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Call for expert opinion on Sethusamudram project
Saturday, 9 July 2005 - 7:09 AM SL Time
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The Foreign Ministry will call a meeting of experts who have been studying the pros and cons of the Sethusamudram canal project to develop a common policy on the controversial Indian shipping project, Foreign Minister Lakshman Kadirgamar told Parliament yesterday.
Responding to a special question posed by JHU Parliamentary group leader Ven. Atureliya Ratana Thera regarding the environmental, economic and security implications of the Sethusamudram project to Sri Lanka, the minster said discussions with Indian experts would also continue.Mr. Kadirgamar said that the Indian Prime Minister had made it clear to President Chandrika Kumaratunga during her visit that India would take into account all Sri Lanka`s concerns regarding Sethusamudram and would make amendments to the project accordingly.
The Minister tabled a comprehensive reply to the Thera`s question. His tabled reply follows:
1. The GOSL has for a long time been inviting the Indian Government`s attention to the SSCP`s implications for Sri Lanka. Our concerns were conveyed at various levels. These discussions were at the level of the President of Sri Lanka and the Prime Minister of India, the Ministers of Foreign Affairs and the senior officials of the two countries, at the Indo-Sri Lanka Joint Commission and at the Foreign Secretary consultations. Since the Government of India has now chosen to implement the project on the Indian side of the Indo-Sri Lanka maritime boundary, no prior approval was sought or granted for the project. However on the part of the GOSL we have raised our concerns relating to SSCP`s likely trans-frontier impact on Sri Lanka especially in environment and livelihood areas.
2. Arising from the above diplomatic representations and consultations it was possible for Sri Lanka to reach agreement with India that in the event the Government of India going ahead with the project, they will facilitate continuing Indo-Sri Lanka consultations on this matter including at the Expert Technical Level with a view to reaching a common understanding on the environmental concerns and on addressing those concerns.
The Government of Sri Lanka has now requested the Government of India to schedule the next Expert Level Meeting to discuss these concerns and reach a common `understanding on measures to be taken to monitor and mitigate any adverse impacts`. It must be stated that when this issue was raised by the President of Sri Lanka with the Prime Minister of India, Dr. Manmohan Singh, the Prime Minister very clearly stated that environmental concerns and possible adverse implications are receiving India`s serious attention as well. He said Sri Lanka`s concerns will be fully taken into account and if necessary, required design changes would be effected to the project to address these concerns. We have to appreciate this constructive attitude and understanding shown by the Prime Minister of India. We have no doubt that the relevant Indian authorities would pursue these policies by cooperating with the Sri Lankan authorities to implement joint monitoring and mitigating measures.
3. The Ministry of Foreign Affairs itself has not conducted any surveys on environmental, aquatic or hydraulic aspects of the project but has taken the initiative to get the Cabinet approval and take action on the following :
(a) The establishment of an Inter-Ministerial Committee in September 2004 to study and monitor all aspects of the SSCP Project and its implications for Sri Lanka.
(b) To establish a task force and sub-groups under the Inter-Ministerial Committee to carry out baseline studies and other scientific work to ascertain the SSCP implications on the marine eco-system, water quality, implications of dredging and dumping over 80 million cubic metres of ocean floor material.
(c) To conduct a workshop with the assistance of the Ministry of Ports and Aviation on shipping aspects and commercial implications thereof relevant to SSCP with the participation of policy makers, industry representatives and independent experts in the field.
4. The Task Forces have carried out some preliminary studies but further in-depth studies will need more organizational work and funding as well as inputs from our Indian counterparts. A new proposal to this end will be submitted to the Cabinet in due course based on preliminary studies. The scientific issues relevant to environmental and related matters have been formally conveyed to the Indian authorities and we expect them to respond positively.
5. With regard to the reference by the Hon. Member to take possible international legal action, it must be said that at this point it is somewhat premature and remains in the realm of possibility. This is so because the Indian authorities at the highest level have indicated that they will cooperate with us and we hope they would agree to joint monitoring and assessment of any adverse implications. The Prime Minister himself had stated that India would be ready to consider even design changes if it was found that the project would have adverse environmental and other implications for Sri Lanka or India.
