India, Italy Differences Over Killings of Fishermen

India and Italy have failed to resolve their differences over who should probe the killings of two Indian fishermen by Italian marines off the Kerala coast on February 15. The two countries, however, pledged not to allow the incident to cast a shadow on bilateral relations. External Affairs Minister SM Krishna held wide-ranging talks here this afternoon with visiting Italian Foreign Minister Giulio Maria Terzi di Sant’ Agata. However, the February 15 incident in which the two Indian fishermen were killed is understood to have dominated the talks.
The two ministers were quite forthright in restating the positions of their respective countries. Italy is insisting that the incident should be tried according to international laws since it took place in international waters. India, however, maintains that since the incident involved an Indian vessel and those killed were Indian nationals, the two Italians would be tried under Indian laws.
Ajesh Binki (25) and Jalastein (45) were part of an 11-member team that set sail on February 15 night. The guards on board the merchant vessel Enrica Lexie fired at them suspecting the group to be pirates. The Indian fishermen were unarmed and posed no threat to such a big merchant vessel, sources said. There has been no incident of piracy off India's west cost in the last eight months.
One of the fishermen killed is from Tamil Nadu, where fishing boats have often come under attack from the Sri Lankan Navy for crossing the International Maritime Boundary Line. On the eve of 26/11, sailors from Gujarat were killed on the high seas by terrorists.
No Rules of Engagement
Somali pirates have been active off Lakshadweep, close to the Indian mainland. It is, therefore, not unrealistic for a foreign merchant vessel to be extra careful in these parts. India too has been attacked by pirates and patrols these areas, and indeed has a good track record in dealing with this recently emerged threat to international shipping. However, for Indian fishing boats operating around our coastline, no rules of engagement have yet been evolved. It is undeniable that the Italians should have exerted greater care before firing fatal shots against what they mistook to be a pirate vessel.
Somali pirates do range over long distances but are certainly not likely to operate bang off the south-western coast of India. Nine of the other 11 fishermen in the boat were sleeping, and no matter what the Italian ship's crew claim to have seen through their binoculars, the boat posed no visible threat.
Krishna said: “We met in the backdrop of an unfortunate incident involving the death of two Indian fishermen and the subsequent detention of two Italian navy personnel. There is strong public opinion on both sides. The Italian minister had agreed that their two countries ‘need to clear the air’ so that their people were reassured of their will and commitment to strengthen the bilateral partnership.”
Norms and Law
India, however, made it clear that the two Italian marines would face the Indian law since the incident involved Indian nationals and an Indian vessel.
However, the processes through which a country protects its citizens are governed under established norms and the law. If these are taken recourse to with an open mind, well-intentioned negotiations can being relief to victims’ families in the normal course. Regrettably, in the case of the two unarmed Indian fishermen, mistaken for pirates and killed by two Italian Navy guards of a private merchant vessel of that country off the Kerala coast recently, common sense appears to have given way to meaningless nationalist posturing on both sides.
The ties between the two countries were mature and based on strong foundations. The Italian minister, who was here on a visit planned much before the February 15 incident, regretted the deaths but underlined that there were differences between the two countries over the jurisdiction issue. He said: “I have explained frankly the position of our government on the legal aspect. International laws should try the Italian men. There is difference of opinion on this and it has not been resolved.”
The Italian minister also went to Kerala to meet the families of the two fishermen. He also met Chief Minister Oommen Chandy.
Demand of Situation
India is part of the global effort to patrol the piracy-affected sea lanes of the Indian Ocean, but not enough seems to have been done to prevent tragic mix-ups of the kind that cost the lives of two innocent people.
India and Italy need to immediately take professional help to determine whether the tragedy occurred in Indian waters, and then swiftly ascertain jurisdiction through purposeful conversation, without hype. Rome has rushed its deputy foreign minister to New Delhi, and Italy’s foreign minister is also due to arrive soon. We need to de-escalate, look for an early practical solution, and get the case off the diplomatic crisis category.

Interest of Regional Powers in Sri Lankan Presidential Elections

The Tamil community will perhaps not be in the proper frame of mind disposed toward New Year greetings. The wounds of war run deep and have not healed. The Tamil community's collective psyche has been grievously battered and bruised.
High security zones have not been dismantled in the North and East. The homelands of the Tamils ravaged. Tamil youth languish endlessly in prisons though no action is taken to investigate and clear them or prosecute them. The Tamil people are up against unprecedented sufferings in the lands of their births. But the government merely offers them concessions such as opening of roads and lifting of fishing prohibitions to lure them to the polling booths.
Attempts are made to delude the people into believing that normalcy has returned to their lives. Neither emergency regulations nor curfews have been lifted as yet. The extension of emergency regulation in parliament every month has become an institutionalized tradition. There are no more search operations and arrests in the Jaffna Peninsula. Perhaps the government has suspended these things with the objective of winning the hearts of Jaffna's citizens and securing their votes. But arrests and search operations continue unabated in southern Sri Lanka as a strategy to lure the voters there.

