower and damages the texture. This technology works differently. It uses a glazing process where the fish is frozen from the outside, creating a protective layer.

Within approximately two hours, the fish is completely frozen. This process eliminates bacteria and preserves the quality of the fish.

When the fish is later defrosted using the correct method, it is almost exactly like fresh-caught fish from the ocean. The taste, texture and quality are preserved. At present, nobody else in Sri Lanka is carrying out this type of ultra-fresh freezing technology onboard a fishing vessel.

 Q: What advantage will this technology give Sri Lanka?

 A: Sri Lanka has excellent fishing resources, but we need to move beyond simply catching fish. The future is about value addition, quality control and accessing premium international markets.

With this technology, Sri Lanka can export seafood at a much higher value because customers will receive a product that maintains the quality of freshly caught fish.

 This is not just about one company. It is about introducing a new concept to the country’s fishing industry.

 Q: After everything you have experienced, why did you decide to continue investing in Sri Lanka?

 A: I come from a family of fishermen. This is my fourth generation, and my son represents the fifth generation. Fishermen are not people who give up easily. The sea teaches you resilience. You face storms, difficulties and uncertainty, but you continue. Of course, there were moments when I lost faith. Losing millions of dollars and spending years in court is not easy for anyone.

But eventually, the justice system gave me confidence again. The maritime judges understood the situation and treated the case fairly. That showed me that there are people in Sri Lanka who understand the importance of protecting investment and respecting the law. That is why I decided to continue.

 Many people told me that, despite the difficulties, the Sri Lankan judiciary would ultimately deliver justice. At the time, after years of uncertainty, it was difficult to know what the outcome would be. But in the end, that is exactly what happened. The courts examined the facts and delivered a fair judgment.

 The maritime judges understood the complexity of the situation and the importance of maritime law. Their fair approach restored my confidence—not only in the legal system but also in Sri Lanka itself.

 Q: What are your future plans for Seamax Ceylon?

 A: Our plan is to expand significantly. We intend to bring two or three more large factory vessels to Sri Lanka, along with five local fishing vessels. We also plan to establish a new processing factory near the beach. However, this time we will work through the Board of Investment rather than entering into a direct agreement with the Government.

 The BOI provides a structured framework for investors, and we believe this is the right way forward. My son Sam, who is the CEO of our US-based company, will also return to Sri Lanka to help introduce successful business concepts and support the next stage of development.

 Q: What keeps you motivated after such a difficult journey?

 A:The answer is simple: we do not give up. I come from a family of fishermen. This is my fourth generation, and my son represents the fifth generation. Fishermen understand struggle. You cannot control the ocean, but you learn how to survive. You face storms, difficulties and uncertainty, but you continue moving forward.

 I have lost money, faced difficult times and experienced moments of disappointment. But I never stopped believing in the potential of Sri Lanka. One thing that gave me strength was the faith many people placed in the country’s judiciary. I was repeatedly told that the courts in Sri Lanka would deliver justice, and ultimately that belief was proven right. The maritime judges understood the situation and gave a fair decision based on the law.

That experience reminded me that, despite challenges, Sri Lanka has institutions and people who respect justice. That is why I decided not only to stay but also to invest again.

For me, this is not merely a business project. It is about resilience, trust and proving that when you believe in something, you continue fighting until you succeed.

by Saman Indrajith ✍️

Continue Reading

Trending