Bilateral/Multilateral Bulletin

Vol.1 Issue1 October 2011

PMs Visit to Bangladesh : Teesta didnt happen, but a lot else did.
Prime Minister Manmohan Singhs visit to Bangladesh (6-7 September 2011), the first bilateral visit by an Indian Prime Minister in 12 years to the neighbouring country, carried a heavy load of expectations. The previous bilateral visit by an Indian Prime Minister to Dhaka was in 1999 when Atal Behari Vajpayee went over to inaugurate the Dhaka-Kolkata bus service. But not since the visit of Indira Gandhi has there been a sojourn to Dhaka by an Indian Prime Minister with such an impressive menu on the consolidation and expansion of bilateral relations as Dr Singhs in September 2011. It is, therefore, all the more unfortunate that the last-minute hitch in an agreement on sharing the Teestas waters (and the withdrawal of the West Bengal chief minister from the Prime Ministers team) should have inevitably engaged the primary attention of the media. Understandable in terms of news worthiness, it detracted attention from the 10 agreements and Memorandum of Understandings (details in box) which were signed during the visit along with the 65-clause joint statement that details the steps taken by the countries in the fulfilment of their commitments and the appreciation of each for the steps taken by the other. Bangladesh, several agreement of importance to India, viz, Agreements on Mutual Legal Assistance on Criminal Matters, Transfer of Sentenced Persons, On Combating International Terrorism, Organised Crime and Illicit Drug Trafficking, have been ratified and are now in force. The two Prime Ministers noted with satisfaction that the following decisions flowing from the Joint Communiqu of January 2010 had been implemented: a) Dredging of the river Ichhamati along the common reach between Angrail and Kalanchi bridges has been completed; b) The river bank protection works along Mahananda, Karatoa, Nagar, Kulik, Atrai, Dharla, Punarbhaba, Feni, Khowai, Surma etc. are being carried out in phases. Secretary, Shri Ranjan Mathai, High Commissioner of India to Bangladesh, Shri Rajeet Mitter, Secretary Ministry of Water Resources, Shri Dhruv Vijai Singh and other senior officials.

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The Prime Minister of India reiterated the assurance that India would The two Prime Ministers welcomed that there has been progress on the not take steps on the Tipaimukh principles and modalities of interim 1 project that would adversely impact agreements on sharing of waters of Bangladesh. Teesta and Feni Rivers on fair and The official talks between Bangladesh equitable basis. They directed the and India were held on 6 September concerned officials to work towards 2011 in an extremely warm, cordial concluding the agreements at the and friendly atmosphere. During the earliest. official talks, the Prime Minister The Prime Minister of India, of India was assisted by External on behalf of the Government Summary of the joint Affairs Minister, Shri S M Krishna, and people of India, conveyed Chief Minister of Assam, Shri Tarun statement is as follows: appreciation to the Government Gogoi, Chief Minister of Meghalaya, Prime Ministers visit to Bangladesh of Bangladesh for conferring the Dr. Mukul Sangma, Chief Minister followed the landmark January Bangladesh Swadhinata Sammanona of Mizoram, Shri Lal Thanhawla, 2010 visit of the Prime Minister (Bangladesh Freedom Honour), the Chief Minister of Tripura, Shri Manik of Bangladesh. Since the January highest Award of Bangladesh for Sarkar, National Security Advisor, 2010 visit of the Prime Minister of foreign nationals, on former Prime Shri Shivshankar Menon, Foreign
1. The Tipaimukh Hydroelectric Project is being constructed near the confluence of Barak and Tuivai rivers, in Manipur, India and within 100km of Bangladesh border. The 164 meter high dam will have a firm generation capacity of 401.25MW of electricity. While Hydroelectric projects are typically considered greener than other power generation options in short term, it has significant long-term impact to the environment like changes in the ecosystem, destroying nearby settlements and changing habitat conditions of people, fish and wildlife. Especially in the densely populated countries like India and Bangladesh, where rivers are lifelines, projects like Tipaimukh will create adverse effect to a huge number of population and their habitats. No wonder right from the start this project faced protests from potentially affected people in India, and from the downstream neighbour Bangladesh.

