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India – Bangladesh Mutual Exchange of Arrested Fishermen
Context:
After six months of tense relations, India and Bangladesh have started the new year on a positive note by exchanging fishermen who had been arrested.
About the Fishermen Exchange Deal
- Dates of Exchange: Between 3 January and 5 January 2025.
- Bangladeshi Repatriation: 90 Bangladeshi fishermen/crew members and two fishing vessels (“FV Laila-2” and “FV Meghna-5”) were returned to Bangladesh.
- Indian Repatriation: 95 Indian fishermen and six Indian fishing boats were returned to India.
Diplomatic Background of the Deal
- Recent Strain in Ties: The past year saw heightened tensions between the two countries.
- Key Diplomatic Engagements:
- Indian Foreign Secretary’s Visit: Vikram Misri visited Bangladesh on 9 December 2024, marking a significant gesture.
- Engagements in Dhaka: Meetings with Muhammad Yunus (Chief Adviser of the Interim Government), Md. Touhid Hossain (Foreign Affairs Adviser), and Jashim Uddin (Foreign Secretary of Bangladesh).
- Focus Areas of Talks: Discussions on water sharing, energy cooperation, and connectivity were held to build mutual trust and respect.
- Bangladesh’s Assurance: General Waker-uz-Zaman emphasized mutual interdependence and respect for strategic interests during a press interview.
- Facilitators: The exchange was coordinated by the coast guards of both nations.
- Significance: Highlights a humanitarian approach to resolving bilateral concerns amidst broader diplomatic efforts.
The Fishermen’s Transgressions: A Non-Traditional Security Concern
- Geographical Overlap:
- India and Bangladesh share 54 transboundary rivers and adjacent maritime zones in the Bay of Bengal.
- Maritime boundaries were demarcated in 2014 by the Permanent Court of Arbitration.
- Causes of Transgressions:
- Illegal Intent: Fishermen often engage in illegal, unreported, and unregulated (IUU) fishing.
- Unintentional Straying: Natural disasters, storm surges, and lack of visible boundaries contribute to accidental transgressions.
- Humanitarian Concerns:
- Arrested fishermen often face prolonged imprisonment under deplorable conditions, affecting their families’ livelihoods.
- Recent Allegations: West Bengal Chief Minister Mamta Banerjee accused Bangladesh of mistreating Indian fishermen, though Bangladesh’s interim government denied the allegations.
Role of Coast Guards in Facilitating Cooperation
- MoU for Maritime Collaboration: Signed in 2015 to establish cooperative mechanisms between the Indian Coast Guard (ICG) and Bangladesh Coast Guard (BCG).
- Key Provisions:
- Maritime safety.
- Joint patrols and coordinated responses.
- Information sharing.
- Sustainable resource management.
- Key Provisions:
- Standard Operating Procedure (SOP): Developed to guide the exchange of fishermen apprehended for illegal entry.
- Recent High-Level Meeting:
- Date: Sixth annual ICG-BCG High-Level Meeting held on 3 October 2024 in New Delhi.
- Focus Areas: Maritime safety, cross-border fishing, best practices, and capacity building.
- Increased Patrolling: Post-August 2024, the ICG enhanced patrolling along the International Maritime Boundary Line with new ships and air-cushion vessels.
Impacts of the Fishermen Exchange Deal
- Humanitarian Relief: Alleviates suffering of detained fishermen and their families.
- Confidence-Building Measure: Signals willingness to cooperate on sensitive issues.
- Strengthened Coast Guard Collaboration: Demonstrates operational efficiency and coordination between ICG and BCG.
- Potential Diplomatic Reset: Sets the stage for broader engagement on unresolved bilateral issues, including water sharing and energy cooperation.
Challenges in Developing a Comprehensive Action Plan
- Lack of Binding Agreements:
- Existing MoUs, including those on fishermen’s issues and the blue economy, remain non-binding.
- No legal imperative to expedite the return of arrested fishermen.
- Nascent Blue Economy Policies: Both countries lack clear directives on blue economy strategies, delaying bilateral commitments.
- Escalation Risks: Fishermen’s transgressions, if left unresolved, can escalate during periods of strained relations, as seen in the India-Sri Lanka context.
Way Forward: Steps to Strengthen Bilateral Cooperation
- Upgrade MoUs to Binding Agreements: Focus on mechanisms for expedited repatriation and sustainable fisheries management.
- Joint Capacity Building: Enhance training programs and technical exchanges between ICG and BCG.
- Improved Awareness Among Fishermen: Educate fishermen on maritime boundaries and legal frameworks to prevent unintentional transgressions.
- Regional Collaboration: Collaborate with other Bay of Bengal countries to address IUU fishing and marine resource conservation.
- Regular Diplomatic Engagements: Maintain high-level dialogues to reinforce trust and address emerging issues proactively.
