Maritime Neighbours

Kachchativu: And The Maritime Boundary Of Sri Lanka

by WT Jayasinghe

Stamford Lake Publication, Colombo, 2003

As WT Jayasinghe describes it, "Kachchativu is known as a parched and almost barren island, uninhabited, with no source of drinking water and covered with thorny shrubs". If this is the case, the interesting question is—what makes it so important that it becomes the central core of an entire book?

The reason is obviously because this "barren island" figured prominently in the negotiations on deciding where the maritime boundary between Sri Lanka and India was to be drawn. For Sri Lanka it was a matter of national importance that the island of Kachchativu belonged to Sri Lanka and hence should be on the Sri Lanka side of the maritime boundary.

In other parts of the globe there have been enough instances where claimant countries have gone to war over similar barren real estate. But in the case of India and Sri Lanka this matter was peacefully settled through negotiations between the leaders of the two countries. That is the first important feature that stands out in the narrative of this book.

Jayasinghe is eminently qualified to examine this issue in depth as he was the Secretary to the Ministry of Defence and Foreign Affairs at the time the negotiations were successfully concluded. This book provides, for the first time, an insider's account of the prolonged negotiations between Sri Lanka and India over Kachchativu, and the resulting boundary that emerged.

What comes across in a very constructive way is how an issue of national importance was handled by the two prime ministers coming from two different political parties on the Sri Lanka side. Talks over Kachchativu span-ned the premierships of Dudley Senanayake and Sirimavo Bandaranaike. The cooperation and consultation that took place across party lines is something remarkable for those in whom a sense of pessimism has been induced, not just by the present political scene, but also by the political history that has preceded it for several years.

The progress made in the negotiations during the Dudley Senanayake period was built on and used during the Sirimavo Bandaranaike period. The demarcation of the maritime boundaries and the location of Kachchativu was not made a matter of political competition between UNP and the SLFP. A national issue was handled as a national issue should be, with the fullest cooperation between the government and the main opposition party.

A third feature that the book highlights is the very professional way in which the preparations for negotiations were handled on the Sri Lanka side. Whether it was on the part of the Senanayake government or the Bandaranaike government, the officials responsible for the negotiation were given specific assignments and there was nothing of, what in the Sinhala idiom is called, "the dog trying to do the donkey's work". Expert groups were formed to work out the draft texts of the agreement and the background on the substantive issue. The net result was that the bilateral negotiations were conducted in an efficient manner from the Sri Lanka side.

All these aspects are covered in the book, especially in the two chapters titled "Dudley Senanayake-Indira Gandhi Talks (1968-1969)" and "Mrs. Sirirmavo Bandaranaike-Indira Gandhi Talks (1973-1974)."

Jayasinghe's account, in addition to giving the details of the official talks, also on occasion, offers insights into the close personal relationship that existed between Sirimavo Bandaranaike and Indira Gandhi, which played a significant part in the successful conclusion of the Maritime Agreement. On the occasion when the talks between the officials of the two sides were locked in stalemate, Jayasinghe recounts: "I suggested to Bandaranaike that she seek a one-to-one discussion with Indira Gandhi, as the entire negotiations were now in jeopardy…". He recalls that the Indian prime minister was relaxing after her lunch when she met with Bandaranaike and Jayasinghe "in the rear verandah" of her residence. He goes on to mention, "I remember Indira Gandhi telling Mrs. Bandaranaike, almost complaining, that neither of her sons was interested in politics…".

The UN Law of the Sea negotiations, in which Sri Lanka played a prominent part, also fed into the Maritime Boundary negotiations between Sri Lanka and India. The new concepts that arose during the UN negotiations, and how they were used by the Sri Lankan and Indian negotiators find their place in the book.

There is something in Jayasinghe's style of writing that shows very clearly that style comes naturally and fluently to him. His is an unadorned, direct approach. He gets to the essence of the book in the very first sentence: "I was prompted to write a book on Kachchativu, in order to dispel a misconception that India "gifted" or "ceded" Kachchativu to Sri Lanka through goodwill and in the interest of our bilateral relations".

Is the story of Kachchativu just a story of something that happened 30 or 40 years ago with little relevance today? Politicians of Tamil Nadu incessantly talk of the need to "get back" Kachchativu. It is all tied up with South Indian fisherman poaching in Sri Lanka's waters, and regularly being arrested by the Sri Lanka Navy. As if that is not complicating enough, Indian fishermen are now beginning to be arrested by the LTTE also. All sorts of remedies are being suggested by some Indian academics, including one that was used by the Indian side during the negotiations—for Sri Lanka to permanently lease Kachchativu to India. It is important for current decision-makers of Sri Lanka to be aware of the negotiations on Kachchativu to be able to recognise old ghosts in new shapes and forms. Jayasinghe refers to these current problems and suggests a simple solution— that those in positions of responsibility for this area seem to have missed in their wisdom. To solve current problems you do not have to tinker with the hard-won Maritime Boundary Agreement of 1974.