Election Strategy
By resolving the immediate needs of people which were lost as the fallout of the war the government is making a great show that they are the decade's long grievances of the Tamil community. Because Sarath Fonseka says that expediting resettlement is another election strategy the government retorts by saying it cannot waste time by relating tales about landmines.
Meanwhile, huge crowds throng to see Sarath Fonseka at rallies. The upcoming Presidential Election will decide whether the crowds gathering at his rallies are idle spectators or not.
The United National Front (UNF) Alliance feels that if the Tamil National Alliance lends its support to Fonseka's candidacy that along with the split in the Ceylon Workers Congress (CWC) would help him to secure a considerable number of Tamil votes.
R.Yogarajan who was the national organizer of the CWC and party member and Deputy Education Minister Satchithanandan, have crossed over to United National Party.
R.Yogarajan is of the view that the All Party Representative Committee [APRC], which held more than 100 sessions, will not produce any meaningful results as far as the Tamil community's grievances are concerned. He says that the Mahinda Rajapaksa government's thinking is that there is no need for any devolution of powers for the Tamil community.
Since Prof. Tissa Vitharana has not released the APRC report, Yogarajan appears to be entertaining some suspicions relating to the credibility of the report.
It is said that the Democratic People's Front leader Mano Ganeshan has been unsettled by the crossover of these two hill country politicians. Mano Ganeshan should realize the fact that crossing over is very common at this time and is an inherent feature in a democracy. Further, there is also the fact that the APRC was only a tool used by the government to lull the international community and Tamils in the country into a false sense of satisfaction.
The split in the CWC would have shocked the main political leaders. At the same time Wimal Weerawansa, leader of the National Freedom Front says the international network of the LTTE has exerted pressure on Sampanthan to back the candidacy of Sarath Fonseka.

Southern Chauvinism Continues
His statement proves the fact that southern chauvinism continues to cling on to the LTTE to press on with their political activities. And they cannot dabble in politics sans the involvement of the rebels.
While Sampanthan says it was the wrong decision taken by the LTTE at the 2005 Presidential Election because it led to their destruction, Wimal Weerawansa expresses exactly the opposite opinion.
Sampanthan seems to have accepted the reality that if he announces a TNA decision to back the candidacy of Sarath Fonseka there would be chauvinistic elements to brand him an LTTE sympathizer. And that is why he appears to be adopting the strategy of expressing anti-LTTE opinions.
He also seems to be under the impression that the Tamil population has rallied round his leadership.
But the people in the North and East are more concerned about living in an atmosphere that's free of armed groups.
Tamils and Muslims who have spent their lives in areas under the control of the armed forces look forward to an ambience that is free of armed groups and the armed forces.
Even when the LTTE conducted peace talks with the government they attached priority status to the need for a return to normalcy in the lives of the Tamil people.
Meanwhile the Jaffna university students, who released a statement during the period when the election for the Jaffna Municipal Council was held, have released another statement relating to the presidential poll.
The secretary of the Students Union of the University says that either boycotting the Presidential Election or contesting the election independently cannot be welcomed.
Contesting or voting in the election is the democratic right of the people. There is also the fact that this election is not a political battlefield for the Tamils. Tamils should understand the fact that the man elected as president will have power to rule the entire nation. Further, this election is also a war of sorts for western and regional powers who seek to dominate the Indian Ocean. These powers are the driving force which makes both presidential contenders dance to their tune.

Opportunity for Tamil Community
Nowadays, Somali pirates tend to often prove the significance of the Indian Ocean. The incident involving a Chinese merchant vessel that was commandeered by the pirates has made China feel the need for positioning a deterrent Chinese naval vessel in the region.
China recently built a commercial harbor in Gwader in Balochistan, located inside the maritime boundaries of Pakistan. But since a liberation struggle is being waged in the region China feels it is not safe to construct a naval harbor there. As such, China might propose to establish a naval harbor close to Hambantota where construction of a modern commercial harbor is underway under its supervision.
At the same time India would prefer the election of a pro-India president in Sri Lanka before China strengthens its hold in Sri Lanka.
This presidential election offers an opportunity to the Tamil community to hit back at India for having helped the Chauvinistic regime in Sri Lanka on a large-scale to completely suppress and devastate the liberation struggle of the Tamil community. And Tamils have the power to accomplish this task.