ALTERNATIVE DISPUTE RESOLUTION BOARD (2022-2023)

School of Law, CHRIST (Deemed to be University)

Mediation Problem-A

Pachatheevu - the Ray of Hope

Background:

Union of Rindya (hereinafter Rindya) and Democratic Socialist Republic of Ranka (hereinafter
Ranka) are two countries in the Asean Continent. Rindya is the third largest economy in Asean
Continent, with it’s neighbor Republic of Raina (hereinafter Raina) being the largest economy in
Asean Continent and Third Largest Economy in the world. Ranka is a small island nation with much
of its revenue coming from tourism and industries established by Raina, Rindya and other
developed/developing countries.

Ranka was going through a tough phase between 1983-2009, due to a civil war with a militant
group called STTE that was representing the interests of an ethnic group named Semil, who
majorly live in Northern parts of Ranka. Finally, the civil war came to an end in 2009. In 2000s, the
country changed it’s financial model by reducing their borrowings from multilateral lending
agencies and increasing substantially their foreign investors and lenders by giving many incentives
like borrowing at high interest rates, etc. Raina made the most use of this decision of Rankan
Government, by establishing ports, industries, etc in Ranka. This also caused severe Geo-Political
concern for Rindya, due to Raina’s domination in Rindyan Ocean.

But, this financial model of Rankan government did not last long and it led to a major financial
crisis in the country since 2019, with the country hitting an all time low in February, 2022. The
country’s debt increased from 11.3 Billion USD in 2005 to 56.3 Billion USD in 2020. The foreign
debt to GDP Ratio was at 30% in 2014 and the same sky-rocketed to 119% in 2022. This also led
to political turmoil with the President of Ranka not being able to prove majority in the Rankan
Parliament escaped the country to settle elsewhere. Mr. Sunil Suriyasinghe took charge as the
President of Ranka with the support of 5-6 coalition political parties to show a majority in the
Rankan Parliament and in his speech he vowed to handle the financial situation of Ranka and bring
the lost glory of Ranka. Rindya has been providing various medical, fuel, grocery and other aides
to the Rankan Government for the sustenance of the people of Ranka. Also, incumbent-Rindyan
Prime Minister Mr. Naren Rody backed Ranka before many international organizations including
IMF, etc, as Rindya has a neighbors-first policy.
History and Other Details about Pachatheevu:

Pachatheevu is a 285.2 acres of uninhabited tiny island situated in Palk Bay region in between
Rindya and Ranka. The Palk Bay is 73.9 nautical miles in length and 34.5 nautical miles width. Palk
Bay region is divided equally between both the countries with International Maritime Boundary
Line (IMBL) cutting through it. The region borders five South-Easten Rindyan Districts and Three
Northern Rankan Districts in Rindyan Ocean.

This tiny island, Pachatheevu is a green patch of land in Palk Bay surrounded by rich 580 species
of fishes, 302 species of Marine algae, 11 sea grass species, 5 marine turtle species and species of
mangroves of Rindyan Ocean. These species are an essential source of livelihood for the fishing
communities for both Rindyan and Rankan Fishermen.

Both Rindya and Ranka were once under the colonial rule of British and got their independence on
August 15, 1947 and February 4, 1948 respectively. In spite of Pachatheevu island not having a
strategic relevance for the national security of these countries, both of them have been claiming
territorial ownership over it since 1921 making it a disputed territory.

To resolve this issue, there was a conference convened in October 24, 1921 by then-British
Rindyan Government and then-British Rankan Government for delimitation of Palk Bay between
both the countries. Representatives of British-Ranka proposed for delimitation with a median line
‘along with the Pachatheevu and three miles to the westward’ impliedly claiming territoriality and
Representatives of British-Rindya denied it and succinctly claimed territoriality over the island.
Since there was a deadlock, both the parties arrived at a compromise through an agreement dated
October 24, 1921 that, fishermen of Ranka may be allowed for fishing along with median line +
Pachatheevu and three miles to the westward, keeping the question of territoriality out of the
conference and agreement. The head of British-Rindyan delegation Mr. CWE Cotton stated in his
letter dated October 25, 1921 that, claim of Ranka for Pachatheevu island is sentimental rather
than practical.

The logic of the British Rindya was that, important chank beds still remained within Rindyan
territory and the reason for allowing fishing activities of Rankan fishermen was done as a good
gesture and to promote cordial relationship with the neighbouring countries. But, the dispute over
territorial ownership of Pachatheevu island continued between both these countries even post
their independence.

Government of Rindya support their claims with documented records of Raja of Zamzad (presently
acceded to Union of Rindya through an Instrument of Accession), collecting taxes from those who
used the island and also hired divers for pearl fishing operations around the Island since 1800s.
Even though there is no evidence to show Raja of Zamzad paid revenue to British-Rankan
Government, there are evidence to show that he has paid revenues to British-Rindyan Government
being a Zamindar.

