Features

Exercising sovereign rights of a coastal state

Published

3 years ago

2023/11/3

Thilina Walpola

Indian trawlers in Sri Lankan waters

By Neville Ladduwahetty

Coastal states, such as Sri Lanka, could claim up to 200 nm as its Exclusive Economic Zone, according to the General Principles of the Law of the Sea. Consequently, Sri Lanka’s Exclusive Economic Zone (EEZ) is nearly eight times its land area. According to Article 56 (1) of the United Nation Convention on the Law of the Seas (UNCLOS):

“1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting conserving and managing the natural resources» whether living or non-living» of the waters superjacent to the sea-bed and of the sea-bed and its subsoil» and with regard to other activities for the economic exploitation and exploration of the zone such as the production of energy from the water currents and winds”.

In fact, recognition given to the provisions of the United Nations Convention on the Law of the Seas (UNCLOS) was underscored by India’s External Affairs Minister Dr. S. Jaishankar when, he, as the Vice Chair of the Indian Ocean Rim Association (IORA), at its 23rd Secession of the Council of Ministers, stated: “India’s priorities are clear.

It is our effort to develop an Indian Ocean community that is stable and prosperous, strong and resilient and which is able to cooperate within and to respond to happenings beyond the ocean. It is thus important to maintain the Indian Ocean as a free, open and inclusive space based on the UN Convention on the Law of the Seas (UNCLOS) as the Constitution of Seas.

“India’s commitment to the well-being and progress of nations of the Indian Ocean is based on our Neighbourhood First policy, the SAGAR outlook, our approach to the extended neighbourhood … A multilateral rules-based international order along with SINCERE RESPECT for SOVEREIGNTY and TERRITORIAL INTEGRITY (emphasis added) remains the Foundation for reviving the Indian Ocean as a strong community”.

MARINE SCIENTIFIC RESEARCH

Although UNCLOS recognises Sri Lanka as a “Coastal State” enjoying sovereign rights for the purpose of exploring, exploitation, conserving and managing the living and non-living natural resources, as well as jurisdiction over resource-related off-shore installations and structures, MARINE SCIENTIFIC RESEARCH (MSR) (emphasis added) and the protection and preservation of the marine environment”, the National Aquatic Resources Research and Development Agency (NARA) of Sri Lanka is not equipped to carry out marine scientific research in such a way as to make a meaningful contribution to Sri Lanka’s national interests.

For instance, NARA has the capability to stay only five days out at sea, whereas Shi Yan 6 has the capability to operate 80 days out at sea. Therefore, by necessity, NARA is compelled to collaborate with another country that is suitably equipped if the quality of its research is such that it furthers Sri Lanka’s interests; a policy it is reported to have resorted to in the past when Sri Lanka collaborated with countries such as the US and Norway.

Not to exercise the sovereign right to engage in “maritime scientific research” as per Article 56 (1) (ii) of UNCLOS because of spurious “concerns” of India and the US sets a precedent to deny other rights. Furthermore, by limiting the research only to two days as reported, Sri Lanka has been denied the opportunity to gather information that could serve its national interests. This denial is a violation of a sovereign right of a sovereign State.

EXPLOITATION of RESOURCES in SRI LANKA’S EEC

The exploring, exploiting, conserving and managing living and non-living natural resources of a coastal state within its EEC is a sovereign right. Despite this, it is a well recorded and reported fact that thousands of trawlers from India enter Sri Lanka’s EEC and not only exploit its resources but also destroy marine resources by resorting to bottom trawling.

In a United Nations-Nippon Foundation of Japan Fellowship Programme of 2016, Aruna Maheepala claims: “There are over 5,000 mechanised trawlers in Tamil Nadu and nearly 2,500 of them enter Sri Lankan waters on Mondays, Wednesdays and Saturdays and often coming at 500 m of the shoreline (emphasis added) …. More than 50,000 marine fishers live in the northern fisheries districts (Jaffna, Kilinochchi, Mannar, Mulative), and they account for about one-fourth of the marine fishers of the country.

Before the commencement of the war (1982) around 40% of the fish production of the country came from Northern fishery districts (except Kilinochchi). However, contribution of the fish production in the northern fishery district drastically dropped to 5% in the peak period of the war (2008) and gradually increased after 2009. Livelihoods of Sri Lankan fishers’ have been drastically affected as a result of the Indian poaching”.

Judging from the map of Sri Lanka’s EEC and its proximity to India’s coastline, to claim that Indian trawlers “drift” into Sri Lankan waters is unacceptable. On the contrary, the India trawlers “drift” into Sri Lankan waters because they have exhausted the resources within India’s EEC.

