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Navigating the Diplomatic Waters to Solve the Katchatheevu Problem

 Introduction:

The Katchatheevu islet, a 285-acre uninhabited island in the Palk Strait between India and Sri Lanka, has been a source of territorial conflict between the two countries.[i] This blog explores the historical background, legal aspects, and potential solutions to the Katchatheevu issue.

Historical Background:

The Katchatheevu Island, was formed in 14th century due to volcanic eruption, it was previously owned by the Raja of Ramnad, which is now Ramanathapuram, Tamil Nadu, and later joined the Madras Presidency. Both Sri Lanka and India claimed this area of land for fishing in 1921, and the conflict was never resolved. During British rule, this land was jointly managed by India and Sri Lanka as the both countries were ruled by them.[ii]However, in order to resolve the maritime boundary in the Palk Strait with her counterpart Sirimavo Bandaranaike, then-prime minister Indira Gandhi ceded Katchatheevu to Sri Lanka through the Indo-Sri Lankan Maritime Agreement in 1974.[iii]

Legal Aspects:

Katchatheevu’s transfer to Sri Lanka was based on the 1974 agreement and subsequent letter exchanges. In accordance with the agreement, India acknowledged Sri Lanka’s sovereignty over the island while ensuring that this island can be utilised by Indians for drying nets and fish, for pilgrimage, and vessels can be freely moved in the Palk Bay region.[iv]Then after two years, 1976 agreement, prohibited fishing vessels and fishermen from India and Sri Lanka from fishing in each other’s historic waters, territorial seas, and exclusive economic zones without explicit permission from the respective country.[v]

Fishing Disputes and Humanitarian Concerns:

Fishing rights have been a major concern in the Katchatheevu dispute. The location of the island in the Palk Strait makes it a vital fishing ground for both Indian and Sri Lankan fishermen. Disputes arise regarding fishing boundaries, leading to strained bilateral relations and humanitarian consequences. Indian fishermen enter Sri Lankan waters for economic reasons, but their actions harm marine resources and the livelihoods of Sri Lankan fishermen.[vi]

Possible Solutions:

It has been constantly reported that Indian fishermen has been constantly killed by Sri Lankan Navy in the Katchatheevu region for crossing maritime boundaries.  Fishermen from all over the world frequently violate maritime boundaries and commit poaching in nearby waters. The killing or firing upon fishermen is prohibited under Article 73 and 145 Of the UN law of the Sea, and poaching is just seen as an economic crime by international law.[vii] Hence, killing is not an option for the economic offence, instead any kind of punishment would work. Potential solutions include renewing the 1974 agreement with modified restrictions, maintaining open diplomatic channels, and improving surveillance capabilities in the area. Technologies like GPS systems and satellite monitoring can aid in monitoring fishing operations and addressing violations promptly. Resolving the Katchatheevu issue requires political will, diplomatic negotiations, and practical measures that address the concerns of both sides’ fishermen.

Conclusion:

In conclusion, resolving the Katchatheevu issue is crucial for promoting regional peace, stability, and prosperity. India and Sri Lanka can work together through dialogue and cooperation to find a mutually beneficial resolution that respects the interests and rights of all stakeholders involved.

 

[i] Abdul Ruff, “Katchatheevu should be brought back to Indian control in order to ensure safe fishing by Indians,” South Asia Journal, March 16, 2017,

http://southasiajournal.net/katchatheevu-should-be-brought-back-to-indian-control-in-order-to-ensure-safe-fishing-by-indians/ (accessed on June 19, 2023)

[ii] Chaheti Singh Sisodia, “Explained: India-Sri Lanka conflict over Katchatheevu Island,” WION News, May 27, 2022,

https://www.wionews.com/india-news/explained-india-sri-lanka-conflict-over-katchatheevu-island-482603

 

[iii] Abdul Ruff, “Katchatheevu should be brought back to Indian control in order to ensure safe fishing by Indians,” South Asia Journal, March 16, 2017,

http://southasiajournal.net/katchatheevu-should-be-brought-back-to-indian-control-in-order-to-ensure-safe-fishing-by-indians/ (accessed on June 19, 2023)

 

 

[iv] “Katchatheevu OURS, CLEAN AS A WHISTLE,” Ministry of Foreign Affairs-Sri Lanka, last modified 22nd July, 2014,

https://mfa.gov.lk/sin/katchatheevu-ours-clean-as-a-whistle/

 

[v] “Agreement between the Government of India and the Government of Sri Lanka on the maritime boundary in the Gulf of Manaar and the Bay of Bengal,” Ministry of External Affairs-India, accessed on June 22, 2023,

https://www.mea.gov.in/portal/legaltreatiesdoc/lk76b1690.pdf

 

 

[vi] N. Manoharan and Madhumati Deshpande, “Fishing in the Troubled Waters: Fishermen Issue in India–Sri Lanka Relations,” SAGE Publications, India Quarterly, 74(1), (2018): 73–91, https://doi.org/10.1177/0974928417749643

 

[vii]  Mahalingam Ponnusamy, “378 fishermen killed till 2005,” Times of India, February 2, 2011,

https://timesofindia.indiatimes.com/city/chennai/378-fishermen-killed-till-2005/articleshow/7407889.cms

 

Authored by: Naresh Ram, Research Intern, USI

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