Ex-SLN seniors focus on seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin

Ambassador Majintha Jayasinghe, on Dec, 12, presented his Letters of Credence to Chinese leader Xi Jinping at the Great Hall of the People in Beijing. Jayasinghe was among several envoys who presented their credentials on that day.

During the presentation of the Letters of Credence, Ambassador Majintha Jayasinghe conveyed greetings from the President of Sri Lanka Anura Kumara Dissanayake and the people of Sri Lanka, to President Xi Jinping. President Xi reciprocated greetings to the President and the people of Sri Lanka. Addressing them, Jinping reiterated China’s readiness to share its development expertise and opportunities with other countries and promote the modernization of all countries, based on peaceful development, mutually beneficial cooperation, and common prosperity.

The above strategy has done wonders for Beijing as its windfall in Africa and elsewhere is leaving the traditional domineering states of the West literally in shock and awe, to borrow the words of former US President George W. Bush, who, of course, uttered those words in haste after the US invaded Iraq.

By Shamindra Ferdinando

Close on the heels of the conclusion of President Anura Kumara Dissanayake’s three-day official (Dec. 15-17) visit to New Delhi, the Indian High Commission here announced the planned visits by Indian Coast Guard vessels OPV (Offshore Patrol Vessel) Vaibhav and FPV (Fast Patrol Vessel) Abhiraj to Colombo and Galle, respectively.

According to an Indian HC press release, dated Dec. 20, OPV Vaibhav would be here from Dec. 23 to 27 and FPV Abhiraj from Dec. 29 to January 02, 2025.

As dinned into us over and over again by Indians, such visits, are meant to consolidate the friendship and interoperability between the two neighbouring friendly Navies in line with India’s SAGAR (Security and Growth for All in the Region) doctrine and ‘Neighbourhood First’ policy.

A day after the Indian HC statement on impending ship visits, the Chinese People’s Liberation Army Navy hospital ship ‘Peace Ark’ arrived in Colombo on a formal visit. The vessel is scheduled to leave Colombo on Dec. 28. Regular Indian and Chinese ship visits underscore the continuing tussle between the two giants of Asia because of Sri Lanka’s failure to state its independent and non-aligned position vis-a-vis two nuclear powers and, for that matter, all powers. This had been the unequivocal policy of Sri Lanka, prior to 1977.

With regard to ship visits, the issue at hand is what to do with the one-year moratorium imposed on January 1, 2024, on foreign research vessels entering Sri Lankan waters. The National People’s Power (NPP) government, struggling to balance relations with China and India, has declared that a committee would decide on what Foreign Minister Vijitha Herath called a national policy framework regarding visits by foreign research vessels.

China tested Sri Lanka’s ban by sending Xiang Yang Hong 3 early this year. The Wickremesinghe-Rajapaksa government had no option but to deny it entry into the country’s exclusive economic zone much to the disappointment and anger of China.

In August 2022, the Yuan Wang 5 arrived at the Hambantota port. Shi Yan 6 docked at Colombo port in late Oct. 2023. On both occasions, New Delhi protested. The US sided with India.

During President Dissanayake’s visit, India took up the contentious issue of Chinese research vessels targeting India. Indian officials do not mince their words when they refer to Chinese research vessels as spy ships. However, we intend to pay attention to seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin – two issues that required a consensual approach on the part of Sri Lanka. Unfortunately, irresponsible and reckless political parties here seemed to be blind to the challenges ahead.

President Dissanayake referred to one of the issues when he addressed the media, along with Premier Narendra Modi on Dec. 16, following delegation-level talks and restricted talks between the two leaders.

A statement issued by the Presidential Secretariat quoted Dissanayake as having said that he requested Prime Minister Modi’s intervention in convening early bilateral technical discussions pertaining to Sri Lanka’s claim to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) for the establishment of the outer limits of the continental shelf beyond Sri Lanka’s Exclusive Economic Zone.

Defence cooperation

An examination of the latest Indo-Lanka joint statement, and statements made by Premier Modi and President Dissanayake at the media briefing, press briefing given by Foreign Secretary Vikram Misri, and the earlier joint statement issued following the then President Ranil Wickremesinghe’s state visit to New Delhi, in late July 2023, revealed the expansion of the scope of the bilateral relations.

