Sundarban Put In Jeopardy

THE decision of the High Court to vacate the order on maintenance of a status quo on the much-talked-about coal-fired power plant near Sundarban, without hearing on the rule issued on the government in March 1 this year on why the plant should not be declared illegal, has effectively paved the way for two 1,320MW power plants to be established only nine kilometres away from the world’s largest mangrove forest and a world heritage site. The government is likely to sign the agreement during Indian prime minister Manmohan Singh’s visit to Dhaka in September 6-7, following a memorandum of understanding already signed between the Power Development Board and India’s National Thermal Power Corporation. Considering the binding obligations that come with an international agreement signed between two head of governments, the likelihood of any other proceedings or development halting the establishment of the plant in the future now looks slim. 

The court, meanwhile, is set to hear the rule in October, after its month-long vacation. It appears that in its haste to find answers to acute power shortage as well expedite friendly relations with India, the government has put in jeopardy one of the country’s finest treasures, and the court, by vacating the status quo, has all but played into its hands.

From the very outset when the proposed thermal power plant came to public knowledge, there have been strong protests demanding the project be scrapped, both from environmental activists as well as locals at Rampal, Bagerhat, the proposed site for the plant. While local farmers lament the potential loss of arable land, environmentalists point out that the coal-fired power plants would drastically reduce the diversity of vegetation, wildlife and micro-organisms in Sundarban. The project will destroy the ingredients of the soil that support the lives of millions of inhabitants of a large region, increase the proportion of carbon monoxide and carbon dioxide in the air and seriously harm the flora and fauna of Sundarban. Moreover, it is important to remember that Sundarban serve as a natural barrier to the protection of the people in a large area of the coastal region from calamities such as cyclones Sidr and Aila. Given these circumstances, the court issued the March 1 order after hearing a public-interest litigation writ petition filed by the Human Rights and Peace for Bangladesh seeking cancellation of the installation of the power plant.

The government is yet to provide any serious argument that disputes the claims of environmentalists nor has there been any feasibility study on the likely impact on the Sundarban following the establishment of the plants, as far as media reports go. Under these circumstances, the government stands to risk threatening a great national asset, ironically vying to become one of the seven natural wonders on earth, if it goes ahead with the signing and subsequently the establishment of the plants. It would be well-advised at least wait out the hearing on the court rule before proceeding with such a major project.

Licence To Kill

At a minimum, let us be honest with ourselves and acknowledge where the real blame lies. This ultimately lies with the corrupt system in place and the government that props it up. Government agencies have given the drivers literally a licence to kill. If we can agree on this, then we can take the right steps towards solving the problem.  Ikhtiar Kazi.

AS I read articles on Tareque Masud’s untimely death at the age of 54, I am saddened and outraged. I am saddened because his death caused by a head-on collision with a bus was completely preventable. I am outraged for the same reason. Many expressing their condolences about this tragic event knew the acclaimed movie director on a personal level, I cannot claim that privilege. Like many of you, I knew him only through his poignant movies, such as Matir Moina (The Clay Bird), winner of the 2002 Cannes Film Festival’s International Critics’ Prize, Muktir Gaan (The Songs of Freedom) and Ontarjatra (The Homeland).

Masud’s death will temporarily focus attention on fatal car accidents that increasingly appear to be expected daily news in Bangladesh. His death will spark protests, and call for action and change. ‘Visionary’ political leaders will express condolences and deliver grand speeches with oratory perfection. Leaders of political parties will blame each other as usual, but will take no responsibility or provide any lasting solutions.

Talk-shows will superficially address the breakdown of order and decency in the country. There will be marches and candle light vigils. The bus driver who may or may not have caused the accident will be made the scapegoat, found guilty and perhaps even be sentenced to death. Grandiose illusions of justice, democracy, and law of land prevailing is what you will hear. Bangladesh’s great democracy with its digital aspirations will march ahead, falsely appearing to tackle the incident as head-on as the accident itself.

