Lecture by VAdm Pradeep Chauhan (Retd), DG NMF
“Freedom of Navigation Operations (FONOPS): Myths and Realities”
The maritime world awoke to a relatively unheralded facet of marine operations when newspapers carried the story of the American destroyer, USS John Paul Jones, which forayed into the Arabian Sea and passed about 130 nm from the Lakshadweep Islands on the 7th of April 2021. A lot of concern was expressed all around, but the US Navy blandly stated that they were carrying out ‘Freedom of Navigation Operations (FONOPS)’, and were not violating any international laws. We at the IMF felt that this could be an interesting subject to discuss, and be pondered on by the maritime community. Consequently, for our second lecture, we decided to invite Vice Admiral Pradeep Chauhan AVSM & Bar, VSM (Retd.), the Director-General of the National Maritime Foundation (NMF) to speak on “Freedom of Navigation Operations (FONOPS): Myths and Realities”. The Admiral graciously accepted our invitation and also suggested that this could be the first of the NMF-IMF Engagement Series of joint events. Admiral Chauhan began his talk by explaining the National Maritime Policy, based on two pillars, namely, the Blue Economy and Holistic Maritime Security, and the Legal Framework required to support these pillars. He felt that it was necessary to understand the difference between the terms MARITIME LIMITS and MARITIME BOUNDARIES, for which it was essential to clearly define the concept of DELIMITATION-DELINEATION-DEMARCATION. With the various definitions explained and the necessary background prepared, the Admiral approached the main subject- Freedom of Navigation.
Again, it was essential to distinguish between the Freedom of Navigation in the EEZ and Freedom of Navigation on the high seas. The Admiral lucidly explained the extent of Freedom of Navigation and the restrictions in each maritime zone – the Territorial waters, the Contiguous Zone, the EEZ, the extended EEZ, and the High Seas, in the context of the ‘Right of Innocent Passage’. He brought out that India’s claims on various maritime zones have not gone unchallenged. India’s notification on NAVAREA 1998 requiring prior notice from vessels before entering India’s EEZ with certain dangerous cargoes on board is an example. The current problem began with the transit of the USS John Paul Jones through India’s EEZ on April 7, 2021, approximately 130 nm from Lakshadweep Islands, without requesting India’s prior consent. A minor diplomatic row erupted. The Admiral made a very interesting observation on this incident and its aftermath: The propensity of the US to periodically shoot itself in the foot, completely unexpectedly, and completely unnecessarily is really quite remarkable. He explained the USA’s Freedom of Navigation Programme and added that India was not the only friendly country to be targeted by the US. Other allies such as Japan, South Korea et al have been similarly targeted. The US relationship with the country concerned does not appear to be a consideration in this matter. India has enclosed all of Lakshadweep islands within its baseline although an important International Sea Lane passes through it, making it a debatable proposition. An interesting and animated Q/A session followed the lecture.