Kamanthi Wickramasinghe 
“Under Annex II we (Sri Lanka) have claimed to the UN to give us an extended Continental shelf. This claim was made in 2009. The UN has gone through it and it was possible for us to get an extended Continental Shelf. However India objected to the granting of our extended Continental Shelf saying that our claim was contrary to the international law”
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Cobalt Conundrum: Is India testing disputed waters to underscore strategic pursuit?
Cobalt plays an important role in powering the green economy
- In 2009 Sri Lanka applied to extend its continental shelf beyond 200 nautical miles
- Initially, in 2010, India didn’t contest Sri Lanka’s claim before the CLCS
- India submitted an application to the ISBA to explore and exploit the Afanasy Nikitin Seamount
- Sri Lanka Foreign Ministry has raised its objections to the granting of exploration rights to India
Earlier this year, when India submitted an application to the International Seabed Authority (ISBA) to explore the cobalt-rich ferromanganese crusts located at the Afanasy Nikitin Seamount in the central Indian Ocean, it once again diverted global attention towards India and Sri Lanka. India made this move while the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) is yet to submit its recommendations on Sri Lanka’s submission to claim an extended Continental Shelf. However, amidst mounting tensions between the two allies, Sri Lanka had requested the ISBA to withhold the matter until the UNCLCS process concludes.
Claim for extended Continental Shelf
In 2009 Sri Lanka applied to extend its continental shelf beyond 200 nautical miles. Coastal nations can petition the United Nations Commission on the Limits of the Continental Shelf (CLCS), asserting that their continental shelf extends beyond this limit. The CLCS is yet to make a decision on Sri Lanka’s claim, but if approved, it would encompass the Afanasy Nikitin Seamount within Sri Lanka’s maritime boundaries. The CLCS reviews such claims from countries seeking extended continental shelf boundaries. In previous instances, Pakistan, Australia and Norway have successfully secured rights to maritime territories extending beyond 200 nautical miles from their shores.
Initially, in 2010, India didn’t contest Sri Lanka’s claim before the CLCS. However, in 2022, India changed its stance, arguing that Sri Lanka’s claim would adversely affect its interests.
Exploring the Afanasy Nikitin Seamount
In January, India approached the Jamaica-based International Seabed Authority (ISA) to seek approval for exploring the cobalt-rich Afanasy Nikitin Seamount, located in the central Indian Ocean, east of the Maldives and approximately 1,350 km (850 miles) from India’s coast.
Established in 1994, the ISA is an autonomous international organisation mandated by the United Nations Convention on the Law of the Sea to regulate economic activities on the seabed.
India reportedly submitted an application to the ISA along with a $500,000 fee, outlining its plan to conduct extensive geophysical, geological, biological, oceanographic, and environmental studies in the proposed area spanning 15 years. The Afanasy Nikitin Seamount comprises 150 blocks spread over 3,000 sq km (1,158 sq miles).
During the evaluation of India’s application, the ISA determined that the Afanasy Nikitin Seamount is entirely situated within an area claimed by another country as part of its continental shelf.
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Dr. Dan Malika Gunasekara, Maritime Law expert and Attorney-at-law |
Sri Lanka’s determinations on maritime boundaries
Annex II of the United Nations Convention on the Law of the Sea (UNCLOS) states that a country that has a certain disadvantage in its Continental Shelf such as rocks and other sedimentary rocks located the country can go further to claim it’s Continental Shelf. “Sri Lanka has that particular situation in the South Eastern coast where certain sedimentary rocks are located,” said Maritime Law expert, Attorney-at-law Dr. Dan Malika Gunasekara. “That gives us an opportunity to request for an extension of the Continental Shelf. Under Annex II we (Sri Lanka) have claimed to the UN to give us an extended Continental shelf. This claim was made in 2009. The UN has gone through it and it was possible for us to get an extended Continental Shelf. However India objected to the granting of our extended Continental Shelf saying that our claim was contrary to the international law. Thereafter the UN referred this matter to the Sri Lanka Foreign Ministry seeking a clarification on its claim for the extended Continental Shelf. But Sri Lanka hasn’t yet submitted this clarification,” said Dr. Gunasekara
The Exclusive Economic Zone (EEZ) comprises the waters and super adjacent waters lying in a territorial or coastal state. The EEZ starts at the edge of the territorial sea and extends to a breadth of 200 nautical miles measured from the baseline in the country. The extent of the territorial sea is around 12 nautical miles. Hence the actual EEZ that a coastal state can claim is 188 nautical miles. The Continental Shelf starts at the edge of the territorial sea, but along the subfile and the seabed which is again 12 nautical miles and it extends to 200 nautical miles along the seabed. Again the Continental Shelf is about 188 nautical miles. “But a state can claim for more Continental Shelf depending on the location of the Continental Shelf,” Dr. Gunasekara explained. “In certain countries the Continental Shelf consists of rocks and there’s a possibility under the Law of the Sea Convention to extend the Continental Shelf further for about 150 nautical miles. Hence it depends on the creation of the Continental Shelf. The Continental Shelf consists of three components; Continental Slope, Continental Rise and the Continental Margin which is the edge,” said Dr. Gunasekara.
He further said that a state has sovereign rights to exploit and explore minerals that fall within its Continental Shelf. “When it comes to the EEZ the coastal state has a sovereign right over living and non-living resources and jurisdictional rights to control marine pollution. If marine scientific research is to be conducted by a foreign state the permission of the coastal state is required. These are the doctrines of these maritime zones.
