8 October 2020, NIICE Commentary 6106
Nuzhat Tasnim Rahman Raisa
The Indian Ocean has become an economic powerhouse and important maritime point for states within the region and beyond. Whoever is successful to extract the resources and routes of the region properly will ultimately win the power play in South Asia and most importantly Asia too. The region is located at a strategically important location, it deals with many problems such as border issues, terrorism, and illegal drug trafficking. One of the main maritime issues that the region faces is that between India and Sri Lanka. The states have issues coming to a consensus about their maritime border as well as the sovereign legitimacy of islands. The conflict of the fishery is one of the most thriving issues within the region, having many fishermen being arrested on the both sides of the border. While explaining the relation between India and Sri Lanka, it is important to discuss their maritime problems.
Background and History
India and Sri Lanka were ruled by the same imperial power, the British. In 1956, India extended unilaterally its territorial waters from three to six nautical miles and later claimed control of over 100 nm of the area. Sri Lanka followed suit but the tension was furthered in 1967 when both the states extended their maritime jurisdiction to 12 miles. However, in the 1970s, the maritime problems diluted slightly due to the agreements that they signed.
Sri Lanka had prestige as a popular naval center in occidental and oriental routes. Therefore, the sense of belonging in the region has definitely come through the traditions of years. India, on the other hand, has been used by previous dynasties and colonial powers to exploit any resources available in the Indian Ocean. The ports of Madras (Chennai), Bombay (Mumbai), and Calcutta (Kolkata) were established by the British in the mid to late 17th century.
Indian Ocean Region (IOR) and an Economic Powerhouse
The Indian Ocean Region (IOR) was an underrated ocean for many years and the efficient use of the ocean was to its minimum level. The Indian government under Modi has started to change its regional maritime strategy with his visit to three important Indian Ocean countries – Sri Lanka, Seychelles, and Mauritius during his 2015 tenure. Modi’s decision to visit the Maldives, an Indian Ocean country, on his first visit to any country in his second term ties in with India’s desire to assure its Indian Ocean vision. India has further taken steps to secure its position in IOR, including building a deep seaport in Indonesia’s Sebang. With its maritime economy in focus, India intends to promote smart and sustainable growth opportunities within the Indian Ocean region. The effort is being led by the Indian Ocean Rim Association and includes a spectrum of issues including fisheries, aquaculture, etc.
Sri Lanka might have challenges ahead, but it also has immense opportunities. The diversity of natural resources, fish stocks, and human capital indicate that the Indian Ocean has broadly favorable conditions to support trade-led growth in the IOR countries. In last 17 years, FDI inflows expanded five-folds: from USD 44 billion in 2000 to USD 239 billion in 2017. Given the region’s growing importance in global trade, it is likely that the IOR will see a rise in investments.
Kachachativu Island and Fishery Conflict
One of the biggest issues that have soured the bilateral relationship between India and Sri Lanka was Kachachavitu Island. The uninhabited island covers almost 295 acres of land. During the 1920s, the British used the island for their naval gunnery practice. A catholic church was built during the twentieth century at the island and many fishermen and pilgrims visited the church in the hope that they would be saved from turbulent seas and weather by St. Anthony. Fishermen communities of both India and Sri Lanka were able to move smoothly but the situation changed dramatically after the 1974 agreement was signed and the civil war in Sri Lanka started. However, conflict between the two states on the issue of fishery. It appears the issue is established in a perplexing blend of a few variables. Firstly, the ocean along the Indian side stays shallow and potential outcomes of immense fish catch stay exceptionally insignificant other than the consistent exhaustion of fish stocks, mostly on account of overfishing. Second, the enduring upsurge of Indian trawlers mostly because of the alleviation reserves doled out to Indian fishermen in the result of the 2004 torrent. Third, the arrival of Sri Lankan fishermen to Palk Bay once utilized solely by Indian fishermen, and the extension of Sri Lankan Navy watch recently confined by the nearness of Sea Tigers. At last, the issue is likewise owing to the closeness of the shores of the two India and Sri Lanka to the global sea outskirt. The Palk Strait, which is the region of concern, is only 22 miles of water that isolates the northern shore of Sri Lanka from the southeast shoreline of India. The global limit line is near both the countries and the limit is 11.5 nm from Rameswaram and 15.9 nm from Point Calimere.
The Indian authorities captured Sri Lankan fisherman who entered its waters and exposed them to a protracted arraignment system including the focal and state governments and the various services/offices. The Maritime Zone of India Act of India endorses detainment not surpassing three years or with a fine of up to Rs 1.5 million or both if outside boats entered its regional waters. This is in gross infringement of the arrangements of the UNCLOS-III which precludes detainment of fishermen who are discovered poaching.
Conclusion
India and Sri Lanka have been two important strategic states when it comes to the Indian Ocean but have both failed to use the region effectively. Regardless of how the clauses benefit one state or not, in the ground level, the animosity remains and most of the population only cares about their own livelihood rather than the bigger picture. The governments have either failed to come up with sustainable solutions in their agreements or have failed to implement their promises into actions. Either way, the maritime issues that the countries face can only be eradicated if the intention is as real as it is on the paper.
