By Ravi Nitesh
09 February, 2016
Countercurrents.org (
Countercurrents.org (
With the recent case of 7th Feb of arrests of 12 Indian
fishermen by Pakistan Maritime Agency and arrest of 11 Pakistani fishermen by
Indian coast guards a day before, it seems that victimisation and sufferings of
fishermen have not stopped despite several efforts of civil societies and
promises by governments of India and Pakistan.
One such important promise was done during Ufa meet, where issues
of fishermen was one among the points discussed. There is need to review Ufa
promise again and to build a permanent solution towards this issue.
Ufa meet of Indian and Pakistani prime ministers that was held on
10th July 2015 on the sidelines of SCO summit in Ufa, Russia and joint
declaration in the same evening, it was hoped that some positive waves of peace
diplomacy are on their way, but later, with the unexpected controversy over NSA
talks (that was one of the point in joint declaration) and its cancellation led
the whole situation in an unpredictable mode, however later the promise was
made through the meeting of NSAs in third country.
On the second point of joint declaration, where an early meeting
of DG BSF and DG Pakistan Rangers was proposed, recently held talks of BSF (led
by BSF DG D. K. Pathak along with 23 members delegation) and Pakistani Rangers
(led by DG Pakistani Rangers-Punjab Maj Gen Umar Farooq Burki along with 16
members delegation) at New Delhi during 9th to 12th September came as positive
and in-the-line with Ufa statement. It sends a message that whatever were the
reasons and results in past, but both the governments are adopting a flexible
and concrete approach towards each other and have put their faith in dialogue.
Though, this talk was part of bi-annual talks and reviews the
implementation of the agreed norms of cooperation between the two Border
Guarding Forces, as agreed during the Home Secretary Level Talks held at
Islamabad, Pakistan in May 1989, but organizing it within two months of Ufa
summit is fulfilling Ufa promises.
This meeting was formally started on 10th September, the joint
statement signed at 11 hrs on 12th September and issued by MHA in evening with
positive notes that both sides discussed issues of border population, mechanism
for safe return of inadvertent crossers and others. Text of joint statement
reads ‘The talks were held in a constructive atmosphere. The need for
cooperation to maintain the sanctity of the borders was stressed upon. The
meeting took up specific issues of concern. Incidents of firing at the borders,
smuggling of narcotics, infiltration attempts and defence construction
activities were discussed. The issue of inadvertent crossing over by border
population and on how to facilitate their return on both the sides was also
discussed. The security of the border population being a primary concern of the
both sides, it was felt that utmost caution and care would be taken to deal
with the civilians. The need for confidence building measures including timely
exchange of information, at the field level and mobile communication,
simultaneous coordinated patrolling, and sporting events etc. were also
discussed.’
Media reporting was also done in effective manner and even humane
angle like sitting of Maj Gen Umar in the vehicle of DG BSF Mr. Pathak,
friendly talks etc were also highlighted and showed an important message that
how even security personals of India and Pakistan, while meeting each other
share humane and emotional angle and not only professional one.
It is also expected that next meeting will be held in Pakistan in
first half of 2016. In fact, PM Narendra Modi will also be in Pakistan in 2016
as he accepted invitation from Nawaz Sharif during Ufa meeting, to attend SAARC
summit.
With all these things happening since Ufa declaration, it seems
that despite unsuccessful NSA talks, both countries at least did not hesitate
in talking each other. But when we go back to Ufa joint declaration again, we
find that the joint declaration that was issued had five main points that
included a meeting in New Delhi between thee two NSAs , Early meetings of DG
BSF and DG Pakistan Rangers followed by that of DGMOs , Decision for release of
fishermen in each other’s custody along with their boats within a period of 15
days, Mechanism for facilitating religious tourism and to discuss ways and
means to expedite Mumbai case trial.
Ufa Points : Concerned to common people
of both sides
In the five mentioned points, there are two points, one of
fishermen and another of religious tourism, that directly facilitate people of
both sides, rather than policies. It is a wonder to see that both countries
took decision for fishermen to release along with their boats within 15 days,
but unfortunately, it could not be achieved yet.
Indo-Pak Fishermen and their
victimisation
Fishermen are one of the most vulnerable communities affected by
Indo-Pak conflict. India and Pakistan connect with each other through Arabian
sea and fishermen live in large numbers on both sides as both countries provide
good coastal lines and trade of fish. As these fishermen go towards deep sea
for fishing, where they complete one fishing trip in 10-12 days. Many times
during fishing, these fishermen cross IMBL (International Maritime Boundary Line)
or enter in disputed regions of Sir creek. It is a matter of fact that still
both the countries have not completely agreed over their maritime boundary line
and therefore it is only ‘administrative zone’ where security personals keep
vigil.
