After a decade and half since its inception in 1997, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) finally has a Charter. The leaders of the seven member grouping (Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand) agreed to adopt and sign the BIMSTEC Charter at the recently concluded 5th BIMSTEC Summit in Colombo, Sri Lanka. The Member States also decided to reduce (from 14 to 7) sectors for cooperation and reorganize the lead country for the pillars. From now on “each of the seven pillar will be led by one of the Member State, who will primarily be responsible for furthering cooperation”.

Prime Minister Modi, in his remarks (virtual) at the Summit, underscored the importance of enhancing cooperation in the BIMSTEC and called upon his counterparts to help “transform Bay of Bengal into a Bridge of Connectivity, Prosperity, and Security”.

Security is an important issue in the Bay of Bengal and features traditional and non-traditional security (NTS) threats and challenges. Given that majority of the Member States have resolved their respective maritime boundary disputes, the regional countries have focused on NTS issues such as counter-terrorism, transnational crime, maritime security, cyber security, disaster relief, climate change-sea level rise, and many other similar threats and challenges in the maritime domain.

In March 2017 the National Security Advisors of BIMSTEC member states agreed to formulate a common maritime security framework for the Bay of Bengal. It was also decided to establish a Track 1.5 BIMSTEC Security Dialogue Forum to promote and encourage security dialogue among BIMSTEC strategic community. Accordingly, the First Meeting of the BIMSTEC Think Tanks Dialogue on Regional Security was held in New Delhi in 2018 which debated issues of maritime security (Maritime Order, Capacity Building, Maritime Connectivity, and Piracy). Among the many recommendations, Maritime Domain Awareness (MDA) in the Bay of Bengal was an important issue. Consequently, a Coastal Security Workshop for BIMSTEC countries was held in 2019.

The above initiatives are noteworthy and reflection of the commitment of the BIMSTEC Member States to enhance maritime security in the Bay of Bengal as also build regional capacity to respond to the various NTS threats and challenges through capacity building.

Any regional security capacity building initiative must necessarily include common understanding of the legal framework. In the maritime context, the 1982 United National Convention of the Law of the Sea (UNCLOS) establishes a comprehensive framework for the regulation and management of the ocean space and addresses a spectrum of issues such as maritime boundaries, safety and security, ownership of sea based living and non-living resources, environment, scientific research, etc.  

The BIMSTEC Member States see the Bay of Bengal as a shared global commons for navigation, resource development and are committed to reducing any negative or adverse impact of human footprint on goods and services obtained and contained therein. This commitment can be achieved by strictly adhering to international legal instruments such as the 1982 UNCLOS also referred to as the Constitution of the Oceans. Significantly, all BIMSTEC Member States have ratified the 1982 UNCLOS.

However, varying interpretation and application of 1982 UNCLOS by States, on dispute resolution, freedom of navigation, sustainable fisheries development and Illegal, Unregulated, and Unreported (IUU) Fishing, protection of the marine environment and issues of Marine Scientific Research (MSR) can potentially result in regional tensions.

India believes that States should resolve disputes through peaceful means without threat or use of force while exercising self-restraint in the conduct of activities that could complicate or escalate disputes affecting peace and stability. Furthermore, India has shown how maritime boundary delimitation matters with neighbours (Bangladesh and Myanmar) can be resolved peacefully particularly in accordance with the provisions of the 1982 UNCLOS. It is in this context that BIMSTEC Member States need to share their respective state legal maritime practice.

India is well positioned to offer a ‘maritime legal capacity building’ programme that would be a platform to exchange views and obtain a better understanding of the legal complexity of the maritime medium. This would also help familiarize BIMSTEC Member States national specialists to harmonize with other Member States different interpretations of 1982 UNCLOS.

India which has been assigned to lead the Security Pillar of the BIMSTEC and can curate a comprehensive legal training programme for maritime law enforcement agencies including magistrates, prosecutors, judicial agencies which would act as force multipliers and enhance regional security.

It can draw from the recent Colombo Security Conclave First Maritime Law Workshop hosted by the Rashtriya Raksha University, Gujarat, in which the participants (Bangladesh, India, Maldives, Mauritius, Seychelles, and Sri Lanka) were unanimous that regular training programme for coastal and maritime law enforcement agencies / surveillance officers are critical for upholding order at sea.

Dr Vijay Sakhuja is Consultant Kalinga International Foundation, New Delhi.