Geopolitical and Legal Analysis of Maritime Dispossession in the Eelam Tamil Homeland (Tamileelam)
Disclaimer
This report is intended
for research and analytical purposes only and does not constitute legal advice.
The information synthesized herein is based on publicly available bilateral
agreements, state documents, academic studies, and reports from civil society
organizations as of early 2026. While every effort has been made to ensure
accuracy, the geopolitical landscape in the Indian Ocean Region is rapidly
evolving. The perspectives on "occupation" and
"sovereignty" presented are based on the documented political
positions of Eelam Tamil stakeholders and civil society.
Editor's Note
The terminology used in this report, including
"Tamil Eelam," "Eelam Tamil homeland," and "occupied
territory," reflects the specific historical, cultural, and political
claims of the Tamil people in the Northern and Eastern Provinces of Sri Lanka.
These terms are utilized to accurately represent the framework through which
local stakeholders interpret bilateral maritime and energy projects. This
report seeks to provide a balanced analysis by juxtaposing state-led development
goals against the rights-based and sovereignty-based concerns of the local
population.
Executive Summary
Since the conclusion of the civil war in 2009, the
Northern and Eastern Provinces of Sri Lanka—the Eelam Tamil homeland—have
become a frontier for a post-conflict surge in maritime and energy
infrastructure development. This report analyzes this phenomenon through the
lens of "ocean grabbing," a process where control over marine
resources is captured by powerful state and corporate actors, often
marginalizing traditional communities.1
Key findings include:
●
Surge in
Bilateralism: A total of 16 major MoUs
and agreements have been identified between India and Sri Lanka since 2009,
covering sectors from maritime security (MRCC) to massive renewable energy hubs
(Adani/NTPC).
●
The Occupation
Paradigm: Tamil political and civil
society actors maintain a formal stance of non-recognition regarding these
MoUs, arguing that the North and East are occupied territories under the
effective control of the Sri Lankan military. They assert that agreements made without
the Free, Prior, and Informed Consent (FPIC) of the Tamil people violate
international law.
●
Expectation of
Homeland Integrity: A central demand of
Tamil stakeholders is that the territorial integrity of the Tamil homeland must
be recognized and respected by both India and Sri Lanka as a prerequisite for
any regional cooperation.
●
Corporate Agency: Major Indian entities, including PSUs like NTPC and
Indian Oil, and private conglomerates like the Adani Group, are the primary
operators of this resource appropriation.4
●
Socio-Ecological
Impact: The decimation of small-scale
fisheries due to bottom trawling and industrial dredging, combined with the
militarization of coastal commons, has led to a collapse in local livelihoods
and food security.6
The report concludes with a detailed sample (Draft) petition
designed for submission to the United Nations, calling for a shift toward a
joint management framework that recognizes the sovereignty of the Tamil
homeland.
Methodology
The
research for this report was conducted using a multi-disciplinary approach that
integrates legal analysis, geopolitical tracking, and socio-economic impact
assessment. The primary data sources include:
1.
Bilateral
Instruments: Analysis of official
Memoranda of Understanding (MoUs) and joint statements released by the Indian
Ministry of External Affairs and the Sri Lankan Ministry of Foreign Affairs.
2.
Corporate
Disclosures: Review of project
portfolios and annual reports from Indian Public Sector Undertakings (PSUs) and
private infrastructure conglomerates active in the region.5
3.
Civil Society
Testimonies: Integration of
findings from Independent People's Tribunals on the Blue Economy, which
documented field evidence of resource dispossession and fisherfolk exclusion.
4.
Legal
Frameworks: Evaluation of
maritime activities against the United Nations Convention on the Law of the Sea
(UNCLOS), the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and
international humanitarian law regarding the rights of people in occupied
territories.7
5. Political Resolutions: Synthesis of statements and resolutions from Tamil political parties (e.g., TNPF, Northern Provincial Council) regarding territorial integrity and the illegitimacy of state-led enclosures.