6. It must also be said that in any such situation as the SSCP Project, the normal course of action between friendly countries would be to consult and cooperate in order to address common concerns and trans-boundary effects. We can also use these types of projects not as a hindrance or threat to each other but as an opportunity for joint activity which could be economically beneficial to both countries. This of course has to be done without damaging the environment or jeopardizing the livelihood of the ordinary people like the fisher folk on both sides of the maritime divide.
7. The sum effect of the initiative taken by Sri Lanka is to build up a mechanism for exchange of information and jointly assessing risks through a common base of information and to work out modalities to address the concerns in a manner that can command the confidence of all stakeholders. This is based on well recognised principles of international law relating to the duty to have due regard to the rights of other States and to ensure that activities under the jurisdiction or control of a State are so conducted as not to cause damage by pollution to other States and their environment.
These obligations form the cornerstone of principles of good neighbourly and friendly relations and cooperation among States and are clearly reflected in international conventions. There are also provisions in these conventions providing for recourse to related legal fora to discuss and make determinations on such matters. Some countries have taken similar matters to these fora. This is obviously a measure of last resort in the event of failure to resolve any issue through bilateral consultations and friendly cooperation.
8. I am of course duty bound to assure the House that Sri Lanka will take all the necessary steps to safeguard the wellbeing and the interests of our people and our country. We would naturally do this in a calibrated and graduated manner opting first for a cooperative and consultative approach. At the moment we are engaged in that exercise. We will consider further action thereafter if and when necessary.
9. With regard to the impact of such a project on our economic and shipping activity it must be stated that the result of the recent workshop that was conducted jointly by the Ministry of Ports and Aviation and my Ministry was that our shipping industry feels that the Sethusamudram Project should be treated both as a challenge and an opportunity and that the complementarities generated could be exploited by our shipping industry. Their recommendation was to go ahead with the Colombo South Port development as they are confident that the Colombo Port will continue to attract a considerable amount of international shipping business.
10. Finally I must say that after prolonged and intensive consultations with our friend and neighbour India at different levels, I am pleased to report to the House that we have been able to reach a very constructive understanding with them on this issue which is reflected in the recent Joint Communique of the Indo-Sri Lanka Joint Commission which reads that `the exchange of views between the Sri Lankan and Indian experts should continue with regard to the Sethusamudram Canal Project, as agreed during the meeting between the Indian Prime Minister and the Sri Lankan President in June 2005.
Accordingly, the next meeting of experts to be held at an early date, preferably in July, will focus on environmental concerns with a view to reaching a common understanding for addressing them. The two sides further agreed to explore avenues for closer economic cooperation between the two countries in the Palk Bay area.`
11. This is quite a constructive understanding between the two countries on a very complex issue which I would say is a hotly debated project in both countries. You would have seen that a few days ago Chief Minister Jayalalithaa herself raised a number of concerns with regard to the project. A study compiled by an Expert Committee appointed by the Tamil Nadu Pollution Control Board has reportedly highlighted specific shortcomings in the National Environmental Engineering Research Institute (NEERI) Report.
So have many other Indian and Sri Lankan people, civil society organisations and independent experts. We must therefore address these in a manner commensurate with the excellent bilateral relations we have between India and Sri Lanka on the one hand and the economic and environmental interests of our countries and the peoples on the other hand. I have no reason to doubt the relevant authorities in our two countries will be able to proceed on this matter with due diligence and care.
12. The Government of Sri Lanka is committed to continue the process of consultations with the Indian Government to ensure that our concerns are addressed and any negative effects mitigated. The Gulf of Mannar and Palk Straits area is a shared biosphere for both India and Sri Lanka. Its development and protection of its sensitive marine life should be carried out jointly and together.
Should the canal be determined to pose adverse effects to Sri Lanka, the Government will explore appropriate measures and take all necessary steps to safeguard our interests.
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