Dhaka goes to UN tribunal to challenge neighbors’ claim on maritime boundary

Last updated: October 10, 2009

Dhaka, Bangladesh (BBN)- Dhaka is going to submit the maritime boundary dispute to a United Nations tribunal to settle dispute over sea territory with India and Burma that has threatened its rights to explore gas in the Bay of Bengal.

"We have decided to go for arbitration as the issue was not resolved through bilateral discussion with the two neighboring countries in the last 35 years," Foreign Minister of Bangladesh Dipu Moni told a press briefing at the ministry in Dhaka on Thursday.

The minister said government has decided to take the maritime boundary dispute to a compulsory arbitration under the United Nations Convention on the Law of the Sea, or UNCLOS, for a peaceful settlement.

Her comments came hours after Foreign Secretary Mijarul Kayes handed over copies of the notification Dhaka is making to the UN and claim of its sea territory to Indian High Commissioner Pinak Ranjan Chakravarty and Burmese Ambassador U Phae Thoan Oo formally at the foreign ministry in Dhaka.

“We need to delimit our maritime boundary to explore and exploit oil, gas and other natural resources in the Bay to meet our challenges,” the foreign minister said.

A foreign ministry senior official told BBN that Bangladesh had appointed British Jurist Vaughn Lowe QC as its arbitrator to plead the country’s case at the world body.

The foreign minister also said the government would also keep the options for dialogue open, as both countries are "Bangladesh's friends. We remain committed to the on-going negotiations with our neighbors."

The move came as the government last week launched negotiations with two international oil companies (IOCs) --- ConocoPhilips of the United States and Tullow of Ireland --- to sign deals to explore oil and gas in three offshore blocks.

Both India and Burma, which have made large gas discoveries in their parts of the Bay, last week lodged protests over Dhaka's move to grant exploration rights to the two companies, saying the three blocks overlapped their sea-territories.

Bangladesh foreign ministry reacted forcefully against the protests. "The claims of our neighbors have unfairly cut off a significant portion of our maritime area in the Bay of Bengal." "And it prevented us from exploring and exploiting oil and natural gas resources."

The government said it took the maritime dispute to the UNCLOS "with a view to preserving our national wealth and sovereign rights in the Bay of Bengal."

The foreign minister said the arbitration under the convention could end the dispute with the neighbors "amicably in about five years time.”

The ministry said: "Because all three countries are parties to this Convention, they are under an obligation to accept the Final Award of this Tribunal, which we anticipate will take approximately four to five years.”

In September last, the government okayed an energy ministry decision to lease out blocks Nos. 5, 10 and 11 to ConocoPhilips and Tullow Oil plc in the Bay of Bengal for oil and gas exploration.

The ConocoPhillips, the third largest energy company in the US, will get deep-sea blocks Nos. 10 and 11 while Irish company Tullow gets shallow-sea block No. 5, according to the energy ministry.

BBN/SS/SI/AD-10October09-4:10 pm (BST) 

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