A
Study of Ocean Grabbing and Indo-Lanka Bilateral Frameworks
The global maritime
landscape is undergoing a transformative shift, driven by the convergence of
resource scarcity, geopolitical competition, and the emergence of the "Blue
Economy" as a dominant development
paradigm. This transformation has given rise to the phenomenon of "ocean
grabbing," a process of dispossession and
appropriation of marine resources and spaces that systematically diverts wealth
and control away from local populations toward powerful state and corporate
actors. In the Northern and Eastern Provinces of Sri Lanka—regions historically
identified as the Eelam Tamil homeland—this process has intensified with
remarkable velocity since the formal conclusion of the civil war in 2009. The
strategic re-orientation of the Indian Ocean Region (IOR) has positioned the
maritime commons of the Tamil people at the center of a complex web of
bilateral agreements, industrial projects, and military surveillance
initiatives. This report provides an exhaustive analysis of these developments,
framing them within the context of international law and evaluating their
profound impact on the socio-economic and cultural integrity of the Tamil
people, who maintain that these agreements are an illegal imposition upon an
occupied territory and demand respect for their homeland's territorial integrity.
Ocean grabbing is
fundamentally characterized by the capturing of control by powerful economic
and political actors over crucial decision-making regarding marine resources.1 This capture includes the power to decide how resources
are used, managed, and conserved, both in the present and for future
generations.1 Unlike traditional
land grabbing, which is often visible through fences and physical enclosures,
ocean grabbing frequently manifests through the invisible enclosure of legal
and policy frameworks.1 These frameworks
often adopt the language of human rights, food security, and poverty
eradication to mask the underlying privatization of property rights and
market-based conservation blueprints.1
The "Blue
Economy" has emerged as the primary
conceptual vehicle for this enclosure. While international institutions such as
the World Bank promote the Blue Economy as a pathway for sustainable
development, field evidence suggests that its implementation often leads to the
marginalization of small-scale fishers and the erosion of customary governance.2 In the Indian Ocean region, the Blue Economy framework
has been linked to an "illicit grab" on coastal commons, where natural resources are
transformed into economic assets for industrial sectors, bypassing the
collective rights of traditional fishing communities.2 This process is not merely a byproduct of development
but a strategic exclusion of local stakeholders from the very spaces they have
occupied and managed for centuries.
From a legal perspective,
ocean grabbing intersects with the United Nations Convention on the Law of the
Sea (UNCLOS), which provides the comprehensive regime for maritime
jurisdiction.7 However, the
application of UNCLOS often prioritizes state sovereignty and the enforcement
of hard maritime boundaries over the human rights and customary tenure systems
of indigenous populations.8 The United
Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Food
and Agriculture Organization (FAO) guidelines on small-scale fisheries
emphasize the need to protect the tenure rights of local communities, a
requirement that is frequently overlooked in the high-stakes bilateral
negotiations between India and Sri Lanka.9
The Northern and Eastern
Provinces of Sri Lanka possess a unique maritime geography that has
historically shaped the identity and economy of the Eelam Tamil people. This
homeland encompasses the Palk Bay, the Gulf of Mannar, and the deep-water
harbor of Trincomalee—one of the finest natural harbors in the world. The Palk
Bay, a shallow stretch of sea barely 30 nautical miles wide at its narrowest
point, has been a shared maritime commons for Tamil fishers from both India and
Sri Lanka since time immemorial.8
The sovereignty of this
maritime space has been a point of contention for decades, particularly
following the 1974 and 1976 maritime boundary agreements between India and Sri
Lanka.12 These agreements delineated the International Maritime
Boundary Line (IMBL) and ceded the island of Katchatheevu to Sri Lanka, a
decision made without the ratification of the Indian Parliament.8 For the Tamil people, the imposition of the IMBL
transformed a culturally and economically contiguous sea into a militarized
zone, creating the legal conditions for the systematic arrest and harassment of
fishers.8
In the post-2009 era, the
Sri Lankan state, supported by Indian strategic investment, has sought to
consolidate its control over these regions through a combination of
militarization and industrial development. The designation of High Security
Zones (HSZs) and the establishment of large-scale energy hubs in the East have
effectively limited the access of Tamil communities to their traditional
homelands and coastal resources.13
This "security-first"
paradigm treats the Tamil maritime homeland as a strategic buffer zone,
prioritizing geopolitical stability and regional energy integration over the
human security and self-determination of the local population.
Since the end of the civil
war in 2009, the bilateral relationship between India and Sri Lanka has been
increasingly defined by a series of Memoranda of Understanding (MoUs) and
agreements that facilitate Indian entry into the Northern and Eastern Provinces.