In the context of the ground situation cited above, for Dr. Jaishankar’s claim that ‘India is committed to the well being and progress of nations of the Indian Ocean is based on our Neighbourhood First’ is far from the truth. Instead, it sounds more like India First in the neighbourhood. To expect India to address this issue despite Dr. Jaishankar’s commitment to “a multilateral rules-based international order along with sincere respect for sovereignty and territorial integrity” is only a pipe dream because it is alleged that the majority of Indian fishing boats entering Sri Lanka waters are connected to Indian politicians who are Members of the Legislative Assembly of Tamil Nadu.

Furthermore, since Sri Lanka’s legal provisions are limited only to violations relating to the illegal plunder of its resources by individuals and their fishing crafts, no action can be taken against those who sponsor and finance such acts. Therefore, there is an urgent need to review existing legal provisions and revise and update them in order to meet current challenges.

PRROPOSAL to SET UP an ANTI-NARCOTIC COMMAND

The need to establish an Anti-Narcotic Command was reportedly realised after detecting the 200 kg of heroin valued at Rs. 4.5 billion, which was intercepted in the high seas. While this is a long overdue measure, it must be accepted that this “interception” is one of many that went undetected; this is inevitable when about 2500 mechanised trawlers brazenly enter Sri Lankan waters three times a week with absolutely no regard to Sri Lanka’s sovereign rights.

In such a context, Dr. Jaishankar’s sincerity and respect for Sri Lanka’s sovereignty will have no significance unless and until India is held accountable for deliberately overlooking the vandalism caused not only to Sri Lanka’s marine resources but also to security related issues such as crimes relating to drugs, human trafficking, arms smuggling and money laundering.

Even if India and Sri Lanka work out an arrangement to compensate Sri Lanka materially for the lost revenue to the Sri Lankan fishing community and for the damage done to its marine resources, the very fact that Indian fishing craft continue to enter Sri Lanka’s EEC means that the threats to security from drugs and other crimes would continue unabated despite the establishment of an Anti-Narcotic Command because no Command, however effective, would be able to identify which of the 2,500 Indian trawlers that come three times a week become the means by which to support other crimes that are a threat to Sri Lanka’s security. The collective cost to the Sri Lankan State and its citizens pales in significance compared to the loans and lines of credit given by India.

The irony is that Sri Lanka is prepared to address security concerns of India but India is totally impervious to those of Sri Lanka, not to mention the loss of livelihood to its citizens and to deny their opportunity to develop its fishing sector.

DRAFT OF FISHERIES AND ACQUATIC ACT

A draft of an Act to repeal and replace the existing Act of 1996 is presented below:

“AN ACT TO REPEAL AND REPLACE THE FISHERIES AND AQUATIC RESOURCES ACT No. 2 of 1996. AN ACT TO PROVIDE FOR THE REGULATION, LONG TERM CONSERVATION AND SUSTAINABLE USE OF MARINE FISHERIES AND AQUATIC RESOURCES, AND MARINE ECOSYSTEMS FOR THE BENEFIT OF THE PEOPLE OF SRI LANKA; TO GIVE EFFECT TO SRI LANKAS’ OBLIGATIONS UNDER REGIONAL AND INTERNATIONAL AGREEMENTS; AND TO REPEAL AND REPLACE THE FISHERIES AND AQUATIC RESOURCES ACT, No. 2 of 1996 AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH WITH OR INCIDENTAL THERETO”.

“PART VII – SCIENTIFIC RESEARCH AND DATA COLLECTION”

“Section 92 – Scientific research by fishing vessels Section 93 – Scientific research by a foreign research organization or another State Section 94 – Fisheries Data Collection Programs Section 95 – Collection, transmission and validation of data”.

“PART XI – MEDIATION, ADMINISTRATIVE AND JUDICIAL PROCEEDINGS”

“Section 147; Cost Incurred by the State

The owner or charterer of a foreign fishing vessel, upon conviction, shall bear any cost or expenditure incurred by the State, as determined by Court where an application is made on that behalf by the State in all or any of the following instances: a) the seizure of the foreign vessel for an offence under this Act, including any relevant costs of pursuit of a vessel; b) the prosecution for an offence in accordance with this Act; and c) the repatriation of the master or crew of any vessel seized under this Act. 2. The amount of any cost and/or expenditure awarded by Court under subsection (1) may be recovered as a fine and shall be imposed in addition to any other fine or penalty that has already been determined by Court. 3. Nothing in subsection (1) shall be deemed to permit the recovery of any cost and/or expenditure that has already been recovered pursuant to any other Order made under this Act. 4. If it intends to apply for pursuit costs in accordance with subsection (1) (a), the State shall, fourteen (14) days prior to a trial of the offence, serve the accused with written details of such costs”.

