The Bay of Bengal, with its vibrant blue and green coastline, conceals a harsh reality for small-scale fishermen (SSF) and their families. Their struggles often go unnoticed as they are frequently arrested by neighboring coast guards, either due to accidental drifting or deliberately crossing maritime borders in search of better catches during fishing bans in the Exclusive Economic Zone (EEZ).

Globally, over 100,000 fishing-related deaths occur annually, [1] with almost 300 fishermen sying each day. To address such incidents, Article 73 of the United Nations Convention on the Law of the Sea (UNCLOS) emphasizes the swift release of detained ships and crews once a reasonable bond or security has been posted.

The overlap of illegal activities and the enforcement of domestic laws creates significant challenges for SSF in Bangladesh, India, and Myanmar. Addressing these issues in the Bay of Bengal requires collective efforts to move beyond geopolitical disputes, align with international maritime laws, and prioritize the well-being of the SSF community.

SSF Suffering: Confronting Injustice Amidst Domestic Laws

From a human rights perspective, one might expect the well-crafted regulations of UNCLOS to offer protection for small-scale fishermen (SSF). While UNCLOS primarily focuses on industrial fishing and the sovereign rights of coastal states to regulate fishing activities, it also requires the cooperation of states in conservation efforts and discourages severe penalties, such as imprisonment or any other form of corporal punishment, for fishing violations (Article 73). [2] Ideally, adhering to these laws should ensure a smooth process with perhaps only minor complications during execution.

However, the reality is far from ideal.

A quick online search reveals numerous headlines documenting the arrest, detention, and tragic deaths of SSF along the maritime borders of India, Bangladesh, and Myanmar. These incidents occur because each country predominantly follows its own laws influenced by domestic policies, political considerations, and the pervasive issue of illegal fishing. Unfortunately, small-scale fishermen (SSF) are trapped in a situation where their rights, supposedly protected by both international law and national legislation, are not adequately enforced. This leaves these vulnerable individuals, working in disputed waters, facing serious consequences.

The Bangladesh – Myanmar Scenario

In the case of Bangladesh and Myanmar, the Myanmar government, alarmed by unauthorized and illegal fishing activities in its waters, has witnessed a substantial decline in marine fishery resources. [3] To counter this, the Myanmar government has implemented stringent measures, including the prohibition of foreign fishing boats in its waters and the imposition of suspensions on offshore fishing activities. Myanmar’s legal framework, specifically Law No. 11/89 from 1989, outlines severe consequences for those found guilty of violating fishing regulations.

According to Section 31 of this law, any foreign fishing vessel operating in Myanmar's waters without a permit is considered in violation. The penalties for such violations are significant. The vessel's master could face fines ranging from USD 23.8 to USD 47.6, with the possibility of 1 to 2 years of imprisonment if the fine is not paid. Likewise, a crew member may be fined between USD 2.5 and USD 4.5, with a potential prison term of 3 to 6 months for non-payment.

Contrary to UNCLOS, which emphasizes the “prompt release” of detained vessels, these fishermen often find themselves incarcerated for extended periods, sometimes exceeding 5 years. The harsh conditions in Myanmar’s jails have raised concerns, with reports of alleged torture and the detrimental impact on the mental stability of detainees, as recounted by a small-scale fisherman in a national news portal. [4] Regrettably, many of these fishermen remain in detention, trapped in ongoing government negotiations as terms are discussed between nations.

The Bangladesh – India Scenario

A similar situation unfolds in the Bangladesh-India context, where suffering continues despite differences in borders and legal frameworks. According to a report [5], in 2019, the Bangladesh Coast Guard apprehended over 519 Indian fishers and confiscated 32 boats off the coast in Patuakhali, an area more than 125 km inside the Bangladesh EEZ. Tragically, numerous cases of SSF being ensnared in maritime borders make headlines, with some languishing in prison and even succumbing to dire circumstances.

Indian law clearly states that the penalty for illegal fishing within its Exclusive Economic Zone (EEZ) can include imprisonment for up to three years, a fine not exceeding USD 1,200, or both, as outlined in Section 3 of the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981. Similarly, Bangladesh imposes penalties, including maximum three-year imprisonment or a USD 419253 fine, or a combination of both, for fishing illegally within its maritime boundary by any foreign national, based on the latest changes in the Marine Fisheries Bill, 2020.

Unfortunately, these domestic laws appear to take precedence over UNCLOS regulations, resulting in small-scale fishing communities suffering the consequences of this discrepancy. As a result, the plight of small-scale fishermen (SSF) worsens as they become victims of a complex web of conflicting regulations.

The Impact of Geopolitics

The complexity of the situation is further compounded by the overlay of geopolitics, adding an additional layer of intricacy to an already challenging scenario. One inadvertent incident can have far-reaching consequences for the lives of thousands of fishermen.