These instruments cover maritime security, renewable energy, digital
infrastructure, and port development.
|
Date |
Title of Agreement/Instrument |
Primary Sector |
Key Objectives and Scope |
|
2011 |
Trilateral
Maritime Security Cooperation Agreement |
Defence/Security |
Established
a framework between India, Sri Lanka, and Maldives to address threats in the
IOR. |
|
2017
(May) |
Kankesanthurai
(KKS) Port Renovation Agreement |
Infrastructure |
Initial
approval for the renovation of KKS Port with Indian grant assistance. |
|
2019
(July) |
Maho-Omanthai
Railway Refurbishment |
Infrastructure |
$91.27
million Indian assistance for Northern railway modernization. |
|
2019
(Dec) |
Project
Management Consultant Services (KKS) |
Infrastructure |
Formalizing
the consulting framework for the northern port development.14 |
|
2022
(Mar) |
Renewable
Energy MoU (Mannar & Pooneryn) |
Energy |
Agreement
with the Adani Group to develop wind power projects (484 MW) in the North. |
|
2022
(Mar) |
Maritime Rescue Coordination
Centre (MRCC) Grant |
Security |
$6
million grant from India to establish an MRCC for enhanced maritime
surveillance.15 |
|
2023
(July) |
Renewable
Energy Cooperation MoU |
Energy |
Framework
for broader green energy partnership signed during Wickremesinghe's visit. |
|
2024
(Apr) |
KKS
Port Full Funding Grant |
Infrastructure |
Indian
government agreed to grant $61.5 million to cover the entire KKS
redevelopment. |
|
2024
(Apr) |
Riverine
Fairway Development MoU (NER) |
Infrastructure |
Agreement
involving DCI for maintaining navigational depths in the region.17 |
|
2024
(June) |
MRCC
Operationalization Agreement |
Security |
Commissioning
of the MRCC for the Sri Lankan Navy by the Indian EAM.18 |
|
2024
(Dec) |
Rehabilitation
of Karainagar Boatyard MoU |
Infrastructure |
Grant
for northern maritime industry support. |
|
2024
(Dec) |
Joint
Statement on Northern Port Cooperation |
Infrastructure |
Reiteration
of joint work on northern ports using Indian grant assistance. |
|
2025
(Mar) |
Vadhavan
Port Bidding Framework |
Maritime |
Consortium
involving Adani Ports for major dredging/reclamation works.19 |
|
2025
(Apr) |
5-Year
Defence Cooperation MoU |
Defence |
Comprehensive
agreement structuring joint exercises and maritime surveillance.18 |
|
2025
(Apr) |
Sampur
Solar Power Project Phase I |
Energy |
Groundbreaking
ceremony for a 120 MW solar plant in Trincomalee via NTPC-CEB JV.21 |
|
2025
(Apr) |
Trincomalee
Regional Energy Hub (Trilateral MoU) |
Energy |
UAE-India-SL
deal for refinery, pipeline, and tank farm infrastructure.23 |
|
2025
(Apr) |
Digital
Transformation & Health MoU |
Socio-Economic |
$15.5
million (LKR 2.37 billion) for Eastern Province development. |
|
2025
(Apr) |
Critical
Minerals Cooperation MoU |
Resources |
Framework
for joint exploration/extraction of vital minerals.26 |
|
2025
(Apr) |
Electricity
Grid Interconnection Agreement |
Infrastructure |
Planning
for a bi-directional power cable between India and Sri Lanka. |
The execution of these MoUs is driven by a diverse array of Indian entities, including central government public sector undertakings (PSUs), large private conglomerates, and specialized maritime service providers. These actors represent the operational hand of "ocean grabbing," translating high-level policy into physical infrastructure and resource control.
