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Former Foreign Secretary outlines enormity of Indian poaching in Lankan waters depriving our fishermen’s livelihood

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Bernard Goonetilleke

By Rathindra Kuruwita

There are about 3,500 trawlers operated by Indian fishermen operating around South India, out of which about 2,000 poach in Sri Lankan territorial waters, Bernard Goonetilleke, Chairman of the Pathfinder Foundation, said.

He said that Indian fishermen arrive about 500 meters from Sri Lanka’s shores three days a week, adding that a few years ago, it was estimated that Sri Lanka lost about 80 million U.S. dollars due to poaching and that the number should have increased significantly by now.

In the first few decades, following independence, Sri Lankan and Indian fishermen operated without boundary restrictions, Goonetilleke said.

However, agreements signed in 1974 and 1976 demarcated sea boundaries, the retired Foreign Secretary said. The 1974 Agreement was regarding historic waters between Sri Lanka and India in the Palk Strait and Palk Bay. This agreement also formally confirmed Sri Lanka’s sovereignty over the Kachchativu Island.

Article 5 of the 1974 Agreement states that “subject to the foregoing, Indian fishermen and pilgrims will enjoy access to visit Kachchativu as hitherto, and will not be required by Sri Lanka to obtain travel documents or visas for these purposes.”

Article 6 of the Agreement states that “vessels of India and Sri Lanka will enjoy in each other’s waters such rights as they have traditionally enjoyed therein.”

In this article, only the navigational rights of the vessels of both Sri Lanka and India over each other’s waters have been preserved.

An Agreement between Sri Lanka and India on the Maritime Boundary between the two countries in the Gulf of Mannar and the Bay of Bengal and related matters was signed in 1976.

The Agreement said “each party shall have sovereign rights and exclusive jurisdiction over the Continental Shelf and the Exclusive Economic Zone (EEZ) as well as over their resources, whether living or non-living, falling on its side of the aforesaid boundary,” it said adding that “each Party shall respect rights of navigation through its territorial sea and exclusive economic zone in accordance with its laws and regulations and the rules of international law.”

The 1974 and 1976 Agreements, taken together with the Exchange of Letters, that was signed between Kewal Singh, the then Foreign Secretary to the Government of India, and W.T. Jayasinghe, then Secretary to the Ministry of Defence and Foreign Affairs of Sri Lanka, has put the question of fishing rights beyond doubt. Paragraph 1 of the Exchange of Letters very clearly rules out any fishing rights for the fishermen of the two States in the waters of the other state which reads as follows; “fishing vessels and fishermen of India shall not engage in fishing in the historic waters, the territorial sea and the EEZ of Sri Lanka, nor shall the fishing vessels and fishermen of Sri Lanka engage in fishing in the historic waters, the territorial sea and the EEZ of India, without the express permission of Sri Lanka or India, as the case may be.”

While Indians lost access to Sri Lankan waters, local fishermen lost access to Pedro Bank, and Wadge Bank, the continental shelves off Cape Comorin at the southern tip of India, which had been profitable commercial fishing grounds since the 1920s for both Indian and Sri Lankan boats.

Goonetilleke said that although these agreements were signed, Sri Lankan fishermen were absent from the seas off the country’s north for about 30 years due to the war with the LTTE.

“We had to restrict the movement of Sri Lankan fishing boats. During that time, Indian fishermen operated in our waters freely. They still come to our waters based on that habit,” he said.

The Chairman of the Pathfinder Foundation said that Indian trawlers are large and numerous. Because of this, they have managed to compel Sri Lankan fishermen to stay home for three days of the week.

“Usually they operate on Monday, Wednesday and Saturday. They ask our fishermen not to operate on those days. Our boats are usually under 23 feet. When they lay the nets and wait, and if large Indian trawlers engage in bottom trawling or pair trawling, they can drag away our nets, our catch and even our boats. When this happens, there is often conflict,” he said.

Indians, for the past few decades, have been asking Sri Lanka to issue permits to their fishermen to operate in Sri Lankan waters, the Chairman of the Pathfinder Foundation said. However, there is stiff opposition to this among the Sri Lankan fishermen, he said.

“Sri Lanka has banned bottom trawling in 2017/18. Earlier, circa 2010, Indian fishermen, during a discussion with Sri Lankan counterparts, agreed to stop bottom trawling by 2012. The 2018 regulations note what steps are to be taken against Indians who poach in our waters.

“However, given that most of the Indians arrested do now own the boats and Sri Lanka’s recognition that these fishermen are compelled to take these jobs due to poverty, the 2018 law has a number of humanitarian provisions. For example, when we arrest Indian fishermen, we have to tell the Indian consulate, legal action has to be taken within 30 days, and we do not harass them while in custody. However, we only arrest a handful of them when they come to our waters three days a week and in fleets of thousands,” he said.



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Courtesy call by the Heads of Mission- Designate on Prime Minister

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The heads of mission designate to Sri Lanka paid a courtesy call on Prime Minister Dr. Harini Amarasuriya on 26th of March at the Prime Minister’s office.