A notable incident occurred in October 2019 when a clash erupted between Indian and Bangladeshi border forces over the detention of a fisherman, resulting in the tragic death of an Indian border guard. The conflict began when Indian guards attempted to secure the release of the detained fisherman, prompting Bangladeshi border forces to fire in self-defense. This confrontation led to the death of one Indian guard and left another critically injured. [6] Subsequently, the already tense situation escalated, with increased reports of arrested fishermen emerging in its wake.

Bangladesh and Myanmar are not only contesting illegal fishing but are also vying for access to natural resources, such as gas, in the Bay of Bengal. This dispute has resulted in naval confrontations in the region, with both countries asserting their claims and conducting exploration activities in the contested waters. [7] As a result, it often takes years for a fisherman caught in the maritime border between these two countries to resolve their situation, significantly impacting the quality of life for SSF in both Myanmar and Bangladesh.

Domestic Politics: The Fishing Ban Period

The fishing bans in Bangladesh, India, and Myanmar, driven by domestic politics, create challenges for SSF. Each country has its own distinct ban periods, leading to conflicts as fishermen venture into neighboring waters during these bans, raising concerns about resource depletion and unfair competition. For instance, during Bangladesh’s 65-day ban, aimed at political and environmental goals, there is a lack of coordination with neighboring countries, resulting in inadvertent encroachments. This disparity underscores the need for improved synchronization of fishing policies to address cross-border challenges for SSF.

There is growing concern about the impact of the fishing ban on coastal communities and the lives of small-scale fishermen. [8] The ban has also caused tension with neighboring countries because fleets from India and Myanmar are seen fishing in Bangladeshi waters during this period, owing to a lack of coordination between the countries in enforcing the ban. [9]  In the past, fishermen from other countries have been arrested [10] during the ban, further complicating Bangladesh’s bilateral relations with its neighbors, India and Myanmar.

Possible Solutions to this Problem

Community Level Initiatives

Developed in a participatory and consultative manner with the contributions of more than 100 individuals from over 19 countries, the Small-Scale Fisheries Resource and Collaboration Hub (SSF Hub) has become a helpful platform to strengthen the global small-scale fisheries network. [11] The SSF Hub is a platform designed to empower small-scale fishers and their communities by providing access to information, tools, and resources that support sustainable fishing practices and community development. The SSF Hub connects fishers globally, enabling them to share knowledge, experiences, and innovations, thus fostering collaboration and learning across different regions.

Like the SSF hub, South-Asian countries can form a community of SSFs where members, who may speak different languages, can connect and collaborate. This community can organize online discussion forums, regional and topic-based groups, and other interactive features that might serve as virtual meeting spaces where SSF from South Asian countries can collectively discuss and inform each other of common rules and norms regarding overfishing, fishing during ban season, climatic conditions, etc. Such a platform can also serve as a virtual dashboard for governments to raise awareness about challenges like habitat degradation and the impacts of climate change on marine and freshwater ecosystems. It can highlight the well-being of fishing communities across borders, outline the steps being taken by governments to address these issues and suggest measures that SSF can adopt. Such a regional collaboration will enable the bridging of communication gaps and trust deficits that currently exist at both community and government levels. The key is to make it user-friendly and accessible on both mobile devices and computers. To overcome language barriers, the platform should offer instant voice translation, ensuring that members can communicate seamlessly despite speaking different languages. This initiative can strengthen cooperation among small-scale fishery communities in neighboring countries and contribute to better management and understanding of shared challenges.

Multilateral Dialogue and the Role of the International Community

To tackle the challenges faced by nations in the Bay of Bengal, multilateral dialogue and active engagement from the international community are essential. These nations should reevaluate their domestic laws to ensure they align with the principles of UNCLOS. Collaborative agreements that enable the prompt repatriation of fishermen are crucial for addressing the ongoing issue of detained vessels and crews.

The international community plays a pivotal role in promoting compliance with UNCLOS. Providing financial and technical support to these nations can significantly contribute to a fair and lasting resolution to the problem. This support can empower these countries to align their practices with international maritime laws and foster cooperation in the region.

In addition, implementing comprehensive training programs for fishers is vital. These programs should cover essential skills such as navigation, chart reading, and the use of GPS systems. Such training not only enhances the capabilities of the fishermen but also minimizes the risk of misunderstandings and conflicts on the high seas.

In conclusion, the challenges faced by SSF in the Bay of Bengal demand a collective and conscientious effort. Nations must rise above geopolitical interests and disagreements, align with international maritime laws, and prioritize the well-being of the SSF community. Prioritizing collaborative action, dialogue, a commitment to maritime justice and sustainable fishing practices holds the potential to diminish the challenges encountered by both SSF and governments in South Asia and neighboring regions.