POBNEWS24, Dhaka Sep 24, 2021 : Although the International Court of Justice (ICJ) has determined the maritime boundaries of India and Bangladesh, the two countries’ contradictory positions and objections to the basin over the continental shelf claim have sparked a new dispute.
A reciprocal letter to the United Nations this year over the continental shelf’s demands has effectively clarified a divisive position between the two countries.
With the settlement of maritime disputes with Myanmar and India, territorial up to 12 nautical miles from the coast of Bangladesh and special economic zones up to 200 nautical miles have been defined. However, after 200 nautical miles, India’s objection to the continental shelf’s claim to Bangladesh has given rise to a new controversy.
In the Bay of Bengal, maritime disputes with India and Myanmar have been settled by the International Court of Justice.
Bangladesh’s maritime boundaries were determined with the verdict of Itals in 2011 with Myanmar and with the verdict of International Arbitration Court in 2014.
The current crisis began when Bangladesh drew a new baseline and demanded a continental shelf after two verdicts on maritime boundaries.
Bangladesh first raised the demand for continental shelf at the UN in 2011. But after settling the border dispute with Myanmar and India, the continent amended the demand and submitted it to the commission again in 2020.
Within six months of Bangladesh’s demand for a revised continental shelf, India wrote a letter to the United Nations objecting. On April 16, 2021, India sent an official letter to the United Nations objecting to Bangladesh’s demand for a continental shelf.
Recently, Bangladesh has also clarified its position by writing a counter letter to the United Nations.
Bijan Kumar Saha, a former official of the Geological Survey of India, has long worked on surveying the Indian subcontinent. Mr. Saha last served as Senior Deputy Director General. Saha said where is India’s objection to the demand for continental shelf.
“Someday the EEZ, that means the boundary, there Bangladesh has got the advantage. I am using the word advantage.”
“But in the legal continental shelf that Bangladesh has claimed, the Indian government is saying that it is falling into the gray area and that the exclusive economic zone of India is falling into it. That means falling within two hundred nautical miles.”
At the heart of the current dispute between India and Bangladesh over the continental shelf is the baseline of the two countries. Both countries have complaints and objections against each other over this baseline.
This baseline measures 12 nautical miles from coast to sea, 200 nautical miles to special economic zones and then to the continental shelf.
The baseline of the two countries has been determined in the form of points at various locations across the coast. Bangladesh has 5 points in the revised baseline and India is divided by 89 points in the baseline.
Bangladesh amended the baseline in 2015 after demarcating the border with India and Myanmar. On the basis of that baseline, in October 2020, he presented the demands of the continental shelf to the UN Commission. India’s objection to the position of points 2 and 5 of the new baseline of Bangladesh.
On August 3, 2017, India wrote a letter to the United Nations objecting to points 2 and 5 of Bangladesh’s new baseline.
The letter said that if Bangladesh’s maritime boundary is drawn along the new baseline, Bangladesh’s exclusive economic zone falls into the Indian part, where a gray area is marked.
Bangladesh revised the baseline in 2014 after a court ruling on maritime boundaries. Following that baseline, the United Nations submitted its demand for the continental shelf in October 2020.
Bangladesh’s statement is that Bangladesh has set the baseline in accordance with the court’s verdict and international law and order.
Bangladesh alleges that India did not amend their baseline after the court ruling. The problem of gray area remains as India has not amended the baseline. In particular, Bangladesh has objections to the 6th and 69th points of the Indian baseline.
Retired Rear Admiral Mohammad Khurshid Alam, Secretary of the Maritime Affairs Unit of the Ministry of Foreign Affairs, has been working on the maritime boundaries of Bangladesh from the very beginning.
He told that Bangladesh had amended its baseline in compliance with the law following the court’s ruling and presented the amended continental demands to the United Nations.
“India’s baseline, which is drawn straight from the coast of Balasore, has point 6, ten kilometers into the sea – which is why the gray area is formed.”
He said, “Without it, the gray area would not have formed. And point 87, it is still 2.3 nautical miles within the sea of Bangladesh. They have not removed it since 2009. We have said that you have objected, before that your actions are right. It needed to be done.”
Bangladesh’s demand for a continental shelf at the United Nations has an area of 6,800 square kilometers. And the area of the controversial ‘gray area’ is 720 square kilometers.
But Bangladesh claims that this ‘gray area’ will not exist if India amends its baseline in compliance with the court’s verdict.
Khurshid Alam says the issue of the continental shelf will now be decided by a UN commission. However, diplomatic talks are also continuing.
“Diplomatic talks are going on. Again, they are sending letters. We are also giving letters. Let’s see if it is resolved diplomatically, they will pick up two points. It is fine. But there may be nothing to do diplomatically about the continental shelf.”
