• No final determination by UN on whether area is under SL or India

Maritime law experts have cautioned President Ranil Wickremesinghe against making unilateral decisions regarding the controversial Afanasy Nikitin Seamount (ANS), a cobalt-rich underwater mountain situated in the Central Indian Ocean, east of the Maldives and approximately 1,350 km (850 miles) from the Indian coast.

According to experts, the President is bound by the Constitution and cannot unilaterally determine Sri Lanka’s sovereign rights over the area.

The ANS gained attention last week after several local and international media reports suggested that India had also applied for approval to explore the cobalt-rich mountain. Some media reports have raised suspicions about whether President Wickremesinghe has agreed to hand over this valuable mineral resource to India.

As reported by Al Jazeera on 19 June, India has applied to the International Seabed Authority (ISA) to explore the ANS, prompted by concerns over China’s dominance in the global cobalt supply chain and the strategic importance of cobalt in electric vehicles and green energy.

The seamount falls within an area also claimed by another country, suspected to be Sri Lanka, as part of its continental shelf. Despite India’s application and payment of a fee to the ISA, its approval is on hold pending resolution of these competing territorial claims, it is reported.

Overlapping claims

Speaking to The Sunday Morning, specialist in admiralty, maritime, and shipping law and law of the sea Dr. Dan Malika Gunasekera highlighted that there had been an inquiry at the United Nations (UN) where both Sri Lanka and India had submitted their claims regarding the cobalt-rich mountain.

He emphasised that the UN was yet to make a final determination on whether Sri Lanka or India had the rightful claim to the area. Dr. Gunasekera explained that there was currently an overlap concerning the area in question.

According to him, under the UN Convention on the Law of the Sea (UNCLOS), countries are entitled to an Exclusive Economic Zone (EEZ) of 200 nautical miles, with the possibility of extending this to 350 nautical miles based on certain conditions.

However, beyond this limit, there are objections from India and other interested parties, leading to overlapping claims. He added that Sri Lanka was yet to receive a final determination from the UN regarding these claims.

“The issue is on the continental shelf. Sri Lanka has a continental shelf stretching to 200 nautical miles as per the Law of the Sea Convention. Since there are sedimentary rocks located there, Sri Lanka can go up to 350 nautical miles along the continental shelf. This can be legitimately acquired by Sri Lanka under the convention. 

“However, at present we have already lodged a claim with the UN for an extended continental shelf in this area. India, Bangladesh, Myanmar, and several other countries have objected to this claim,” he said.

Commenting on media reports raising suspicion over President Wickremesinghe’s alleged agreement with India, Dr. Gunasekera explained: “If the President agrees, as reported in the media, that would mean that we are giving up our claim with regard to this area. That is something the President cannot do under the Constitution. 

“The sovereignty and resources rest with the people of this country. It is a much more complicated situation under the Constitution of Sri Lanka. The President alone cannot decide and go ahead with it. It has to be done through some kind of referendum and by getting the people’s approval.”

Elaborating further, Dr. Gunasekera said: “Even Parliament can’t decide on this; it requires a two-thirds majority and a referendum. The matter has to be referred to the Supreme Court. The President and the Government are only the custodians of the country and cannot decide on resources; a people’s referendum is needed.”

“In my opinion, we should make it clear that no one can unilaterally decide on overlapping claims,” he stressed.

Dr. Gunasekera further noted: “Unless Sri Lanka, India, and other disputing countries come to an agreement – whereas a bilateral agreement between Sri Lanka and India would be sufficient – no country can unilaterally take or participate in acquiring the cobalt deposits. Until such an agreement is reached, no unilateral action can be taken. To come to such an agreement with India, the Sri Lankan President must act according to the Constitution.”

The ANS, located in the Central Indian Ocean Basin, stands out for its rich deposits of cobalt, nickel, manganese, and copper. This underwater mountain, formed through volcanic activity, serves as a critical habitat and hotspot for marine life. It lies within a regulatory framework established by the UNCLOS, aimed at managing deep-sea mining activities to avoid resource conflicts and protect marine ecosystems.

The ISA oversees regulations for prospecting and exploration of minerals like manganese nodules and cobalt-rich crusts, with plans for future commercial exploitation. Countries like China and Japan have secured exploration licences, marking significant milestones in deep-sea resource management.

Meanwhile, when contacted, Foreign Affairs Ministry Spokesman and Public Diplomacy Director General Niluka Kadurugamuwa said: “The ministry is in correspondence with the ISA on this issue through our Permanent Mission to the UN in New York and the process is ongoing.”

GSMB role

Against such a backdrop, Geological Survey and Mines Bureau (GSMB) Acting Director General Prof. H.M.R. Premasiri told The Sunday Morning: “The bureau doesn’t actively engage in exploring minerals, but it issues licences to interested parties based on their qualifications.”

He explained that the GSMB was not required to possess technical knowhow on deep-sea exploration as it could issue a licence to a qualified party and that therefore, Sri Lanka was able to explore minerals offshore.

Prof. Premasiri noted that the current matter had not been referred to the GSMB and therefore it was not aware of the outcome of the claims made by Sri Lanka.

The GSMB functions as the primary source of fact-based information and is able to provide geoscientific advice and professional services on either voluntary or commissioned basis to the Government, industry, academia, and the general public. 

Its operations comprise geological mapping, multi-technique integrated mineral exploration, regulation of mining activities by the issue of licences, titling of exploration and mining leases (mineral titling) and client responsive activities (mineral resource surveys, geophysical and drilling contracts), laboratory services, and dissemination of geoscience information as well as access to published and unpublished reports, maps, and other archives in its library.