By Sarath Wijesinghe President’s Counsel (LL.M (UCL)), former Ambassador to UAE and Israel, President of the Lanka Ambassador’s Forum – United Kingdom, Solicitor in England and Wales

The issue of illegal fishing by Tamil Nadu fishermen in Sri Lankan waters is a significant and contentious matter that impacts the livelihoods of local fishermen, marine biodiversity, and the relationship between Sri Lanka and India. Sri Lanka’s Minister of Fisheries, Hon. Douglas Devananda, has been vocal about the challenges faced by Sri Lanka due to the incursion of Indian fishermen into its territorial waters, particularly the use of bottom trawling, a destructive fishing method that devastates the seabed and marine ecosystems.

The practice of bottom trawling involves dragging heavy nets across the ocean floor, which not only captures a large number of fish but also severely damages the marine habitat. This method has been banned in Sri Lanka since 2017 due to its detrimental environmental impact. However, the enforcement of this ban remains a challenge, as Tamil Nadu fishermen continue to use bottom trawlers in Sri Lankan waters, leading to overfishing and depletion of marine resources that are crucial for the sustenance of local communities.

The frequent incursions of Indian fishermen into Sri Lankan waters have led to tensions between the two countries. There have been numerous incidents of arrests and detentions of Indian fishermen by Sri Lankan authorities, which in turn have sparked diplomatic protests and demands for their release. These confrontations not only strain the bilateral relations but also highlight the need for a comprehensive and sustainable solution to the issue. Efforts have been made to address this problem through diplomatic channels and joint mechanisms. For instance, the India-Sri Lanka Joint Working Group on Fisheries has been established to discuss and resolve fishing-related issues. Both countries have also engaged in talks to demarcate the maritime boundary and create a zone of cooperation in the Palk Strait, where most of the illegal fishing activities occur.

Moreover, there is a growing recognition of the importance of sustainable fishing practices and the need to protect marine ecosystems. Initiatives such as community-based management, the promotion of alternative livelihoods for fishermen, and the implementation of marine protected areas are being explored as potential solutions.

The conflict over fishing rights has led to tensions between the two countries, with the Sri Lankan Navy frequently detaining Indian fishermen and their boats for violating Sri Lanka’s territorial waters. The repeated instances of such detentions have become a sore point in India-Sri Lanka relations, with the issue often escalating to diplomatic levels. The Indian government has, on numerous occasions, intervened to secure the release of the detained fishermen, emphasizing the need for a humane and considerate approach to the issue. In response to these detentions and the ongoing disputes over fishing rights, Tamil Nadu fishermen have staged protests and called for the resumption of dialogue to address the issue. These protests have highlighted the plight of the fishing communities in Tamil Nadu, who rely on the maritime resources for their livelihoods. The fishermen argue that their traditional fishing grounds overlap with Sri Lankan waters, and they demand a more equitable arrangement that allows them to fish without the fear of detention.

The issue is further complicated by the historical and cultural ties between the Tamil Nadu fishermen and the Sri Lankan Tamils. The ethnic connections between the two communities have led to a sense of solidarity, and the fishermen’s protests often gain support from various political and civil society groups in Tamil Nadu.

To address the ongoing conflict, both the Indian and Sri Lankan governments have engaged in bilateral talks and established joint mechanisms, such as the India-Sri Lanka Joint Working Group on Fisheries. These forums aim to facilitate dialogue, enhance cooperation, and find sustainable solutions to the fishing disputes. Discussions have focused on measures such as the establishment of a joint patrolling system, the exchange of information on illegal fishing activities, and the exploration of alternative fishing methods that are less harmful to the marine environment. Moreover, there have been calls for the implementation of confidence-building measures, such as the release of detained fishermen and boats as a goodwill gesture, to create a conducive atmosphere for negotiations. The ultimate goal is to reach a comprehensive agreement that balances the interests of both countries and ensures the livelihoods and security of the fishing communities.