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The Prime Ministers expressed satisfaction at the utilisation of the The Prime Ministers noted that the US$ 1 billion Line of Credit extended Joint Rivers Commission (JRC), by India and noted that it would Secretary and technical level significantly enhance infrastructure meetings were discussing various and capacities in Bangladesh. The aspects relating to sharing of waters The two Prime Ministers welcomed credit would finance a number of of the Manu, Muhuri, Khowai, Gumti, the opening of Banglabandhaprojects identified by Bangladesh, Dharla and Dudhkumar rivers. Fulbari Land Port for bilateral trade including for supply of BG between Bangladesh and India. They locomotives, tank wagons, passenger The two Prime Ministers underscored also expressed satisfaction at the coaches and infrastructure projects the need to conclude an Extradition Indian initiative to develop seven such as Khulna-Mongla rail line and Treaty between the two countries. Integrated Check Posts (ICPs), and rail bridges over Titas and Bhairab Prime Minister Sheikh Hasina noted that this would facilitate rivers for strengthening Bangladesh expressed deep appreciation of trade between the two countries. Railways, purchase of buses for the Government of Bangladesh for Banglabandha is a major inland port Dhaka city public transportation and facilitating 24-hour unfettered in northern Bangladesh established dredgers for capital and maintenance access to Bangladesh nationals to provide a trade link with India, dredging of Bangladesh rivers. through the Tin Bigha Corridor1. Nepal and Bhutan. The three nations are separated by 52 km of Indian Issues which remained The Prime Ministers agreed to promote Territory, known as the Siliguri unresolved trade, investment and economic Corridor. cooperation in a sustainable manner l No transit agreement and facilitate trade by road, rail, The Indian Prime Minister appreciated inland waterways, shipping and air. the announcement of the Bangladesh It was even before the visit of Indian Both sides underscored the need to PM regarding the establishment of PM, that Bangladesh ruled out inking any increase trade volumes and address a Special Economic Zone for Indian transit agreement with India, even as it said a major treaty on rail and waterways trade imbalance. Prime Minister Dr. investments. Manmohan Singh announced the The Prime Ministers noted with will be signed to increase connectivity. According to Mr Gowher Rizvi (Prime decision of the Government of India satisfaction the operationalisation Minister Sheikh Hasinas foreign affairs to remove all forty six textile lines of Ashuganj and Silghat as additional which are of interest to Bangladesh Ports of Call under the bilateral adviser), no transit agreement was needed from Indias Negative List for LDCs Inland Water Transit and Trade to be signed since Bangladesh and India already had bilateral trade agreement under the provisions of SAFTA, Protocol. of 1974 that envisaged transit facilities thereby reducing the applicable duty Also they expressed satisfaction at through rail, road and water ways. rate to zero with immediate effect. the programmes orgainsed for the Bangladesh has long complained that Asked about the tentative time to joint celebrations to commemorate trade with India was grossly unequal allow India to use the transit facility he the 150th birth anniversary of with India selling about $ 3 billion Rabindranath Tagore. They directed said at this moment our roads are not in goods to Bangladesh against officials of both sides to remain all ready. First, transit through waterways the latters export of about $ 400 engaged in the joint effort and take will be operationalise, then railway and million business in jute, ammonia it to a successful conclusion in May later on road. What Bangladesh now and garments. Bangladeshs industry 2012. It was agreed that the 90th needs is to construct infrastructure, chambers claim they face high Anniversary of the publication of roads, rail tracks, bridges and expansion Indian non-tariff barriers, including Bidrohi by Poet Nazrul Islam would of ports facilities and fixed the transit compulsory testing of all exports, be jointly celebrated. Bangladesh fees. We are now working on modalities delays and poor infrastructure at PM conveyed her intention to of the transit, he said. border crossings, limited transport Regarding the transit fees he said a set up a Bangladesh Bhaban in routes and hassles in obtaining Shantiniketan as a resource centre committee of experts has submitted its
1. The Tin Bigha Corridor is a strip of land formerly belonging to India on the West BengalBangladesh border which has been leased indefinitely to Bangladesh so that it can access its DahagramAngarpota enclaves. The corridor was previously open for 12 daylight hours only, causing major distress including death of the inhabitants of the enclave, given the fact that the enclave has no hospitals or law enforcement facilities.

Minister of India, Smt. Indira Gandhi, for her extraordinary contribution to the historic Liberation War of Bangladesh.

Indian business visas, which increase business costs for them. Earlier attempts to accede to Dhakas request had been stalled by the Indian textile mills, most of them located in the Tirupur-CoimbatoreSalem-Erode in Tamil Nadu and Ludhiana in Punjab.

for use of the visiting academicians and researchers from Bangladesh.