That is the script. No real solutions addressing the root problem of such deadly accidents will be offered. No real or thorough investigation will be performed. You will see just the typical lustre of surface wax. And as expected, this process will repeat like reruns of your favourite TV shows, until another such avoidable accident happens—repeat, pause, repeat is the formula of choice for those who are inept of any vision.

Many people will place the ultimate blame on the reckless drivers that routinely drive in the wrong lanes at twice the legal speed limit. These drivers are sometimes high on drugs, overworked and have no real expertise and training to ride a bicycle, let alone a bus or a truck. Admittedly, they have blood on their hands when accidents occur, and they must bear their share of the blame. But if the drivers are made scapegoats, we have misdiagnosed the real problem, and such a solution will only trivially attempt to resolve a deeper known issue.

At a minimum, let us be honest with ourselves and acknowledge where the real blame lies. This ultimately lies with the corrupt system in place and the government that props it up. Government agencies have given the drivers literally a licence to kill. If we can agree on this, then we can take the right steps towards solving the problem.

Anyone who has spent even a short time in Bangladesh can figure out how the system for obtaining a driver’s licence works. An authentic licence with all its privileges (but not the responsibility) can be obtained for about Tk 10,000 ($150). Pay the fee, and you will have the legal right to drive on the streets of Bangladesh. No need to take the driving exam or prove you can actually drive. It is all covered in the fee. Efficient, automatic and even transparent so you do not have to waste your precious time stuck in bureaucratic lines or street traffic. An agent does all your work.

Allow me to shed some further light on the process. There are generally four variants to obtaining a licence. The ‘fully automatic’ process is described above (sit back and everything is taken care of). The ‘semi-automatic’ process is similar to ‘fully automatic’ but with one difference. In the ‘semi-automatic’ process, you have to actually sit for the exam. But don’t worry, there will be someone to assist you to make sure you pass the exam and to compensate you for your headache of appearing for the exam your fee will be a little less. 

The third category is what I call ‘Photoshop.’ You will receive a licence that looks authentic but your information will not be officially registered with any government agency. If you are caught with this licence, you are charged with fraud (but don’t worry, for the right fee even this can be waived).

Interestingly, for all practical purpose the three categories above are the same. The applicant’s economic ability determines the category chosen; market efficiency at its best. The less work you do and the more you outsource, the more expensive it is. It’s a well-oiled and well-designed system that takes into account your financial ability.

The fourth category is what I call ‘almost legitimate’ because you have to sit for the exam and actually take a real driving test. However, these tests are so rigorous that I doubt even a professional race-car driver would pass. From what I hear, one part of the test includes driving in reverse where you have to create the shape of the number ‘8.’ Like the previous three categories, there is also a guarantee. No matter what you do, you are guaranteed to fail the test for the temerity of making the government official actually do his job. The system will frustrate you until you follow the official unofficial process of paying a bribe.

If justice is to be served for Masud’s death as well as those of countless others, accountability must first be imposed on those at the top of the pyramid instead of those at the bottom, who are just pawns of the system. In Japan (and other advanced Asian countries) if a government agency or private institution is found remotely responsible for wrongdoing the head of the agency appears publicly, gets on his or her knees, weeps and profusely asks for forgiveness for their mistakes. Honour, dignity and harmony matters in these cultures (and maybe that is the reason they are ‘advanced’ nations). Even when there is a natural disaster (such as the recent tsunami), where things are not in the hands of man, leaders can be held responsible if they do not react to the situation properly. After the customary public humiliation and acknowledgement of responsibility, the leader is sacked and punished. Bangladesh (and Bangladeshi politicians) should take some lessons of humility from the most advanced Asian countries and emulate them. Of course, that is just one step in the process.

