The northeastern part of India, as well as the surrounding countries of Southeast Asia, is a fascinating seismotectonic zone. The region is bordered on the north by the eastern and northeastern Himalayas, on the east by the Indo-Burma ranges/Myanmar, on the south by Bangladesh, and on the southeast by the Andaman-Sumatra region.
Bangladesh’s southeast has a land border with Myanmar of 210 kilometers (130 miles) and India of 330 kilometers (205 miles). According to an analyst, insurgents such as Myanmar’s Arakan Army have slipped through the porous borders, attacking Bangladeshi border police on at least one occasion.
The three bilateral ties have enough content and context to begin working on potential trilateral cooperation initiatives. This would not only benefit all three nations participating, but it will also encourage increased cooperation in broader setups like BIMSTEC or BCIM-EC, as these three countries serve as the geographical fulcrum for the other frameworks.
Bangladesh and Myanmar are two of India’s most important potential economic partners, but non-trade obstacles such as connectivity, investments, infrastructure, logistics, and technical capacity have prevented them from realizing their potential.
In recent years, there has been a lot of talk in Indian policy circles about expanding regional cooperation with India’s eastern neighbors. Although politically difficult, the concept of more commerce, investment, and connection among Bangladesh, Myanmar, and India’s North-Eastern states is worthwhile to pursue, especially given that this region, one of the least integrated in the world, is home to some of the world’s poorest people.
The recent economic and political changes in Myanmar, as well as the Modi government’s ‘Look East’ economic policy, highlight the critical need to integrate one of South Asia’s least developed regions, namely India’s north eastern states, Bangladesh, and Myanmar, which share borders.
According to media reports, Bangladesh has already announced that a road-building project in the remote Chittagong Hill Tracts and Cox’s Bazar will be extended until 2024, claiming that the increased infrastructure would assist combat illegal smuggling across the nearby Myanmar and India borders, among other things.
The amended proposal for the road system in the steep and generally inaccessible southeastern region was approved by the National Economic Council Executive Committee, led by the Bangladesh prime minister.
The roads and highways department plans to construct a 317-kilometer (197-mile) border road in three Chittagong Hill Tracts districts – Rangamati, Khagrachhari, and Bandarban – as well as Cox’s Bazar district, which will run along Myanmar’s and northeastern Indian states’ borders.
Border Guard Bangladesh’s operations are hampered by the region’s hills and dense vegetation. For the first time in 2020, the government purchased two helicopters for the BGB along the southeastern border.
The construction of the border road would make it easier for our soldiers to get from one outpost to another, making border patrol more efficient. Arms and narcotics smuggling would be prohibited.
Improved communication linkages in the districts of Rangamati, Bandarban, Khagrachhari, and Cox’s Bazar, as well as “government control in the bordering areas through increased security measures.” Can help to tackle some common regional problems amongst India-Bangladesh-Myanmar. Border smuggling of illegal weaponry, narcotics, and human trafficking would be combated with such methods.
The rugged and inaccessible terrain has been exploited by separatist movements. A group of Arakan Army militants from the Myanmar side attacked BGB in Bandarban area on Aug. 25, 2015, wounded two soldiers.
The terrain in Chittagong Hill Tracts and Cox’s Bazar along the border has been extremely difficult and impassable. Cross-border criminal syndicates use this rugged hilly terrain to smuggle arms, narcotics, and other goods, while different separatist factions travel freely between countries.
The Arakan Army frequently enters Bangladesh territory from Myanmar because BGB members are unable to patrol all of the time, and anti-Bangladesh forces readily cross into Myanmar Once the route is finished, criminals and separatist organizations will be unable to move.
India suggested the pipeline in the early 2000s, but the Bangladeshi government rejected it. In 2015, during talks between Indian Prime Minister Narendra Modi and Bangladeshi Prime Minister Sheikh Hasina, a pipeline was once again suggested. It was included in India’s Hydrocarbon Vision 2030 plan, which was published in 2016. India’s Minister of Petroleum and Natural Gas, Dharmendra Pradhan, claimed in December 2018 that India was still looking on ways to expand its gas network to Bangladesh via Myanmar. However, no updates on the resuscitation of this trilateral pipeline arrangement are publicly available as of August 2021, hence the project is presumed canceled. But this trilateral project will benefit India-Bangladesh-Myanmar if the project can be implemented successfully. Thus, all need to think about the revival India-Myanmar-Bangladesh Gas Pipeline project.