|
Entity Name |
Status |
Primary Projects/Roles |
Implications for Resource Control |
|
NTPC Limited |
State-Owned
(PSU) |
Sampur
Solar Power Project; Trincomalee Power Company Ltd (JV).27 |
Facilitates
large-scale land and ocean enclosures in the East for energy.8 |
|
Adani Group |
Private
Conglomerate |
Mannar
& Pooneryn Wind Projects; Colombo Port West Container Terminal (WCT).4 |
Holds
controlling stakes in strategic maritime and renewable energy hubs. |
|
Indian Oil Corporation (IOCL/LIOC) |
State-Owned
(PSU) |
Trincomalee
Oil Tank Farm; Bunker fuel supply; Trilateral refinery project.29 |
Integrates
Sri Lanka's energy security with India's national system.29 |
|
Dredging Corporation of India (DCI) |
State-Owned
(PSU) |
Maintenance
and capital dredging in northern/eastern ports.17 |
Alters
maritime ecology to accommodate large-scale industrial shipping.17 |
|
IRCON International |
State-Owned
(PSU) |
Railway
restoration and infrastructure development in the North. |
Enhances
logistical connectivity required for industrial extraction. |
|
ITD Cementation |
Private |
Marine
engineering and port construction for Vadhavan/KKS.19 |
Executes
the physical construction of maritime enclosures. |
|
Knowledge Marine & Engineering (KMEW) |
Private |
Specialized
dredging and niche maritime services.31 |
Provides
technical expertise for shallow-water and port deepening. |
|
International Seaport Dredging (ISDPL) |
Private
(L&T JV) |
Capital
dredging and offshore reclamation.32 |
Leverages
global dredging fleets for major land and ocean reclamation.32 |
|
Larsen & Toubro (L&T) |
Private |
Infrastructure
development and maritime engineering (partner in ISDPL). |
Major
engineering force in industrial maritime hubs construction. |
|
Alliance Air / IndiGo |
State/Private |
Chennai-Jaffna
(Palaly) air route operations. |
Solidifies
regional connectivity and business-to-business ties. |
The cumulative effect of
these agreements and the presence of these entities has profoundly impacted the
lives and livelihoods of the Eelam Tamil people. The transformation of their
maritime homeland into a site for industrial and strategic expansion has
resulted in several distinct forms of dispossession.
For generations, the sea has
been the primary source of nutrition and economic stability for the Tamil
people in the Northern Province. However, the encroachment of mechanized Indian
trawlers, primarily from Tamil Nadu, has led to a catastrophic depletion of
fish stocks.6 These trawlers engage
in bottom trawling, a highly destructive practice that involves scraping the
seabed with heavy nets, indiscriminately capturing everything in their path and
destroying coral reefs and seagrass beds.6
Local Tamil fishers report
that they now need to put in five times more effort to catch the same quantity
of fish than they did in previous decades.6
The ecological damage is accompanied by direct financial loss; Indian trawlers
frequently operate at night, cutting through the nets of local fishers and
destroying their primary assets.6 This
has created a cycle of debt and poverty, forcing many families to abandon their
traditional occupation or fish in less productive nearshore areas to avoid
conflict.6
In the Eastern Province,
particularly in the Trincomalee district, the Sampur Power Project serves as a
critical case study in ocean and land grabbing. The project, which was delayed
for nearly two decades due to environmental and community opposition, involves
the enclosure of vast areas of community land for energy infrastructure.33 The displacement of war-affected Tamil families is
exacerbated by the designation of High Security Zones (HSZs) and the restricted
movement of people to their traditional moaring sites.13
The transformation of
Trincomalee into a "regional energy hub" involves not only land-based infrastructure but also the
development of undersea pipelines and bunkering facilities.29 These projects are often executed through trilateral
agreements involving foreign powers like the UAE, further distancing the
decision-making process from the local population.24 For the Tamil residents of Trincomalee, this
"development" represents a form of
modern colonization where their land and sea are used to fuel the regional
economy while they remain marginalized.
The maritime agreements
between India and Sri Lanka are deeply intertwined with a militarized security
architecture. The 2025 Defence MoU and the establishment of the Maritime Rescue
Coordination Centre (MRCC) provide the Sri Lankan Navy with enhanced surveillance
capabilities.18 While framed as a
response to piracy or smuggling, this militarization has direct consequences
for the Tamil people. The Navy frequently arrests and harasses local fishers,
and there have been numerous reports of custodial violence and the destruction
of fishing gear.8
The presence of the armed
forces in the Northern Province is seen as a primary barrier to the recovery of
the fishing sector.2 Navy-governed coastal
spaces and "no-access" zones
prevent fishers from moaring their boats near their traditional homes, forcing
them to make long and difficult journeys to engage in their trade.13 This strategic exclusion of the Tamil people from their
maritime commons is a fundamental violation of their rights to life, work, and
cultural expression.8
A critical dimension of the
maritime conflict is the formal position of Eelam Tamil political and civil
society representatives, who do not recognize the legitimacy of MoUs signed
between the Indian and Sri Lankan governments. This non-recognition is rooted
in the belief that the Northern and Eastern Provinces (Tamil Eelam) are an
occupied territory under the effective control of the Sri Lankan military.
