Making claims under UNCLOS
Wednesday, 14 November 2007
THE United Nations Convention on the Law of the Seas (UNCLOS), is the only hope for countries like Bangladesh for physical expansion and making claim to various sea 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 mile from their territorial waters as their exclusive economic zone (EEG). But worries were there long ago whether Bangladesh, as a signatory to the UNCLOS, would ultimately be able to even lay its claim to the EEG let alone actually establish rightful control over such an EEG which is absolutely related to its longer term economic security. New lands are rising in the sea near Bangladesh and it is indispensable for the country to lay claim to them.
The UNCLOS requires the fastest laying of claims by countries bordering on oceans before the time for such claims expire. It is incredible but a fact that since the 19 years that Bangladesh signed 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 had embarked on an eleventh hour desktop study sometime ago 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.
India and Myanmar have already laid claim over extensive 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 Telepathy island, for instance, they are actually exercising rights as occupiers. Reportedly, Myanmar has established its presence in a part of the ocean that should be a part of Bangladesh's EEG. An Indian company now enjoys rights under a lease accord to produce natural gas from an offshore well in this part of EEG that should belong to Bangladesh and for piping the same to India.
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's course now can be no other than going all-out to control any further damage by the fastest conclusion of adequate surveys and then pursing its claim through the mechanisms of the UNCLOS.
Asif Ahmed
Gulshan,
Dhaka
The UNCLOS requires the fastest laying of claims by countries bordering on oceans before the time for such claims expire. It is incredible but a fact that since the 19 years that Bangladesh signed 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 had embarked on an eleventh hour desktop study sometime ago 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.
India and Myanmar have already laid claim over extensive 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 Telepathy island, for instance, they are actually exercising rights as occupiers. Reportedly, Myanmar has established its presence in a part of the ocean that should be a part of Bangladesh's EEG. An Indian company now enjoys rights under a lease accord to produce natural gas from an offshore well in this part of EEG that should belong to Bangladesh and for piping the same to India.
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's course now can be no other than going all-out to control any further damage by the fastest conclusion of adequate surveys and then pursing its claim through the mechanisms of the UNCLOS.
Asif Ahmed
Gulshan,
Dhaka