Bangladesh always shows interest in joining the India-Myanmar-Thailand (IMT) trilateral expressway to improve connectivity with Southeast Asia, which would usher in a new age of Indo-Pacific trans-border corridors. During Prime Minister Sheikh Hasina’s virtual summit with her counterpart Narendra Modi in 2020, Dhaka showed interest in joining IMT, despite the fact that BCIM has made little progress. According to the joint statement issued at the end of the summit, she requested India’s assistance in enabling Bangladesh to join the effort. The higher connectivity of India’s North-Eastern states with Bangladesh and Myanmar can benefit the region.
Rohingya refugee crisis destabilizes the whole sub-region which needs to be resolved as soon as possible. India should and must help solve this long-pending refugee crisis for the greater interest of the three sub-regional countries. It is unnecessary to quote that India would be one of the beneficiaries if the fruitful and sustainable solution of Rohingya crisis could be found. India should make Myanmar understand about this issue.
After coming to power in January 2009, Sheikh Hasina adopted the policy of regional peace and stability and is taking action against Indian insurgents’ groups who have been using Bangladeshi territory. It is Sheikh Hasina (of course) who would never allow any kind of support towards the extremist and separatist groups from Myanmar and India. Thus, it is India and Myanmar’s responsibility to cooperate Bangladesh to keep the region peaceful. India, Myanmar and Bangladesh must work trilaterally in combatting these common threats.
In the case of Myanmar, after 1962, there was some confusion in Indo-Myanmar ties. Myanmar responded by allowing Indian militants to operate on its soil. Furthermore, India’s border with Myanmar is largely forested, and rebels exploit it without Myanmarese authorities’ knowledge. However, the Myanmar government has recently made various moves to combat Indian rebel groups.
Bangladesh shares a land border with India, which is strategically located in the Bay of Bengal. Greater connectivity amongst India, Bangladesh and Myanmar via India’s north east and Bangladesh would be strategically. Any trilateral initiatives to strengthen links will benefit the North East, and it will be interesting to see how the region evolves.
The improvement of political relations between Bangladesh, India, and Myanmar, as well as the resolution of long-standing maritime territorial issues in 2012 and 2014 respectively, present an ideal opportunity to explore trilateral cooperation in resource sharing, inter-linking connectivity, and combined security measures.
Even though bilateral security cooperation has grown over time, new forms of collaborative security activities between the three countries can be explored. Similar to the trilateral maritime security cooperation between India, the Maldives, and Sri Lanka, India can establish trilateral naval security cooperation with Bangladesh and Myanmar. India already conducts joint military exercises with Bangladesh and Myanmar, which might be expanded into trilateral drills to counter transnational security issues in the Bay of Bengal region. All three stake holders should ensure proper utilization of blue economy collectively.
Collaboration between the three countries can maximize the region’s abundant natural resources. The BoB’s maritime border disputes between Bangladesh and India, as well as between Bangladesh and Myanmar, provide an opportunity for the three nations to begin collaborative natural resource development.
Bangladesh shares a border with the five Indian states of West Bengal, Assam, Meghalaya, Mizoram, and Tripura and Myanmar. This provides the three countries a number of interesting opportunities to work closely together. As the world ‘pivots to Asia’ and the Indian look East policy transforms to the Act East policy, Bangladesh, Myanmar and India have the potential to be an important part of the great endeavor of greater trade in the region.
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I am a lady school teacher in Bangladesh. I am a resident of Rajshahi City Corporation in Bangladesh. Teaching is my profession. On the other hand, I am also a local social worker. My academic background: Honors and Masters in ' Political Science' from the University of Rajshahi.
Kashmir as a Humanitarian Issue
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Authors: Harsh Mahaseth and Niharika Goel*
When the MV X-Press Pearl cargo ship owned by a Singapore-based company caught fire near the Colombo harbour of Sri Lanka, it caused the worst catastrophe of the decade. While the coordination amongst the involved countries stood disturbed, it posed a conundrum regarding who shall be held liable for the damages involved.
