Sea Plane Struggle Leaders appear in Negombo Magistrate Courts today -11.07.11

Negombo Police arrested Two leaders claiming they were engaged anti government activities on 27th November 2010 at Negombo. Distributing leaflets are the main reason behind the arrest. The 4th day of the hearing of the case is on 11 July 2011.

So, this is just a note about what is our stand on Negombo lagoon and sustainable fisheries, human rights of the country. We prepared this last December and thought worth to add this to my diary.

Herman

Negombo Lagoon: A World Heritage
World famous Negombo Lagoon in Sri Lanka which has been the breeding ground of thousands of marine species that not only make the Lagoon their home but the Indian Ocean as well for many a millennia and provide livelihoods to generation after generation of fisher folk both in the lagoon and also in the surrounding sea, making ‘Negombo Fish’ (Meegomu Maalu) a brand of high quality fish in Sri Lanka and abroad is under grave threat from an ill conceived and conceptualized, environmentally and people unfriendly ‘Seaplane Tourism Project’. People of Negombo and elsewhere have responded well to the voluntary and spontaneous protest of the Fisher Folk in objecting the ‘Seaplane Project’ which will convert the platform for livelihoods of thousands - Negombo Lagoon - into a playground of spoiled naughty rich tourists and for a few greedy people to line up their pockets.

