The inaugural task of the Centre for the Law of the Sea of the
Pathfinder Foundation (PF), established January 2018, was to unveil a draft of a ‘Code of Conduct’ (CoC) to be observed in the Indian Ocean. The CoC was limited in scope to the extent it was intended to address issues relating to non-state actors.  While some observers welcomed the maiden attempt of the Centre, it also caused some disquiet in certain quarters.

As half a year has gone by since the draft was made public and comments were invited, this may be a good time to take stock of the situation. It is no secret that recent developments in the Indian Ocean region have taken some countries within and outside the Indian Ocean region by surprise. Those who were of the view that in the 21st century, the Indian Ocean requires more attention than before, saw merits in the effort made by a Sri Lankan think-tank commendable. Some commentators expressed the view that the strategic location of the island, the good relations maintained by the country with others big and small, and the role Colombo played in shaping the UN Convention on the Law of the Sea nearly 4 decades ago, were good enough reasons for Sri Lanka to take an initiative on this new venture.

While some observers asked for the rationale behind the terminology i.e. ‘Code of Conduct’, others wondered why a think-tank in Sri Lanka, took it upon itself to come up with a draft of a CoC?  Meanwhile, some others seem to conclude that the draft was submitted at the behest of the administration in Colombo. In fact, all these comments are justifiable. Regarding the rationale behind the name, it may be pointed out that there are two Codes of Conduct to which countries in East and West Africa had become parties, and those instruments were signed under the aegis of the International Maritime Organization (IMO), an affiliated organization to the United Nations. In fact, what is more important than the name is the substance and purpose behind proposal. However, to surmise that the draft was an effort to back the administration in Colombo is an attempt to stretch the truth.

Full report available https://cimsec.org/wp-content/uploads/2018/01/Pathfinder-Foundation-Indian-Ocean-Code-of-Conduct.pdf