Unpacking the U.S. Navy's FONOP in India's EEZ
Unpacking the U.S. Navy's FONOP in India's EEZ
The U.S. Navy conducted a "Freedom of Navigation Operation" in India's "exclusive economic zone" west of the Lakshadweep Islands
Hi there, I’m Aman Thakker. Welcome to Indialogue, a newsletter analyzing the biggest policy developments in India. The aim of this newsletter is to provide you with quality analysis every week on what’s going on in India.
Just a quick note - there will be no new edition of Indialogue next week. I will send out the next edition of the newsletter on Monday, April 26. Apologies in advance, and thank you for your understanding!
Thank you very much for subscribing. My writing, and this newsletter, benefits from your feedback, so please do not hesitate to send any suggestions, critiques, or ideas to aman@amanthakker.com.
Last Week to Complete the Indialogue Readers’ Survey
Two weeks ago, to mark the completion of one year of this newsletter, I released a brief, five-question survey for readers to provide some feedback and share what you like or dislike Indialogue. Thank you to all of you who have already submitted responses - they have been very helpful to understand how Indialogue can be valuable.
Given that there is no Indialogue next week, this will be the last week that the survey will be open (you can, of course, always email me with feedback!). If you’d like to provide some feedback, please fill out the survey clicking the button below:
Unpacking the U.S. Navy's FONOP in India's EEZ
On April 7, 2021, the U.S. Navy announced that “USS John Paul Jones (DDG 53) asserted navigational rights and freedoms approximately 130 nautical miles west of the Lakshadweep Islands, inside India’s exclusive economic zone, without requesting India’s prior consent, consistent with international law.”
The move fell under a long-standing practice of the United States to conduct “Freedom of Navigation Operations” or “FONOPs,” wherein U.S. assets undertake operate in waters claimed by countries in order to demonstrate its opposition to what it deems “excessive maritime claims.” While the most prominent instances of such FONOPs have been in the South China Sea against the claims of China and other countries, the move attracted much attention in India this week.
Under international maritime law, the United Nations Convention on the Law of the Seas (UNCLOS) allows for “innocent passage,” which allows warships to pass through the territorial sea of countries without notifying or seeking permission provided it does not fire its weapons, fly its aircraft or deploy sensors.
However, when India signed and ratified the UNCLOS, it added a note stating that “the provisions of the Convention do not authorize other States to carry out in the exclusive economic zone and on the continental shelf military exercises or manoeuvres, in particular those involving the use of weapons or explosives without the consent of the coastal State.”
This interpretation was later codified into Indian domestic laws, and was repeated, nearly word for word, in the Ministry of External Affairs’ statement on the FONOP.
However, while this FONOP generated significant attraction, it is, by far, not the first time the United States has conducted FONOPs in waters claimed by India. India Today Magazine has a helpful tracker of U.S. FONOPs in India’s EEZ over the last three decades:
So why did this FONOP generate so much attention?
One possible reason is that the U.S. Navy reported this FONOP is a much different manner than it did the previous FONOPs. In prior years, FONOPs in India’s EEZ were not disclosed as they happened but rather at the end of the fiscal year in an annual report by the U.S. Department of Defense (for example, here is the Fiscal Year 2020 Freedom of Navigation Report). However, it is possible that the U.S. Navy has changed its internal process on how it reports FONOPs, and that is why it was reported in this way for the first time.
Another reason that Indian observers and analysts have focused on this FONOP is regarding the timing. Not only was the FONOP conducted at a time when the United States and India are deepening their partnership, but it came weeks after India joined the United States, Japan, and Australia for a landmark Quad leader-level summit. Moreover, it came as a U.S. official - U.S. Special Presidential Envoy for Climate John Kerry - was in country. Others also noted that then 7th Fleet has deep historical baggage in South Asia, given that the 7th Fleet was dispatched in support of Pakistan 50 years ago during the 1971 Bangladesh War.
As such, such a public challenge to India’s maritime claims was described by Indian analysts and policy experts as “an act of impropriety” and “a deliberate move.”