Such crossings by fishermen happens inadvertently and due to
reasons that there is no ‘visible’ boundary line in sea, neither it can be made
in deep sea, and fishermen cannot know that at which point of time, they
crossed certain nautical miles and latitude-longitude defined by governments.
Also, as they stay in sea during 10-12 days, many times they put ankles of
their boats on sea and sleep at night, during which even high and strong waves
and wind displace their boats gradually and it enters in ‘administrative’ zone of
another country. Their reasons of going towards IMBL includes good catch of
fish, as they (fishermen) say that due to heavy industrialization in coastal
areas and unchecked waste disposal in sea, most of the fish moved towards deep
sea as fish could not survive in polluted coastal sea areas. Another reason is
that, near IMBL, fish catch is good due to its depth and a region where saline
water of sea and sweet water coming from Indus get mixed with each other. These
fishermen are poor and living on their traditional profession of fishing since
generations that went back before partition of India and Pakistan. Few old
fishermen believe that as they were doing fishing in sea since generations,
they consider whole sea belongs to them and this is a connection that includes
emotions and oneness.
On crossing of this invisible maritime border, on in entering to
disputed regions of sir creek, these fishermen got trapped by coast guards and
maritime agencies of India and Pakistan. Fishermen also allege that sometimes,
coast guards of other country (India/Pakistan) even cross maritime boundary to
catch fishermen.
After arrest of these fishermen, they are lodged in jails in other
country. But as they are not criminals, many times they have been kept without
imposing any charge upon them. They live in jails till the time any mercy or
good will gesture comes. Few of them spent many years in jails. It was also
seen that persons who were arrested on same time from same boat were got
released in different years.
One fishing trawler that is able for fishing in deep sea comes in
around 25 lakhs. Approx 6-10 fishermen go for fishing on one trawler. As, many
fishermen do not have capability to buy it, some of them take it on loans on
high interest from local private bankers. It is because; nationalized banks do
not provide loans upon boats as fishing comes under risky business. Other
fishermen make groups and take boat on rent from local businessmen on per trip
basis. In both cases, they are under high pressure to return with good catch of
fish. Now, at the time of their arrest in other country, their boats, net, fish
also got captured by coastal security agencies. But unfortunately, whenever
they got released, their release happened from Wagha Border. Fishermen
community demanded many times that when they were captured at sea, they must
get released through sea only. It is because, while their release from border,
they get only half freedom, as their boats could not be released. When they
reach their home, they come in multiple troubles, as they need to pay interest
or rent amount to lender, they need to arrange immediate resource for
livelihood survival. Fishermen tell that earlier their boats were released
through sea, but since last 15 years boats were not released. Hundreds of such
boats are lying useless in India and Pakistan and dying without their sailors.
What UN Says:
Article 73 of the UN Convention on the Law of the Sea clearly
states that, though arrest can be made (clause 1), arrested vessels and their
crews shall be promptly released upon the posting of reasonable bond or other
security (clause 2). In addition, it holds in clause 3 that coastal state
penalties for violation of fisheries laws and regulations in the exclusive
economic zone may not include imprisonment, in the absence of agreements to the
contrary by the States concerned or any other form of corporal punishment.
Importance of Ufa statement for fishermen
This Ufa declaration considered one of the genuine demands of
community. Till now, release of these fishermen was depend on ‘mercy’ and ‘good
will gesture’ of governments and it was seen that how during many last
occasions , these fishermen were released from each other jails as peace doves.
Both governments maintain a good number of such fishermen.
As per the list exchanged between Government of India and Pakistan
on 01 July 2015, 403 Indian prisoners (48 civil and 355 fishermen) are in jails
of Pakistan and 278 Pakistani prisoners (251 civil and 27 fishermen) lodged in
Indian jails. These numbers vary frequently and on an average, there are
100-200 fishermen on both sides of jails.
But Ufa statement, through including their genuine demand,
recognized their problem and provided them dignity. The only wait is of
implementation of the same at the earliest. If both the governments can
implement their promise at the earliest, it will be a great breathe of life for
fishermen on both sides. Also, governments must take a step forward, to ensure
that such arrests should be avoided and if found necessary, and then should be
done with immediate penalty and release of fishermen along with their boats
through sea route only.
Ravi Nitesh, Core member of Aaghaz-e-Dosti, an
Indo-Pak Friendship Initiative) E-mail: ravinitesh@gmail.com Twitter:
ravinitesh