While Part VII addresses issues relating to scientific research and data collection by foreign organization or a State, Part XI that deals with costs incurred by Sri Lanka is totally inadequate because it is based on individual penal responsibility of violators, when the violations to Sri Lanka’s sovereignty and resources are committed collectively by 2500 plus trawlers that invade Sri Lanka’s EEC. Therefore, this aspect requires serious revisions to the Draft Act. Another serious omission in the draft is the non-inclusion of any relevant provisions of UNCLOS and the need to specifically refer to UNCLOS in the preamble to the draft Act instead of the vague reference to “OBLIGATIONS UNDER REGIONAL AND INTERNATIONAL AGREEMENTS”.

HARD REALITIES

Prior to exploring strategies to deal with the challenges cited above, Sri Lanka has to recognise certain hard and irrefutable realities.

The first hard reality is that threats to Sri Lanka’s security, the economic wellbeing of its citizens, in particular those in the North and East of Sri Lanka and the plunder and damage of its natural resources are committed by Indian citizens against the interests of Sri Lanka and its citizens. Therefore, all issues relating to the illegal entry of fishing trawlers from the territory of India should be addressed at the bilateral level, between the governments of India and Sri Lanka and not with the state of Tamil Nadu; a serious mistake that has failed Sri Lanka for decades.

The second hard reality is that threats in whatever form come from the unlawful encroachment of thousands of fishing trawlers into Sri Lanka’s EEC in total violation of its sovereignty; a fact recognized as a right by all Coastal States.

The third hard reality is that no Acts of Parliament or security related arrangements such as Anti-Narcotic Commands, however effective, would be able to make a dent in the aggression because of the scale of the ongoing operations; a fact evident from the report that Sri Lanka’s Navy has arrested nearly 180 fishers and taken 27 trawlers into the custody this year. (The island, October 30, 2023).

The fourth hard reality is that if the livelihoods of those in the North and East of Sri Lanka associated with the fishing sector are to be restored and Sri Lanka wishes to develop its fishing sector as part of its economic development, the illegal entry of thousands of mechanised trawlers from India has to stop. If nothing is done it amounts to an international crime of annexing part of Sri Lanka’s EEC by India.

CONCLUSION

The facts presented above show the gross violations committed by the Indian state of Tamil Nadu. The Central Government of India is fully aware of these violations but does nothing for reasons of internal political compulsions, although this kind of aggression amounts to a complete disregard of the sovereign rights of a Coastal State embodied in the provisions of the UN Convention on the Law of the Seas. India has made a mockery of the much-touted policy of Neighbourhood First.

Therefore, if India is not to lose its credibility and make disingenuous statements about its “sincere respect for sovereignty and its commitment to the well-being and progress of nations”, it should finance the development of the fishing sector of Tamil Nadu to engage in deep sea fishing as an alternative to violating the sovereign rights of its neighbour’s EEC.

In the meantime, Sri Lanka should call for Expressions of Interest to invest in a Joint Venture in order to develop its fishing sector in the North and East of Sri Lanka which was 40% of the total production (Maheepala cited above) as a significant component towards Sri Lanka’s food security. Until then, the potential loss in revenue incurred by Sri Lanka due to the violations committed by a state of India should be factored in the settlement of financial commitments to India.

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Features

New US sanctions on ICC, a fillip to worldwide political repression

Published

9 hours ago

2026/10/15

Thilina Walpola

The International Criminal Court in session. UN Photo/Eskinder Debebe

US Secretary of State Marco Rubio’s warning to the International Criminal Court (ICC) was stark: ‘Either the ICC will end its threats, or we will end the ICC.’ It followed US central administration accusations that the court was unfairly targeting Americans on the basis of trumped-up war crimes charges.

However, a new plethora of sanctions has been clamped on the ICC by the US, which in turn has spurred accusations by sections of the world that the latter has unleashed an ‘assault’ on the international legal order.

What some of the sanctions would mean for the ICC was outlined by Rubio: ‘We will ban transactions with this rogue court, cutting off their resources and crippling their ability to operate against us.’

The ICC has shown consistency of purpose over the years. Despite some operational constraints it has indicted a large number of political strongmen from around the world, accused of war crimes and other governance excesses that come under its purview. Two such recent figures are: Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.