I realise that Bangladesh faces myriad problems and is still an underdeveloped country with minimal resources. However, how a nation tackles these challenges will determine its future. Let us ask the tough questions and get to the bottom of why man made tragedies such as the accident that killed Masud are daily occurrences. Let us develop a strategy to make sure it does not happen again. And let us hold all those who are responsible, directly or indirectly to the crimes they have committed, so that justice truly prevails. Masud’s death should not be in vain. If his death can make even a small dent in the direction of positive change, at least then we will have some solace. Masud and his crew were headed to Manikganj to receive permission to shoot his film ‘Kagojer Phool’ (Paper Flower) on that fateful day. We will only wonder what other works he would have produced if his life had not been tragically cut short.

Postscript

I INTERVIEWED and hired several car drivers in my extended visit to Bangladesh. Part of my interview process would be to take their licence and ask them their name and date of birth. They would look dumbfounded because in most cases they did not know the name or date of birth that was on their licence. But they would stress that it is a legal and authentic licence. Ironically, it was just a year ago I wrote an article where I talked about head-on car collisions (you can find that article as well as other pieces on my blog). In addition, I have had the great privilege of travelling across Bangladesh and see its natural beauty. In all my trips, my biggest fear was accidents. Large buses and trucks routinely came head to head with my car because they were driving in the wrong lane. It did not matter if it was night or day, sunny or rainy. A split second was all it took to determine my fate, and luckily, fortune was smiling on me.

The Hazare Phenomenon

Is there a lesson for Bangladesh?

A heretofore little known man from Maharashtra is making the headlines in India. Anna Hazare has gone on fast to force the Indian government to formulate a more stringent anti-graft law because he feels that the one the government wants to put up in the parliament is not tough enough. And he has given ultimatum to the government to accept his version of the bill or leave.

Hazare's strength stems from the well of popular support that he has been able to garner over time for a cause that affects a very large segment of India's population. 

We are certain that Hazare's position against graft touches a common chord with most of the public in Bangladesh. Although one may not agree with the stiff position he is displaying in spite of his willingness to talk to the Indian government, it is the moral content of his action that one cannot but commend. 

Here is person who is trying to address a social ill that pervades the Indian society in a cancerous form and the only way to attract the attention of a seemingly unresponsive government is to express moral revulsion in a collective manner which he has done quite successfully.

For Bangladesh too we feel there is a need for similar manifestation of popular revulsion against corruption, on which the government has at best been soft-pedaling. And it is through movements such as Hazare's, peaceful yet demonstrative of the popular sentiment that will not only generate public debate but also induce the government to move decisively against all forms pervasive ills in the society.

We would hope that the civil society in Bangladesh will come out in support of anyone who takes the lead in this regard, as indeed one person has to stop indiscriminate issue of driving license.

The Current State Of The Foreign Ministry

PROFESSIONALISM has no match in formulation and implementation of a country’s foreign policy. The slightest mistake in formulating and conducting foreign policy can make the country vulnerable to attack by foreign powers. Therefore, it should be formulated keeping in mind a country’s interests while avoiding any attitude that might be construed as a hostile or unfriendly act of the government. Foreign service officers and political entities who head the foreign ministry should be well-acquainted with the nitty-gritty of the foreign policy.

Recently, the foreign ministry saw an influx of people from other areas who do not seem to be acquainted with the ins and outs of the country’s foreign policy. Half a dozen ambassadors come from a different sector, some of them placed in important countries, including Russia and Britain. Germany, an important donor country and second highest export destination of Bangladeshi products, remains without an ambassador for quite some time. I recall the generous contribution of the German government and NGOs when severe floods affected Bangladesh in 1998.

At that time I was in charge of the Bangladesh embassy in Bonn as the ambassador was on leave. The permanent representative to the United Nations is also represented by a non-diplomat — an American citizen of Bangladesh origin. His recent meeting with the exiled Tibetan Dalai Lama raised eyebrows in the political circles in Beijing. If no appropriate explanation is given to the Chinese authorities, the relations between Bangladesh and China will grow cold. Bangladesh needs China much more than China needs Bangladesh. Our country should maintain balanced relationships with the two Asian giants, China and India, in the interests of the country.

