International waterways must remain safe and unimpeded: S. Jaishankar
At the 21st East Asia Summit (EAS) in Manila, India stated that international waterways must remain safe and unimpeded, in accordance with international law, and that attacks on seafarers, civilian shipping, or maritime infrastructure cannot be countenanced under any circumstances
The statement came against the backdrop of continued attacks on shipping and seafarers in West Asia following the escalation of hostilities after joint military action against Iran in early 2026, in which several Indian nationals have died
India announced that 2026 will be observed as the ASEAN-India Year of Maritime Cooperation, and reiterated its commitment to a free, open, and inclusive Indo-Pacific and to ASEAN centrality in regional architecture
Separately, at the associated ASEAN Regional Forum (ARF) meeting, India's Ministry of External Affairs rejected as "baseless and unwarranted" remarks made by Pakistan's deputy prime minister on Kashmir and the Indus Waters Treaty, reiterating that Jammu & Kashmir and Ladakh are integral and inalienable parts of India and that Pakistan has no locus standi on the matter
India also reaffirmed that the Indus Waters Treaty remains in abeyance, a position it has held since the Pahalgam terror attack in April 2025, until Pakistan credibly and irrevocably ends its support for cross-border terrorism
East Asia Summit (EAS) and ASEAN-Centred Regional Architecture
The East Asia Summit is a premier ASEAN-led leaders' forum for strategic dialogue on political, security, and economic issues in the Indo-Pacific, first held in Kuala Lumpur in 2005. India has been a founding member since its inception. The EAS operates on principles of openness, inclusiveness, and respect for international law, with ASEAN centrality as its organizing principle, and is distinct from the ASEAN Regional Forum (ARF), an older, broader security-dialogue mechanism.
Key Details
- EAS founded in 2005; first summit held in Kuala Lumpur, Malaysia (December 2005); India a founding member
- Current EAS membership: 18 countries — the 10 ASEAN states plus 8 dialogue partners (India, China, Japan, South Korea, Australia, New Zealand, Russia, and the United States)
- ARF, in contrast, was established in 1994 and has a larger, more security-focused membership of 27 participants, including the EU
- India's EAS/ARF engagement in 2026 covered the South China Sea, Myanmar, and maritime security, alongside the announcement of 2026 as the ASEAN-India Year of Maritime Cooperation
The freedom-of-navigation statement was delivered specifically at the EAS, the forum India has used since 2005 to project its Indo-Pacific and maritime-security positions within an ASEAN-centred framework.
UNCLOS and the Principle of Freedom of Navigation
The United Nations Convention on the Law of the Sea (UNCLOS), 1982, is the foundational international treaty governing maritime zones and navigation rights, including the high seas freedom of navigation and the right of innocent passage through territorial waters. India ratified UNCLOS in 1995. Attacks on civilian shipping and seafarers, as seen in recent West Asia tensions, directly implicate this legal framework, since UNCLOS obliges states to respect safe passage and imposes obligations regarding piracy and unlawful acts against ships.
Key Details
- UNCLOS adopted in 1982 (in force from 1994); often called the "constitution for the oceans"
- India ratified UNCLOS in 1995 and maintains an Exclusive Economic Zone (EEZ) extending 200 nautical miles from its baseline
- UNCLOS distinguishes territorial sea (12 nm, full sovereignty subject to innocent passage), contiguous zone (24 nm), and EEZ (200 nm, resource rights)
- Separately, the 1988 SUA Convention (Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation) specifically criminalizes attacks on ships and crew
India's statement that international waterways must remain "safe and unimpeded... fully in consonance with international law" is a direct invocation of UNCLOS-based freedom-of-navigation norms in response to attacks on shipping in West Asian waters.
Indus Waters Treaty, 1960 — Provisions and Its Current Abeyance
The Indus Waters Treaty is a 1960 water-sharing agreement between India and Pakistan, brokered by the World Bank, allocating the three western rivers (Indus, Jhelum, Chenab) primarily to Pakistan and the three eastern rivers (Ravi, Beas, Sutlej) to India, while permitting specified uses by each side on the other's rivers. In April 2025, India placed the treaty in abeyance following a terror attack in Pahalgam, Jammu & Kashmir, that killed civilians, holding that the treaty will remain suspended until Pakistan credibly and irrevocably ends its support for cross-border terrorism.
Key Details
- Signed September 19, 1960; brokered by the World Bank, which continues to play a facilitative role in disputes
- Western rivers (Indus, Jhelum, Chenab) allocated to Pakistan; eastern rivers (Ravi, Beas, Sutlej) allocated to India
- Placed in abeyance by India from April 2025, following the Pahalgam terror attack (April 22, 2025) that killed at least 26 civilians
- The Jammu and Kashmir Reorganisation Act, 2019 restructured the former state into two Union Territories — Jammu & Kashmir and Ladakh
India's Ministry of External Affairs reiterated at the ARF that the treaty remains in abeyance and rejected Pakistan's references to it as an attempt to internationalize a bilateral matter linked to terrorism, consistent with India's position since April 2025.
- East Asia Summit: founded 2005, 18 members (10 ASEAN states + 8 dialogue partners); India a founding member
- ASEAN Regional Forum: founded 1994, 27 participants (broader security dialogue than EAS)
- 2026 declared the ASEAN-India Year of Maritime Cooperation
- UNCLOS: adopted 1982, in force 1994; India ratified 1995; EEZ extends 200 nautical miles
- Indus Waters Treaty: signed September 19, 1960; in abeyance since April 2025 (post-Pahalgam attack)
- Reported Indian civilian/seafarer deaths in West Asia since escalation following action against Iran (from February 28, 2026): 14