Daily Times

With he recent visit of the external affairs minister of India to Pakistan and her speech in Indian parliament regarding her visit, it seems that there is progress being made by both sides. With the positive attitude of comprehensive dialogue, it is also expected that the Indian Prime Minister (PM) may visit Pakistan in the near future.

Starting effectively with the Ufa meet, both sides have continuously been trying to move forward. Almost all points discussed at Ufa are being covered gradually and many new points may also be worked upon as a result of continuous dialogue. If we look back at Ufa, we see there is still a long way to go. One of the points, associated with fishermen, needs the priority of both governments.

We find that the joint declaration at Ufa that was issued had five main points including a meeting in New Delhi between the two National Security Advisors (NSAs), early meetings of the Director Generals (DGs) of the Border Security Forces (BSFs) and DG Pakistan Rangers followed by that of the DGs of Military Operationa (MOs), decision to release 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 the Mumbai case trial.

Fishermen are the most vulnerable in the Indo-Pak conflict. India and Pakistan connect with each other through the Arabian Sea and fishermen live in large numbers on both sides as both countries provide good coastal lines and trade of fish. These fishermen also go towards deep-sea fishing where they complete one fishing trip in 10 to 12 days. Many times, these fishermen cross the International Maritime Boundary Line (IMBL) or enter in disputed regions of Sir Creek. It is a matter of fact that still both countries have not completely agreed over their IMBL and therefore it is only an ‘administrative zone’ where security personal keep vigil.

Such crossings by fishermen happen inadvertently and due to reasons such as no ‘visible’ boundary line in the sea. Fishermen cannot know at which point in time they crossed certain nautical miles and latitude/longitude defined by governments. Also, as they stay at sea for so many days, many times they put the anchors of their boats out to sea and sleep at night during which even high and strong waves and wind displace their boats gradually and enter the ‘administrative’ zone of another country. One of the reasons behind their going towards the IMBL includes good catch of fish as they (fishermen) say that due to heavy industrialisation in coastal areas and unchecked waste disposal in sea, most of the fish have moved towards the deep sea as fish cannot survive in polluted coastal sea areas.

These fishermen are poor and have been living by their traditional profession of fishing for generations, going back to before the partition of India and Pakistan. Few old fishermen believe the whole sea belongs to them, a connection of emotions and oneness since they have been part of the sea for so long.

On crossing this invisible maritime border and on entering the disputed region of Sir Creek, these fishermen get trapped by coast guards and the maritime agencies of India and Pakistan. After the arrest of these fishermen, they are lodged in jails in one another’s country. As they are not criminals, many times they are kept without the imposition of any charge upon them. They live in jails till the time any mercy or good will gesture comes thorugh. Few of them spend many years in jail. Unfortunately, whenever they get released, their release happens from Wagah border.

The fishermen’s community has demanded many times that when they are captured at sea they must get released through the sea only. When they are released from the border, they get only half their freedom as their boats are not released. When they reach home, they need to arrange immediate resources for their livelihood and survival. Hundreds of boats are lying useless in India and Pakistan, forgotten ghosts without their sailors.

The Ufa declaration considered the genuine demands of this community. Till now, the release of these fishermen depended on mercy and good will gestures of governments. On many occasions, these fishermen were released from jail as peace doves. Both governments maintain a good number of such fishermen.

Article 73 of the UN Convention on the Law of the Seas states that, though arrests can be made, arrested vessels and their crews should be promptly released upon the posting of reasonable bond or other security. As per the list exchanged between the government of India and Pakistan, on July 1, 2015, 403 Indian prisoners (48 civil and 355 fishermen) are in jail in Pakistan and 278 Pakistani prisoners (251 civil and 27 fishermen) are lodged in Indian jails. These numbers vary frequently and, on an average, there are 100 to 200 fishermen on both sides in jail.

However, the Ufa statement, by including their genuine demands, recognised their problem and provided them some dignity. The only wait is of implementation of the same at the earliest and to find solutions such as providing a common fishing zone. If both governments can implement their promises at the earliest, it will be a breath of life for the fishermen on both sides. Also, governments must take a step forward to ensure that such arrests are avoided and, if found necessary, immediate penalty must be drawn up and release of fishermen undertaken along with their boats through sea route only.

The writer is a petroleum engineer, core team member of Aaghaz-e-Dosti and founder of Mission Bhartiyam. He may be followed on Twitter at #ravinitesh