India submits report on continental shelf claim to UNCLCS Thursday June 25 2009 14:00:25 PM BDT Moinuddin Naser in New

York The Commission on the Limits of the Continental Shelf (CLCS) will include the Indian submission of its claim on the Bay of Bengal for discussion in its 25th session to be held in New York in March-April 2010. The Executive Summary of the submission, which was gathered by the Holiday Correspondent, shows that India has claimed that the submission is partial and as such India reserves the right to further extend the claim on the Bay of Bengal. Though the submission was made on 11May 2009, again India updated it on 27 May in accordance with Article 76, paragraph 8, of the UN Convention on the Law of the Sea. In this submission India has claimed its right on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. It is noted that the Convention entered into force for India on 29 July 1995. The Executive summary states: This is a partial submission and, as a coastal state in the Southern part of the Bay of Bengal, India reserves the right to make at a later date, notwithstanding the provisions regarding the 10-year period, a separate submission on the outer limits of its continental shelf, based on the provisions of the Statement of Understanding contained in Annex II to the Final Act of the Third United Nations Conference on the Law of the Sea.. Bangladesh still mum However prior to the submission by India, Myanmar submitted the claim, which will be taken for consideration in the 24th session of the CLCS, which will begin in the month of August. Bangladesh is yet to make any objection to the submission by the Myanmar. However as the Indian submission will be taken up for discussion in the 25th session of the commission, Bangladesh will get some additional time to give objection to the claim if there is any. Meanwhile it is seen that China has already given objection to the Vietnam against its Continental Shelf Submission. There is none in Bangladesh Mission in New York who can be contacted to know about the position of Bangladesh while the Permanent Representative Ismat Jahan is preparing to leave to join her new

position in Belgium. Serious Indian efforts The Indian Ministry of Earth Sciences, Ministry of External Affairs, Ministry of Defence, Directorate General of Hydrocarbons, Geological Survey of India, National Centre for Antarctic and Ocean Research, National Geophysical Research Institute, National Hydrographic Office, National Institute of Oceanography, Oil and National Gas Corporation were involved in preparing the claim, the Executive summary of Indian submission stated. The summary stated that since India ratified the Convention on June 29, 1995, it is obliged to submit before 13 May 2009 the information on the outer limits of its continental shelf beyond 2009 nautical miles from the baselines from which the breadth of the territorial sea is measured. However the deadline was June 29, 2009 for this submission, but India had given so much emphasis on it that it did not give any chance to raise question about its obligation. UNCLOS criteria It may be mentioned that the United Nation Convention on the Law of the Sea (UNCLOS) has laid down the scientific and technical criteria for the delineation of the outer limits of the continental shelf beyond 200 nautical miles from the territorial sea baseline of a coastal state. The submission also mentioned that the claim was submitted pursuant to the provision of the convention, but as coastal state in the Southern Part of the Bay of Bengal and in pursuance of the provisions of Statement of Understanding, India reserves the right to make a separate second partial submission of information and data to support the outer limits of the continental shelf in accordance with the provision of the statement at a later date, notwithstanding the provisions regarding the 10-year period. In the submission of continental shelf claim, India intended to establish the outer limits of its continental shelf beyond 200 nautical miles from the territorial sea baselines in Easter Offshore and Western offshore regions. The Eastern Offshore region comprises the region of mainland India in the Bay of Bengal and the Western Offshore Region of Andaman Islands and Western offshore region in the Arabian Sea. Blocking Bangladesh

In the Bay of Bengal India wants to block Bangladesh by extending its continental shelf on the western side of Andaman Islands and on the eastern side of mainland. In the eastern side the Talpatti island and two gas blocks are located in the Sundarban side, according to knowledgeable source in New York. The executive summary of the submission pointed out that India has already resolved dispute over maritime boundary with different countries. But the dispute between India and Pakistan, India and Oman and over Bay of Bengal with IndiaBangladesh Myanmar are yet to be resolved. But it is known to all that the Indian institutions like National Institute of Oceanography helped Myanmar in preparing its submission and as such it is known to all that India and Myanmar have outlined a common strategy regarding Bay of Bengal, which aimed at grabbing Bangladeshs right over the Bay of Bengal and its access to international sea conference routes. Incumbent member of the Commission on the Limits of the Continental Shelf (2007 Present) Dr S Rajan and former member Dr Naresh Kumar Thakur assisted the preparation of Indian submission. But Bangladesh has got no such expert and still the country is playing a deaf and dumb role in this regard, knowledgeable sources said.Though little time is left, the Government is still in slumber and lamentably lagging behind its next-door neighbours in acting on the crucial matter of placing Dhakas claim to the appropriate authority on her right over the economic zone in the Bay of Bengal. For Dhaka to do this, only about two months are left. Shouldnt the Foreign Office have been up and doing by now regarding this vital matter and held a grand national conference of major political leaders, eminent economists, scholars, geographers and so on? Although Bangladesh will have to submit its claim on continental shelf by July 27, 2011, but prior to that she will have to dispute the claims of India and Myanmar before the 24th session of the Commission on the Limits of the Continental Shelf this year. Already India, Myanmar and Sri Lanka have submitted their claim on the Continental Shelf to extend their economic sovereignty on the Bay of Bengal as per Article 76, Part VI of the Law of the Sea Convention. India and Myanmar both have submitted their claim beyond 200 nautical miles (NM) as per provisions. Myanmar updated the claim on April 30, 2009, while India submitted the claim on May 12, 2009 and Sri Lanka submitted the claim on May 8, 2009. Bangladesh will have to submit its claim or dispute, if any, by August before the beginning of the 24th session of the Commission on the Limits of the Continental Shelf to be held in New York from August 10 to September 11, 2009. India, Myanmar against Bangladesh

