International treaties and conventions on the Baltic Sea may provide answers to find a solution to the fishermen problem between India (Tamil Nadu) and Sri Lanka(Northern Province), according to Nirmala Chandrahasan, veteran legal expert.
Answering a number of questions raised by The Hindu on Wednesday, Dr. Chandrahasan, who published a book “Maritime boundaries in the Indian Ocean: Sri Lanka and the Law of the Sea” a few years ago, said the conventions essentially stood for marine conservation and research. “If the two countries enter into similar arrangements, the resources can be enhanced on both sides” she points out, indicating that the decline in the catch on the Indian side of the Palk Strait is cited as the major reason for fishermen of Tamil Nadu to cross the International Maritime Boundary Line (IMBL).
The Helsinki Convention was originally signed by seven Baltic coastal states in 1974 to address issues concerning sources of pollution. In 1992, all the states bordering on the Baltic Sea and the European Community (a precursor to the European Union) signed a fresh convention. In April 2009, the European Union and Russia signed an agreement to protect and enhance the marine environment in the Baltic Sea area.
“Against IMBL review”
However, the legal expert, who is the daughter of Dr E. M. V. Naganathan, one of the founding members of the Ilankai Tamil Arasu Kadchi (ITAK) and daughter-in- law of S.J. V. Chelvanayakam, ITAK’s founder-leader, strongly feels that no attempt should be made to take a fresh look at the IMBL, a move which, she says, will only trigger a chain reaction in other regions. “In international law, once signed between two countries, treaties are binding.” Besides, no unilateral review can be carried out. If both parties are willing, the review can be possible, Dr. Chandrahasan says.
Even though she refers to the 2014 resolution by the Hague-based Permanent Court of Arbitration of the dispute between India and Bangladesh, and one by the International Tribunal for the Law of the Sea (ITLOS) of the dispute between Myanmar and Bangladesh in 2012, the veteran expert in international law emphasises there is no dispute between India and Sri Lanka on the IMBL and hence, the question of taking the matter to any international forum does not arise.
In the given problem concerning the fisherfolk of Tamil Nadu and the Northern Province, there has to be an understanding at the political level between the two countries. “We can even allow small fishermen of Tamil Nadu using ‘vallam,’ to do fishing in Sri Lankan waters on a negotiated basis in view of historical ties but there is no room even for negotiation in respect of trawler fishing.”
Consultation with fishermen
In a chat with The Hindu , Sri Lanka’s Fisheries Minister Mahinda Amaraweera reiterated that no settlement had been worked out with regard to the fishermen’s problem. “The Defence Ministry has mooted a proposal of allowing 250 Indian trawlers on specified days but no decision has been taken by us. I am going to consult fishermen of the Northern Province shortly on this issue,” he said, adding that he was very much conscious of the opposition from the fishing community to the idea.