Mainstream Tamil political
forces, such as the Tamil National People's Front (TNPF), argue that any
bilateral agreement concerning the Tamil homeland made without the Free, Prior,
and Informed Consent (FPIC) of the Tamil people is a violation of international
law. They maintain that the Sri Lankan state lacks the sovereign mandate to
lease or develop Tamil maritime resources, as its presence in these regions is
viewed as an "illegal occupation" aimed at demographic reconfiguration and
"Sinhalization".
The TNPF and other
nationalist groups emphasize that the 1987 Indo-Lanka Accord and its subsequent
MoUs have failed to deliver a political solution, instead trapping Tamil
politics in a "unitary state"
framework that provides neither accountability nor genuine autonomy.
Consequently, many Tamils believe that both the Indian and Sri Lankan
governments are acting in violation of international legal norms by
commodifying "occupied" maritime
commons for geopolitical and corporate gain.
A fundamental tenet of the
Tamil political stance is that any durable solution must include the
recognition of an identified Tamil homeland and the guarantee of its
territorial integrity. Tamil activists argue that the British initially
violated this integrity in 1833 by merging distinct units of rule, and that
subsequent unitary constitutions have continued this erosion. Consequently,
they maintain that external forces, including India, must subject the "territorial
integrity of the Sri Lankan state" to the
prior recognition and respect of the sovereignty and territorial integrity of
the Eelam Tamil nation in the North-East.
Tamil
civil society has increasingly called for the international community to
recognize the North-East as a "Non-Self-Governing
Territory" under international law. This
perspective asserts that the current developmental and maritime projects—such
as the Adani wind farms and the Trincomalee energy hub—are extensions of
structural genocide, designed to undermine the territorial integrity and contiguity
of the Tamil homeland. They advocate for a pre-constitutional political treaty,
comparable to the Good Friday Agreement, that recognizes Tamil sovereignty and
constituent power as a prerequisite for any resource-sharing agreements.
The actions of the Indian
and Sri Lankan states in the Northern and Eastern provinces can be critically
analyzed under several international legal frameworks. These frameworks suggest
that the bilateral MoUs and the projects they facilitate constitute a breach of
established norms.
While both India and Sri
Lanka are parties to UNCLOS, their bilateral dealings in the Palk Bay and
Trincomalee have consistently bypassed the convention's requirements for
environmental protection and cooperative management.
●
Articles 123 and
197 (Duty to Cooperate): These articles
mandate that states bordering a semi-enclosed sea must cooperate in the
exercise of their rights and duties.35 The
failure to engage in transparent consultation with all stakeholders, including
local fishing unions, is a significant breach of this obligation.35
●
Article 206
(Assessment of Potential Effects): This
article requires states to assess the potential effects of activities under
their jurisdiction that may cause significant harm to the marine environment.35 Transboundary Environmental Impact Assessments (EIAs)
for joint energy projects have been largely absent or opaque.
●
Article 194 and
204 (Prevention of Pollution): The
continued use of bottom trawlers by Indian fleets, supported by the state's
lack of enforcement, represents a failure to protect the marine environment
from the devastating effects of industrial exploitation.35
The "ocean
grab" in the Tamil homeland is a direct
violation of the rights of indigenous and traditional communities under the
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
●
Right to
Territory and Resources: UNDRIP protects
the rights of indigenous peoples to the lands and territories they have
traditionally occupied. The enclosure of Tamil maritime commons for industrial "Blue
Economy" projects without FPIC is a
fundamental breach.
●
Marginalization
of Customary Governance: The replacement
of traditional community-led management of fisheries with state-controlled,
market-based supply chains systematically erodes the customary governance of
the Tamil people.1
The UN Special Rapporteur on
the Right to Food has explicitly categorized ocean grabbing as a serious threat
to global food security. In the Eelam Tamil homeland, the depletion of fish
stocks by industrial fleets and the restriction of access to coastal lands
undermine the community's ability to feed itself.8
The diversion of marine
resources to meet export demands or power regional energy grids violates the
fundamental right to food for millions of people. This is exacerbated by the
climate crisis, as rising sea levels and shifting migration patterns further
increase the vulnerability of the Tamil fishing community.
