By Lieutenant Commander (G) Roshan Kulatunga, Sri Lankan Navy

Introduction

The geostrategic and geopolitical importance of the Indian Ocean Region has been understood by many great maritime historians. During the Cold War the United States was the preeminent maritime power and the USSR the preeminent land power. Lack of maritime capability eventually became a losing point for the USSR where the U.S. dominated the global commons. Admiral Alfred Thayer Mahan stated the importance of sea power by highlighting six elements of geography (access to sea routes), physical conformation (ports), extent of territory, population, character of the people, and character of government. Mahan’s maritime concepts were so influential in the field of maritime studies that most of the contemporary maritime security architectures are designed around these concepts.

The 21^st century Indian Ocean receives attention from state and non-state actors. According to Robert Kaplan “The Indian Ocean unified the oceans and it connects the world from Africa to far East.” Mariners use sea lanes for transportation, and today the Indian Ocean holds some of the most important sea lines of communication in the world. There are regional and extra-regional states operating in the IO. Extra regional countries such as the U.S., China, Japan, and Russia are keen to have some presence in the IO. They are interested in projecting sea power beyond their locale to garner economic and political sustainability in the world arena, and where the IO is a major arena of competition.

The Concept of Sea Power

Establishing preeminent sea power is a key geopolitical strategy successfully implemented by great maritime empires such as England. The famous professor for international relations, Barry Buzan, names five sectors of security that are namely military, political, economic, societal, and environmental. Maritime security lies over all these five sectors of security. Maritime historians such as Admiral Mahan, Julian Corbett, and modern maritime experts such as Robert Kaplan and U.S. Navy Admiral Michael Mullen are well-recognized persons who often talk about the value of maritime power. Admiral Mullen points out that “Where the old maritime strategy focused on sea control, the new one must recognize that the economic tide of all nations rises not when the sea are controlled by one, but rather when they are made safe and free for all.”

Sea power is a larger concept than the field of maritime warfare. Humanity uses the sea for many reasons and these reasons are well-connected to each other. As historian Geoff Till puts it, the “Sea can be used as a resource, medium of transportation, medium of information and medium of dominion.” In history great civilizations founded primarily on maritime power were termed “thalassocracies,” which literally translates to “sea power.” Establishing sea power is directly helpful to strengthening a variety of national policies as it is the collective effect of the military and civil maritime capabilities of a country. Therefore, regional and extra-regional users in the IO are interested in projecting their sea power via both civil and military maritime capabilities.

Geostrategic and Geopolitical Significance of the Indian Ocean

Geopolitics has been defined as a struggle for power and national power can be evaluated in part by showing the interrelationships between geostrategic positioning, the relative economic and technological capabilities of states, international public opinion, international law and morality, international government and diplomacy, and the regional and global balance of power. Geo-strategy is required to deal with geopolitical problems and is the sum of the efforts to influence and act through these factors. With developing economies and growing energy requirements, users in the IO are struggling for power and this behavior influences the stability of the IO.

This is the container age of maritime trade. Bulk cargos are transported through chokepoints in the IO and through main ports such as Gawdar, Chabahar, Hambanthota, Colombo, Mumbai, and Chittagong. These major ports have given significance to IO nations and made them maritime influencers in their own right. There are also nearby flashpoints that can cause spillover effects in the IO with existing situations in Yemen, Somalia, and Iran. Therefore, security in this region is very important for the global economy and must be secured from Middle East turbulence. The countries in the IO are mostly in the developing stage and handling the third largest ocean in the world becomes a huge challenge for them. Therefore, extra-regional countries pay close attention to this region in an effort to influence stability.

Extra-Regional Powers in the Indian Ocean Region

There are 35 Littoral States and 12 landlocked countries, and altogether 47 counties in the Indian Ocean Rim (RIM). Apart from that, many extra regional countries such as China, U.S., Japan, and Russia are dependent on the IO and working to expand their influence. China is interested in the Maritime Silk Route (MSR), and according to Kaplan, China is expanding vertically while India expands horizontally in their maritime power projection. The U.S. sphere of interest is spreading from the Western Pacific to greater maritime Asia in the 21^st century, and recently renamed its Pacific Command to Indo-Pacific Command in recognition of the growing importance of the IO. However, there are not any notable maritime power rivalries from within IO nations themselves. Countries are well aware of security in chokepoints, sea lanes, and strategic waterways. Trade security is the major substantial security factor in their developing economies. Therefore, countries are reluctant to disturb in good order at sea.

