The New Nation - Internet Edition

Hasnat Abdul Hye

A TURBULENCE of a non-meteorological kind appeared last week in the Bay of Bengal, when two warships of Myanmar were seen alongside a drilling rig. The warships were obviously guarding the rig while it was drilling for oil or gas. This in itself would not have been extraordinary but for the fact that the warships and the rig were in Bangladesh territorial waters. The Myanmar warships and the rig belonging to a South Korean company had clearly trespassed, challenging the sovereignty of Bangladesh over the area.

If the Myanmar authority thought that Bangladesh would temporise or cringe in fear, they were mistaken. The bluff was called and Bangladesh Navy promptly despatched two of its ships to run the gauntlet thrown by the trespassing warships. For a while an eyeball- to-eyeball confrontation took place, with neither side giving any quarter. Reinforcement by Bangladesh Navy bringing more ships in the area and high-speed diplomacy by Bangladesh foreign ministry led the Myanmar authorities to change their stand. While the Bangladesh Navy ships remained in their position, the two warships of Myanmar and the South Korean rig were later withdrawn. A tense situation that threatened to escalate further was defused. But that was in the Bay. The turbulence that originated in the Bay of Bengal reached the landfall where Myanmar was seen to mobilise border forces and their army along the Bangladesh-Myanmar border. This was an wanton and unprovoked move as was the earlier show of force in the Bay. Bangladesh did not do anything that could precipitate or justify the unfriendly and belligerent action by Myanmar. On the other hand, Bangladesh has taken several steps to place Bangladesh-Myanmar relation on a stronger and durable foundation. The formulation and pursuit of 'Going East' policy by Bangladesh has given Myanmar a crucial role from which will ensue benefits for both countries. Agreement reached with Myanmar to construct communications infrastructures linking up with China is the direct outcome of this policy. When a member of the ruling Junta of Myanmar visited Bangladesh recently he was given a very cordial reception. When he left for home he looked like a guest who was contented. Now, with hindsight, it appears that the visage of the VIP visitor from Myanmar was misleading.

By the yardstick of what has happened in the wake of his visit, it has to be concluded that he was not only dissatisfied but also annoyed, most probably by what he heard in the course of his discussion. He might have been told about the stand of Bangladesh regarding the area in the Bay of Bengal where the two Myanmar warships were sent subsequently, to guard the drilling rig. Bangladesh might have reiterated sovereignty over the territorial waters according to international law. If that claim was disputed by Myanmar the correct thing to do was to engage in bilateral talks using international law, UN conventions and present usage. To bypass this normal and internationally accepted procedure and to resort to force is to behave recklessly and aggressively. Myanmar is guilty of having done both and very deliberately.

Even after the tense situation in the Bay of Bengal was defused, Myanmar authorities have taken two steps to indicate that they are bent upon maintaining belligerency towards Bangladesh and ratchet up the aggressive posture. Firstly, through official radio and controlled media it has been announced that having made successful exploration the rig has moved to another site in the Bay of Bengal. This implies that rigs can come to the same area at a later date. In other words, Myanmar has not accepted the sovereignty of Bangladesh over the area in question. The second is much more serious and aggressive in nature in the present context. According to reports, while the Myanmar authorities removed the warships from the area in the Bay where they were spotted, it has mobilised the army at various points along the border and strengthened the border security force. These are brazen acts of provocation and war-mongering. Evidently, Myanmar wants to send the message that it will use force, if necessary.

Shocking as it is, Myanmar posture should not be seen as surprising. A country that ignores the international community's call for respecting human rights and restoring democracy with contempt can only think of using force when forced with a problem. But unlike the brutal crackdown against innocent civilians, an aggressive move against Bangladesh will not go unchallenged and unpunished. The Foreign Adviser has already declared that Bangladesh will protect its sovereignty at any cost. If she is forced to do so, there will be many countries to support her and the isolation of Myanmar will become even more acute.

Faced with the claim of Bangladesh over the area where the two warships were sent last week, Myanmar can only describe it as 'disputed' and then proceed with negotiation to prove its case. Simply desiring to own an area does not confer ownership, particularly when another country already has claimed it to be within its territorial limits. In fact, by sending two warships to guard the drilling rig Myanmar has already admitted that her claim of ownership is disputed. No country sends warships to an area that is recognised as its integral part.

Negotiation over the 'disputed' area in the Bay of Bengal is not only the peaceable way but also the only honourable manner for Myanmar to settle the dispute amicably. Here rhetorics will not help nor the threat of use of force. Negotiation has to proceed on the basis of facts and figures and existing international law. The UN Law of the Sea and the conventions relating to it are the legal instruments guiding negotiation in such disputes. As none of the two countries have completed the formalities for the application of the UN Law, they cannot depend on it formally at this stage. But there can be a de facto application on the basis of existing data. These data are mainly satellite images which are incontrovertible. The other type of equally robust data is collected by specially equipped ships. Both Bangladesh and Myanmar may have built up database that would define their territorial limits, including special economic zone, but these are not complete and adequate. Both the countries should expedite the collection of necessary data so that the UN Law can be applied in the Bay of Bengal. Meanwhile, pending a final settlement based on international law, what the two countries can do is to agree on areas that they consider as 'disputed' and desist from taking any unilateral action in terms of exploration and drilling. This applies more to Myanmar than to Bangladesh. Ad hoc negotiation can proceed on the basis of whatever data is available, postponing final settlement when both sides are ready with all the data to use the UN framework for this purpose.

Instead of trying to resort to force and ruining good-neighbourly relations, Myanmar should follow the legally recognised procedure. Bangladesh values the friendship and co-operation of Myanmar as a neighbour. This should be reciprocated by Myanmar. Stirring up turbulence in the Bay through deployment of warships and massing troops along the border do not bode well for strengthening of good-neighbourly relations.

According to reports, Myanmar has been engaged in illegal drilling in the area in question for quite some time. This should have been known to our embassy in Myanmar. Not to gather information timely and send it to the Foreign Office has been a serious lapse on its part. As the adage goes: To be forewarned is to be forewarned. This has not been possible in this instance, which is unfortunate.