Justice Minister, NARA battle before SC: Case for National Hydrographic Bill to empower Navy

NARA has reiterated that the Justice Minister is at fault and accused him of basing his conclusions on wrong assumptions. It cited the much touted claim that USD 200 mn (Rs 60 bn) could be earned annually by selling ‘maps’ (Electronic Navigation Charts/Hydrographic maps) to 35,000 foreign vessels that passed through local waters. NARA pointed out that the total number of vessels couldn’t be countered as 35,000 as some vessels passed through Sri Lankan waters on more than one occasion in a given year. “They do not have to procure ENCs or hydrographic maps each time either. These maps can be obtained for a valid period of three, six or nine months or one year,” a senior NARA spokesperson told The Island.

The official pointed out that the ill-fated container carrier X-Press Pearl that visited Colombo in January and March 2021 and was destroyed during its third voyage in May/June 2021 as a result of a fire as an example. NARA declared that the total amount of annual revenue that can be earned by selling ENCs and hydrographic maps is very much less than the Minister’s calculations, based on seriously flawed information.

By Shamindra Ferdinando

Justice Minister Dr. Wijeyadasa Rajapakshe, PC, recently lashed out at the National Aquatic Resources Research and Development Agency (NARA) over its opposition to the proposed enactment of the National Hydrographic Bill.

Making a special statement in Parliament, the former President of the Bar Association questioned the apex national institute vested with the responsibility of carrying out and coordinating research, development and management activities of aquatic resources in the country regarding its bid to thwart the new Bill.

Dr. Rajapakshe was responding on Nov 08, 2023 to NARA statement issued at a media briefing held at its head office at Crow Island, Mattakkuliya, the previous day (NARA hits back at Justice Minister, alleges Navy making bid to take over its functions, The Island, Nov 08, 2023)

Displaying a copy of The Island, the outspoken politician didn’t mince his words when he questioned the motive of NARA Scientists’ Association President Upul Liyanage, its Joint Secretary Nilupa Samarakoon and D.V.S. P. Bandara, of its Technology Transfer Division, who alleged attempts were being made by interested parties to establish another setup similar to NARA at the expense of an institution that served the country for well over two decades. Bandara is the President of the Jathika Sevaka Sangamaya (JSS, NARA). The JSS has sought UNP leader President Ranil Wickremesinghe’s immediate intervention in late January this year as it realized the move to enact a new law. Nevertheless, the Cabinet, at a meeting headed by the President, has given approval to the Justice Minister to go ahead.

NARA has since declared that it has moved the Supreme Court against the Bill. The institution expressed confidence that the country’s apex court would do justice to their petition. Deputy Speaker Ajith Rajapakse on Nov 07, 2023 announced in Parliament that Speaker Mahinda Yapa Abeywardena has received copies of three petitions filed in terms of the article 121(1) of the Constitution against the proposed National Hydrographic Bill.

Minister Rajapakshe raised the contentious issue of NARA employees pursuing an agenda beneficial to them regardless of consequences, especially to the country. Rajapakshe launched a no holds barred attack on NARA, an institution coming under the purview of Fisheries Minister Douglas Devananada, who still remains silent on the developments. Perhaps, he should state his position in Parliament. The Justice Minister emphasized that NARA, established by Parliament Act No 54 of 1981 and amended in 1996, had failed to achieve its primary objective, hence the urgent need to enact a new law.

Responding to NARA spokespersons, Minister Rajapakshe explained to the House how the proposed Bill, if enacted, could help Sri Lanka to stabilize the national economy. The Minister reiterated his original accusations against NARA and reiterated assertions pertaining to the losses suffered under the current dispensation and projected profits through the proposed Bill made at a media briefing held at his Ministry on Oct 31, 2023 (Justice Minister alleges NATA causes massive revenue losses, opposes remedial measures, The Island, Nov 1, 2023)

At the media briefing, as well as in Parliament, the Justice Minister emphasized that if the Navy is constitutionally granted an opportunity to prepare Electronic Navigation Charts (ENC) and Nautical Charts required by foreign vessels passing through Sri Lankan territorial waters, the bankrupt country could benefit immensely. The Minister estimated that as much as USD 200 mn (over Rs 60 bn) could be earned annually whereas at the moment only those who worked for NARA and their external benefactor made money – an extremely serious accusation that should be examined independently without delay. Dr. Rajapakshe asserted that NARA couldn’t be run for the benefit of its employees at the expense of the country’s national interest and economy.

In fact, Parliament should intervene in this matter especially against the backdrop of its pathetic failure to ensure transparency and accountability in the public sector and turning a blind eye to private sector corruption that finally compelled the government to admit bankruptcy. The recent suspension of the USD 2.9 bn bailout package primarily over Sri Lanka’s failure to meet revenue targets again highlighted the failure on the part of Parliament to meet its mandatory obligations.

The International Monetary Fund (IMF) in March 2023 approved a 48-month, USD 2.9 billion extended arrangement under the Extended Fund Facility (EFF) to support Sri Lanka’s economic policies and reforms.