India, the U.S., and China are main power blocks in IO and they are with the intention of extending their maritime power in pursuit of their national interest. When looking into the balance of power in IO, China seeks maritime expansionism through the South China Sea to IO. The U.S. is more allied with India in present day context than earlier times. Presidents Barack Obama in the past and Trump at present have had good maritime diplomacy with India. According to Morgenthau alliances are a necessary function of the balance of power, when nations competing with each other have three choices in order to maintain and improve their relative power positions. They can increase their own power, they can add to their own power through the power of other nations, or they can withhold the power of the other partner nations of the adversary. Small states like Sri Lanka, Maldives, and Seychelles have to be considerate of their alliances with great powers as they are players in a larger competition.   

When linking this setup into the IO, China and the U.S. are competing with each other and India is also competing with China. China has its own issues with the South China Sea and the security dilemma in Malacca Strait especially affects her. Therefore, aligning with Myanmar and Bangladesh is important to China to transport energy if any rivalry worsens. Further, they have notable interests in the ports of Habmanthota, Gwadar, and Chabahar. The U.S. on the other hand has common interests with India. India has its own maritime strategy involving relationships with the smaller states like Sri Lanka and the Maldives. The recent past visit of two Chinese submarines to port Colombo was heavily criticized by Indians as a challenge to maritime security. The evolving nature of IO alliances could be further strengthened by the construction of oil pipelines for refueling and oil transportation in deep sea ports by India and China in Chabahar in Iran and Gawadr in Pakistan, respectively.

The Chabahar and Gwadar ports are strategically important to both India and China for their maritime expansion. India along with Japan introduced the Growth Corridor, which links Africa to Asia and Far East. Sri Lanka, for example, is situated along both the SLOCs for the Growth Corridor and One Belt One Road. Therefore, smaller littoral state like Sri Lanka have to open up trade to many parties to receive the benefits from competing trade routes and economic projects.

Maritime Security Threats and Challenges in the Indian Ocean Region  

Threats and challenges to the IO maritime domain can be divided into two major areas of traditional and non-traditional security threats. Both littoral and extra-regional states have to play a vital role to prevent the maritime domain from threats and challenges.

Interstate conflicts are rarely found in this region. With the economic expansionism, countries cannot neglect the threats of piracy, illegal fishing, maritime terrorism, maritime pollution, irregular migration by sea, illegal narcotic drugs, and small arms trafficking by sea. These threats may have traditional implications for extra-regional maritime users. As an example, small numbers of Somalian pirates are able to create a perception of threat to the entire maritime trade in the IO. Countries had to utilize their resources to counter this threat in a sustained and multilateral fashion. They had to have interdependencies to face this issue without considering individual rivalries.

Illegal, unreported, and unregulated (IUU) fishing is another important issue. IUU fishing can also add economic power to actors that also perpetuate maritime terrorism, human trafficking, and illegal migration at sea. Countries like Sri Lanka, Indonesia, Bangladesh, and Myanmar are highly notable victim countries for human smuggling. Sri Lanka is considered a major source country on this issue. Suitable Maritime Domain Awareness mechanisms would be the possible solution to mitigate these threats in the IO. Diplomatic and multilateral solutions are the most viable action on this issue and again counties have to use conference diplomacy to peacefully engage in these types of challenges.

Conclusion

The IO is the third largest ocean in the world and for the balance of power extra-regional actors always wish to display their presence in this region. Therefore, geo-strategic and geo-political competitions in this region are inevitable. Regional and extra regional countries are much more concerned with China’s maritime expansionism in particular. China is especially interested in becoming a modern maritime civilization. This is evidenced by its constructions of harbors in Sri Lanka, Bangladesh, Pakistan, and Myanmar. This has generated vulnerability to their balance of power and traditional regional relationships. Due to the economic advantages they littoral are reluctant to create any rivalries. However, their own game of survival is inevitable.

Security is an important factor for a nation state. To be survivable in the international arena nation states have to concern themselves with energy and trade security. Therefore, the nation state has to give much more concern for their maritime security in a world whose globalization is being fed by the world’s oceans. IO strategic waterways have taken special attention in maritime trade. Oil trade is flowing from the Middle East to Asia and elsewhere via these IO chokepoints and sea routes. Their protection is the responsibility of all.

Lieutenant Commander Roshan Kulatunga is presently performing duties in the Sri Lanka Navy. He is a specialist in Gunnery, from INS Droanacharya, India. He earned a Diploma in Diplomacy and World Affairs at Bandaranaike International Diplomatic Training Institute, Sri Lanka. He also holds a degree in BNS (Bachelor in Naval Studies) University of Kalaniya Sri Lanka, MSc in Security & Strategic Studies, MSc in Defence and Strategic Studies in Kotelawala Defence University (KDU), Sri Lanka. His research interest includes, Maritime Domain Awareness in the Indian Ocean Region

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Featured Image: North and South Malosmadulu Atolls in the Maldives. Image taken by the Advanced Spaceborne Thermal Emission and Reflection Radiometer (ASTER) onboard NASA’s Terra satellite. Source: ASTER gallery. Courtesy of NASA Goddard Space Flight Center/Japanese Ministry of Economy, Trade and Industry/Japan Space Systems and the U.S./Japan ASTER Science Team.