The Singaporean ship set sail from Malaysia, entering service in February of 2021. However, while returning from its third journey from Qatar to Malaysia, it sunk off the coast of Sri Lanka, near the Colombo harbor, after it caught fire. The crew was attempting to tow the vessel into deeper waters when the mishappening took place. Navy Media spokesman Captain Indika de Silva said,
“The towing the ship to the deeper seas was abandoned as the stern of the ship sank to the sea bed while it was being towed 500 to 600 m westward.”
This vessel was ablaze at the Sri-Lanka’s shoreline for thirteen days. By late June, only four months after it had first headed out, the desolated transport was sitting 70 feet underneath the Indian Ocean. The spread of pellets and nurdles, surprisingly found in the gills and paunches of dead fishes, is predicted to reach the Indian coastline, Maldives, Madagascar, Thailand and Indonesia owing to the currents caused by the cyclone Yaas. Other controversial elements, including synthetic compounds like nitric corrosive, sodium dioxide, copper, and lead would also not take long to enter the human circulatory systems because of the wide utilization of fish in the concerned area.
Being a vessel registered to the flag of Singapore, manufactured by a company in China, insured by a company in the United Kingdom, enroute via India to Malaysia from Saudi Arabia, creating a catastrophe at Sri Lanka builds a jurisdictional conundrum. The crew was aware of the corrosive, toxic and flammable liquid, nitric acid when it was loaded in Dubai. Adding to the complexity, they were also denied permission by Qatar and India to dock the ship which resulted in a longer than usual route. Despite such lack of cooperation between the concerned nations, along with limited offshore capacities, the vessel progressed into Sri Lankan waters with its controversial cargo onboard.
Under United Nations Convention of the Law of the Sea, the limit of territorial sea of a State extends to 12 nautical miles from the baseline under Article 3, the Contiguous Zone extends to 24 nautical miles from the baseline under Article 33 and the breadth of Exclusive Economic Zone (EEZ) extends to 200 nautical miles from the baseline from which the breadth of the territorial sea is measured under Article 57. Location of the sinking ship or ship wreck has been within the territorial sea lesser than 12 nautical miles from the shore of Sri Lanka. Further, the commonly accepted polluter pays principle states that those who produce the pollution shall bear the cost to reduce, if not eliminate, the environmental damage caused by such catastrophe. The owner of the company and the flagged country is Singapore which thus, will be equally liable.
Article 235 and Article 192 of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 creates general obligations on the state to protect the marine environment, to which Sri Lanka is a signatory. Article 220(6) when read with Article 211(6) of UNCLOS provides states the power to enact laws for damages and institute proceedings, in cases with evidence of a violation by a vessel causing damage or threat of damage to economic zone. While, lacunae present in the legal remedies pertaining to damages caused by hazardous noxious substances is abridged by the Hazardous and Noxious Substance (HNS) Convention and the 2010 protocol by a two-tier compensation regime but the convention is still pending ratification by the required number of states and thus has not come into force yet. To bridge the gap in the provisions regarding matters concerning hazardous substance, the definition of a harmful substance under Section 2(2) of the MARPOL Convention, provides to mean any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the Convention.
Part VIII (Prevention of Pollution – Criminal Liability) and Part IX (Prevention of Pollution – Civil Liability) of the Sri Lanka’s Marine Pollution Prevention Act, 2008 enumerate civil and criminal liability in the MV X Press Pearl case. Section 26(a) of the Act will impose criminal liability on the owner, master, or agent of the ship charging fine up to Rs. 4 Million (not exceeding Rs. 14 Million) if any oil, harmful substance, or pollutant is discharged into the territorial borders of Sri Lanka, and civil liability under Section 34 provides for unlimited recovery of any damages caused by the pollutant, costs of measures taken for the purpose of reducing/removing such pollutant from the territorial waters of Sri Lanka.