It is gathered that India and Myanmar have articulated a joint strategy to claim their extended continental shelf over Bay of Bengal so that they can preempt Bangladeshs right over the Bay of Bengal. In fact the Indian institutes helped Myanmar to prepare its claim. Surprisingly, Myanmar did not seek help from any Chinese institute to prepare the claim this time! Knowledgeable source said Myanmar and India both have got together to establish their extended rights over the Bay of Bengal, while both the countries opposed Bangladeshs move to lease out the blocks in Bay of Bengal for exploration of oil to the foreign companies. No paper yet from Dhaka Bangladesh will have to submit its claim on continental shelf by July 27, 2011. But it will have to dispute the claims of India and Myanmar before the 24th session of the commission this year. According to the diplomatic circle in New York, Bangladesh is yet to prepare any paper or report disputing the claimed Continental Shelf by India or Myanmar encroaching the vital economic zone of Bangladesh. Myanmar has made its claim ahead of deadline until May 21, 2009 for submission of its claim, but it submitted ahead of the date. Again, India had time up to June 29, but she has already submitted its claim. Myanmar claimed in 2008 Myanmar had submitted its claim first on December 16, 2008, which was later updated on April 30, 2009 and now waiting for discussioin the claim in the provisional agenda of the 24th session of the Commission on the Limits of the Continental Shelf. In the introduction to its submission Myanmar stated that this claim is made to the United Nations Commission on the Limits of the Continental Shelf (CLCS) pursuant to Article 76, paragraph 8 of the Convention in respect of the establishment of the outer limits of the continental shelf beyond 200 nautical miles (M) from the baselines from which the breadth of the territorial sea of Myanmar is measured. 200 nautical miles It clearly said: Myanmar is making its submission for extension of its continental shelf in the Bay of Bengal, off Rakhine, and referred to as Rakhine Continental Shelf, beyond 200 nautical miles. The country has collected geophysical data from large area for preparation of the submission.

Beyond 200 nautical miles, Yangon will claim at least 60 more nautical miles to satisfy its acquired morphological, geological and tectonic aspects of the data collected from the Bay. The Goa-based National Centre for Antarctic and Ocean Research (NCAOR) of India which led the Indian side for preparation of the claim, was also engaged for quality control purpose of the Myanmar claim, while National Geophysical research Institute (NGRI) of India helped Myanmar for seismic Data processing and interpretation. Dr N.K Thakur, another consultant, who was former member of the Commission, interpreted acquired geophysical data. Besides, many other institutes of Myanmar were involved.. Continental Shelf India took nine years to finalize its claim on continental shelf, while the Goa-based national Centre for Antarctica and Ocean Research led eight organizations to collect data and process them to prepare the report. The Indian report has extended its sovereignty beyond 200 nautical miles and within 350 nautical from the baseline. In fact India completed its preparation for this submission at list six months ago and that was passed through different stakeholder ministries to obtain their consent. According to sources, different studies have so far been collected over seven to eight terabytes of data after surveying the Indian marine area divided into lines totalling 30,000 km. The demarcation of the continental shelf was based on Article 76 of the Part VI of the Law of the Sea Convention which also includes determination of water depth, sedimentary rock thickness and precise mapping of the foot of the continental slope. Serious Indo-Bangla dispute India shares maritime boundaries with Indonesia, Thailand, Bangladesh, Myanmar, Pakistan, Maldives and Sri Lanka. Among them Myanmar, Bangladesh and Srilanka have water territory in the Bay of Bengal. India has already negotiated a deal with Myanamar and Sri Lanka, while it has got serious dispute with Bangladesh. Claiming the continental shelf baseline of the coast is very important. That means from which point the 200 nautical miles will be measured. Bangladesh coastline is very unstable. So Bangladesh demarcated its baseline from a distance of 10 fathom from the shore, which was disputed by both India and Myanmar.

Delhi claims up to 350 NM Now India is claiming up to 350 nautical miles (NM) from its baseline invoking Article 76 clause V, VI, VII and VIII as continental shelf. This is beyond 200 NM, of the normal territory. If Myanmar extends 60 NM beyond 200 nautical miles and India extends up to 350 nautical miles, the curved coast line may stop Bangladesh to get her outlet. Sri Lanka also has submitted its claim on the southern part of the Bay of Bengal beyond 200 nautical miles, while the Indian line has passed with short distance of less than 24 nautical miles and as such India has already proposed a separate agreement on this issue with Sri Lanka. In fact in terms of establishing claim on the Bay of Bengal Bangladesh has become isolated. Bangladesh has to resolve the issue on priority basis.