NARA-UK agreement upgraded

State Defence Minister Pramitha Bandara Tennakoon in May, 2023 declared that the Navy would undertake the task of providing ENCs and Nautical Charts – an assignment that would strengthen the national economy. The Matale District lawmaker declared that an annual revenue of USD 200 mn could be achieved. The Minister discussed this issue on the state-run Independent Television Network (ITN) after the Cabinet-of-Ministers received the draft National Hydrographic Bill. Since then, the Cabinet has approved the Bill, now hotly contested by NARA.

Obviously Justice Minister Rajapakshe and State Defence Minister Tennakoon are on the same page as regards the high profile project. Minister Tennakoon, in his interview with ITN declared that the Navy would be entrusted with the daunting task to be completed within two years.

Both ministers are confident that the Navy can undertake the challenge. Minister Rajapakshe pointed out that the Navy, with 37 qualified personnel, could carry out the project. NARA has questioned the Navy’s competency in this regard. The Institute insists that under the current arrangement where it provided data to UK Hydrographic Office (UKHO) and which in turn sold the ENCs/Hydrographic maps, should continue.

The accusations and counter allegations and the move to enact the National Hydrographic Act should be examined taking into consideration an agreement between NARA and UKHO affiliated to the Defence Ministry there. The issues at hand seem quite complicated, and therefore need to be dealt with carefully.

Unfortunately, in a situation the country is trapped in political, economic and social chaos, the Wickremesinghe-Rajapaksa government seems incapable of addressing multiple crises. The Opposition, too, seems to be in a flux unable to cope up with rapid developments taking place. The Opposition is yet to pay attention to the continuing controversy over the alleged Navy bid to take over NARA’s functions.

Actually, the UKHO is the marine agency of the British Defence Ministry and plays a vital part in their overall strategy. On Oct. 11, 2019 during the last presidential polls campaign NARA entered into two bilateral agreements with UKHO for the production and distribution of Nautical Charts and Electronic Navigational Charts. The then NARA Chairman Eng. E.A.S.K. Edirishinghe and CEO of UKHO Rear Admiral Tim Lowe signed the agreements.

They first entered into an agreement in 2002. Dr. Rajapakshe should ask Attorney General Sanjay Rajaratnam, PC, whether NARA obtained the AG’s Department consent to sign the first agreement in 2002 and then the expanded pact in late 2019.

Professor M.J.S. Wijeyaratne succeeded Eng. Edirisinghe as NARA Chairman in early February 2022. Rear Admiral Tim Lowe was compelled to step down as the boss of the UK Defence Ministry marine agency in Sept. 2020 after the government found fault with him for exposing his Union Jack-emblazoned boxer shorts at the end of a work video call.

The British media reported how the decorated officer, who received CBE in 2017, stood up at the end of an online meeting with his colleagues to reveal his underwear. Lowe received the appointment in 2019, the year he visited Colombo to sign two bilateral agreements.

Rear Admiral Lowe was succeeded by Rear Admiral Peter Sparkes as the new Chief Executive and Accounting Officer.

The UK has sought to strengthen its bilateral relationship with Sri Lanka in the field of hydrography. After the change of government in July last year as a result of the elected president being forced to flee the country by violent protests, Rear Admiral Rhett Hatcher, the National Hydrographer and Deputy Chief Executive of UKHO and Tim Lewis the Head of partnering and engagement Middle East and Africa visited Colombo in the second week of Nov 2022. They met Rear Admiral Prasad Kariyapperuma, the joint Chief Hydrographer to the Government of Sri Lanka and Chief Hydrographer of the Sri Lanka Navy at Sri Lanka Navy Hydrographic Service. Colonel Paul Clayton, Defence Advisor to the British High commission was present on the occasion.

Developing conflict

NARA seems to be on a collision course with the Navy though they work together. The establishment of the Naval Wing of National Hydrographic Office at NARA premises in early August 2017 was meant to enhance cooperation. Inquiries made by The Island in general as well as at the NARA media briefing revealed that the civil institute resented the Navy though its only research vessel RV Samudrika is now operated by the Navy. In addition to the agreement on RV Samudrika signed in 2019, NARA’s relations with the Navy is governed by an agreement they finalized in 2016.

These agreements have enabled NARA to provide data required by UKHO. As the only ‘authority’ here recognized by UKHO, NARA is able to furnish the required data. NARA received 12 percent of the sales done by the UKHO but following the Navy involvement in the project, revenue recorded a significant increase. Although NARA’s percentage increased to 17 percent, Minister Rajapakshe is of the view that the country should make a determined effort to significantly increase its share.

There cannot be any difficulty in NARA having a cordial relationship with the Navy and cooperating fully with the government’s efforts to streamline operations, especially against the backdrop of agreements with the British Defence Ministry outfit.

It would be the responsibility of the government to bring all local stakeholders to the negotiating table and thrash out all issues at hand. The powers that be should examine the circumstances leading to NARA moving the Supreme Court against a decision taken by the government. It would be a grave mistake on the part of those in authority to allow an issue that should be rationally discussed at the Cabinet level to end up in the apex court.