Right to Breed (Fishes) & Right to Feed (Fisher Folk)
Negombo Fisher Folk in Sri Lanka who are well used to brave stormy seas and the elements have found themselves in the eye of an ‘economic storm’ brewed by a few greedy business people and public servants and politicians who support them. This is literarily unfamiliar ground for the Fisher Folk as they are traditionally concerned with risks to their livelihoods that come from the seas. The cause of the Fisher Folk is championed by Negombo Lagoon Fisher People’s Organization, chaired by Mr. Marcus Fernando and the All Ceylon Fisher Folk Trade Union, of which the Chairman is Mr. Aruna Roshantha.
So far the Fisher Folk have been successful in keeping the ‘Seaplane Project’ at bay despite the highest level force exerted by the Government through the local and National level officers, politicians, Police, Army, Navy and other resources funded by the public. Fisher Folk have vowed not to allow the ‘Negombo Lagoon’ be taken away from their children and to fight this injustice to a positive legal conclusion that protects the rights of the fish and other species to breed and the Fisher Folk to Feed their families. Fortunately the Government has temporarily heeded the protest and a there is the ‘calm before the next big storm’.
Protests by Fisher Folk
Within this background the Fisher Folk continue to create awareness amongst themselves, amongst the public and the media about their rights, plight of the Negombo Lagoon and the reckless attitudes displayed by the ‘public servants’ and decision makers. There were many rallies, protests, fund raisings organized by the Fisher Folk and during a leaflet distribution campaign held on November 28, 2010 two of the leaders of the Fisher Folk, Mr. Marcus Fernando, Chair Person of Negombo Lagoon Fisher People’s Organization and Mr. Aruna Roshantha, Chair Person of All Ceylon Fisher Folk Trade Union were arrested by the Police for distributing an information leaflet, which is a right enshrined by the Constitution of Sri Lanka.
The Court Case against the two fisher leaders came up in Negombo Magistrate Court yesterday, 14th December. Mr. Marcus Fernando, Chair Person of Negombo Lagoon Fisher People’s Organization and Mr. Aruna Roshantha, Chair Person of All Ceylon Fisher Folk Trade Union, were arrested by the Negombo Police on 28th November claiming they were trying to provoke people against the Government by distributing a leaflet on Seaplane issue in Negombo Lagoon.
These two Fisher Folk Leaders appeared before the Negombo Magistrate yesterday and were released on bail with personal sureties amounting to Rs. 200,000/- each. Hundreds of Fisher Folk rallied around them and were around the Magistrate Courts.
A Leaf from President Mahinda Rajapakse’s Old Book!
Mr. Lakshan Dias, a lawyer from Center for Human Rights and Development [CHRD], appeared for the Leaders of the Fisher Folk and presented the case while 21 other lawyers also appeared voluntarily showing solidarity for the cause of the Fisher Folk.
Lawyer Lakshan Dias quoted from a Supreme Court Judgment of Veteran Supreme Court Justice Mark Fernando on ‘Jana Ghosha’ which was organized by our current President, His Excellency Mahinda Rajapakse, when he was an opposition MP in 1992:
“TODAY POLICE HAS NO RESPECT FOR RULE OF LAW AND OFTEN POLICE OFFICERS DO THIS KIND OF ACTIONS TO PLEASE POLITICIANS. THAT IS HOW THIS KIND OF CASE COMES UP. THE COURT AND THE ATTORNEY GENERAL HAS THE POWER TO ORDER WITHDRAWAL OF SUCH PROCEEDINGS. ALLOWING SUCH CASES TO PROCEED IS BAD FOR THE JUDICIAL SYSTEM.”
Sadly the situation has only worsened over time due to the Judicial System not being responsible as it was called upon to be by the Justice Mark Fernando. Accordingly Mr Lakshan Dias, the lawyer for the defense argued and moved for the dismissal of the case, based on the above with any further proceedings, while the Police opposed saying they needed to time for fact funding and presenting their case! So, the case was postpone the hearings and will be further examined on 31st January 2011.
There were more than 200 fishermen and women attended the Court to observe the case as well as to give strength to their Leaders who represent their ‘Right to Feed’ their families through their livelihoods on Negombo Lagoon.
In addition there were people and people leaders from all over the Country, from Hambantota, Matara, Kalutara, Colombo, Trincomalee, Puttlam, Kurunegala, Mannar amongst the crowd who came to the Court to show their solidarity to Negombo Fisher Folks.
Protests Continue
After the Court Case was adjourned and the two Fisher Leaders were released on bail, number of fishermen, civil society activists, and catholic priests could be seen distributing a leaflet for educating general public against arresting of fisher leaders around Negombo Town. The support from the general public was overwhelming as they have now come to realize the destructive impacts of the Seaplane Project on Negombo Lagoon, their general socio-cultural environment and their own fisher people.
“We are not afraid of this arresting as we haven’t done any anti-government activity. We only did educate general public against this destructive seaplane issue and this struggle will continue further. No one can stop lagoon fishermen protecting their only source of livelihood. With our people we have become strong. Lagoon belongs to us and we need to protect it.” said Marcus Fernando, Chairperson of Negombo Lagoon Fisher People’s Organization addressing the media after being released on bail. He said that the people are fully committed to maintain the pressure to put a full stop to the Seaplane Project and thereby to protect Negombo Lagoon from permanent destruction.
Irresponsible Attitude of Government Officers
However, despite all these it appears that irresponsible attitude of government officers continue. Within a few hours of the Court appearing of the Fisher Leaders, it was observed what the Secretary of the Ports and Aviation ministry, Mr. K.V.P. Ranjith de Silva’s had to say to the Lakbima News media. Following are the questions asked by the journalist and the answers given by the Secretary:
Journalist: What is the future of the Seaplane Project in Negambo?
“The government has identified the importance of tourism and the importance of seaplanes as a mode of tourist transportation. This project will be carried out, currently we are studying the impact and trying to minimize the affect of the local fishing population.”
Journalist: Are you implying that you did not study the matter before?
“Well, the Central Environment Authority has given us a conditional approval and what fishermen and environmentalist say is only an opinion. We will see what we can do.”
Crimes Against Environment & Humanity
It is very sad that the Government Officers act in this manner bringing the Government and the people on a collision path with their ill conceived, poorly researched and destructive projects that cause irreversible damage to the environment and destruction of livelihoods of ordinary people.
These are crimes against the environment and the people and should be seen as such by the politicians, decision makers, opinion leaders, artists, and the public.
Ethically to protect ones job and feed his family or to create an enterprise and profit from it, one cannot destroy livelihood of thousands of already marginalized people, an if one does that it is a crime of the highest order against the humanity.
People & Environmentally Friendly Eco-Tourism
Surely Negombo Lagoon has untapped huge potential. That potential needs to be tapped in a very sensitive, environmentally friendly, sustainable manner using a pro-poor approach. In the centre of such sustainable development are the core activities of ‘traditional fishing’ and ‘community based eco-tourism’ that uses the traditional fishing as the platform. Fishing tours, sea food restaurants, home stays, handicrafts, fisher-folk culture etc. would lead to enough income to alleviate poverty, collect taxes, draw foreign exchange and fill the current and future hotels in the ‘Little Rome’ as Negombo is known for over hundreds of years!
What is Future of the People’s Struggle?
Government is responsible for protect people’s rights. So, they should ensure not to harm people, their right to life and livelihoods, environment, decent life pattern and also the rights of the children. People have learnt lessons now and becoming united to face the challenges. What they are doing today is to organize as united fisher people’s body. Leader are working hard to form village unit from each anchorage point, unionizing the people for any future hazard to face. Also, now they are ready not only to face the challenges to come. But also to challenge any one disturb their life and livelihoods in the future.
Bringing them to the courts will not repress them and they are ready to go to courts in the future too. Government had given them an opportunity to learn from the experiences. People are learning, learning to the death.
What Marcus Fernando, Chair Person of Negombo Lagoon Fisher People’s Organization said at the end of the court case is important. “Lagoon is our mother. Lagoon is Mother to more than 15,000 people who are living around the Lagoon. We will not allow to destroy our mother. We protect it what ever possible way. Bringing us to the court gave us more courage and strength to protect the lagoon at any cost. So, we are determined to protect the lagoon and will go forward. We will create history.”
Come and join with the Fisher People’s Struggle!
Long Live Fisher People’s Struggle!




Prepared by Herman Kumara, Convener, NAFSO, No.10, Malwatta Road, Negombo and Convener, Alliance for Protection of Negombo Lagoon on 20 December 2010.