Bangladesh has scored a significant victory in a UN arbitration tribunal, which has laid down that it will enjoy sovereign control over 19467 square kilometres of the 25602 sq km area in the Bay of Bengal that is in dispute with India. Yet, even this verdict which awards the jurisdiction of almost 4/5ths of the disputed area to Dhaka has left some people disillusioned. Their grouse: the formerly disputed New Moore island (called Talpatti in Bangladesh), has fallen to the Indian side of the territorial waters, according to the proposed new alignment.

India has accepted the verdict and the Ministry of External Affairs spokesman Mr. Akbaruddin has called for better Indo-Bangla relations now that the matter stands resolved. In the past Bangladesh had protested against India and Myanmar for carrying out exploration and other operations in the energy-rich offshore territory, where notions of national jurisdiction among the three countries were often in conflict.

The 'loss' of New Moore island, which was formed and found a place in the local territory maps during the eighties and nineties, has upset Bangladeshis. The ruling Awami league and the opposition BNP have blamed each other, even as the island currently remains under water. Border security personnel of both countries had set up temporary sheds and flags to press forward their respective territorial claims.

Experts say that in region south of the Sunderbans mangrove forests, several islands have formed over time, as large amounts of silt carried by the major rivers like the Ganga flowing into the Bay settled and firmed up on the terrains close to the shores. Some of these 'islands' have gone under the water as well. There is no final word as to whether the New Moore island will go the same way, with rising water levels because of global warming emerging as a major negative factor of late.

The BNP’s contention is that Dhaka could not marshal adequate evidence in support of its claims which should have ensured the award of an even larger maritime territory. It should have taken up the cause of the island more effectively. The Awami league has failed in this regards.

To which the Awami league reply has been, during the BNP’s tenure, then Prime Minister Khaleda Zia had never claimed the island as part of Bangladesh territory, nor was it ever designated cartographically, following internationally accepted norms. The implication is that by its inaction the BNP had helped strengthen India’s claims by default.

The controversy assumes special importance in view of the desperate quest of Bangladesh for new territory, whether on land or the sea, in view of its small area and huge population. It is the most densely populated country in the world.

Nevertheless, there is general satisfaction that the award gives Dhaka sovereign control over 118,813 sq kms of territorial waters. Within this region, Bangladesh will enjoy the sole right to explore and exploit all natural marine resources. Additionally, it will exercise control over 200 nautical miles of maritime territory off its southern coast, with near total rights and its jurisdiction will extend to over 354 kms from Chittagong coast.

Bangladesh went in for international arbitration into the dispute in 2009. The UN Convention on the Laws of the Sea (UNCLOS) has specific rules and norms to settle such disputes. A five member judicial panel, including representatives from Germany, France, Australia and Ghana was appointed. The verdict was unanimous. The Indian representative provided the only dissenting note.

Nevertheless India has accepted the award with good grace undoubtedly as a gesture of accommodation to cement further the present warm ties between Delhi and Dhaka. (IPA Service)