By Ambassador Bernard Goonetilleke and Admiral Dr. Jayanath Colombage

The Indian Ocean

The economic, strategic, and ultimately political importance of the Indian Ocean has been recognized for centuries. Mariners from Arabia, East Asia, and the Pacific, while plying their trade, studied weather patterns in the Indian Ocean and explored and traversed it regularly, laying the foundation of the rules of orderly maritime conduct. Intrepid mariners from Europe ventured through the Indian Ocean to the furthest reaches of East Asia and the Pacific in search of spices, as well as land and treasure to be acquired for their patrons, adding to the corpus of rules and practices that would become, over time, the Law of the Sea.

Today, the countries surrounding the Indian Ocean are home to some 2.7 billion people, or some 35 percent of the world’s population. The Indian Ocean provides vital access to the powerful economies of South Asia, East, and Southeast Asia, including supplies of energy from countries of the Persian Gulf and Africa. Some 70 percent of world trade and 50 percent of crude oil reaches their destinations through the Indian Ocean. More than 80 percent of the world’s maritime trade in crude oil passes through the chokepoints of the Indian Ocean, with 40 percent passing through the Strait of Hormuz, 8 percent via the Bab el-Mandeb, and 35 percent through the Straits of Malacca. 

Sri Lanka and the Indian Ocean

Sri Lanka’s geographically central location and its proximity to the major sea routes traversing the Indian Ocean may have inspired the nation’s political leaders to be proactive in initiating, from time to time, imaginative and broadly conservationist measures to protect and preserve this Ocean’s resources, as well as their concern that peace, order, and good governance be maintained among the communities that surround it to promote their well-being.

Thus, in 1971, at the initiative of Sri Lanka’s Prime Minister Sirima Bandaranaike, later joined by the President of Tanzania, the United Nations General Assembly declared:

“The Indian Ocean, within limits to be determined together with the air space above and the ocean floor subjacent thereto … designated for all time as a Zone of Peace.” (A/RES/2832 (XXVI)

Adopted by the General Assembly at its 26^th Session by a vote of 61 in favor and none against, but with some 55 abstentions, the Declaration called on the “great Powers” (a) to halt further escalation and expansion of their “military presence” in the Indian Ocean, and (b) to remove from the Indian Ocean all fixed elements of their rivalry, such as military bases, installations and logistical supply facilities, and even warships and aircraft, to the extent that they were intended to maintain a “military presence” in the area, and were not merely in transit on their lawful occasions. Implementation of the Declaration was to be through conclusion of an international agreement that would include (1) prohibition of the use of ships and aircraft against the littoral and hinterland States of the Indian Ocean in contravention of the U.N. Charter; and (2) guarantee the right of ships and aircraft of all nations, whether military or other, “free and unimpeded” use of the Indian Ocean and its airspace in accordance with international law. Efforts to implement the Declaration by its proponents supported by the Non-Aligned Group and some other States continued within the U.N. General Assembly until by the close of the Twentieth Century. Since then, such efforts seemed to have lost all momentum.

While the “great power rivalry” that caused concern in the 1970s might have receded, new developments of concern and the prevalence of illegal and criminal activity in the Indian Ocean moved President Maithripala Sirisena, when addressing the States of the Indian Ocean Rim at the Group’s Twentieth Anniversary Meeting in Jakarta in March 2017, to call on them to work out a stable legal framework that would put an end to trafficking of illicit drugs and other criminal activity in the Indian Ocean, while maintaining freedom of navigation in accordance with international law.

In February 2017, Prime Minister Ranil Wickremesinghe, in an address at Deakin University in Australia, expressed concern that the post-Cold War multi-polar world had brought about “A massive transition of economic and military power to Asia within the Indian Ocean and the Pacific” and he concluded that, “the global political order, which produced the United Nations Convention on the Law of the Sea, is radically different from the current global dynamics…” He warned that “current agreement ambiguities could generate global economic disruption,” and said “The ideal solution for the Indian Ocean is for all parties to agree on a code of conduct for military vessels traversing the Indian Ocean” and that “the Code on the Freedom of Navigation in the Indian Ocean must include an effective and realistic mechanism on dispute resolution…” He concluded saying “any agreement, also needed to recognize the escalation in human smuggling, illicit drug trafficking and the relatively new phenomenon of maritime terrorism.”

The need to keep the vital sea lanes open for all and to maintain peace and stability in the Indian Ocean Region, and ensure the right of all states to the freedom of navigation and overflight, was expressed by Prime Minister Wickremesinghe once again at the 2^nd Indian Ocean Conference held in Colombo in September 2017.