Defence seems to have received New Delhi’s attention in line with its overall strategy pertaining to Sri Lanka. While the joint statement declared that the two countries would explore the possibility of concluding a framework Agreement on Defence Cooperation, Premier Modi declared: President Dissanayaka and I are in full agreement that our security interests are interconnected. We have decided to quickly finalise the Security Cooperation Agreement. We have also agreed to cooperate on Hydrography.

One needs to go through the section under the sub headline ‘Strategic & Defence Cooperation’ to understand the status of the developing situation.

The Island sought the views of retired Navy Chief of Staff and one-time SLN’s Chief of Hydrographer and Joint Chief Hydrographer to the Government of Sri Lanka, Y.N. Jayarathna, regarding the latest developments.

How do you view the challenges faced by our country?

Challenges faced by Sri Lanka in dealing with India are at an all-time high, I must say. We have lived with India for 2500 years and we will continue to live with India for the next 2500 years for sure. And my opinion is that, if we need to understand one country more exclusively, it is India. Our problem has been our political masters, who, for their survival in the political jungle, have played the India card for their political survival. As long as we have this attitude among our political masters there will always be friction, but, mind you, Sri Lanka is all that India has in the neighbourhood. So this is a case of managing each other’s national interests in such a way not to create friction between us. Wisdom, Knowledge and definitely a wider 360-degree bird-eye view on matters maritime are, I would say the three most important pillars in today’s context.

Asked to explain proposed seabed mining and President Dissanayake’s request for Premier Modi’s intervention, the retired officer said that seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin were two different processes interlinked to one document; the UNCLOS (United Nations Convention on the Law of the Sea). The UNCLOS created the International Seabed Authority (ISA) and the Commission on the Limit of Continental Shelf (CLCS) to look after two different aspects of the seabed; one to regulate the mining of seabed resources and the other to regulate the demarcation limits of the seabed ownership, the expert said.

“Let me first address the seabed mining as India has requested for the licensing of the seabed mining of Afnesy Nikitin seamount, after paying the due fees as indicated in the ISA webpages, the process started. However, when the ISA observed that the claimed area is under Sri Lanka’s claim made in 2009, they stopped the process till the claim is processed at CLCS. Therefore, it will stand as it is.

Then let me focus on the CLCS process for Sri Lanka’s claim: Sri Lanka was the 43rd State to submit, in March 2009, and our claim entirely based on a provision in UNCLOS called the Statement of Understanding (SoU). Under this SoU, the limitations applicable in constraining Coastal States to limit their claims at 350 Nautical Miles as per Article 76 of UNCLOS, is not applicable. That is the basis of including the SoU in the UNCLOS by Sri Lanka’s drafters at that time in the early 80’s. This is introduced to address the inequity of the States who are going to get deprived of claiming the seabed beyond their EEZ. Now the Continental Margin claims are for seabed only as it is not granting any rights on the water column!

India made their claim also in 2009 under Article 76 of UNCLOS, keeping rights to submit another at a later date. They are making their second claim submission on SoU. Sri Lanka also reserved the right to submit the second submission, and it is entirely under Article 76 of UNCLOS.

Meanwhile, the consultations Sri Lanka was having with CLCS, since 2009, has run into an issue as some of the members of CLCS are thinking that limitations of 350 nautical miles as per Article 76 UNCLOS should apply for SoU, too. We are engaging the CLCS for that and it will take some more years to decide as UNCLOS procedures are purely technical.

Although our media and even most of our opinion makers think that India issued their Oct. 2022 Note Verbal in relation to their Seabed mining they requested for Jan. 2024, I see it differently. In 2022 India ensured that they could go for SoU without limiting distances of 350 nautical miles. If CLCS gives a decision on SoU coming under the 350 nautical miles’ limit, then India stands to lose. So, it is up to both India and Sri Lanka to campaign collectively to emphasize the spirit of SoU for the States in the Southern Bay of Bengal.

