Indo – Lanka Fishery dispute: Transnational Maritime Crimes – A Threat to Traditional and Human Security

Abstract

Sri Lanka and India are two neighbouring states in the Indian Ocean, separated by the narrow strip of water that consists the Palk Strait and the Gulf of Mannar. India – Sri Lanka friendly relations have been governed by geo-strategic aspects, international politics and diplomatic relations as well as social commonalities. The fisheries poaching dispute between the two states is a persistent problem that has caused much conflict and concern involving this area of waters. Even though maritime demarcations are not as straightforward as land demarcations, the territorial waters between India and Sri Lanka was demarcated and designated in 1974 and 1976 by a bilateral agreement between the two countries to establish the International Maritime Boundary Line (IMBL). Accordingly, transgressing the IMBL into Sri Lankan waters and to fish illegally and worst still, using banned methods of fishing are recognized as illegal and violation of these agreements between the two states, governed by the United Nations Convention on the Law of Sea (UNCLOS). However, the Indian fishermen crossing into Sri Lankan waters for illegal fishing, using banned and illegal fishing methods such as bottom trawling has been persistent to date. Indian fishermen illegally crossing the IMBL into Sri Lanka waters also gives rise to transnational maritime crimes. Transnational organized crimes are those selfperpetuating associations of individuals who operate illegal activities across state borders via ground or sea for the purposes of obtaining power, influence or monetary gains illegally. Transnational crimes vary and they strive to protect their illegal activities through cross-border organized structures and crime syndicates, which exploit established systems and disrupt legitimacy of states and state institutions. The sea region of Indian Ocean between India and Sri Lanka also remains a controversial and known area for transnational crimes and is made worse due to the illegal crossing of Indian fishermen into Sri Lankan waters. Various types transnationally organized crime can take place in the guise of fishing especially illegal poaching and stealing maritime resources belonging Sri Lanka. Definition of Illegal, Unreported and Unregulated (IUU) fishing per se amounts to an activity of transnational crime as most of these poaching activities are done in significantly large scale and by transnational organizations of stakeholders. The unresolved and persistent fishery problem between the two states and associated transnational crime pose threats to states as well as humans, causing grave traditional and human security threats to both India and Sri Lanka. The objective of this study is to identify prime areas of transnational maritime security threats to Sri Lanka, analyze and critically evaluate this in the backdrop of Indo- Lanka fishery dispute. This study would be guided by the exploratory research methodology and data collected through qualitative interviews of stake holders to the problem, available credible literature and Grounded theory to be used for data analysis.