The rapid proliferation of
MoUs since 2009 is driven largely by the intense rivalry between India and
China for influence in the Indian Ocean Region. India views the Northern and
Eastern provinces as its immediate "backyard" and is deeply sensitive to Chinese presence in projects
like the Hambantota port or hybrid energy initiatives on the northern islands.
New Delhi's strategy
involves utilizing both public sector undertakings (NTPC, DCI, IOC) and private
entities (Adani) to secure strategic infrastructure.37 By funding the KKS port renovation and the Trincomalee
tank farm, India ensures that no "hostile country" can use these facilities for military purposes.29 However, this geopolitical maneuvering often treats the
Eelam Tamil homeland as a pawn in a larger game. The "security-first" approach prioritizes maritime stability over the human
rights and political aspirations of the Tamil people, effectively
institutionalizing a new form of regional hegemony that is viewed by the local
population as a reinforcement of the Sri Lankan occupation and a violation of
their territorial integrity.
The systematic dispossession
of the Eelam Tamil people from their maritime homeland through "ocean
grabbing" represents a significant
violation of international law and a profound threat to their socio-economic
survival. The transition of the Northern and Eastern regions from a site of
ethnic conflict to a frontier of the "Blue Economy" has not brought prosperity to the local population;
instead, it has replaced the physical enclosure of war with the legal enclosure
of industrial bilateralism.
1.
Enclosure through
Bilateralism: The MoUs signed between
India and Sri Lanka since 2009 have created a legal framework for the
appropriation of Tamil maritime resources for regional energy and
infrastructure goals without the consent of the local population.2
2.
The Occupation
Paradigm: Tamil stakeholders explicitly
reject these agreements, viewing the regions as occupied territory where state
and corporate actors are violating international human rights and the
territorial integrity of the Tamil nation.
3.
Ecological and
Economic Collapse: Destructive practices
like bottom trawling and industrial dredging are leading to the collapse of the
small-scale fisheries sector, which is the backbone of the Tamil economy.6
4.
Militarization of
the Commons: The institutionalization of
maritime security through joint patrols and MRCCs serves to consolidate state
control over the Tamil people, violating their rights to life, work, and
movement.18
●
Establishment of
a Joint Management Authority: India and
Sri Lanka must move toward a joint management framework that includes direct
representation from Northern Sri Lankan and Southern Indian fishing unions,
recognizing the unique status and territorial integrity of the Tamil homeland.38
●
Mandatory
Transboundary EIAs: All future
industrial and energy projects in the Palk Bay and Trincomalee regions must be
subject to independent, transboundary Environmental Impact Assessments that
analyze the impact on small-scale fishers and local nutrition.35
●
Adherence to FPIC
Standards: India must respect the
principle of Free, Prior, and Informed Consent when engaging in projects in the
North and East, recognizing that bilateral MoUs cannot supersede the rights of
the Tamil people to their traditional resources and territory.
●
Enforcement of
Trawling Bans: Both states must commit
to an immediate and effective ban on bottom trawling, with Indian authorities
taking responsibility for preventing their fleets from encroaching on Sri
Lankan waters.6
●
International
Legal Redress: The Tamil people should
seek redress through international forums such as the International Tribunal
for the Law of the Sea (ITLOS) to challenge the validity of bilateral
agreements that bypass environmental and human rights obligations over an
occupied territory.
The maritime future of the Eelam Tamil homeland must
be defined by the principles of social justice, food sovereignty, and the right
to self-determination. Only by dismantling the occupation paradigm and
restoring the integrity of the Tamil people's territory can a sustainable and
lawful regional order be established.
1. Conceptualizing Ocean Grabbing in International Law
Ocean grabbing refers to the dispossession, marginalization, or
exclusion of local communities from marine resources and coastal spaces. While
"ocean grabbing" is not defined as a singular, codified crime within
international tribunals, the practices it encompasses intersect heavily with
violations of established United Nations (UN) conventions, treaty-based
maritime rights, and international human rights law. In regions subjected to
heavy militarization and geopolitical contestation, state-driven maritime appropriation
frequently exploits legal ambiguities to displace historical fishing
communities and consolidate territorial control.¹
2. UNCLOS and the Limits of State Sovereignty
The United Nations Convention on the Law of the Sea (UNCLOS)
serves as the primary international treaty governing global maritime spaces.