Sex scandals involving diplomats at the ambassador level has seriously damaged the image of the foreign ministry. In June this year, the Bangladesh ambassador to Japan, AKM Mujibur Rahman, was called back to Dhaka on such a charge. Japan has been playing a very important role in developing the infrastructure of Bangladesh since pre-liberation days of the country, apart from turning out to be our largest donor country. In the recent past, another diplomat, Hasib Aziz, was called back to the foreign affairs ministry for taking an Uzbek woman as a second wife without seeking permission from the government. He later married two others.

The latest incident involving someone with a non-diplomatic background was that of the ambassador to Nepal, Neem Chandra Bhowmik, which turned out to be a very serious matter. Apart from the scandal, the former applied physics teacher of Dhaka University was accused of meddling in the internal affairs of Nepal. There has been allegation of corruption against him while offering scholarships to Nepalese students selected by the Bangladesh government. As reported, he lacks mannerism and diplomatic etiquette in dealing with foreign government.

There has been serious allegation against the Bangladesh ambassador, as reported in the news media, that he gave ride to retired Indian general Jacob to different meeting places in his official car flying the Indian flag. It is an unbelievably disgraceful affair. No action has yet been taken despite requests from the Nepalese government for calling him back. Needless to say that Nepal is a very important country in the region for Bangladesh. Also, allegation of corruption against the Bangladesh high commission in Britain needs to be looked into by the foreign ministry.

Both the prime minister and the foreign minister have toured many parts of the world by now, the achievements to which are not much visible. After Bangladesh has allowed transit facilities to India from Akhaura to Tripura, India will succeed in establishing link with its seven landlocked sister states through Bangladesh territory, apart from using Bangladesh sea ports. It may be recalled here that following our independence, the Chittagong Port was under a mine cleaning operation by Russian naval units, due to which Bangladesh had placed a request to use the Calcutta Port for transhipment for the time being. The request was denied by the Indian government at a time when friendship between the two countries was at its highest peak as India had assisted our freedom fighters to liberate the country from Pakistan’s subjugation.

Speaking recently at Bangladesh strategic study institute, the visiting Indian foreign minister reportedly said that Bangladesh would enjoy trade relations with the Indian landlocked states. The possibility of such scenario is bleak as these areas are low income. The entire north-eastern part of India is infested with insurgency. For all practical purposes, the government of India has no hold on Nagaland. Arunachal Pradesh has become controversial since China claimed 16 districts of the state.

Apart from this, the Indian authorities are in the process of demarcating the border by constructing barbed wire fences along Bangladesh borders without consulting the Bangladesh authorities, which should be considered an unfriendly act. Killing of Bangladeshi nationals by India’s Border Security Force is increasing without any serious protest from the Bangladesh side. Without resolving water sharing issues, India is reportedly ready to construct Tipaimukh dam, in spite of protests from the local people. Although the government of India verbally assured that no damage would be done to Bangladesh if it is constructed, experts are of the opinion that there would be tremendous adverse effect on Bangladesh, it being the lower riparian country. In a way, much more harm would be inflicted on Bangladesh than was by the Farakka barrage. Since China is going ahead with a project to divert waters from the River Brahmaputra in Tibet to arid Xinxiang region, apart from building hydroelectric power plant, India is taking initiative to make a dam to preserve waters from Brahmaputra, causing damage to Bangladesh. Brahmaputra is an international river and the interest of lower riparian should be looked into.

The non-recognition of Kosovo by the Bangladesh government may have irritated the United States which took the initiative to recognise Kosovo. There are similarities between the birth of Bangladesh and that of Kosovo from the subjugation of Serbia. It is understood that the Russian influence has deterred the recognition of Kosovo by Bangladesh. Possibly, the issue is linked with the construction of the atomic energy plant by Russia at Rooppur in Pabna. The treaty between Bangladesh and Russia is likely to be signed when the prime minister pays a visit to Russia this year. This would be her second visit to Russia.