The delegation comprised Dharshana M. Perera, High Commissioner – designate of Sri Lanka to Malaysia, Ms. Dayani Mendis, Ambassador and PRUN – designate of Sri Lanka to Austria, Ms. N.I.D. Paranavitana, Ambassador – designate of Sri Lanka to Ethiopia & African Union, Prof. (Ms.) M.I. Fazeeha Azmi,Ambassador – designate of Sri Lanka to Iran,  Saman Kumara Chandrasiri, Ambassador – designate of Sri Lanka to Israel, and  M. Farook M. Fawzer, Representative – designate of Sri Lanka to Palestine.

The Prime Minister, Dr. Harini Amarasuriya, extended her best wishes to the Heads of Mission–designate and underscored the importance of their forthcoming assignments in advancing Sri Lanka’s national interests emphasizing their collective role in contributing towards the socio-economic upliftment of Sri Lanka.

The Prime Minister further highlighted the importance of projecting a positive and credible image of Sri Lanka internationally, through consistent, professional, and strategic engagement in their respective host countries and multilateral platforms.

She encouraged the Heads of Mission to actively identify and facilitate high-quality investment opportunities, particularly in sectors aligned with Sri Lanka’s development priorities, with a focus on sustainability, innovation, and long-term value addition.

Particular emphasis was placed on the promotion and diversification of Sri Lanka’s exports, including the exploration of new markets and strengthening trade linkages.

The meeting was attended by the Secretary to the Prime Minister, Additional Secretary to the Prime Minister Ms. Sagarika Bogahawatta and heads of mission-designate.

[Prime Minister’s Media Division]

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SC finds Keheliya, others, guilty of violating FRs of public through corrupt drug procurement deal

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The Supreme Court yesterday held former Health Minister Keheliya Rambukwella and several senior health officials liable for violating the fundamental rights of the public over a controversial drug procurement carried out under the 2022 Indian Credit Line.

Delivering the judgment, a three-judge bench, headed by Chief Justice Preethi Padman Surasena, and comprising Justice Kumudini Wickremasinghe and Justice Janak de Silva, found that the procurement of medical supplies from an unregistered company, in breach of established procedures, had resulted in a serious infringement of public rights.

The Court ruled that the granting of a Waiver of Registration by the authorities was “wrongful, arbitrary and capricious,” and held that the direct procurement carried out on an unsolicited basis was unlawful. The transaction was accordingly declared null and void.

In a significant order, the Court directed Rambukwella to pay Rs. 75 million in compensation to the State from his personal funds.

The then Health Ministry Secretary Janaka Chandragupta and former Chairman of the National Medicines Regulatory Authority (NMRA), Prof. S. D. Jayaratne, were each ordered to pay Rs. 50 million.

The Court further directed NMRA Chief Executive Officer Dr. Wijith Gunasekara and former Director of the Medical Supplies Division Dr. Thusitha Sudarshana to pay Rs. 50 million each as compensation.

The ruling followed the hearing of a fundamental rights petition filed by Transparency International Sri Lanka and two other parties.

The Court also instructed the Commission to Investigate Allegations of Bribery or Corruption to initiate appropriate action under the Anti-Corruption Act against those found responsible.

Senior Counsel Senany Dayaratne, with Nishadi Wickramasinghe, Lasanthika Hettiarachchi, Janani Abeywickrema and Maheshika Bandara, appeared for the petitioners.

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Sajith nudges govt. to follow India’s example in giving relief to consumers by slashing taxes on fuel

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Sajith

Opposition and SJB Leader Sajith Premadasa yesterday urged President Anura Kumara Dissanayake to reduce taxes on fuel, just as the Indian government has done.

He said in a post on X that “Modi government has decided to reduce the Special Additional Excise Duty on petrol and completely remove it for diesel in order to cushion the hardship on the Indian consumer. High time for Anura Kumara Dissanayake to keep up to his election promise and follow suit.”

Meanwhile foreign media reported that India has slashed excise duties on petrol and diesel to protect consumers and rein in a potential spike in inflation, while imposing windfall taxes on aviation fuel and diesel exports, amid volatile global oil markets, as a result of the Iran war.

Global oil prices have surged past $100 per barrel after the near closure of the Strait of Hormuz, which serves as a conduit for 40% of India’s crude oil imports, since the US and Israel first struck Iran on February 28.

In a government order, released late on Thursday, India’s Finance Ministry reduced the special excise duty on petrol to three Indian rupees ($0.0318) per litre from 13 Indian rupees earlier. It also cut the duty on diesel to zero from INR 10 rupees per litre.

The government did not say how much the duty cuts would cost. The move comes ahead of elections next month in four Indian states and one federal territory, with Indian voters known to be extremely sensitive to higher prices.

“Government has taken a huge hit on its taxation revenues to ensure very high losses of oil companies, approximately 24 rupees a litre for petrol and 30 rupees a litre for diesel, at this time of sky high international prices, are reduced,” Indian Oil Minister Hardeep Singh Puri said in a post on X.

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