Ship owners register their vessel in a country other than that of the ship owners to avoid stringent taxes under the business practice termed Flag of convenience (FOC). For such flag states, the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) enforces responsibilities ensuring that the vessels comply with the rules and standards of the registered state jurisdiction including periodic inspections of the vessels, and prohibition of vessels from flying their flags in cases of non-compliance. Keeping in consideration the cargo onboard, the Hague Visby Rules obligates a contract of carriage evidenced by the bill of lading which would invariably provide for application of. For an owner to exclude any liability under the Hague Visby Rules, they need to establish and prove that they exercised due diligence in the beginning of the voyage (Article III (1)) and they had taken continuous care of the cargo under their responsibility (Article III (2)).
The flag state, Singapore also stands liable under Article 3 of the International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention), 2001 which provides for strict liability of the owner under three heads of pollution damage. Damage caused in Singapore by the contamination, entire costs and expenses incurred in establishing reasonable measures to reduce the damage, and any additional damages caused to Singapore due to any such measures will also be recovered. In conclusion, the owner of the ship will not only be liable to pay for the damages caused but also for costs incurred in the restoration of such damages. As Article 3 provides for strict liability of the owner, there are limited defences available for the owner namely act of war or inevitable phenonmenon, a third party not an employee or agent of the owner, negligent act of government in exercising functions of navigations aids were the cause of discharge by the vessel. However, a strict liability arises imposed on the vessel owner and their insurers for the costs of any preventive or recovery measures. While the Convention for Limitation of Liability for Maritime Claims (LLMC), 1976 administers compensation amount to be paid by ship owners in such cases, the subsequently amended LLMC agreed in 1996 (the 1996 Protocol) subsequently increases the cap for compensation in direct proportion to the gross tonnage of the vessel with no prescribed defences available. The matter can also be subjected to an ad hoc arbitration agreement after due consent of the parties involved, which is preferable in claims of contracts of carriage for a more flexible and confidential settlement of the dispute.
The Centre for Environmental Justice has filed charges against the Sri Lankan Government, as well as the shipping company involved with the situation alleged that the ship-owners already knew about the concerned acid leak, and asked for both civil and criminal action with the crew being taken into custody. The vessel’s operator, X-Press Feeders paid an initial payment of $3.6 million against the $300 million USD sought to the Sri Lankan Government.
*Niharika Goel is a final-year law student who is also working as a research assistant to Assistant Professor Harsh Mahaseth.
An increasingly restless earth is producing climate anomalies in distant regions. Europe has just emerged from a severe drought only to be flooded by heavy rains. Pakistan, too, has been inundated, and as the poor possess fewer resources their suffering is worse. Its province of Balochistan is one example.
According to Pakistan’s environment minister, Sherry Rehman, the monsoon season affects the region usually in three or four waves bringing in much needed rain. This year they have already had eight waves and severe flooding is the result. Bridges have been washed out leaving many people stranded away from their homes. These, which are often constructed of mud, have not been spared.
Aid is difficult to provide quickly when many roads and bridges have become unusable. As often happens, the army has been called in and also the navy as the area has become a virtual inland sea. Also in a relatively sparsely populated region the problem of reaching everyone in need quickly is understandable.
Ths catastrophe is being called the country’s worst natural disaster on record. The National Disaster Management Authority (NDMA) estimates that 287,412 homes have been completely destroyed and another 662,446 partially destroyed. The death toll has surpassed 1000, and the NDMA estimates that 1 in 7 of the population or 33 million people have been affected.
In addition, the floods have covered millions of acres of farmland inundating the crop fields and adding to the losses of flood victims — the tragedy is the crops were ready for harvest. The inevitable consequence is soaring prices across the country.
Cumulative infrastructure data since mid-June shows 3451km (2000 miles approximately) of roads damaged or washed away and 149 collapsed bridges leaving a colossal task of repair and restoration.
The UN Secretary General, Antonio Guterres, a former prime minister of Portugal, is familiar with power plays and counterplays but is no doubt shocked at Pakistan’s neighbor India — right next door and so far immune to Pakistan’s calls for international help when a third of the country is under water.
Guterres has called it “a monsoon on steroids” and launched a $160 million appeal in aid of those affected by the disaster. He has also drawn attention to global warming: “Let’s stop sleepwalking towards the destruction of our planet by climate change. Today, it’s Pakistan; tomorrow it could be your country.” His UN appeal would supply 5.2 million people with food, water, sanitation, and continuing emergency education and health support.