The ministry of foreign affairs suffers from a shortage of manpower to run it effectively. With the departure of the ambassadors to China and France, there will be a vacuum in the ministry in respect of foreign language oriented diplomat. The post of additional foreign secretary remains vacant till writing of this article. The director general is looking after the territorial desk. No director general, however efficient, can handle the territorial desk without gaining a clear perception thorough training abroad. Each territorial desk is different from the point of view of geography, history and current affairs from other desks. From the desk officer to the director-general level, the ministry needs specialisation in the area to make judgment on significant issues which might affect the national interest of the country. Research work on important developments around Bangladesh and international platform is very important in formulating foreign policy. The ministry lacks a full-fledged research wing. It may consider introducing a course for non-diplomatic ambassadors before posting them abroad.

A state can be governed by a person uninitiated in politics, but foreign ministry could not be run by non-professional diplomats. The government should pay much more attention to the ministry of foreign affairs as it stands as the first line of defence for the country.

Maritime Border: Where Do We Stand Now?

BANGLADESH on February 26submitted its claim to the United Nations over its extension of continental shelf in the Bay of Bengal according to Clause 76 (8) of the United Nations Conferences on the Law of the Seas 1982, known as UNCLOS III. Bangladesh and its neighbouring countries, India and Myanmar, have ratified this convention. Myanmar submitted its claim on the Bay of Bengal on December 5, 2008, India on May 11, 2009. Before Bangladesh put its claims, it floated tenders to explore some deep-sea blocks in its continental shelf in April 2008. India and Myanmar put objections to those tenders claiming the areas are owned by them. Bangladesh took this matter to UN in November 2009 to settle the disputes over the ownership as per UNCLOS III.

The Law of the Sea

THE present day Law of the Sea is the outcome of United Nations conferences on the Law of the Sea, UNCLOS I of 1958, UNCLOS II of 1960 and UNCLOS III of 1982. According to Articles 3 and 15 of UNCLOS III, every state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines in the line of low water tide along the seashore of a state. As per Article 17, ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Article 33 gives authority of a state on certain other matters to further 12 nautical miles called as contiguous zone. Article 55 allows an exclusive economic zone, an area beyond and adjacent to the territorial sea, where the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources. As per Article 57, this economic zone shall not extend beyond 200 nautical miles from the baselines. The UNCLOS III of 1982 in its Article 76 gives rights to the coastal states to own some more areas beyond the economic zone called the continental shelf.

Continental shelf

AS PER Article 76 sub-article 1, the continental shelf of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin. As per sub-article 3, the continental margin comprises the submerged prolongation of the land mass of the coastal state, and consists of the seabed and subsoil of the shelf, the slope and the rise. As the limits of sea boundary prolongs towards the deep sea, disputes should arise between adjacent states on their boundaries and claims over their natural resources. To resolve the disputes sub-article 4(a) of Article 76 gives clarifications that the coastal state shall establish the outer edge of the continental margin beyond 200 nautical miles from the baselines by either, i) a line delineated where the thickness of sedimentary rocks is at least one per cent of the shortest distance from the foot of the continental slope; or ii) line delineated in accordance to fixed points not more than 60 nautical miles from the foot of the continental slope. Article 76 limits the continental shelf on the seabed, drawn in accordance with paragraph 4 (a) (i) and (ii), not beyond 350 nautical miles from the baselines from which the breadth of the territorial sea is measured, or not beyond 100 nautical miles from the 2,500-metre isobath, which is a line connecting the depth of 2,500 metres.

Disputes with India and Myanmar

BANGLADESH in 1989 divided its mainland and territorial waters into 23 blocks for gas and oil exploration. In 2008, eight blocks under exclusive economic zone and 20 blocks under continental shelf were tendered inviting interested parties for exploration. But objections were raised from India and Myanmar over claims on those deep-sea blocks. A recent discovery of huge hydrocarbon reserve in the continental shelves of India in Orissa, and Myanmar in Rakhaine states triggered these disputes with Bangladeshi claims. Bangladesh needs to solve this problem as per Articles 59 and 76 of UNCLOS III.