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Vol.1 Issue1 October 2011

report to the government but declined to elaborate on it immediately. Transit through Bangladesh, remained to be a contentious issue as BNP and its rightwing allies were opposed to the facility for security and economic concerns, an argument rejected by mainstream financial and security analysts. Off late, BNP, however, apparently softened its stance saying they were not opposed to the connectivity if it did not compromise the countrys interest but all transit related deals have to be made public and discussed in parliament. Begum Khaleda Zia, the Bangladeshi opposition leader, is against giving India a corridor to the states and the right to use the ports because she feels it would give India an upper hand over Bangladesh. India, in July 2011, pressed Bangladesh for transit rights to its landlocked north-eastern states. There is nothing to be feared by giving these transits. Transit is only for peaceful purposes, Indias External Affairs Minister, SM Krishna said at the Bangladesh Institute of International and Strategic Studies during his 3 day visit to Bangladesh in July 2011. He assured that if Bangladesh gave connectivity to India through its territory it could gain market access to the northeastern Indian states. Bangladesh also suspects that India would use the transit rights to ferry weapons to northeastern states to combat insurgency.
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Banerjee refused to accompany PM Manmohan Singh to Bangladesh. River Teesta, which begins its journey in Sikkim, flows through north Bengal before entering Bangladesh. The other river on the India-Bangladesh discussion table is the Feni. The Feni, which flows 135 km south of Tripura capital Agartala, has been in dispute since 1934. In a total catchment area of 1,147 square km of the river, 535 sq km falls in India and the rest in Bangladesh. India and Bangladesh have 2,979 km of land border and 1,116 km of riverine boundaries. The Indian states of West Bengal, Meghalaya, Mizoram, Assam and Tripura share the 4,095-km border with Bangladesh.

taken a tough stance against them, satisfying one of Indias major longstanding demands. India, for its part, has also given strong instructions to its Border Security Force against shooting unarmed Bangladeshi civilians along the border areas even if they were found crossing the borders illegally. By restoring trans-border connectivity via the northeast, India and Bangladesh will be laying the groundwork for larger regional economic integration involving Nepal, Bhutan and Myanmar. The Awami League government of Bangladesh appeared genuinely keen to forge a relationship of trust and cooperation with India. The joint statement issued after Prime Minister Sheikh Hasinas visit to India in January 2010 was remarkable in the range of issues and subjects covered. Both countries have worked assiduously to provide substance to the expectations aroused and India appeared to have been roused from its non-productive pre-occupation with Pakistan and willing to engage meaningfully with its eastern neighbour. The positives from Singhs Dhaka visit are substantial. Much baggage from the past has been frontally tackled and disposed of. The vexed and unseemly question of access across Tin Bigha has been finally been put to rest. The issues of adverse possession, enclaves and boundary demarcation have been resolved, making possible the ratification of the Indira-Mujib land boundary agreement of 1974 and providing, at last, relief to the thousands who have been virtually stateless for decades. Regrettably, the many positive gains from the visit were overshadowed by the last-minute deletion of the sharing of the Teesta waters from the agenda. This, in turn, led to lack of progress on transit. Foreign policy is not fashioned in the abstract and its primary function has to be the protection and promotion of national interests. In this case, preserving West Bengals interests in the flows of the Teesta has to be taken into account by

Final analysis
If what is said is converted into action, Prime Minister Manmohan Singhs visit to Dhaka, can be a new beginning for the eastern sub-region of South Asia including Bangladesh, Bhutan, Nepal and India (BBNI). Indeed, the Dhaka visit could well become this years most important foreign policy initiative by Dr Singh. While relations and connectivities between the people of the two countries, as also trade, have flourished over the years, that between governments have often verged on being frosty. Indias chief concern has been the use of Bangladeshi territory by North-eastern insurgents, often believed, with the collaboration of state agencies. On this issue, the Awami League government has sought to both provide assurances and take action to allay Indian concerns. The issue of jihadi terrorism has also been a concern for India, though of this, Bangladesh itself has been a victim, even if the coalition compulsions of past governments of Dhaka made it look the other way. Insurgents operating in Indians north-east have tended to find a safe haven in Bangladesh for some decades now but the Hasina government has

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Water Disputes

Bangladesh, a country, surrounded on three sides by India, is a gigantic delta formed by the alluvial deposits of the three rivers: the Ganges, the Brahmaputra and the Meghna. There are more than 300 rivers in Bangladesh of which 57 are trans-boundary Rivers. Out of the 57 trans-boundary rivers, 54 are common with India and remaining 3 with Myanmar. It was over the final draft of the Teesta water sharing agreement that the West Bengals chief minister Mamata