Meanwhile the monsoon is set to continue according to the latest weather reports. If ‘hell or high water’ is an expression intended to express extreme difficulties, a poor South Asian country is suffering both and needs our help.
Kashmir is suffering through brutal fight of terror since 1990, but India has failed to crush the right of self-determination of Kashmir. Kashmir valley is filled with thousands of Indian forces that are trying to control the mounting sentiments of public against India by the use of force. India has imposed many inhuman laws to legitimize the use of force and repress Kashmir’s.
Without any doubt, everyone knows that the cruelty and brutality of Indian forces in Indian occupied Kashmir is to create fear and to suppress the Kashmiris. India has failed to suppress Kashmiris by Indian laws, which only resulted in massive violation of human rights. A lot of work has been done on the issue of Kashmir, but most work is on historical and ideological perspectives of Kashmir issue, violence caused by accession to India. There is not much work specifically on the international human right violation, which is caused by different Indian laws. To understand the specific laws, which are meant to create peace in Kashmir but unfortunately cause more destruction, and violence, which has resulted in more important step, which should be taken by the World, not for the Kashmiris struggle but for their fundamental rights to life and liberty as well.
Iffat Malik’s book “Kashmir ethnic conflict International Dispute” analyzed that Kashmir issue as an ethnic conflict and as an international dispute is closely interlinked. To resolve the Kashmir issue, it is important to understand the importance of ethnic conflict between two main groups, i.e. Muslims and Pundits. Pandits are more conscious of being Hindu whereas Kashmiri Muslims of being Muslims, both ethnic groups are strong rooted with their religion. Differences also lie in the attitudes of both these groups to India, Muslims have drawn further away from India, and Pandits have drawn closer to it. The Kashmir conflict forced Pandit to increase their fear as a minority within Kashmir, which resulted in Hindus more conscious and closer to India. An increasing number of Kashmiri Muslims want Independence. The ethnic conflict in the valley thus remains distinct from the international dispute between India and Pakistan. Pakistan is backing the Kashmiri Muslims with the intention that the state accede to it; Pakistan and the Kashmiri Muslims have a common goal of ending Indian rule in Kashmir. In Kashmir, people have real grievances against New Delhi but Indian government blame for the ethnic conflict on 11 Pakistan. Kashmir issue has been dragged so much that now both countries need strong government to handle this border dispute. Now there are three parties, Pakistan, India and Kashmir involved in this international dispute as internal politics of Kashmir has harden the situation too.
It’s very unfortunate that India who is framed to be World’s Largest Democracy not respect the freedom of expression in media. Democratic Nations should stay committed to the values of human rights moreover they should show tolerance even in the toughest and challenging times. However “Right to freedom of expression” is an inseparable element of “Democracy” and it is essential to guarantee and respect the fundamental rights of every individual which are even protected in the constitution and international instruments for the survival of democracy.
Since World War II, international political system has been dominated by the super powers and there has been great influence of United States of America and Soviet Union on South Asia, which has been a major barrier in reaching on a decision of Kashmir issue. Another reason behind the failure of United Nation has been Indian government, the non-corporative attitude, the way Indian government avoided plebiscite, because they knew that Kashmir, which is highly populated by Muslim majority, would vote in favor of Pakistan. Indian representatives never took interest in Security Council debates, as it was quite clear that India wanted to buy more time. Nehru backed out of his words of plebiscite since 1955 and reportedly offered for status quo settlement subject only to minor boundary adjustments. Actually Indian government wanted a conclusion from United Nations against Pakistan, but United Nations refused, on which Nehru refused to hold plebiscite.
Realist and Liberalist Perspective on Human Right Violation in Kashmir
Realism talks about power, main aim of state is to maximize their power. Keeping in mind state seeks power; India has the same objective in Kashmir. There are many reasons that India wants to maintain its dominance in Kashmir through its security forces. Realism is about national interest for survival, and as in anarchic environment state is the only one who has to compete for its survival. “Concept of Security” defines expertly the relation between national security and human security, as they both are interlinked, with time connection of national and human security.
