Indian occupation of Bangladeshi island – India pressure Bangladesh not to make claim

[idune]

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India will soon submit its maritime boundary claim to UN which includes illegal occupation of Bangladesh south Talpatti island. Bangladesh is also close to finishing its claim document for maritime boundary. One of the reason indian foreign secretary Baghdad style Dhaka visit was to use indian control over Hasina govt and army chief Gen, Moeen so Bangladesh does not make any claim or sit idle while india further its occupation on Bangladesh territory.

With india instigated BDR massacre, both Awami League govt and army chief are under tremendous pressure. Awami League govt knows and do not have confidence that their election victory alone can keep them in power. And Moeen U being direct stooge of india is far easier to manipulate. As cunning as Indians are, they are using these pressure points to blackmail Awami League govt and their own installed stooge Moeen to further indian occupation on Bangladesh territory (among other things). Pinak Ranjan indian ambassador visit to BNP chief was just a FAKE courtesy and rather a tacit signal to put more pressure on Awami League and Hasina.

And by giving eviction notice to Khaleda (which analyst thinks has some indian influence in it) Hasina further cornered her govt. That is exactly where india wants Hasina and Awami League govt to be. More Awami League govt stays in corner better it is for india to blackmail Hasina govt.

By any measure and survey Talpatti island falls within Bangladesh territory and knowing that india is trying to avoid any transparent and recognized means to resolve the occupation. Rather india resorting to blackmailing and pressure tactics.


Note: Link has helpful map but in Bangla
AMAR DESH PUBLICATIONS

[Stumper]

By any measure and survey Talpatti island falls within Bangladesh territory and knowing that india is trying to avoid any transparent and recognized means to resolve the occupation. Rather india resorting to blackmailing and pressure tactics.


Note: Link has helpful map but in Bangla
AMAR DESH PUBLICATIONS

idune, look at some neutral sites, for a change!


South Talpatti Island as it is known in Bangladesh or New Moore Island or Purbasha in India is a small uninhabited offshore island that emerged in the Bay of Bengal in the aftermath of the Bhola cyclone in 1970. There is no permanent settlement or any other station located on the island. It is situated only two kilometers from the mouth of the Hariabhanga river.

The emergence of the island was first discovered by the West Bengal state government of India by the middle of 1971 and it was subsequently surveyed by the Indian Coast Guard. The first remote sensing image of the island taken by an American satellite in 1974 showed the island to have an area of 2,500 sq meters (27,000 sq ft). Later, various remote sensing surveys showed that the island had expanded gradually to an area of about 10,000 sq meters (110,000 sq ft). The recent satellite pictures show the existence of a vast submerged landmass in the shallow seawaters around South Talpatti. A number of submerged shoals are being visualised on the north and southeast side of the island near the Hariabhanga estuary. These data indicate that the total area of South Talpatti Island will surpass 25 to 30 sq km within the next one or two decades.

The island is claimed by both Bangladesh and India, although neither country has established any permanent settlement there because of the island's geographical instability. India have earlier hoisted the Indian flag there and established a base of Border Security Force (BSF) on the island regularly visited by her naval gunships. Indian intelligence agencies suspect that 1,200 uninhabited islands near India, including this island, may become a probable launch pad for Pakistan-based terrorists wanting to strike into India


South Talpatti Island - Wikipedia, the free encyclopedia

[idune]

Is India taking advantage?

By: Harun ur Rashid
Courtesy: The Daily Star - May 17, 2006

Bottom Line: Undemarcated Sea-boundary

It is common knowledge that India is hungry for energy and its search for oil and gas is in high gear. It is understandable that India will explore the areas within its territory including maritime zones for oil and gas. However, it must not in any way encroach on a neighbour's territory.

Under the 1982 UN Law of the Sea Convention, a state is entitled to claim 200 nautical miles within its jurisdiction. The first 12 miles are known as territorial sea and the next adjoining 188 miles as its Economic Zone. The sea-bed (continental shelf) of a state can go further --(350-miles) depending on the geo-physical characteristics of the sea bed.

India reportedly floated its sixth licensing round under the New Exploration Licensing Policy, 24 marine blocks for exploration in the Bay of Bengal. It is further reported that India is about to explore two marine blocks for oil and gas close to the Sunderbans of Bangladesh in the Bay of Bengal. The published block acreage of the Indian government, earmarked as Blocks D-22 and 23 in the Bay of Bengal, appears to overlap with Bangladesh's area.