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the central government in any steps, it might wish to take. There is, however, another consideration that is, equally to be kept in mind. Teesta is an international river and India cannot take the view that it has an absolute right over its flows to the exclusion of the interests of others. This would be morally repugnant and legally non-sustainable, even if there may not be any binding treaties on the sharing of river waters. As the combined requirements of India and Bangladesh are clearly in excess of the current dry season flows, a formula has to be evolved which seeks to share the shortage until such time as the flows can be augmented, if that were

possible. As the Indian state with the longest border with Bangladesh, besides many other connectivities, West Bengal has a direct stake in fostering close relations between India and Bangladesh. It cannot, of course, be expected to ignore the interests of its own farmers. But one may hope that in the discussions to follow in the coming days, the shortfalls and requirements on the other side of the border would be duly considered. Prime Minister Singhs visit has sought to lay the foundation of a new edifice of relationship between India and Bangladesh by rebinding the historic links. It has envisaged partnership in a broad sweep of interests. The agreements

and declarations hold out the possibility of good neighbourly relations on a scale as yet unmatched in South Asia. It would be critically important to ensure that these ideas are matched by sustained engagement and delivery. References 1. Beginning with Dhaka, August 31, 2011, Indian Express: C. Raja Mohan 2. Ministry of external affairs website 3. Big gains in Dhaka, over to Bengal for Teesta, September 10, 2011 Telegraph: Deb Mukharji, 4. Press Trust of India Website 5. A visit that failed to achieve its promise, Harsh V Pant.

Agreements and Memorandum of Understandings

During the visit, the following Agreements and Memorandum of Understandings were signed: 1) Framework Agreement on Cooperation for Development; Under this landmark agreement, both the countries have agreed to: Take steps to narrow trade imbalances, remove progressively tariff and non-tariff barriers and facilitate trade by road, rail, inland waterways, air and shipping. Both Parties will encourage the development of appropriate infrastructure, use of sea ports, multi-modal transportation and standardization of means of transport for bilateral as well as sub-regional use. Enhance cooperation in sharing of the waters of common rivers. Both parties will explore the possibilities of common basin management of common rivers for mutual benefit. The Parties will cooperate in flood forecasting and control. They will cooperate and provide necessary assistance to each other to enhance navigability and accessibility of river routes and ports. Develop mechanisms for technical cooperation and exchange of advance information with respect to natural disasters. Establish arrangements for cooperation in generation, transmission, and distribution of electricity, including electricity from renewable or other sources. Develop and implement programmes for environmental protection and responding to the challenges of climate change through adaptation. Establish a Joint Consultative Commission for effective and smooth implementation of this agreement that shall meet once a year. 2) Protocol to the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters; India and Bangladesh finally resolved the six-decade-old humanitarian and political ordeal of the 162 enclaves, they have had in each others territories. Stateless through decades and generations, the inhabitants of these enclaves have to cross the international border daily to cultivate their land or visit a hospital all the while being denied state benefits, such as healthcare and education, in the country where they actually live. Having clamoured and begged for either nations citizenship for long, and of late agreeing to be absorbed as citizens wherever they are, these people are also being given the option to migrate should they so choose. Most strikingly, in 1952, when what was then East Pakistan and India agreed to impose passport and visa controls for the first time, the two states forgot about the people living in the enclaves. Not much changed after Bangladeshs independence from Pakistan in 1971. The Indira-Mujib Land Boundary Agreement in 1974 was meant to change all that. In it, the two countries resolved to exchange enclaves expeditiously, and India agreed to forgo compensation for the additional area going to Bangladesh. Bangladeshs parliament ratified the treaty; Indias never did. The area of Indian enclaves on Bangladeshi territory is nearly 70 square kilometres; Bangladeshs add up to 28 square kilometres. The agreed transfer simplifies the messy boundary but means a 40-square-kilometre net loss for India.

