An amazing and visionary formulation of Bangabandhu
Since Bangabandhu’s Territorial Waters and Maritime Zones Act, 1974, Bangladesh has made significant strides in the development and management of its maritime resources
It was the cherished dream of Bangabandhu Sheikh Mujibur Rahman to build a 'Sonar Bangla' through the economic development of post-independence war-ravaged Bangladesh.
In line with this, he realised the importance of sea-based economic development and therefore formulated the "Territorial Waters and Maritime Zones Act, 1974." This Act determined our territorial waters and maritime zones in the Bay of Bengal. Bangladesh is one of the few countries that promulgated such an Act.
Of note, the United Nations Convention on the Law of the Sea (UNCLOS-III) was established into the international framework and signed in 1982. It came into force in 1994 through ratification by 60 countries. Bangabandhu, with his visionary foresightedness, enacted such an Act in 1974, eight years before the existence of UNCLOS-III.
In 2001, Bangladesh signed and became a Member State of the UNCLOS. This legislation was meant to define the extent of territorial waters, continental shelf and other maritime zones of Bangladesh in order to establish jurisdiction over maritime areas and the resources therein, facilitating exploration and exploitation of marine resources in the Bay of Bengal. It serves as the cornerstone of our maritime vision and subsequent maritime development.
The Bay of Bengal is a place of immense potential; the bulk of Bangladesh's international trade, import and export are conducted by sea.
Besides, a large number of the people living in the coastal region of Bangladesh have been making a livelihood by extracting fishery resources. Thus, realising the importance of the maritime sector in national development, Bangabandhu initiated this Act soon after independence.
Indeed, this Act is an imperative roadmap for the conservation and exploitation of our marine resources, and a unique milestone in ensuring the sustainable use and safety of our sea.
Prime Minister Sheikh Hasina, who carried on the revolutionary and forward-thinking ideas of the Father of the Nation, has made unprecedented contributions to the maritime zone through amicable settlement with neighbouring countries.
This was achieved through the International Tribunal for the Law of the Sea (ITLOS) in 2012 with Myanmar and the Arbitral Tribunal in 2014 with India.
Therefore, Bangladesh has made significant strides in the development and management of its maritime resources and it is contributing to the nation's economic growth and prosperity.
It heralds a new era for Bangladesh, leading to substantial maritime developments, including the Blue Economy Initiative and mega strategies like Bangladesh Delta Plan 2100.
Bangabandhu's Territorial Waters and Maritime Zones Act, 1974 remains the bedrock of Bangladesh's maritime vision and aspiration.
Prime Minister Sheikh Hasina enacted the Amended Territorial Waters and Maritime Zones Act in 2021 to update the law according to the modern context and strengthen it further. The amendment was necessary to make the previous 'Act' more time-befitting by reflecting the rights and obligations of UNCLOS-III and to deal with evolving issues with regard to the present day's requisites.
Furthermore, this amendment brought the domestic legislation of our country into conformity with UNCLOS-III and established the sovereignty and sovereign rights of Bangladesh over its maritime areas and offshore resources.
The amendment has newly appended a few issues like the prevention of maritime pollution and its control, protection of the maritime environment, explanation of remotely operated/unmanned/ autonomous underwater crafts etc.
The amendment has also included the provisions of punishment for offences committed in the Exclusive Economic Zone, Continental Shelf and Contiguous Zone.
The terms and conditions, namely Ocean Governance, Blue Economy, Maritime Cooperation, Theft, Piracy, Armed Robbery, Maritime Terrorism etc have also been incorporated. The video, photo and electronic records have been taken into cognisance for judicial purposes.
It has also inserted a few new definitions such as Artificial Island, Dumping of Wastes, Maritime Tribunal, Seabed, Warship etc.
People living along the coast of the Bay of Bengal constitute a significant number of the world's population. Thereby, being a littoral state, Bangladesh is considered a vital country from geostrategic and economic perspectives.
Currently, there is a wave of economic activities in our Bay of Bengal arena and its shores. Various mega projects, including the Bangabandhu Tunnel, Payra Sea Port, Matarbari Deep Sea Port, LNG terminal, various renewable energy plants etc, are some examples.
The maritime stakeholders are working together to ensure sustainable and multidimensional use of marine resources to improve the economy of Bangladesh. Therefore, to establish Bangladesh as a developed country through the development of our maritime sector, the people involved in various professions in this sector must work together.
We are confident that with the huge resources from our sea areas, we will be able to build 'Sonar Bangla' which was the utmost dream of our Father of the Nation.
Captain Mehedi Hassan is in the Bangladesh Navy.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.