While UNCLOS grants coastal states sovereign rights over their Exclusive
Economic Zones (EEZs) and territorial waters, these rights are neither absolute
nor exempt from human rights considerations. States are legally bound to manage
marine resources equitably and without prejudice to traditional fishing rights.
The systemic exclusion of traditional fishing communities from their historical
waters—whether through state-sponsored coastal militarization or aggressive
maritime boundary enforcement—contravenes the equitable utilization and access
principles embedded in UNCLOS.²
3. International Human Rights and Customary Law Frameworks
The appropriation of coastal lands and marine resources directly
violates several core international human rights conventions and declarations:
●
The International Covenant on Economic, Social and Cultural
Rights (ICESCR): State-sponsored ocean grabbing deprives communities of their
right to an adequate standard of living and the right to work, specifically
targeting the traditional livelihoods of coastal populations.³
●
UN Declaration on the Rights of Indigenous Peoples (UNDRIP): This framework
emphasizes the inherent rights of indigenous and historical communities to own,
use, develop, and control their traditional lands, territories, and coastal
waters, prohibiting forced dispossession.⁴
●
UN Declaration on the Rights of Peasants and Other People
Working in Rural Areas (UNDROP): Explicitly protects the rights of artisanal
fishers to access marine resources and participate in the management of these
coastal ecosystems, ensuring food sovereignty.⁵
4. The "Blue
Economy" and Environmental Pretexts
A critical mechanism of modern ocean grabbing involves the
weaponization of treaty-based environmental conservation efforts. States often
utilize international environmental mandates to establish Marine Protected
Areas (MPAs) or "Blue Economy" development zones. While ostensibly
aligned with UN Sustainable Development Goals (SDGs), these designations are
frequently implemented without the Free, Prior, and Informed Consent (FPIC) of
local communities. Consequently, environmental treaties are repurposed as a legal
pretext to enclose coastal areas, restrict access to traditional fishers, and
facilitate state or corporate control over maritime resources.⁶
5. Application to the Eelam Tamil Homeland
In the context of the Eelam Tamil homeland, ocean
grabbing manifests through heavy naval presence, the establishment of coastal
high-security zones, and the encroachment of state-backed commercial or foreign
geopolitical interests into traditional fishing waters. Viewing these actions
through the lens of international law reveals a systematic breach of both
maritime and human rights treaties. Addressing these violations necessitates
international accountability mechanisms and the stringent application of UN
frameworks to protect the Tamil community's historical maritime rights against
state-engineered demographic and economic marginalization.⁷
Endnotes / References
1.
Transnational Institute (TNI), The Global Ocean Grab: A
Primer, 2014.
2.
United Nations Convention on the Law of the Sea (UNCLOS), 1982,
Articles 56, 61, and 62.
3.
UN General Assembly, International Covenant on Economic,
Social and Cultural Rights (ICESCR), 1966, Articles 1, 6, and 11.
4.
UN General Assembly, United Nations Declaration on the Rights
of Indigenous Peoples (UNDRIP), 2007, Article 26.
5.
UN General Assembly, United Nations Declaration on the Rights
of Peasants and Other People Working in Rural Areas (UNDROP), 2018.
6.
Barbesgaard, M., "Blue Growth: Savior or Ocean
Grabbing?", Journal of Peasant Studies, 2018.
7.
Application of Customary International Law and UN mechanisms to
transitional justice, geopolitical resource conflicts, and minority rights.
You may use the example Petition provided
below at no cost.
Subject: Formal Petition for Immediate Intervention and
Investigation into State-Led Maritime Dispossession ("Ocean
Grabbing") in the Occupied Eelam Tamil
Homeland (Northern and Eastern Provinces of Sri Lanka).
To:
1.
UN Human Rights
Council (UNHRC)
2.
UN Special
Rapporteur on the Right to Food
3.
UN Special
Rapporteur on the Rights of Indigenous Peoples
4.
UN Working Group
on Business and Human Rights
5.
