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SLMM rules Navy action is right
The Sri Lanka Navy has not violated the ceasefire by intercepting the LTTE tanker which it sank in the north-eastern deep seas on June 14. Pointing out that the Navy had the right to inspect the tanker under the UN Law of the Sea Convention, the SLMM has ruled that the LTTE had violated the same UN Convention. This was by not flying an appropriate flag and having visible identification.

The SLMM ruling, officially announced yesterday, puts paid to accusations by unidentified United National Front government Cabinet Ministers that by intercepting and sinking the LTTE vessel, the Sri Lanka Navy had in fact sabotaged the peace talks. State run Rupavahini, Independent Television Network and print media were at the forefront of a campaign to accuse the Navy of treasonable conduct after this incident. The SLMM, in its ruling has not only declared that the Navy did not violate the ceasefire but also endorsed its action.

This is the full text of the SLMM ruling: Since neither party informed the SLMM in due time about the incident SLMM was not in a position to monitor the event and the possibility to prevent the escalation was missed.

The fate of the crew of the tanker is unknown to SLMM. SLMM has found no evidence that the crew was captured by SLN. According to the United Nations Convention on the Law of the Sea of 10th December, 1982 SLN had the right to inspect the LTTE tanker. Hence, SLMM does not consider that SLN violated the CFA by intercepting the LTTE tanker.

SLMM concludes that LTTE violated the United Nations Convention on the Law of the Sea of 10th December, 1982 by not flying an appropriate flag and having official, visible identification.

The SLMM has recommended that Naval vessels with electronic log should save the data recorded during an incident and not erase the data before it has been examined by SLMM. SLMM also recommends that all logged information should be saved and made available for SLMM. Furthermore SLMM suggests that GOSL and the LTTE should as soon as possible reach an agreement on measures to prevent clashes at sea as earlier proposed by SLMM.

"SLN and LTTE should inform SLMM immediately when there are indications of a possible confrontation. LTTE should instruct its merchant sailors to adhere to United Nations Convention on the Law of the Sea of 10th Dec., 1982," are the final recommendations made by SLMM in the Report.

The general comments the SLMM has noted impartial enquiry is one of SLMM main principles. Furthermore, it is imperative that conclusions and determinations are based on facts verified by SLMM monitor/-s and/or non-contradictory information given by the Parties and/or eyewitnesses. It must be stressed that in this particular incident there were no impartial eyewitnesses on the scene when the incident took place.

According to The United Nations Convention on the Law of the Sea "the international waters" (High Seas) "are all the parts of the sea that are not included in the Exclusive Economic Zone (EEZ), in the territorial sea…,". According to the Convention the EEZ shall not extend beyond 200 nautical miles. "If the incident took place 266 NM offshore Sri Lanka like the LTTE claims then the provisions of the Part VII of the Convention applies ("High Seas", international waters)," is a direct quote from SLMM's report, that was handed over to the Parties yesterday, June 27th.

Lt Col Seliyan stated, when interviewed the LTTE vessel was flying two flags. According to UN Convention on the Law of the Sea a ship can only sail under a flag of a state.

SLMM also comments on the right to inspect vessels without nationality and says that in this particular incident "the SLN most probably had a right to inspect the tanker because the tanker was without nationality. There is no impartial observation of the incident, and no evidence of what exactly happened at the scene."

The Ceasefire Agreement (CFA) article 1.2 states "Neither Party shall engage in any offensive military operation… such acts as offensive naval operations (1.2 c) and furthermore according to the CFA 1.3 "The Sri Lankan Armed Forces shall continue to perform their legitimate task of safeguarding the sovereignty and territorial integrity of Sri Lanka without engaging in offensive operations against the LTTE".

"The SLN has the authority to perform its legitimate tasks at sea according to Sri Lankan laws, CFA and UN Convention on the Law of the Sea," is a direct quote from the report.

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