Sri Lanka has been trying to review and relaunch a new Standard Operating Procedure (SOP) to vet foreign warships, aircraft, and Marine Scientific Research (MSR) ships, which remains unannounced and delayed in putting into practice, nearly four months after it got Cabinet approval in June. The silence from the State regarding why there is a delay and when the SOP will be launched indicates that the key stakeholders are awaiting a nod from the President, to move ahead. Nevertheless, the delay of the SOP being put into action, is troubling.

President Wickremesinghe responding to a question stated at the third Annual Indo-Pacific Islands Dialogue organised by the Carnegie Endowment for International Peace in New York, recently stated that Sri Lanka had shared the draft SOP with India and discussed concerns with the regional power. It is learnt that Sri Lanka did consult several other states about the SOP as well. Let us hope that the decision making via the SOP is not shared with other countries as well. Sri Lanka is well within its sovereign rights, under the Law of the Sea to approve, regulate or deny the survey of its territorial waters, and can dictate which foreign warships, aircrafts and unmanned systems can use port facilities in Sri Lanka.    

Sri Lanka’s SOP and how it is used is important to maintain Sovereign Control of our maritime and air domains, and should not be taken lightly. While the economic and geopolitical landscape Sri Lanka faces at present may be bleak due to the economic crisis, Sri Lanka can ill afford to barter sovereign control of the territories, seas and airspace. Sri Lanka must be able to uphold her rights and sovereign control of territory. While the new SOP, which The Daily Morning learns is more robust and up-to-date that the previous version of 2016 remains elusive, concern grows about the visit of the Chinese MSR Shi Yan – 6 as it is unlikely that the vessel will have to abide by the SOP if it is not in effect. Since the review of the existing SOP was triggered by responses to the visit of Chinese Satellite Tracking Vessel Yuan Wang 5 in 2022, one would think that Sri Lanka would have wanted the SOP in place when the next controversial vessel called port. The Shi Yan 6 had commenced its 80-day expedition into the Indian Ocean last month.

According to the Ministry of Foreign Affairs, as of yesterday (18), Sri Lanka had not yet finalised the dates and territories the Shi Yan 6 was expected to jointly survey with Sri Lankan marine authorities, the National Aquatic Resources Research and Development Agency (NARA). As such, permission has not yet been granted to the vessel to call in to the  Colombo port or to survey in Sri Lanka’s waters and its Exclusive Economic Zone (EEZ). The Minister of Foreign Affairs recently said during a television talk show that Sri Lanka has requested China to reschedule the ship’s visit to November. It is learnt that the Chinese are steadfast on seeking an earlier date of arrival and permission to carry out the joint survey. However, with President Wickremesinghe in China for the One-Belt-One-Road Conference, the matter of the Shi Yan 6 would likely be discussed between Wickremesinghe and senior Chinese officials in Beijing. The Shi Yan 6  will likely be given permission to call port in Sri Lanka next month, for replenishment, sources close to the matter said. However, it seems that giving the green light for the joint survey, if it does happen, will come from the Executive.

Regardless who makes the final call, Sri Lanka should expedite putting into effect the new SOP, and begin to steadfastly effect sovereign control in line with the United Nations Convention on the Law of the Sea (UNCLOS) which was adopted in 1982. Sri Lanka should learn from the mistakes of others, like that of countries which have territorial claims in the South China Sea, where China has not been playing by the “rules-based-order”. Given the recent violations of “rules-based-order” during the Israel – Hamas conflict, and the collective silence of the west when one of their allies and partner’s misbehave, Sri Lanka should encourage other smaller states to forge a like-minded approach to face geopolitical pressures, and assert her sovereign control over Sri Lankan maritime and air domains.