Jayarathna is of the opinion that India, went for ISA for seabed mining in Afnesy Nikitin seamount in 2024 because they feared China would submit first.

Commenting on the proposed Security Cooperation Agreement, the naval veteran said that such agreements were required but we need not accept the Indian draft. “Let’s draft it ourselves. We should not be making another Taiwan here for India. And whether India is an opportunity or opposition, it is for us to decide. India will be going the way she wants, and we need to be wiser enough to make use of it.”

Admiral RW irked

Former Navy Commander Ravindra Chandrasiri Wijegunaratne, however, bluntly asserted that India brazenly exploited the situation to its advantage. Wijegunaratne, who had served as Sri Lanka’s High Commissioner in Islamabad during Ranil Wickremesinghe’s tenure as the President, emphasized the responsibility on the part of the political leadership here to protect the country’s interests, regardless of pressure exerted by India and perhaps other interested parties in this regard.

The outspoken retired officer said that in the face of the country experiencing such unwarranted turmoil extra efforts had to be made to ensure that national interests were protected. Pointing out that the joint statement hadn’t referred to the issue raised by President Dissanayake with regard to Sri Lanka’s claim to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) for the establishment of the outer limits of the continental shelf beyond Sri Lanka’s Exclusive Economic Zone, the ex-SLN Chief emphasized that it should receive priority along with proposed seabed mining.

Admiral Wijegunaratne commended efforts made by Rear Admiral Jayarathna to educate the people by sharing his knowledge on this issue. Responding to the proposed Security Cooperation Agreement, Wijegunaratne stressed the need to examine such an agreement against the backdrop of overall developments also taking into consideration the country’s bankruptcy status and 2022 Aragalaya that the caused collapse of the elected government and change of power through other means.

Wijegunaratne didn’t hide his concerns over the rapid developments taking place, particularly in the maritime field. The reference to hydrography in the joint statement should be examined keeping in mind the absence of any mention of matters related to United Nations Convention on the Law of the Sea, the ex-Navy Chief said, urging the powers that be to be mindful of maritime matters. “Do we pay sufficient attention to developments taking place around us as powerful countries jostle to secure critical minerals,” Wijegunarathna said.

Referring to increasing competition among major global powers, Wijegunaratne said China, Russia and India were vying with each other to reach the huge deposits of mineral resources – cobalt, nickel, copper, manganese – that lie thousands of meters below the surface of oceans. These minerals are used to produce renewable energy such as solar and wind power, electric vehicles and battery technology needed to battle against climate change.

Wijegunaratne questioned the rationale in India disputing Sri Lanka’s claim to our Outer Limits of Continental Shelf Margin. Alleging that the Indian move is very unethical, the retired officer asked how they could object to our claims South of Sri Lanka. Claiming that India was going to start mining in the disputed area, Wijegunaratne said that Sri Lanka sought consensus with India regarding ratification of our claims with the UN Law of the Sea Conference. “Then we can work out modalities for deep sea mining with an agreement on sharing income.”

Political parties represented in Parliament should seek consensus among them regarding the country’s foreign policy. The NPP government seems on the track laid down by former President Wickremesinghe during his tenure. Having agreed to abide by the Economic Transformation Act that had been endorsed by Parliament during Wickremesinghe’s presidency, the government and the Opposition are expected to follow the IMF agenda.

Soon after returning from India, President Dissanayake announced plans to visit Beijing, a significant economic partner though India definitely played a far more significant role here during the 2022 economic meltdown. The visit is expected to take place in mid-January 2025.

Dissanayake faces the unenviable and daunting challenge of balancing China and India. The situation should be examined in the context of the overall US strategy meant to counter the USD 4 trillion Belt and Road Initiative (BRI) considered China’s largest and most ambitious foreign trade, investment and political project to date. With China positioned at Hambantota and Colombo ports, as well as the adjoining Colombo Port City project, their largest single project here that had been launched in 2014 whatever the consequences bankrupt Sri Lanka is part of BRI formerly called ‘One Belt and One Road’ initiative.

In a way Aragalaya was meant to change Sri Lanka’s direction. Had that really happened, the outcome is not yet very clear.