Rather than enjoy a mere nominal presence in the world community, the ICC has proved its effectiveness by detaining and bringing to justice scores of VIP politicians and others of their ilk who have been found guilty of human rights abuses and kindred excesses that come within the terms of reference of the ICC.

Accordingly, the international justice system would be stymied considerably as a result of the ICC being dis-empowered, particularly financially. Needless to say, potential and real perpetrators of the species of crime coming under the jurisdiction of the ICC would stand to gain most from such anarchic tendencies. That is, political repression globally would be enabled to enjoy a new lease of life.

A detailing of the types of crime coming under the purview of the ICC provides an idea of what it would cost the international community if the ICC’s operations are gravely hampered. They are mainly: genocide, war crimes, crimes against humanity and the crime of aggression.

That is, the part of the world to be worst affected would be the global South, since the latter is awash with the mentioned crimes. Needless to say, a chronically-disaffected South will sooner rather than later undermine the well being of the world dangerously. The world is already being put through these paces.

At the time of writing, ‘illegal migrants’ from the South, for example, are aggravating many a Western economy’s woes, besides creating for them acute law and order issues. The fact that these migrants’ presence goes on to become a virtual test of the migrant receiving states’ ability to forge domestic social inclusion in the face of jingoistic protests by mainly white supremacist groups is evidence of the latter. As is known, the US, to take just one example, has been up against this crisis for quite a while.

Accordingly, it will be in the best interests of the West if ‘illegal’ migrant arrivals on their shores are stemmed. If the socio-political and economic problems assailing the South are effectively managed through North-South collaborative, ‘trouble-shooting’ efforts the causes leading to ‘illegal’ migration and connected issues could be resolved at source as it were. For, it is the aggravation of the South’s material questions that lays the basis for the emergence of repressive and anti-democratic regimes in the hemisphere.

Until such time that the aforementioned issues in North-South relations are visited afresh and addressed urgently, a vibrantly functioning ICC would be needed. For, the latter would prove a deterrent to Southern political and military strongmen, highly prone to power abuse and like excesses, from coming into being in the wake of the South’s chronic material woes and the wars and conflicts that result from them.

It stands to reason then that the US would be acting in its own interests by enabling the ICC to perpetuate its mandate without hindrance. For a crop of issues that impinges negatively on internal law and order would be defused.

Meanwhile, there needs to be a meeting of minds among the rest of the West to put back in place a North-South dialogue process aimed at reducing some of the economic pressures that are weighing on the South.

Since economics usually drives politics it will be in the interests of the world community to scrutinizingly re-visit North-South issues of the past and put in place economic relief packages for Southern publics that would enable them to tide over their material hardships rather than permit the latter to aggravate into social disaffection and eventually armed militancy. It is the latter juncture that paves the way for the emergence of authoritarian rulers in the South who then go on to be a blight on their publics.

Accordingly, the Southern-based global development thinking of the past that envisaged a more equitable world economic order needs to be seen as an urgent need. That is, NAM’s international development paradigms need to be resuscitated to the extent possible.

It is unlikely that rightist governments of the West, such as the current Republican administration in the US, would find these projects feasible, but democratic states of Europe, led by perhaps the UK, are likely to think otherwise. For it would not be beneficial for the democratic world to be having on their hands repressive governments in the South who would be gravitating towards the major military and economic actors of the South, such as Iran and North Korea, who tend to be in constant power struggles with the West.

However, until such time that the mentioned, pro-people initiatives are given serious thought the ICC would need to be enabled by the international community to be in place comfortably and carry on with its mandate of bringing repressive rulers to book. Besides the ICC should pave the way for the peoples of the developing world to enjoy some substantial respite from the political repression and even terror which tend to be their lot.

Meanwhile, the wars of West Asia are relentlessly aggravating the economic hardships of people everywhere, driving the point home to enlightened sections that there is no alternative to peacemaking. A challenge is to convert the US under President Trump to this line of thinking.

Features

Clear, soft and shine-free skin

Published

9 hours ago

2026/10/15

Thilina Walpola

This week, I give you five simple, time-tested homemade remedies that help reduce the appearance of blemishes, control excess shine and leave your skin feeling softer and smoother.

The Honey and Lemon Brightening Dab:

For stubborn blemish marks, this is a classic. Mix one teaspoon of pure bee honey with three to four drops of fresh lemon juice. Apply gently, only on the affected spots, and leave for 10 minutes before rinsing with lukewarm water. While honey soothes and softens, lemon helps to brighten naturally. Use twice a week in the evening.