Perspectives have been observed which can be understood by an example of outwardly aggressive and inwardly repressive regimes can be a major source of human insecurity. Major reason stated for promoting a human security perspective is that of an “enlightened self-interest”. A state for survival has to respect the security of its citizens, and the security of citizens of other states. This demonstrates one possible connection between human security especially aspects of livelihood security and how these interact with national security issues. Kashmir is fighting for the right of self-determination, which India is not ready to give. India for its national interest and power, is keeping dominance in Kashmir through its security force and terror of its laws to maintain its power in South Asia region. India can only keep its control on the resources of Jammu & Kashmir by power, otherwise once Kashmir freedom movement succeeds, Indian economy and agriculture will be influenced. Kashmir has a great strategic, political and economic significance, which are imperative for India and Pakistan. Water is the central and an important need of any country’s survival. It is water that India is determined or won’t be wrong to say obdurate to keep Kashmir in its territory, without the willingness of the people of Kashmir. There are six rivers under Indus Basin Rivers in which the Indus itself, Chenab, Jhelum, Beas, Sutlej and Ravi, which originate in the Jammu & Kashmir. India is very much dependent on these rivers, as well Pakistan. There is common dependency of these two countries, which is agriculture, which relies on waters of Indus Basin Rivers. Pakistan is more dependent on river waters than India. India has some other sources of water too. Indian agricultural reliance on Indus Basin River is similar and equal to Pakistan.
Production of agriculture from Kashmir, contributes large portion to the India economy, which include apple, timber and saffron. Due to India’s occupation of Kashmir, it is geography of the rivers, which gives strategic dominance to India in the issue of water. India is dependent for agriculture, generation of hydropower and irrigation on the river waters in Kashmir. In 1957, Mr. Patel, Indian irrigation minister said, that India would not wait for more than 5 years before withdrawing waters from the three eastern rivers irrespective of the resolution of the water dispute. Another on December 2001, on the terrorist attack on the Indian Parliament, India increased the possibility of withdrawing the 1960 Treaty, as part of a strategy of coercive diplomacy with Pakistan. Morgenthau believed that environment plays an important role in shaping the interests to determine political action. Keeping in mind realist perspective, India has same intentions on Kashmir, which is national interest for survival, because of Indus Basin Rivers, which is very important for India’s agriculture, as it supports the Indian economy. However, Liberalism talks about human rights, freedom from authority, equal rights and opportunities, and same laws for everyone. India is one of the largest democratic countries in the world. One of the important characteristics of a democratic country is to protect the basic human rights like give freedom of speech and religion to individual, equal opportunities for everyone under law and an equal chance to everyone to participate politically and economically in a society. Considering the liberalist, India, as a democratic country should provide equal opportunities to everyone, even in Jammu & Kashmir. India claims to have given democratic rights to the people of Kashmir, but by keeping their own national interests. People of Kashmir have been given right to elect the government, but since too long India has been governing in Kashmir through its security forces and have forced people to elect the pro-Indian representatives. In the same way, India has been violating human rights under the umbrella of special laws, these special laws that are implemented by the state. Under these special laws and democracy thousands of innocent people get killed and tortured. India is using Kashmir for its national interest of survival to utilize resources of Kashmir and to boost Indian economy, by claiming democracy and by giving equality under special laws.
Kashmir issue has always been in the highlight of the World, because of its freedom struggle which they are fighting since the ages, but now there is more important issue which not only needs World attention, but it desperately need immediate action by the international community. Democratic Countries are always recognized for their morals and principles, from which India has been contradicting since the partition till now by oppressing Kashmiris in every inhuman way. Unfortunately the role of international community has been seen just in speeches and only in visits. No prominent action has been taken by United Nation against India on violation of International humanitarian law. The poorer condition of human rights in Jammu & Kashmir has resulted disappointment and frustration in Kashmiri youth, but they are still honest with their cause without any fear and terror of Indian security forces and special laws. They believe in peaceful fight and know how to make their voice loud and clear for the World. India must have realized by now, that Kashmiris will never give up from their right of self-determination. Its better if India accept the reality that India will never going to get the vote of confidence from Kashmiris not even by making this chaos with the lives of Kashmiris.
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