KAMALIKA  PIERIS

India, Sri Lanka and Maldives  are located in the same area of the Indian Ocean. Therefore it was necessary to  decide on the territorial boundaries  of the sea between these three countries. Maritime  boundary agreements  between India and Sri Lanka were signed in 1974 and 1976 . This was necessary to avoid conflict, in the waters particularly in Palk Strait.

The first agreement was regarding the maritime boundary in waters between Adam’s Bridge and the Palk Strait, and came into force on July 8, 1974. This demarcated the waters from Adam’s Bridge to Palk Strait. The boundaries were drawn by connecting by straight lines two terminal points and four turning points which have been plotted by the system of drawing arcs of great circles from points on the baselines of the two countries and taking the point of intersection as the required point. The baselines  followed  the low water mark of the seaward edge of the islands off the coastline.

The  1974 Agreement stated that each country shall have sovereignty and exclusive jurisdiction and control over the waters, the islands, the continental shelf and the subsoil  which falls on its side of the boundary.  Vessels of India and Sri Lanka will enjoy in each others’ waters as they have traditionally done.

The  1974 Agreement  also said that if there is any single geological or natural gas structure or field straddling across the boundary, the two countries should seek to reach an agreement on the manner in which the structure or field should be most effectively exploited and the manner in which the proceeds deriving there from shall be apportioned.

The second agreement,  which entered into force on May 10, 1976, defined the maritime boundaries in the Gulf of Mannar and the Bay of Bengal.^. This was followed by a third agreement in 1976,  between India and Sri Lanka to  extend the maritime boundary in the Gulf of Mannar. A fourth agreement  was signed in 1976. This was  an  agreement for the Determination of the tri-junction point between India, Sri Lanka and Maldives in the Gulf of Mannar

In 1977, Issues connected with boundaries with India and the Maldives, as well as with the politically sensitive matter of Sri Lanka’s sovereignty over the island of Kachchativu, were  settled by agreement.

Sri Lanka ‘s  Maritime Zones Law No.22 of 1976  provided  for  the historic waters of Sri Lanka. The Law stated that Sri Lanka exercises sovereignty, exclusive jurisdiction and control in and over the historic waters, as well as the islands and the continental shelf, and the seabed and subsoil thereof within such historic waters.

 Sri Lanka declared that the areas of sea in the Palk Strait, Palk Bay, and the Gulf of Mannar up to Kalpitiya on the Western coast, and Point Pedro on the Northern coast were the historic waters of Sri Lanka . Palk Bay had been claimed as historic waters on the basis of Sri Lanka’s use of the pearl and chank fisheries there..

The Maritime Zones Proclamation of 1977, declared that the historic waters in the Palk Bay and Palk Strait shall form part of the internal waters of Sri Lanka and that the historic waters in the Gulf of Manner shall form part of the territorial sea of Sri Lanka.   The Palk Strait which provides the entrance to Palk Bay was declared internal waters. Analysts noted that The UN Convection did not apply to   historic bays.

The UN Convention on the Law of the Sea makes provision for delimitation of the sea when states have overlapping or adjacent coasts. This is to be decided under the provisions of Article 83 of the Convention.

There are overlapping claims in the Bay of Bengal between Sri Lanka, India, Myanmar, Bangladesh and the Maldives.  In 2016, Bangladesh had objected to United Nations Commission on the Limits of the Continental Shelf (CLCS) regarding Sri Lanka’s claim of the continental shelf.Bangladesh objects to Sri Lanka rights where it overlaps with Bangladesh.  The Bengal fan is believed to have rich hydrocarbon and mineral resources. One solution is to have joint ownership ,  the other is to draw boundaries, said NOAC  

Pathfinder Foundation said that as there are other countries ahead of Sri Lanka in the ‘queue’ awaiting invitations to present their submissions to CLCS it is urgently necessary that Sri Lanka have consultations with India as joint beneficiary under the SOU, that would safeguard our (and India’s) interests. After consultation with India, Sri Lanka should also discuss with Bangladesh and Myanmar  on their claims, if any, to be entitled to the dispensation provided to Sri Lanka (and India) by the SOU..

Pathfinder recommended that  Sri Lanka take urgent action to discuss the situation first with India and thereafter with other countries aspiring to take advantage of the SOU.  Sri Lanka must alsotake urgent steps to train and equip a new generation of negotiators, who would successfully argue Sri Lanka’s case before the CLCS, when Sri Lanka is invited to present its case. (Continued)