In 1974, when Bangladesh allocated a few off-shore blocks of the Bay of Bengal to a foreign oil company, India vigorously objected and sent a letter to the foreign company, without any communication to Bangladesh, that the company would be at its risk because the sea-boundary between the two countries remained unsettled. As a result, the foreign company withdrew, to the disappointment of Bangladesh. Bangladesh felt let down by India.

It is noted that in 1974, among all the countries in South Asia, Bangladesh is the first country that had declared its jurisdictions in July on territorial waters, economic zones, and continental shelf through legislation in parliament, known as the Territorial and Maritime Zones Act 1974.

The economic zone under the law is extended to 200 nautical miles from its baselines and the continental shelf goes to a distance of 350 miles. The baseline from which the territorial sea, and economic zone is measured has been described in geographical coordinates (longitudes and latitudes) through a gazetted public notification of the government so that other nations could know the exact claim of Bangladesh.

If the reported news of India's intended exploration in the Bay of Bengal is correct, India will be laying its hands on the blocks of marine areas that are claimed by Bangladesh in 1974. By all canons of international law and legal precedents, coupled with domestic law on the subject, it is strongly argued that the areas in question fall within the Bangladesh territory.

As far as international law is concerned, Articles 76 and 82 of the 1982 UN Convention on the Law of the Seas lay down the methods of delimitation of sea boundary between adjacent states (distinct from opposite states, such as Sri Lanka and India). First the states shall settle the boundary through negotiations. If negotiations fail, the principle of equity will apply, implying that justice and fairness must be the hallmark of settlement.

Since the areas in the Bay of Bengal have yet to be delimited, legally and politically, India's reported action is contrary to the spirit of good neighbourliness and mutual respect.

Bangladesh and India commenced negotiations on delimitation of maritime boundary in 1974 (the writer was involved with the negotiations). The sea-boundary line could not be settled because India's proposed line that was contrary to international law as decided by the World Court in 1969 on the North Sea Continental Shelf Case. The proposed boundary would leave little maritime area for Bangladesh in the Bay of Bengal, turning Bangladesh into a "sea-locked country."

Several meetings took place between 1974 and 1982 on the subject, but India reportedly remained firm in its position that was not only contrary to international law but also ignored the geo-morphological features, including the indented nature of coastal belt of Bangladesh and concavity of its coasts.

Bangladesh's case is straightforward and simple Looking at the map of Bangladesh, its land domain is rectangular in shape and since the Bay of Bengal is located on the south of the land territory of Bangladesh, it gives Bangladesh the right to claim marine areas in rectangular orientation extending 200 nautical miles to the south in the Bay of Bengal from the extremities of its land territory.

Another fact is that the delimitation of sea boundary between two lateral or adjacent states, such as Bangladesh and India, is different from that of opposite states such as India and Sri Lanka or Australia and Indonesia.

Geographical position plays an important part in delimitation of sea boundary and equitable principles come into play in the case of adjacent states. The method of delimitation (equidistant method) between two opposite states does not apply between adjacent states because it grossly distorts the boundary, contrary to the principles of fairness and justice (equity).

India's claim of South Talpatty Island complicated the negotiations on sea boundary.

This dispute, in turn, has raised an important question as to the exact boundary line on the Hariabhanga river that separates Bangladesh and India in the west.

The 1947 Radcliffe Award of Indo-Pakistan boundary did not adequately address the issue because the international boundary of the river remains undemarcated up to the point of the river meeting the estuary on the sea.

Bangladesh, at one stage during negotiations, proposed a joint Bangladesh-India marine survey on the Hariabhanga river to come up with a report on the exact position of deep water navigable channel of the river so as to demarcate the river boundary and also to ascertain the existence of another low-tide elevation (India calls it Purbasha Island).

Unless the border river is demarcated, the main channel of the river cannot be determined and as a result, ownership of South Talpatty and the sea boundary in turn cannot be resolved. The precise issue is as to whether the main channel runs east or west of the island. Some experts have questioned whether South Talpatty can be called an island because it does not remain above water during high tide. They argue it is a low-tide elevation.

However we may describe it, India remained silent to proposed survey although it agreed in principle in 1979. Later, Bangladesh provided to India data including satellite imageries of the flow of the river. Since 1974, regrettably India has not accorded any priority to implement Bangladesh's proposal to resolve the issue.

The Bangladesh government published a White Paper on South Talpatty and submitted to the Parliament on May 16, 1981. The Paper convincingly argues the merits of Bangladesh's case.

With the increase of population in Bangladesh (242 million by 2050, according to the UN), Bangladesh will gradually turn its attention to rich marine resources for food and other needs of its people. It is reported by scientists that resources on sea are much more fruitful than those on land. As our land-resources deplete, it will be necessary for Bangladesh to depend increasingly on sea resources.