However, it should be noted here that the United States does undertake FONOPs against its friends and allies regularly, with Philippines, a treaty ally of the United States, being a prominent example. Moreover, U.S. experts noted that undertaking and publicizing a FONOP in India’s EEZ allows the United States to argue to China, and other countries that may challenge international maritime law, that FONOPs against friends and foes alike shows that U.S. concerns over freedom of navigation are not targeted against any one country. This, however, did not stop Indian observers from pointing out what they saw as irony in the U.S. position on freedom of navigation and international law:
What does this episode - the FONOP itself, the reaction the FONOP, and the divergences between India and the United States on UNCLOS - mean? Some have argued it’s a storm in a teacup, while others have noted how the episode can resuscitate the desire on part of some in India to remain “non-aligned” and reverse the deepening of ties between the United States of India.
The reality may actually be more nuanced. For one, we should recognize that, given the history of U.S. FONOPs in India’s EEZ, that the outrage over this most recent one is disproportionate. At the same time, this episode has brought up some real ways in which the United States and India differ on international maritime law and freedom of navigation. However, we should not lose sight of the fact that despite these divergences, India and the United States share a commitment to the values undergirding these laws and norms, and that that is central to their relationship.
The episode also highlights that, for the United States, it needs to be cognizant of how small, seemingly unimportant changes (such as how it reports and declares its FONOPs) can have an impact with an important partner with whom it actively overcoming, as has been put poetically, the “hesitations of history.” Policymakers or experts in the U.S. may argue that learning about FONOPs immediately or months later is not any different or should be not scrutinized for any larger meaning, but understanding how those decisions will be viewed in the context of the long and complicated history of U.S.-India relations will only help avoid such issues.
For India, this episode underscores that while the U.S. does conduct FONOPs most prominently against China, its FONOP against India doesn’t mean it does not distinguish between India and China. While the United States may have a desire to conduct FONOPs against allies and partners to showcase that concerns of international maritime law go beyond targeting one country, it has also recognized, and acted upon, the strategic logic of its partnership with India, be it through the nuclear agreement, through naming India as a “Major Defense Partner,” or through increasing convergence on the Indo-Pacific and the Quad.
While the divergences over U.S. FONOPs in India’s EEZ remains, the broader strategic logic will continue to persist, and it underscores the need for both countries, on this issue and other issues where there are divergences, to remain cognizant of each others priorities and sensitivities while working towards a mutual understanding.
If you would like to support Indialogue, please consider sharing the newsletter on social media using the button below!
News Roundup
India’s second wave of COVID-19 infections continues to exceed the first wave of infections:
India registered 152,879 new cases of COVID-19 in a period of 24 hours on Sunday, April 11;
This number is significantly higher than India’s first wave, when cases reached close to, but never topped, 100,000;
Maharashtra and Delhi have reintroduced restrictions on movement to limit the spread of infections, with both governments instituting night curfews and Maharashtra instituting a weekend lockdown;
At the Centre, the Government has announced a “Tika Utsav” or “vaccination festival” from April 11 to April 14 to promote eligible Indians to register for and receive their vaccinations;
India crossed an important milestone: it administered 100 million doses of the vaccine, and did so faster than any country;
However, India’s political parties, including the ruling BJP, have continued to hold political rallies with thousands of unmasked attendees, as well allowed religious gatherings to continue during the ongoing second wave;
India’s vaccination efforts, however, will receive a boost this week. The Indian government has issued an “emergency use authorization” to the Russian-made Sputnik V vaccine.
The Government of India announced new appointments regarding the top bureaucrats in the Ministry of Finance. Tarun Bajaj, who was formerly Secretary in the Department of Economic Affairs, will now serve as Revenue Secretary. Ajay Seth, who was formerly managing director of the Bangalore Metro Rail Corporation, will now serve as Economic Affairs Secretary.
Prime Minister Modi held a virtual summit with his counterpart from the Netherlands, Prime Minister Mark Rutte, on April 9, 2021. The two leaders discussed “trade and economy, water management, agriculture sector, smart cities, science & technology, healthcare and space.” They agreed to establish a “‘Strategic Partnership on Water’ to further deepen the Indo-Dutch cooperation in the water related sector.”
The Union Cabinet approved Production Linked Incentive (PLI) schemes for India’s “White Goods” (air conditioners and LED lights) industry and its solar photovoltaic modules industry. The initial financial outlay for the scheme for White Goods will be Rs. 6,238 crore ($831.7 million) over a period of five years, while the financial outlay for the scheme in solar modules will be Rs. 4,500 crore ($600 million), also for a period of five years.