The government must also take into consideration that the British marine agency is directly affiliated to its Defence Ministry and headed by a senior officer holding the rank of Rear Admiral.

In the absence of a proper dialogue among those involved in the continuing controversy, The Island inquired into the circumstances a Multi-beam echo sounder (MBES), an advanced sonar that is used to map the seabed was discarded under controversial circumstances. Towards the end of the NARA media briefing, the institute stressed that the only MBES available to the country was damaged when the RV Sayuri mounted with this equipment was caught up in the Dec 2004 tsunami. NARA declared that its efforts to repair the MBES hadn’t been successful.

However, some claimed that the MBES had been mounted on RV Samudrika, now operated by the Navy. On a request made by NARA, the expensive equipment had been removed and the allegation is that it hadn’t been used at all and subsequently discarded. The government should establish what really happened to MBES and set the record straight.

Sri Lanka acquired the 25-metre long and six-metre wide RV Samudrika during Mahinda Rajapaksa’s second term. The vessel was built in Taiwan.

The Navy Hydrographic Service in Feb 2019 declared that RV Samudrika is equipped with state-of-the-art survey equipment and technology including, MBES, Single Beam Echo Sounder systems, Sub-bottom Profiler, Side Scan Sonar, ADCP systems, DGPS system, etc. which could cater for hydrographic surveys, oceanographic surveys and scientific researches. If MBES that had been received from Germany as a grant was discarded following the Dec 2004 tsunami, there couldn’t have been similar equipment onboard RV Samudrika.

NARA has expressed fears that the proposed new law is meant to pave the way for an expanded role for India in the Ocean surveys in Sri Lankan waters. The government must act swiftly to discuss the entire gamut of issues with concerned parties here to prevent further deterioration of relations between NARA and the Navy. Of course, the overall Indian strategy pertaining to bankrupt Sri Lanka and ‘interventions’ should be examined against the backdrop of (1) Indo-Lanka bilateral engagement (2) India being a member of US-led ‘Quad’ which includes Australia and Japan (3) Sri Lanka’s growing dependence on India for financial/material support and critical assistance provided to the military and (4) the Chinese factor.

Let me remind the readers of the launch of joint hydrographic surveys by Indian and the US Navies during the Yahapalana administration (March 29, 2017 to May 12, 2017).

The Indian Navy Hydrographic Department spearheaded the survey from Colombo to Sangamankanda. This was during the then Vice Admiral Ravi Wijegunaratne’s tenure as the Commander of the Navy. Indian Naval Survey Ship INS Dharshak carried out the surveying of ‘Colombo to Sangamankanda’ and ‘Weligama Bay’ within six weeks. The surveyed area covered approximately 41,600 square kilometres (12,150 square nautical miles).

The second phase of the survey was conducted (Oct 26– Dec 19, 2017) from Colombo to Galle. This was meant to identify changes in the wake of the Dec 2004 tsunami. The third phase was conducted in 2018 covering the area between Great Basses lighthouse off Yala and Sangamankanda.

In early February 2020 the Indian Navy Hydrographic Survey Ship, INS Jamuna (J 16) was deployed off the Southwest coast. The Navy had the opportunity to participate in the survey. And for the first time a helicopter was used in support of the survey. The vessel’s helicopter was utilized during the survey – the second Indian deployment here. Sandhayak-class INS Jamuna was here for a period of two months.

In the wake of the X-Press Pearl disaster off the Colombo port in May-June 2021, Sri Lanka sought immediate Indian intervention to survey three areas off Colombo in the vicinity of the ill-fated vessel. Sri Lanka lacked the capacity to undertake such an operation. NARA’s only research vessel simply couldn’t have undertaken such an operation. The Navy and NARA also participated in this effort conducted in late June 2021in line with India’s supposed vision of Safety and Growth for All in the Region (SAGAR).

The X-Press Pearl disaster is the single worst incident of plastic marine pollution in the world. The ship caught fire off Colombo on May 20, 2021 and sank, leaking its cargo that contained 25 metric tons of nitric acid and some 50 billion plastic pellets.

India has declared that its swift intervention has showcased India’s ‘Neighbourhood First’ policy. The Indian High Commission, in a statement dated July 2, 2021 explained the operation undertaken by INS Sarvekshak. “The vessel progressed 807 miles of Side Scan Sonar survey utilizing integral sensors and two survey boats in adverse weather conditions, which could have otherwise been delayed to post monsoon in October due to rough seas. The ship’s team worked overnight to process gigabytes of data collected during the day, to meet the timelines. Post the survey, the ship identified 54 underwater debris and also one ship-wreck. The survey data would be invaluable in issuing advisories to mariners and fishermen which would later assist in the removal of debris by the Salvior to achieve safety of navigation.”

The government, without further delay, should address this issue. Let us hope no one plays politics with such a nationally important issue and a firm decision is made taking into consideration all factors. The bankrupt government cannot delay taking prompt action on revenue generation measures.

Sri Lanka Cricket is not the only issue at hand. Unfortunately, the handling of high profile SLC issues exposed the government badly that its interests weren’t definitely those dear to the public.