The marine areas adjoining in the Bay of Bengal need to be resolved and demarcated in order to avoid unnecessary tension between the two neighbouring countries. It is hoped that both countries may commence negotiations as soon as practicable on the important subject; until then, it would be prudent for India not to explore oil and gas in the maritime areas that are claimed by Bangladesh.

Barrister Harun ur Rashid is a former Bangladesh Ambassador to the UN, Geneva.

Is India taking advantage? - TamilCanadian

[idune]

DELHI TARGETS TALPATTI, OFFSHORE OIL : India wants Dhaka's nod on maritime issue

Apr 24, 2009 at 2:43 AM

By Moinuddin Naser in New York

Though the sudden visit of Indian foreign secretary Shiv Sankar Menon to Bangladesh just at the advent of elections of the Indian Lok Sabha raised a lot of speculations in the media, the diplomatic circles in the United Nations confided to the Holiday that the visit was mainly related to submission of the Indian claim on the South Talpatty to the United Nations.

No time to wait

India wants to be certain that Bangladesh would not raise any objection against Delhi's claim on the South Talpatti and the water territory in the Bay of Bengal, while the country will have to submit its claim on June 29 this year under the UN Convention on the Law of the Sea (UNCLOS). To fulfil its target India has got no time to wait until the end of election.

Of course Mynamar will have to submit this claim under UNCLOS on May 21, this year. Bangladesh will have to submit its claim before July 27, 2011.

UN Law of the Sea
The sources said that meanwhile pending the resolution to maritime boundary with Bangladesh, India has already started exploration of oil and gas near South Talpatty. If India claims the maritime boundary near South Talpatty, and Bangladesh raises objection against the claim, that will create an international issue, while the UN Convention on the Law of the Sea is very sensitive in maintaining peace in delimiting the water boundary of all countries. The law is also specific in this regard.

During the First week of November last year, the naval forces of Myanamar and Bangladesh came face to face in the Bay of Bengal, when South Korean Company Daewoo had started exploration work in AD Block and Bangladesh noticed that attempt on November 2, 2008. But Bangladesh Navy remained silencet about the Indian activities near Talpatti. India already started exploration under sixth round of new exploration licensing policy.

Two marine blocks for oil and gas close to the Sundarbans of Bangladesh in the Bay of Bengal are being explored. The oil and gas hungry Indian Foreign Secretary's visit to Bangladesh, though was very untimely just prior to the election of India, but he could not wait but to come at that time as he has to finish his claim on the water territory to submit that before the United Nations.

The diplomatic sources, on condition of anonymity, said the Permanent Mission of Bangladesh in the UN was not briefed as to how they would react to that issue in the United Nations, when the report will be submitted. But by now the Bangladesh mission must have taken preparation to deal with India and Myanmar both efficiently and effectively.

Goals, "dos and don'ts"
The sources further disclosed that there were three definite goals of Shiv Sankar Menon in Bangladesh. First, delimitation of maritime boundary; second, to convince Bangladesh not to raise any objection against exploration of oil and gas in two blocks within Bangladesh maritime boundary; and third, the"dos and don'ts" on the part of Bangladesh regarding the BDR massacre.

In addition to these three issues Menon also made it clear to the Bangladesh Government that Moyeen U Ahmed is their man of trust and Bangladesh should not be persistent to give objection against the Tipaimukh dam on Barak river. Earlier Bangladesh raised the issue to the United Nation Environment Programme and said that the dam would wreak havoc on the environment at the north eastern part of Bangladesh and India.

Menon also gave standing offer to Foreign Minister Dipu Moni to visit the area to see for herself that the dam will not be that much environmentally disastrous.

200 nautical miles
It may be mentioned that the international law allows every country to have and use 200 nautical miles from its coast to the sea. But the Indian side did not want to go by that law. Since 1980, India used forces to occupy the South Talpatty, by violating all norms. On many occasions in the past when Bangladesh Navy wanted to move around the Bangladesh's normal economic zone, they came under attack by the Indian Navy. Still India is hoisting its flag there.

India side using its forced claimed that the law gave rise to tricky situation as the coasts of India, Bangladesh and Myanmar follow a curve, which implies overlapping of territory. That has led to the disagreement on their maritime border.