The Sri Lankan government, represented by Fisheries Minister Hon. Douglas Devananda and Foreign Minister Hon. Ali Sabry, has emphasized the need for a pragmatic and diplomatic approach to resolve the dispute over fishing rights. They have stressed the importance of protecting marine resources and ensuring the sovereignty of Sri Lanka’s maritime territory. The issue is not only about the illegal incursion of Indian fishermen into Sri Lankan waters but also
about the broader implications for the country’s marine biodiversity and the livelihoods of local fishing communities.

In this context, the Sri Lankan government has been firm in its stance on safeguarding its marine resources. This was exemplified when the Tamil Nadu government made a request to allow Indian fishermen to enter Sri Lankan waters for fishing, which was categorically rejected by Sri Lanka. The refusal indicates a clear position that the sovereignty of Sri Lanka’s territorial waters is non-negotiable and that any solution to the fishing dispute must respect the country’s legal and environmental boundaries. Furthermore, the Sri Lankan authorities have been advocating for responsible fishing practices and the adherence to international maritime laws. The ban on destructive fishing methods like bottom trawling is a testament to Sri Lanka’s commitment to preserving its marine ecosystem. The government has also been exploring alternative livelihood options for its fishermen to reduce dependency on traditional fishing grounds and to promote sustainable fishing practices.

The diplomatic efforts by the Sri Lankan government are aimed at finding a mutually beneficial resolution to the fishing dispute. Engagements with the Indian government and Tamil Nadu authorities have focused on establishing a framework for cooperation that addresses the concerns of both parties. This includes discussions on delineating fishing zones, joint patrolling, and information sharing to prevent illegal fishing activities.

The economic impact of illegal fishing is substantial, with estimates of losses ranging from $350 million to $900 million. These losses are not just limited to the direct depletion of fish stocks, but also extend to the broader economic effects on local communities and the fishing industry as a whole. The livelihoods of thousands of fishermen and their families are adversely affected, leading to a ripple effect on the local economy, including reduced income, job losses, and increased poverty levels. The environmental consequences of illegal fishing, particularly through destructive practices like bottom trawling, are equally severe. Bottom trawling is akin to the deforestation of areas like the Sinharaja rainforest, in that it leads to the irreversible destruction of marine habitats. This method of fishing involves dragging heavy nets across the seabed, which not only captures a large number of fish but also destroys the complex ecosystems that are essential for marine life. The result is a loss of biodiversity, with long-term effects on the health and sustainability of the marine environment.

The damage caused by bottom trawling is not easily reversible. It can take decades for marine ecosystems to recover, if they recover at all. The loss of coral reefs, seagrass beds, and other critical habitats leads to a decline in fish populations, which further exacerbates the economic challenges faced by local fishing communities. Additionally, the destruction of these habitats disrupts the balance of the marine ecosystem, affecting not just the targeted fish species but also other marine life that depends on these habitats for survival. A diplomatic approach is crucial in addressing this issue, as it involves the interests and sovereignty of two neighboring countries. Constructive dialogue and negotiations are necessary to establish mutually agreeable terms that respect the maritime boundaries and fishing rights of both nations. This includes the formulation of joint strategies for sustainable fishing practices and the equitable sharing of marine resources.

Enforcement of laws is another critical aspect of the solution. Sri Lanka must continue to uphold its fishing regulations, including the ban on bottom trawling, to protect its marine environment and fish stocks. Similarly, India needs to ensure that its fishermen adhere to international maritime laws and refrain from illegal fishing activities in Sri Lankan waters. Strengthening surveillance and patrolling efforts can help deter unauthorized fishing and ensure compliance with the agreed-upon regulations. Cooperation between Sri Lanka and India is essential for the long-term sustainability of the fishing industry in the region. Collaborative efforts such as joint patrolling, information sharing, and capacity building can enhance the management of marine resources and reduce the incidence of illegal fishing. Additionally, initiatives that promote alternative livelihoods for fishermen and the adoption of environmentally friendly fishing techniques can contribute to the overall sustainability of the fishing sector.