Establishing rights over the EEG

Enayet RasulbrBangladesh ratified the UNCLOS treaty which is so vital for it on 27 July, 2001. Under its terms, ratifying nations doing so must submit formal claims to the United Nations (UN) within ten years from ratification. Therefore, Bangladesh must do so before 27 July, 2011 which is not a far away date. Meanwhile, eight years have passed since ratification of this treaty by Bangladesh. But hardly appropriate activities were noted in this country to prepare adequately documents and claim materials for submitting to the UN as required under UNCLOS. Things in this sphere are being addressed in the same lackadaisical manner which is the characteristic behaviour of the very tedious and unresponsive bureaucracy in this country including its foreign ministry. brBut the country cannot afford such lethargy in this extremely important area involving practically the sustenance of this overpopulated nation in the long run. Its land based resources are already spread too thin for consumption by its huge population. Therefore, it would be a loss of very great proportions if it fails to secure its rights to resources in the adjoining Bay of Bengal.brLaying formal claims under UNCLOS calls for complicated and extensive hydrographic surveys, mapping and other steps. Bangladesh has hardly started taking these initiatives when its neighbours-India and Myanmar-completed such procedures long ago and submitted their own formal claims for their EEZs in the Bay of Bengal. Not only that, the two countries have laid claims to large areas of what should be Bangladesh's EEZ in these circumstances when Bangladesh has neither submitted its formal claims for its EEZ and appears to be going nowhere in engaging its neighbours in productive and fruitful discussions to demarcate the maritime boundary to the satisfaction of the three countries particularly that of Bangladesh. India and Myanmar are already in the process of actively exploring for energy in the areas that would be seen as belonging to Bangladesh under any formal claim for EEZ.brIt is a wonder that the Malthusian predictions of the consequences of overpopulation have not yet fully gripped Bangladesh. But their happening cannot be precluded in the longer term if the country is not able to find new resources or new living room for its growing population. Bangladesh has land frontiers on three sides with the only exception being in the south where it borders on the Bay of Bengal. The UNCLOS, thus, is the only hope for countries like Bangladesh for physically expanding or making claim to various resources to expect some balance between their population, living space and resource needs in the future. Under the UNCLOS, the signatories to the convention can claim up to 350 nautical miles from their territorial waters as their EEG. But worries were there long ago whether Bangladesh, as a signatory to the UNCLOS, would ultimately be able to even make a claim for the EEG in time let alone actually establish rightful control over such an EEG which is absolutely related to its longer term economic security.brThere is no more striking example of the suicidal sloth in the realm of policy planning and implementation than the one involving demarcation of the country's EEG. This vital task on which depends so much the country's future has been neglected and compromised most unpardonably. The UNCLOS required the fastest laying of claims by countries bordering on oceans. It is incredible but a fact that since the 19 years that Bangladesh signed its adherence to the UNCLOS, no move has been taken to determine the size of its EEG and lay claim to it on the basis of proper surveys. Reportedly, our foreign ministry embarked on an eleventh hour desktop study last year to prepare only a database for claiming the EEG whereas the vital requirements are a preliminary survey followed immediately by an extensive hydrographic survey. The resources for carrying out such surveys are substantial but nothing that the country cannot put up or sacrifice considering what is at stake.brIndia and Myanmar have already laid claims over large areas of the EEG likely to be claimed by Bangladesh. In the absence of a former claim over the EEG by Bangladesh, these countries are having a head start in not only saying that they are the sovereign owners of these areas but in some cases, South Talpatty island, for instance, they are actually exercising rights as occupiers. Occupation itself is an advantage for the occupier and the claimant faces the double hurdles of legally establishing rights to a territory after its occupation and then taking physical steps to dislodge the occupier. Bangladesh government has allowed the country to be in this difficult situation by its inexcusable foot dragging in respect of an issue of very great significance for the country.brBangladesh's course now can be no other than going all-out to control further damages by fastest conclusion of adequate surveys and at least completing the procedures of submitting its claims to the UN under the UNCLOS at the soonest. Simultaneously, it should aim to achieve some dynamism in pushing through talks with its neighbours on demarcating its sea boundaries. A strong initiative must be made and sustained by Bangladesh in this matter.