Article 59 of UNCLOS III says, in cases where the convention does not attribute rights or jurisdiction to the coastal state or to other states within the exclusive economic zone, and a conflict arises between the interests of the coastal state and any other state or states, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole. As per this article, Bangladesh’s claim of equity should be based on all relevant circumstances, particularly the basis of sedimentary rocks deposited from its mainland.

Bangladesh with its Territorial Waters and Maritime Zones Act of 1974 was rather unaware of its rights in the deep sea. Following the equidistant formula for setting limits of the territorial sea between adjacent states, Bangladesh extended its boundary limits in 1989 by straight lines and remained content with its exclusive economic zone. In 2006, when India floated tender for offshore exploration in the Bay of Bengal, the Bangladesh government only got concerned, as the media reported that India has encroached into its EEZ block number 21 (see http://www.southasiaanalysis.org/%5Cpapers19%5Cpaper1877.html).

India signed a production sharing contract with Australian company Santos on March 2, 2007 for oil exploration in the block NEC-DWN-2004/2. The Myanmar government awarded the offshore blocks AD-8 to China National Petroleum Corporation of China and AD-9 to Oil and Natural Gas Corporation of India, in addition to block AD7 to Daewoo of Korea.

As India and Myanmar started their aggression into Bangladesh waters, the Bangladesh government also started preparing for third round bidding for oil and gas exploration in the deep sea with a fresh production sharing contract. By April 2008, Bangladesh delineated its outer boundary of the continental shelf and floated tender for exploration on eight shallow water and 20 deep sea blocks. India and Myanmar quickly opposed this move claiming Bangladeshi tenders were on their blocks. But Bangladesh navy was active to put pressure on Santos not to encroach into Bangladesh waters. The navy was also deployed, in a similar move, to thwart attempt by Daewoo rigs to explore in the AD7 block of Myanmar (The Daily Star, November 14, 2008).

This area would fall under the Bangladesh deep sea block No DS-08-13 about 60 kilometres off St Martin’s Island.

The Bangladesh government took a commendable step in November 2009 by approaching to the UN to resolve its sea boundary dispute with neighbours as per its convention. Another commendable step was taken in February this year, when it put forward its claim of sea boundary to the UN Commission on the Limits of the Continental Shelf, known as CLCS. Though this claim was not made public, it is known that the claims were made in accordance with the Article 76 and its Clauses 1, 2, 3, 4 (a) and (b), 5, 6 and 7. Clauses 4 and 6 of Article 76 set out specific formula to establish outer edges of the continental shelf of a country. The claim submitted has an executive summary and an outline map which has references fixed points defined by coordinates, and straight lines joining them not exceeding 60 nautical miles in length. These are required as per the Clause 7 of Article 76. Bangladesh claim is also supported by technical and scientific data prepared with the support of the navy, Geological Survey of Bangladesh, Bangladesh Oil, Gas and Mineral Corporation, Bangladesh Petroleum Exploration and Production Company, Space Research and Remote Sensing Organisation and Bangladesh Inland Water Transport Authority.

The offshore blocks NEC-DWN-2004/1 and NEC-DWN-2004/2 and part of D31 of India, and blocks AD7, AD8, AD9, AD10, AD11, AD12, AD13 and AD14 of Myanmar fall under the waters of Bangladesh as per UN Convention, is illustrated in the map.  Bangladesh has taken a rightful step for winning its sea boundary by diplomacy rather than war. In the name of equity, India and Myanmar are now trying to pursue Bangladesh for a negotiated settlement. But the matter is now under the disposal of the UN Commission, where it is to be settled according to the convention set by the international community. Any attempt of bypassing the convention would be a matter of objection from it. Against this backdrop, our present stand in claiming our sea boundary appears to be just and very strong. We should not make any delay now in updating our Territorial Waters and Maritime Zones Act of 1974 according to the UNCLOS III of 1982.