India and China held a 11th meeting at the Corps Commander level to discuss the tensions in Eastern Ladakh, which have been ongoing for almost one year. The meeting is the second meeting of military leaders since the disengagement at Pangong Tso was announced earlier this year.
The International Monetary Fund upgraded its projected growth rate for India in Fiscal Year 2021-22 from the earlier projected 11.5% to 12.5%. However, this projection does not factor in the ongoing second wave of COVID-19 cases in India and any potential economic ramifications from the spike in infections.
The Ministry of Home Affairs announced that the Government of India had extended its ceasefire agreements with Naga groups - specifically, the National Socialist Council of Nagaland/NK (NSCN/NK), National Socialist Council of Nagaland/ Reformation (NSCN/R) and National Socialist Council of Nagaland/K-Khango (NSCN/K) - for a period of one year.
Stephanie Findlay from Financial Times reports that “Pakistan’s army chief has launched talks with nemesis India to secure an eventual meeting between the neighbouring countries’ prime ministers, according to three people with direct knowledge of the matter. The back-channel negotiations are being facilitated by the United Arab Emirates.”
The Ministry of Commerce and Industry notified new Copyright (Amendment) Rules, 2021, aimed at bringing the current rules in parity with all legislation regarding copyrights, ensuring digital means are utilized in the Copyright Office, and bring transparency and accountability to the payment of royalties. The complete document with the new rules is available here.
India has reportedly approved the first-ever Overseas Development Project in the strategically located Andaman & Nicobar Islands, approving a project funded by the Government of Japan with a financial outlay of Rs. 265 crore ($35.33 million or ¥4.02 billion), to improve power supply in the islands.
Three to Read
From cogent analysis to potentially big news that you should keep an eye on, here are a few commentaries and other pieces of writing that I found particularly enlightening:
Yamini Aiyar, president and chief executive of the Centre for Policy Research, argues: “History repeats itself, first as tragedy, then as farce. One year after the imposition of the world’s strictest lockdown, India is now in the grip of a second Covid-19 wave. Aided by new variants, Covid-19 is spreading rapidly as is the penchant of governments for arbitrary mini lockdowns, weekend lockdowns, full lockdowns and night curfews… Yet, consensus has been forged amongst all arms of the State to resort to familiar toolkits — coercive policy through confounding orders (from last-minute lockdowns to making masks compulsory while alone in a vehicle); opacity (critical data — vaccines and reinfection, vaccines and side effects, disease severity, lockdowns and transmission dynamics — are missing from the public domain) and blaming citizens for abandoning Covid-19 caution even as the political leadership has willingly thrown caution to the winds in pursuit of political power. The farce is now unfolding as rapidly as the second wave and its consequences will be tragic.”
Ambika Vishwanath, co-founder and director of The Kubernein Initiative, writes: “In September 2020, India’s Permanent Representative to the United Nations, Ambassador T N Trimurti said our election to the CSW was a “ringing endorsement of our commitment to promote gender equality and women’s empowerment in all our endeavours”. We must now go further to sensitise and shape global discussions around gender mainstreaming. Our gender-based foreign assistance needs to be broadened and deepened and equally matched with lower barriers to participation in politics, diplomacy, the bureaucracy, military and other spaces of decision making. In doing this, India can easily claim a new unique feminist foreign policy adding to and smartly shaping the global conversation.”
Shruti Pandalai, Fellow at The Manohar Parrikar Institute for Defence Studies and Analyses, writes: “The groundwork might be gathering momentum but countries leading the charge are aware of the challenges ahead. As China ups its stake for global leadership, the turbulent waters of the Indo-Pacific will continue to be the focal point for strategic competition… While the security logic to the Indo-Pacific was always clear, the Quad’s multi-arena capacity building attempts are a sign that the socio-economic logic to the Indo-Pacific is also being ironed out now. The Quad showed up, now it will have to deliver on its chosen mandate.”
Thanks for reading this latest edition of Indialogue. Please let me know if you have any thoughts or feedback by emailing me at aman@amanthakker.com.