UN General
Assembly Fourth Committee (Special Political and Decolonization)
We, the representatives of
the Eelam Tamil nation, formally submit this petition to alert the
international community to the systematic and intensified dispossession of our
maritime resources and ancestral homelands. Since 2009, the Eelam Tamil
homeland has been subject to a "Blue Economy" development paradigm
that serves as a tool of structural genocide, displacing traditional
communities and destroying the socio-economic foundation of our people within
an illegally occupied territory.
1.
Violation of
Sovereignty and Territorial Integrity:
The Northern and Eastern Provinces constitute the historically identified
homeland of the Eelam Tamil nation. Any bilateral agreement (MoU) signed
between the Governments of India and Sri Lanka concerning these territories
without the Free, Prior, and Informed Consent (FPIC) of the Tamil people is a
violation of international law.
2.
Ocean Grabbing as
a Violation of the Right to Food: The
continued encroachment of mechanized Indian bottom trawlers and the
establishment of industrial energy hubs (Adani/NTPC) have decimated fish stocks
and destroyed marine habitats (coral reefs and seagrass beds). This constitutes
a direct threat to the food security and livelihoods of over 200,000 Tamil
fishing families.6
3.
Illegal
Occupational Enclosures: Large-scale
energy and infrastructure projects in Mannar, Pooneryn, and Trincomalee are
being executed under military supervision and within High Security Zones
(HSZs), effectively enclosing maritime commons and preventing customary access
for Tamil fishers.
4.
Corporate
Accountability and Lack of Due Diligence:
Indian entities, including Adani Ports, NTPC, and the Dredging Corporation of
India, are active in the region without conducting comprehensive, transboundary
Environmental and Human Rights Impact Assessments.
1.
Recognition of
Non-Self-Governing Status: We urge the
UN General Assembly to refer the question of the Eelam Tamil homeland to the
Fourth Committee for recognition as a "Non-Self-Governing Territory"
under international law.
2.
Independent
Monitoring Mechanism: We request the
establishment of a specialized UN mechanism to monitor the human rights and
ecological impact of large-scale infrastructure projects in the Northern and
Eastern Provinces.
3.
Halt to
Destructive Practices: We demand an
immediate, UN-enforced moratorium on all bottom-trawling activities in the Palk
Bay and Gulf of Mannar to prevent the total collapse of local fisheries.10
4.
Verification of
FPIC: We call upon the UN Working Group
on Business and Human Rights to investigate whether Indian and Sri Lankan state
and private entities have adhered to the principle of Free, Prior, and Informed
Consent in the planning and execution of all renewable energy and port projects
since 2009.
5.
Referral to
the ICJ/ITLOS: We seek an advisory
opinion from the International Court of Justice (ICJ) or the International
Tribunal for the Law of the Sea (ITLOS) regarding the validity of bilateral
maritime agreements signed over a territory under military occupation and
without the consent of the indigenous nation.
Works cited
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Global Ocean Grab - Transnational Institute, accessed February 22, 2026, https://www.tni.org/files/download/the_global_ocean_grab.pdf
2.
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3.
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accessed February 22, 2026, https://www.imo.org/en/ourwork/legal/pages/unitednationsconventiononthelawofthesea.aspx
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jurisdiction challenges: india and sri lanka's conflict in the palk strait and
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'Ocean-grabbing'
as serious a threat as 'land-grabbing' – UN expert on right to food - ohchr,
accessed February 22, 2026, https://www.ohchr.org/en/press-releases/2012/10/ocean-grabbing-serious-threat-land-grabbing-un-expert-right-food
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LAW PERSPECTIVE ON FISHERMEN DISPUTE BETWEEN INDIA AND SRI LANKA - IJRAR,
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India
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Sri
Lanka caught in the crossfire of India–China maritime rivalry | East Asia
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strong bidding groups to vie for ₹19239 crore dredging and offshore reclamation
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Ground
Breaking Ceremony for 50 MW Solar Power Project in Sri Lanka - NTPC Limited,
accessed February 22, 2026, https://ntpc.co.in/media/press-releases/ground-breaking-ceremony-50-mw-solar-power-project-sri-lanka
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Sri
Lanka and India sign agreement for long awaited solar power ..., accessed
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energy play: The India-Sri Lanka-UAE deal in Trincomalee | Lowy Institute,
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.jpg)
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