Government of Ranka support their claims with cartographic evidence that the island was part of
Rankan peninsula as early as in 1544. During the World War-II, British-Rankan Government
excercised ‘effective control’ over the island for their bombing practice, which was not opposed by
the British-Rindyan Government due to the common interests to fight and succeed in the World
War-II. The military activities of Rankan Government continued in the island even post-
independance and even Rindyan Government started doing their military activities in the island.
But, the unwritten custom was that both the countries intimated each others, if they are
performing any military activities in the island. Also, fishermen of both the countries were having
good rapport till 1976 in fishing activities and were utilizing Pachatheevu without any commotions
and issues for works like drying their respective fishing nets, etc.

But as far as territoriality of the island is concerned, there was absolute confusion in both the post-
independant Rankan and Rindyan Governments. In 1960, in the Rindyan Parliament Former-
Rindyan Prime Minister Late Mr. Jawahar Veeru answered to a question raised by a Member of
Parliament (MP) over the Pachatheevu that, ‘the Rindyan Government does not have adequate
information yet and the same is under examination’. The same has been iterated by succeeding
Rindyan Prime Minister Late Ms. Priyadarshini Grandhi until 1976.

In 1976, Former Rindyan Prime Minister Ms. Priyadarshini Grandhi entered an agreement dated
March 23, 1976 (Rindya-Ranka Agreement, 1976) for delimitation of Palk Bay and it included
ceding away of territorial rights over Pachatheevu Island by Rindya to Ranka. This means, the
economic rights of Rindyans to perform fishing around Pachatheevu was also waived off by way of
this agreement. This created huge uproar in Rindyan parliament by the opposition political parties
for the decision to autocratically cede away the island. But, Rindyan PM Ms. Priyadarshini Grandhi
made this decision since Rankan President Ms. Velunayakam made personal appeal to her since
her government was in a bad state and achieving territorial ownership would help her achieve the
confidence of Rankan people. Also, Rindyan Government has been concerned about the growing
proximity of Rankan Government with Republic of Raina (hereinafter Raina) back in 1970s and
this gesture would improve the Rindyan-Rankan relationship.

But, the agreement of 1976 did not have much impact in the daily course of business of Rindyan
fishermen, since they continued to violate IMBL (intentionally and unintentionally), fish in Rankan
waters (Palk Bay Region) and were never detained or fined for the offense by Rankan coastal
guards, up until 1983. In 1983, since the civil war with a militant group STTE started, there was an
emergency in the Northern-parts of Ranka for more than two decades and hence even fishing
activities of Rankan Fishermen in Palk Bay Region was inexistent. Since STTE militant group was
smuggling arms and other things through Rindyan Fishermen of Palk Bay region, Rankan Navy was
forced to adapt ‘Shoot First, Question Later’ Policy since late 1980s. This led to numerous innocent
Rindyan fishermen getting shot down day in and day out mercilessly by Rankan Coastal Guards.
There was a death toll of about 300 fishermen and about 500 of them were permanently injured.
This indeed strain the relationship between Rindya and Ranka. Meanwhile, Rindyan fishermen of
Palk Bay region advanced with motorized boats, nylon nets, etc due to the Blue Revolution in
Rindya. Since, fishing activity in Northern Ranka commenced without Naval intervention only in
2009 post-civil war, the fishermen were ill-equipped and Rindyan fishermen had already
exploited, depleted and damaged sea-bed and marine resources like Sea cucumber, Chanks, Crabs,
Squids, Coloured fishes, sea animals and turtles.

One of the preliminary fisheries policies followed by the Rankan Government since 2009 was to
arrest the boats and Rindyan fishermen, who cross IMBL and enter Rankan waters. This was to
avoid the Rindyan fishermen to further deplete their sea-bed with their motorized boats and nylon
nets, which has been already depleted. Also, it was to protect the interests of Rankan fishermen,
who have already been rattled due to the Rankan Civil War.

Rindyan fishermen enter Rankan waters for a good catch, since the Rindyan portion of Palk Bay is
dry and the waters surrounding Pachatheevu in Ranka have good marine resources. These
fishermen still believe that the Pachatheevu island still belongs to Rindya. 95% of the times the
Rindyan fishermen were arrested in the Palk Bay Region. Sometimes, Rindyan fishermen
unintentionally enter Rankan waters due to weather, tide-related constraints. This fishermen issue
is leading to several diplomatic encounters at various levels between both these countries for
repatriation of Rindyan fishermen and release of their boats, even till today (2022).

Issue:
Hence to bring a permanent closure to this issue, Rindyan Ambassador to Ranka Mr. Annadurai
Bagchi communicated the proposal of Rindyan Government to mediate the issues concerning the
fisheries and other economic activities of both the countries in Palk Bay region. Immediately,
Rankan Government consented for the mediation and both the parties accepted to conduct the
mediation on September 11, 2022 at SLCU International Mediation Centre (SIMC) and agreed to
follow SLCU Internal Mediation Ranking Rules, 2022.