Besan and Rose Water Oil-Control Pack:

An ideal remedy to combat shine, especially on the T-zone. Take two teaspoons of besan (gram flour) and mix with sufficient rose water to form a smooth paste. Add a pinch of turmeric for its antiseptic goodness. Apply evenly, keep for 15 minutes and wash off. It absorbs excess oil without over-drying, leaving a beautiful matte finish.

Aloe Vera and Cucumber Ice Soother:

Blend fresh aloe vera gel with the juice of a grated cucumber and freeze the mixture in an ice tray. Each morning, wrap one cube in a soft muslin cloth and gently rub over a cleansed face for 30 seconds. It calms, tightens pores and imparts a baby-soft smoothness.

Oatmeal and Curd Gentle Polish:

Roughness and old blemish marks need gentle exfoliation. Combine one tablespoon of finely powdered oatmeal with one tablespoon of fresh curd (yoghurt). Massage very gently, in circular motions, for one minute, leave for five minutes and rinse. It removes dead cells and unveils softer, clearer skin.

Multani Mitti and Green Tea Magic Mask:

Brew some green tea and allow it to cool completely. Mix one and a half teaspoons of Multani Mitti (Fuller’s Earth) with the tea water to make a fine paste. Apply for 10 to 12 minutes – do not let it dry and crack completely – and wash off. It draws out impurities, fades blemishes and bestows a fresh, shine-free glow.

A Gentle Reminder:

As with any natural remedy, always do a patch test on your inner arm first. For those with oily or combination skin, avoid heavy coconut oil application and harsh scrubbing, as they tend to aggravate shine and blemishes.

Features

Compete, shine and be discovered at WCOPA 2027

Published

9 hours ago

2026/10/15

Thilina Walpola

Dream of performing on a world stage? Well, here is your unique, golden opportunity!

The World Championships of Performing Arts (WCOPA) — the one and only official “Talent Olympics” — is the world’s premier global platform for aspiring singers, dancers, actors, models, instrumentalists, etc., to compete, shine and be discovered!

And, yes, this world stage is open to YOU, Sri Lankans living in Sri Lanka and overseas!

Held annually in glittering Las Vegas, WCOPA brings together over 70 countries, all competing for Gold, Silver and Bronze Medals, just like the traditional Olympics.

Lakisha Bernard: Will represent Team Sri Lanka at WCOPA 2027

Outstanding performers vie for the coveted titles of Junior and Senior Grand Champion Performer of the World, with winners and standout participants awarded over $500,000 in scholarships, cash awards and prizes to catapult their education and careers!

Sri Lanka is already making waves! At WCOPA 2026, Natharie Wickramasinghe, representing Team Sri Lanka, made the nation proud by winning a Bronze Medal in the Ethnic/Folklore Dance category!

Lakisha: Accomplished freelance Model and Fashion Design graduate

Recruitment for this prestigious competition is handled through a system of scouts and licensed National Directors — and this is where our very own Chris Rajendra, now based in Las Vegas, and National Director for Team Sri Lanka, comes into the scene.

If you are a singer, dancer, actor, model, instrumentalist — if you have talent burning inside you — contact Chris Rajendra today for registration and, who knows, you may find yourself in Las Vegas, and proudly draped in the Sri Lankan flag, at WCOPA 2027!

The contact address is: Chris Rajendra, wcopa.nationaldirector.sl@gmail.com

or chris.rajendra@gmail.com

Meanwhile, a star is born for 2027, in the form of Lakisha Bernard who is all set to represent Team Sri Lanka at WCOPA 2027.

Originally hailing from the sun-drenched coastal city of Colombo and now carving out her creative career in Canada, 22-year-old Lakisha is stepping into the international spotlight.

This accomplished freelance Model and Fashion Design graduate has officially been appointed as the Team Sri Lanka Promoter for Canada as she prepares to represent Team Sri Lanka at WCOPA in Las Vegas.

Lakisha brings a unique blend of high-fashion sensibility, captivating camera presence and expert garment design to the Team.

Having built her career, from local college shoots to high-glamour concepts, Lakisha’s inspiring journey embodies the true spirit of cultural bridge-building and creative resilience, bringing immense pride and recognition to Sri Lanka on the global stage.

WCOPA 2027 will be held at the legendary Westgate Hotel & Casino, Las Vegas, from 12th to 20th July – the very same iconic arena where the late, great Elvis Presley himself performed!

Your moment is now. Your stage is Las Vegas, so hurry and contact Chris Rajendra.