Inconclusive talks with Myanmar
Thursday, 20 November 2008
The talks between the delegation from Myanmar and their Bangladesh hosts to discuss the demarcation of the maritime boundary between the two countries, ended rather fruitlessly in Dhaka on Monday. The Myanmar delegation was led by a Deputy Minister and he was delegated powers to reach understanding with Bangladesh on the basic method to be adopted for demarcating the sea boundary. But it appears that the two sides only met to uselessly reiterate the diametrically opposite stance of each other that crystallized in previous such meetings.
Bangladesh wants the demarcation on the basis of the principle of 'equity' whereas Myanmar is for the 'equidistant' method. The latest meeting in Dhaka could be counted as productive if the two sides came even nearer to a reconciliation on the issue of demarcation. That they did not but decided to stick to their individual positions very rigidly, shows that there is no easy or quick way out of the impasse through bilateral talks. A foreign ministry spokesman in Dhaka claimed 'incremental progress' in the talks. But this is indeed braggadocio based on an offer by Myanmar of a sea corridor to Bangladesh. The acceptance of the Myanmar offer would mean recognition of that country's equidistant method that would make this country a virtually landlocked one with Myanmar giving only a right of passage through a small corridor in the sea in the area that would become its own territories, to Bangladesh. Thus, even to consider the corridor proposal as a move forward or to describe it as one having any merit, is a preposterous idea. Thus, the government in Bangladesh should not leave the people under an elusion that they are progressing in their talks with the neigbouring country to the east.
This is not to say that the Bangladesh government has been completely unsuccessful in its confrontation with Myanmar over protecting the country's sea territories or resources. Government here has resorted to diplomacy backed up by a show of military resolve in support of the diplomacy that led to Myanmar naval forces and the operators of the South Korean drilling rig into leaving the area claimed by Bangladesh as within its territorial waters. But this is not a conclusive development. Only intense diplomatic pressure through mainly China and the determined attitude of the Bangladesh navy to protect the country's maritime boundaries, caused Myanmar to leave the scene, albeit temporarily. But after several rounds of high level meetings between the two countries, Myanmar is yet to endorse the minimum suggestion from Bangladesh that Myanmar should formally agree to put a hold on similar exploration activities by it until a solution of the dispute is found. Myanmar authorities have backed off from the spot making signs that they would return at the first opportunity and that they would not drop their claims to the area.
Thus, Bangladesh should realize that its best option lies in seeking international arbitration over the issue. Experts say that Bangladesh stands a better chance of getting its principle of demarcation accepted from such international arbitration as its claim is a natural and superior one and has greater merit than Myanmar's. The United Nations Conference on the Law of the Seas (UNCLOS) to which both Myanmar and Bangladesh are signatories, and which provide clear guidelines and, more significantly, a dispute settling mechanism through UNCLOS, now need to be approached by Bangladesh. As a signatory to UNCLOS, Myanmar has little choice than feeling obligated to submit to UNCLOS arbitration of the issue if the same is desired by Bangladesh. Thus, Bangladesh must not neglect or drag its feet in exercising this option. Meanwhile, Bangladesh also should complete its works of mapping and other related tasks in support of its claim at the soonest through really dependable organizations for the purpose. At the same time, the vigilance of the country's defence forces over the area should be maintained with full vigour. The sea resources of the country will be too valuable for Bangladesh for the sustenance of its burgeoning population even in the near future. Thus, the same must be protected at any cost and it is better to be absolutely serious in this endeavour even as a late starter.
Bangladesh wants the demarcation on the basis of the principle of 'equity' whereas Myanmar is for the 'equidistant' method. The latest meeting in Dhaka could be counted as productive if the two sides came even nearer to a reconciliation on the issue of demarcation. That they did not but decided to stick to their individual positions very rigidly, shows that there is no easy or quick way out of the impasse through bilateral talks. A foreign ministry spokesman in Dhaka claimed 'incremental progress' in the talks. But this is indeed braggadocio based on an offer by Myanmar of a sea corridor to Bangladesh. The acceptance of the Myanmar offer would mean recognition of that country's equidistant method that would make this country a virtually landlocked one with Myanmar giving only a right of passage through a small corridor in the sea in the area that would become its own territories, to Bangladesh. Thus, even to consider the corridor proposal as a move forward or to describe it as one having any merit, is a preposterous idea. Thus, the government in Bangladesh should not leave the people under an elusion that they are progressing in their talks with the neigbouring country to the east.
This is not to say that the Bangladesh government has been completely unsuccessful in its confrontation with Myanmar over protecting the country's sea territories or resources. Government here has resorted to diplomacy backed up by a show of military resolve in support of the diplomacy that led to Myanmar naval forces and the operators of the South Korean drilling rig into leaving the area claimed by Bangladesh as within its territorial waters. But this is not a conclusive development. Only intense diplomatic pressure through mainly China and the determined attitude of the Bangladesh navy to protect the country's maritime boundaries, caused Myanmar to leave the scene, albeit temporarily. But after several rounds of high level meetings between the two countries, Myanmar is yet to endorse the minimum suggestion from Bangladesh that Myanmar should formally agree to put a hold on similar exploration activities by it until a solution of the dispute is found. Myanmar authorities have backed off from the spot making signs that they would return at the first opportunity and that they would not drop their claims to the area.
Thus, Bangladesh should realize that its best option lies in seeking international arbitration over the issue. Experts say that Bangladesh stands a better chance of getting its principle of demarcation accepted from such international arbitration as its claim is a natural and superior one and has greater merit than Myanmar's. The United Nations Conference on the Law of the Seas (UNCLOS) to which both Myanmar and Bangladesh are signatories, and which provide clear guidelines and, more significantly, a dispute settling mechanism through UNCLOS, now need to be approached by Bangladesh. As a signatory to UNCLOS, Myanmar has little choice than feeling obligated to submit to UNCLOS arbitration of the issue if the same is desired by Bangladesh. Thus, Bangladesh must not neglect or drag its feet in exercising this option. Meanwhile, Bangladesh also should complete its works of mapping and other related tasks in support of its claim at the soonest through really dependable organizations for the purpose. At the same time, the vigilance of the country's defence forces over the area should be maintained with full vigour. The sea resources of the country will be too valuable for Bangladesh for the sustenance of its burgeoning population even in the near future. Thus, the same must be protected at any cost and it is better to be absolutely serious in this endeavour even as a late starter.