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Territorial Waters and Maritime Zones Act, 1974

An amazing and visionary formulation by Bangabandhu

Mehedi Hassan | February 22, 2024 00:00:00


It was the cherished dream of Father of the Nation Bangabandhu Sheikh Mujibur Rahman to build 'Sonar Bangla' through the economic development of post-independence war-ravaged Bangladesh. Following this, he realised the importance of sea-centric economic development. Thereby he formulated 'Territorial Waters and Maritime Zones Act, 1974'. This Act determined our territorial waters and maritime zones in the Bay of Bengal. It is indeed a manifestation of farsightedness of Father of the Nation Bangabandhu Sheikh Mujibur Rahman, who enacted this legislation in 1974. Bangladesh is one of the few countries of the globe that promulgated such Act.

United Nations Convention on the Law of the Sea (UNCLOS-III) was established in international framework and signed in 1982 and that came into force in 1994 through ratification by 60 countries. Bangabandhu with his visionary foresightness enacted such act in 1974 which was enacted 8 years earlier than the existence of UNCLOS-III. In 2001, Bangladesh signed and became member state of the UNCLOS. This legislation was meant to define the extent of territorial waters, continental shelf and other maritime zones of Bangladesh in order to establish jurisdiction over maritime areas and resources therein, facilitating exploration and exploitation of marine resources in the Bay of Bengal. It served as the cornerstone of our maritime vision and subsequent maritime development.

Bay of Bengal is a place of immense potentials for us. The bulk of Bangladesh's international trade, import and export are conducted by sea. Besides, a large number of population living in the coastal region of Bangladesh have been making a livelihood by extracting fishery resources. Thus, realizing the importance of the maritime sector in national development, Bangabandhu initiated this Act soon after the independence. Indeed, this Act is an imperative roadmap for the conservation and exploitation of our marine resources and a unique milestone in ensuring the sustainable use and safety of our sea.

Honorable Prime Minister Sheikh Hasina, who carried on the revolutionary and forward-thinking ideas of the Father of the Nation, has made unprecedented contributions to the maritime zone through amicable settlement with neighbours. It was done through International Tribunal for the Law of the Sea (ITLOS) in 2012 with Myanmar and Arbitral Tribunal in 2014 with India. Therefore, Bangladesh has made significant strides in the development and management of its maritime resources and thereof it is contributing to the nation's economic growth and prosperity. It heralds a new era for Bangladesh, leading to substantial maritime developments, including the Blue Economy Initiative and mega strategies like Bangladesh Delta Plan 2100. Indeed, Bangabandhu's Territorial Waters and Maritime Zones Act, 1974 remains as the bedrock of Bangladesh's maritime vision and aspiration.

Honorable Prime Minister Sheikh Hasina has enacted the Amended Territorial Waters and Maritime Zones Act in 2021 in order to make the law updated in present days context and strengthen it further. The amendment was necessary to make the previous 'Act' to a more time-befitting one by reflecting the rights and obligations of UNCLOS-III so as to deal the evolving issues perfectly with regard to present day's requisites. Such enacting brought the domestic legislation of our country into conformity with UNCLOS-III and established the sovereignty and sovereign rights of Bangladesh over its maritime areas and offshore resources.

The amendment has newly appended few issues like prevention of maritime pollution and its control, protection of maritime environment, explanation of remotely operated/unmanned/autonomous underwater crafts etc. The amendment has also included the provisions of punishment for offence in Exclusive Economic Zone, Continental Shelf and Contiguous Zone. The terms and conditions namely Ocean Governance, Blue Economy, Maritime Cooperation, Theft, Piracy, Armed Robbery, Maritime Terrorism etc have also been incorporated. The video, photo and electronic records have been taken into cognizance for judicial purpose. It has also inserted few new definitions such as Artificial Island, Dumping of Wastes, Maritime Tribunal, Seabed, Warship etc, Undeniably, these all developments are being surfaced because of the emergence of the 1974 Act by our visionary leader Bangabandhu Sheikh Mujibur Rahman. And Honorable Prime Minister Sheikh Hasina has carried the revolutionary and forward-thinking ideas of Father of the Nation.

People living along the coast of the Bay of Bengal constitute a significant number of the world's population. Thereby, being a littoral state, Bangladesh is considered as a vital country with respect to geostrategic and economic perspective. Currently, there is a wave of economic activities in our Bay of Bengal arena and its shores. Various mega projects including Bangabandhu tunnel, Payra sea port, Matarbari deep sea port, LNG terminal, various renewable energy plants etc are the examples of that.

The maritime stakeholders are working together to ensure sustainable and multidimensional use of the marine resources to improve the economy of Bangladesh. Therefore, in order to establish Bangladesh as a developed country through the development of our maritime sector, it is necessary for the people involved in various professions in this sector to work together. We are confident that with the huge resources from our sea areas, we will be able to build 'Sonar Bangla' which was the utmost dream of our Father of the Nation.

Writer: Captain Mehedi Hassan

Bangladesh Navy


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