“The UN called for clarifications around two years ago. Beyond the Continental Shelf lies the Deep Seabed area. This area is governed by the International Seabed Authority. If the UN approves our claim that extended part will fall under our territorial sovereignty. However the ISBA hasn’t yet given that portion to Sri Lanka because the UN has to confirm it. While this matter is pending, India submitted an application to the ISBA to explore and exploit the Afanasy Nikitin Seamount. This is an area that falls under the ISBA and the Authority made an announcement regarding this application made by India, but said that this area lies within ‘another country’,” he continued.
However, after this matter stole the limelight, the Sri Lanka Foreign Ministry has referred the issue to the ISBA and raised its objections to the granting of exploration rights to India. Commenting on recent developments, Dr. Gunasekara said that ISBA isn’t taking any decision with regards to India’s request because this particular area falls within the extended Continental Shelf of Sri Lanka. “The matter has come to a standstill at present. But if we get this claim in our favour we would be able to acquire that area and if it is rich in minerals it could generate much foreign income to the country,” said Dr. Gunasekara.
An important metal
The global demand for cobalt is expected to grow fourfold by 2030, according to a white paper report from the World Economic Forum; largely thanks to widespread adoption of electric vehicles. In his comments to the Daily Mirror, United Republican Front (URF) Leader Patali Champika Ranawaka said that Sri Lanka conducted a seismic survey in 2007 to determine resources in Sri Lankan waters. “But there was a division among members in this group. Our considerations were submitted around 2020. Had we put in our considerations around 2007/2008 we would have had a stronger case. There are indeed all sorts of accusations regarding Chinese vessels conducting research activities in Sri Lankan waters. Countries such as India, USA too have shown their interests. But all these countries have a better ability to conduct seismic surveys and obtain information regarding potential resources in the seabed,” said Ranawaka.
URF Leader further said that cobalt is an important metal and that Sri Lanka shouldn’t give up on this resource. “But then again exploration is a costly affair,” Ranawaka affirmed.
He said that before exploring these resources the country should initially determine whether this Seamount falls under Sri Lanka’s sovereignty. “Then we have to conduct a proper seismic survey to determine all resources in the seabed. Exploration and other activities comes thereafter. However it’s important to verify the ownership
first,” he said.
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Patali Champika Ranawaka, United Republican Front Leader |
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“UNCLCS yet to make recommendations with regard to Sri Lanka’s submission”- MFA Following the spate of media reports in early July, Sri Lanka’s Ministry of Foreign Affairs (MFA) issued a statement to clarify the country’s stance regarding the matter. The statement explained how Sri Lanka presented its technical and scientific data and other material to the UNCLCS to establish the outer limits of the continental shelf on May 8, 2009 as per Article 76 of the UNCLOS. Sri Lanka presented its submission under the special method contained in the Statement of Understanding (SoU), in respect of States in the Southern part of the Bay of Bengal. The UNCLCS appointed a Sub commission to consider Sri Lanka’s submission in October 2016 and several rounds of discussions between the Sub commission and the Sri Lanka delegation have taken place. The UNCLCS is yet to make recommendations with regard to Sri Lanka’s submission and at present the consideration of Sri Lanka’s submission by the UNCLCS is on hold due to a request made by India to the UNCLCS regarding the area claimed by Sri Lanka. The way forward in this regard is being pursued through diplomatic channels,” the Ministry’s statement read. Referring to India’s application to the ISBA seeking approval of a plan of work for exploring the cobalt rich ferromanganese crusts located at the Afanasy Nikitin Seamount the statement said that as the area of application lies entirely within an area claimed by Sri Lanka under its continental shelf submission, Sri Lanka has brought these considerations to the attention of the ISBA and requested to withhold this matter, until final recommendations are made on Sri Lanka’s submission through the UNCLCS process. The ISBA is following applicable procedures in this regard and the matter is ongoing. At present, both matters are under process before the UNCLCS and the ISBA, which are two separate UN entities established to implement respective provisions of the UNCLOS. In his comments to the Daily Mirror, Foreign Affairs Minister Ali Sabry said that all bilateral matters need to be sorted out first. |
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“Sri Lanka can engage with external parties equally to benefit its national interests” - Dr. Senaratne In a candid interview with the Daily Mirror, Dr. Bhagya Senaratne, post doctoral fellow at the New York University Shanghai’s Centre for Global Asia said that Sri Lanka’s proximity to India might be more of a consideration in its strategic positioning that other countries might consider.
Q: Why should a country have a strong foreign policy? A country should have a foreign policy because it indicates what actions a country wants to take in its international relations. It would guide the country about its overseas interactions, and indicate to the others about its overseas interests. So a foreign policy is a guiding document for both internal and external purposes.
Sri Lanka doesn’t have a written foreign policy. Its foreign policy has shifted depending on the political party and the political leadership. Therefore, Sri Lanka’s ability to withstand external pressures would depend on how that leadership and the party manage such pressures. Having said that, one of the founding principles of Sri Lanka’s foreign policy is non-alignment. Therefore, Sri Lanka can engage with external parties be it China, India or the United States equally to benefit its national interests.
Sri Lanka’s position in the IOR is important. It’s the midway point in the Indian Ocean, so it can be an asset in ensuring the safety and security of the Indian Ocean. However, Sri Lanka’s proximity to India might be more of a consideration in its strategic positioning that other countries might consider.
It is only natural that India would want to have access to cobalt, a resource that is required in building batteries for EVs. India’s interests in the Afanasy Nikitin Seamount is an extension of India’s national interests and also a means of preventing other countries from acquiring untapped resources in the IOR.
Your comments? This area forms part of Sri Lanka’s Search and Rescue region, but not of Sri Lanka’s EEZ. So India can technically explore the area. However, India cannot do so once Sri Lanka’s claim to extend the EEZ is accepted.
Technically it shouldn’t. I don’t think any country would want others to infringe their sovereignty.
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