Committee of 2004
In the year 2004, the Bangladesh Foreign Ministry in order to find out a way to mark the deep-sea territory fulfilling requirements of the UN and as per the law of the sea formed a committee with members from Petrobangla, Geological Survey of Bangladesh, the Navy, SPAARSO, Inland Water Transport Authority and Surveyor of Bangladesh. But the committee is yet to produce any report, which could be a tool for the Bangladesh Mission to deal with India in the UN.

India and the international oil exploring companies believe that the Bay of Bengal is full of oil. 28 blocks were demarcated by Bangladesh, and some of them were leased out to foreign companies, specially to the US companies during 1990s. But the decision of Bangladesh was objected by both India and Myanmar. Now India is exploring inside Bangladesh territory without caring for international norms, while Myanmar remained silent after the tension between the two countries during last November.

India's Bangladesh policy
It is learnt that now India could effectively convince the US administration not to interfere in the oil and gas exploration by India at the Bay of Bengal, while India has clearly supported the Obama's policy towards Afghanistan and Pakistan.

Diplomatic sources said that so long America will get support of India regarding its Afghan policy it will not disturb India regarding its policy towards Bangladesh and other small states in the eastern sides.

It may be mentioned that just prior to 10 days of the death of Ziaur Rahman in the year 1981, the Bangladesh Foreign Ministry published the white paper on South Talpatti. After that no substantive work has been done to establish the claim of Bangladesh on that great island. India wants to settle the score on Maritime territorial boundary of Bangladesh to its advantage, while Bangladesh government is warned about the rise of 'fundamentalism.' at home front.

DELHI TARGETS TALPATTI, OFFSHORE OIL : India wants Dhaka's nod on maritime issue - Vox

[white_pawn]

Tiny island dominates India-Bangladesh talks

Dhaka:The location of a tiny island and the flow of a river into the Bay of Bengal are the main points of negotiation as India and Bangladesh discuss their maritime boundary after a gap of 28 years.

The island is called South Talpatty by Bangladesh and Purbasha or New Moore Island by India. The flow of Haribhanga river's channels around it is one of the principal points of dispute between the two neighbours.

As per the rules drawn up by Sir Cyril Radcliffe for demarcating the border when India was partitioned and Pakistan was created in 1947, if there is a river on the border, then the mid-current of the river will be the borderline. Since its emergence in 1971, Bangladesh has been identifying its border according to the Radcliffe rules.

Bangladesh officials claim that the main channel of the Hariabhanga river flows through the west side of South Talpatty while their Indian counterparts claim the eastern channel is the main flow, The Daily Star newspaper said Tuesday.

The island is still in formation, visible only during low tides, emerging in the estuary of the Hariabhanga river, the bordering river in the south-western part of the country.

"We've just started talks and the discussion has been very cordial," said M.A.K. Mahmud, additional secretary to the foreign ministry, who is leading the 15-member Bangladesh delegation at the three day talks that began Monday.

The northern reach of the Bay of Bengal is shared by India, Bangladesh and Myanmar. While India is both conducting its off-shore operations and allocating blocks for exploration to foreign multinationals, the latter approach is adopted by Bangladesh and Myanmar too.

In recent years, claims of overlapping territories have piled up with the three, particularly Bangladesh and India, challenging each other's decisions.

Dhaka is claiming rights over an exclusive economic zone for extraction of marine resources, the New Age newspaper said Tuesday.

In the absence of an accepted exclusive economic zone, India and Myanmar recently opposed Bangladesh's offshore block bidding for exploration of oil and gas even within the territorial sea of the country.

Also under discussion is the issue of continental shelves in the bay. The UN Convention on Law of the Sea allows a country to claim 350 nautical miles as its continental shelve.

Bangladesh and India had last held talks in 1980 to iron out differences on the contentious maritime boundary in the resource-rich Bay of Bengal.

Dhaka says New Delhi has been lukewarm to talks on maritime boundary, but its officials also blame their own lack of preparation and expertise to counter the Indian claims.

As signatories to the UN convention, Dhaka and New Delhi must submit their claims to the UN by 2011 and 2009, respectively.

Tiny island dominates India-Bangladesh talks

[Stumper]

White Pawn : Whats the base line here for calculating the equidistant line? I assume India's stand is that we will consider Mainland and the islands to calculate, whereas BD says they need equal share since they share the bay with India.

[white_pawn]

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Basically as per rules drawn up by Sir Cyril Radcliffe its was mentioned that the mid-current of the river will be the borderline and Bangladesh officials claim that the main channel of the Hariabhanga river flows through the west side of South Talpatty while their Indian officials claim the eastern channel is the main flow. So now there is a conflict is of which is the main channel of the river. Check the below map.

map.JPG