News
Former Foreign Secretary outlines enormity of Indian poaching in Lankan waters depriving our fishermen’s livelihood
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.
News
Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
News
Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
News
CA dismisses GR’s writ petition against arrest
A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.
The writ petition was rejected in limine.
In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.
Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.
Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.
-
Editorial6 days agoBirth of a bad law
-
News4 days agoPolice remove Thileepan statue in Jaffna
-
News6 days agoTIN mandatory for key transactions from Nov. 1
-
Features4 days agoThe 22nd Amendment, constitutional recovery and illiberal slippage
-
Features4 days agoOf foreigners as CEOs of Lankan ventures
-
News4 days agoSajith rejects Jt. Opp. protest sabotage claim; SJB TU chief demands remedial action
-
Latest News2 days agoGold winner Tharanga gets brand-new Honda Vezel from SLAAJ
-
Features3 days agoThailand’s biggest new global star …
