Sri Lanka often trumpets our strategic location in the Indian Ocean as one of the island’s main advantages. However, as islanders, Sri Lankans have been lethargic about the massive ocean domain, with policy formulation and implementation regarding ocean affairs, often given a low priority by the Polity and the general public. This lack of affinity with the ocean around the island has long placed Sri Lanka at a disadvantageous position and cost the island vital opportunities for growth and agency in the global maritime sphere. Nevertheless, our Nation can ill-afford to miss out on current and future maritime opportunities, nor try to face upcoming challenges from the oceans in isolation.

Almost two decades in the making, an international agreement to protect and sustainably use marine life in international waters and the international seabed came into force last Saturday (17), marking a major step forward in efforts to ensure the health of ocean ecosystems for decades to come. The BBNJ, more specifically the ‘Biological diversity of areas Beyond National Jurisdiction’, is an agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine resources. Sri Lanka signed the agreement on 20 February 2025 and presented the instrument of ratification in September of last year, becoming one of the first nations to ratify the international legislation.

While it is commendable that Sri Lanka moved quickly to adopt and ratify the BBNJ, the island must move quickly to craft enabling domestic legislation regarding the law, and engage with regional and global forums to face the challenges which it will bring and to make the most of what is in Sri Lanka’s national interest. The BBNJ will impact the ‘high seas’ region beyond the 200 nautical miles exclusive economic zone (EEZ) and will likely impact Sri Lanka’s existing claim for the continental shelf under the UNCLOS provisions. It is learnt the Sri Lankan Government had initiated a stakeholder consultation and awareness programme about the BBNJ legislation last year, as the first step in crafting and enabling domestic legislation. This process is reportedly supported by the UN, the Commonwealth, the UK, Australia and France. 

Many Sri Lankan fishermen travel to the high seas to fish, and Sri Lanka would stand to be affected if the BBNJ subjects new Marine Protected Areas (MPAs) and Area Based Management (ABM) as part of the agreement. This includes the high seas in the Arabian Sea, the South Indian Ocean and the Bay of Bengal region. To prevent conflict with possible MPA’s and ABM’s, Sri Lanka needs to quickly build awareness among its fisheries and nautical communities about the new legislation. Further, since Sri Lanka’s Vessel Monitoring System (VMS) already tracks our fishing vessels, and this mechanism is regionally and globally accepted as a comprehensive and credible one, we need to expand its diplomatic, Naval and fishery networking with island States like Seychelles, Madagascar and regional organisations like the North Indian Ocean Tuna Commission and western Indian Ocean collaborations to secure Sri Lanka’s national interest.

Meanwhile, the pressures on the high seas are increasing, especially with the global drive for resources descending to the ocean floor in search of rare earth metals, which are now seen as drivers of the tech industry. At the recent third UN Oceans Conference (UNOC3) held in Nice, France, last year, there was a collective call for a precautionary pause of deep-sea mining. Many countries, academia, and activities called for this pause as we don’t know the impact of deep-sea mining. The call has been to pause the process of deep-sea mining and carry out research into how such mining impacts marine biodiversity and ecosystems, and then with better understanding and better regulatory frameworks for the sustainable exploitation of the seabed. As such, Sri Lanka cannot afford to ‘miss the boat’ on the BBNJ. As an island, Sri Lanka must quickly identify our interests, prioritise them, and begin engaging in the international arena to secure our future as we use the oceans in a sustainable manner.