Meanwhile, at the same event, the Indian External Affairs Minister Sushma Swaraj said “The Indian Ocean is prone to non-traditional security threats like piracy, smuggling, maritime terrorism, illegal fishing, and trafficking of humans and narcotics. We realize that to effectively combat transnational security challenges across the Indian Ocean, including those posed by non-state actors, it is important to develop a security architecture that strengthens the culture of cooperation and collective action.” 

While waiting for further developments in the South China Sea negotiations between the ASEAN and China, as well as negotiations between the U.S and China relating to safety in the air and maritime encounters that could serve as inspiration to the 21 States currently members of IORA, the Pathfinder Foundation offers herewith a preliminary draft of a Code of Conduct aimed at organizing cooperative efforts to take action to meet security challenges in the Indian Ocean, including those posed by non-state actors. The draft which, where appropriate, follows the structure of Codes of Conduct designed for East Africa (Djibouti Code of Conduct) and West Africa (Yaoundé Code of Conduct) concluded under the auspices of IMO, is offered for review and comment.

View the draft Code of Conduct below or download here. Please submit your input and recommendations to indolankainitiatives@mmblgroup.com.

A “Code of Conduct,” as commonly conceived, is not a legally binding document, but would prescribe rules to be observed in organizing cooperation in the pursuit of a common set of objectives. It should be noted that, in contrast, the U.N. Convention on the Law of the Sea which is legally binding on States Parties to it, include the States participating in the Indian Ocean Rim Association (IORA). The Pathfinder Foundation commenced the New Year by inaugurating its Centre for the Law of the Sea (CLS) in Colombo, Sri Lanka. The draft Code of Conduct for the Indian Ocean was created to assist consideration of the idea by the 21 littoral States members of the ‘Indian Ocean Rim Association’ (IORA).

Through an inclusive process and cooperative engagement, a Code of Conduct may be devised and disseminated to further enhance peace and prosperity in the Indian Ocean. 

A graduate in History and post graduate in International Relations (The Hague), Bernard Goonetilleke spent nearly four decades as an officer of the Sri Lanka Foreign Service.  He took over the post of chairmanship of Sri Lanka Institute of Tourism and Hotel Management (SLITHM) in August 2008 and later appointed as Chairman of Sri Lanka Tourism Development Authority (SLTDA) and Sri Lanka Tourism Promotion Bureau (SLTPB) with effect from November and December 2008, respectively until February 2010. His career as a Foreign Service officer began in 1970 and has included postings to Sri Lanka diplomatic missions in Kuala Lumpur, New York, Bangkok, Washington D.C., Geneva and Beijing. He held several positions in the Ministry of Foreign Affairs including Director General (Multilateral Affairs) (1997-2000) and ending as Secretary, Ministry of Foreign Affairs (2003-2004). During his career, he served as Permanent Representative of Sri Lanka to the UN in Geneva (1992-1997), during which period he was concurrently accredited to the Holy See and as Permanent Representative of Sri Lanka to the United Nations in Vienna.  Later he served as Sri Lanka’s Ambassador to the People’s Republic of China (2000-2003), during which assignment he was concurrently accredited as Ambassador to the People’s Republic of Mongolia and the Democratic People’s Republic of Korea.  He also served as Acting Permanent Representative of Sri Lanka to the UN in New York (2004-2005) and ended his diplomatic career as Ambassador to the United States of America (2005-2008). Following the signing of the Ceasefire Agreement between the Government and the LTTE in 2002, he headed the Secretariat as Director General of the Secretariat for Coordinating the Peace Process (SCOPP) and functioned as one of the four members of the government negotiating team. Mr. Goonetilleke functions as Chairperson of the Pathfinder Foundation since 2010.

Admiral (Dr.) Jayanath Colombage is a former chief of Sri Lanka navy who retired after an active service of 37 years as a four-star Admiral. He is a highly decorated officer for gallantry and distinguished service. He is a graduate of Defence Services Staff College in India and Royal College of Defence Studies, UK. He holds a PhD from General Sir John Kotelawala Defence University. He also holds MSc on defence and strategic studies from Madras university and MA on International Studies from Kings college, London. He is a visiting lecturer at the University of Colombo, Defence Services Command and Staff college (Sri Lanka), Kotelawala Defence University, Bandaranaike Center for International Studies and Bandaranaike International Diplomatic Training Institute. He was the former Chairman of Sri Lanka Shipping Corporation and an adviser to the President of Sri Lanka on maritime affairs. He is a Fellow of Nautical Institute, London UK. Admiral Colombage is currently the Director of the Centre for Indo- Lanka Initiatives of the Pathfinder Foundation. He is also a member of the Advisory council of the ‘Institute of National Security Studies Sri Lanka.’ And a Guest Professor at Sichuan University in China.

Featured Image: 1941 map of Indian Ocean (National Geographic)