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It might seem that this is a small price to pay for India to fix its wonky border. Sorting out the border between India and Bangladesh, particularly making the West Bengal-Bangladesh border contiguous, brings practical benefits to both nations and irons out irritants which had persisted in bilateral dealings since 1974. As Dr Singh emphasised in his Dhaka University speech, the destinies of the nations of South Asia are interlinked and the future should bring common prosperity and fulfilment. But for that, the sovereign reality of our borders must be turned into frontiers of hope and opportunity, and effective border management remains the biggest bilateral challenge. So, a defined and peaceful boundary, as the enclaves agreement seeks to demarcate, is the stepping stone to the essential stability for cross-border cooperation. Enclave: In political geography, an enclave is a territory whose geographical boundaries lie entirely within the boundaries of another territory.For example, Dohala Khagrabari, is an Indian enclave in Bangladeshs Nilphamari district and Dohogram Angorpotha, a Bangladeshi enclave in Lalmonirhat zila of West Bengal. There are 111 Indian enclaves inside Bangladesh and 51 Bangladeshi ones inside India with a combined population of 51,000. 3) Addendum to the MOU between India and Bangladesh to Facilitate Overland Transit Traffic between Bangladesh and Nepal; On August 15, 1978, India and Bangladesh entered into a MOU to facilitate overland transit traffic between Bangladesh and Nepal. Both countries under the addendum (Something added or to be added, especially a supplement to a book) to this MOU have agreed to add new rail routes for facilitating overland transit traffic between Bangladesh and Nepal. Accordingly: Traffic in Transit to/from Nepal and Bangladesh shall move through Indian territory by rail using Singhabad Railway station in India and Rohanpur Railway station in Bangladesh with their existing facilities. The existing rail route through Radhikapur Railway station in India and Birol Railway station in Bangladesh which has been suspended shall be brought into operation by converting Bangladesh portion into broad gauge. In this case, both the routes (proposed and the existing) shall be used for Nepal Transit Traffic by rail for additional operating convenience. 4) MOU on Renewable Energy Cooperation; Cooperation under this Memorandum of Understanding may take the following modalities:

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Exchange of scientific and technological available information and data; Development of joint research or technical projects on subjects of mutual interest; Exchange visit of Government officials and technical experts for sharing of experiences on renewable energy practices, policies, framework, incentive and technologies with financing mechanism; In order to coordinate the above-mentioned activities and decide upon project proposals related to design and development of various new and renewable energy technologies such as, but not restricted to, Solar Energy, Wind Energy and Bio-Energy, the Parties intend to establish a Joint Working Group. 5) MOU on Conservation of the Sunderban; Both the Governments are parties to the Convention on Biological Diversity 1992 and are contracting parties to the Ramsar Convention on Wetlands 1971 and the Sundarban of India and Bangladesh represent a single ecosystem divided between the two countries. The wildlife sanctuaries of the Sundarban located in both countries is recognized as UNESCOs World Heritage Site and in Bangladesh as Ramsar site as well. The MOU basically pertains to the monitoring, conservation and protection of the rich biodiversity of the region and also to encourage mangrove regeneration, habitat restoration and rehabilitation programs, which would eventually increase the potential for carbon sequestration. A Working Group will be set up to define activities, responsibilities, time, and resources involved, according to the activities established as per this Memorandum. 6) Protocol on Conservation of the Royal Bengal Tigers of the Sunderban; Sunderban, is an excellent tiger habitat and the largest sanctuary for the Royal Bengal Tiger in the world. It is necessary to intensify the efforts for the safety of the species. Therefore, India and Bangladesh have agreed to following points: Both countries will undertake bilateral scientific and research projects to promote their understanding and knowledge of the Sunderbans Royal Bengal Tiger including habitat and will develop information systems, share research data and conduct joint research;

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Will undertake patrolling of the Sunderban waterways on their respective sides to prevent poaching or smuggling of derivatives from wildlife; A special committee will be constituted in each country to examine human casualties that take place in the Sunderban by tiger attacks with a view to sharing experiences from either side, and to act in consultation with the other side, if necessary. 7) MOU on Cooperation in the field of Fisheries; Ministry of Agriculture of India and the Ministry of Fisheries and Livestock of Bangladesh, have agreed to promote development of co-operation in fisheries, aquaculture and allied activities between the two countries through joint activities, programmes, exchange of scientific materials, information and personnel. A Joint Working Group (JWG) shall be formed to provide guidance, review the progress of activities and to facilitate cooperation under this Memorandum. The Joint Working Group Meeting shall be arranged every year alternately in India and Bangladesh. 8) MOU on Cooperation on Mutual Broadcast of Television Programmes; Both countries have agreed on the following points: Doordarshan, India and Bangladesh Television (BTV) of National Broadcasting Authority (NBA), will enter into detailed agreement to make available for mutual broadcast of general programmes. Doordarshan and BTV of National Broadcasting Authority (NBA) may broadcast live, any specific event such as visit of High Dignitaries or any cultural event of bilateral importance through an arrangement of sharing of signals. They may also exchange programmes on Education either free of cost or on financial terms agreed between the Parties. 9) MOU between Jawaharlal Nehru University and Dhaka University; Jawaharlal Nehru University, New Delhi, (hereinafter called JNU) and University of Dhaka (hereinafter called DU) established, under this MOU a formal understanding to cooperate in following areas:

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Exchange of faculty members; Joint research activities; Exchange of academic materials and other information; Special short-term academic programmes; Joint cultural Programmes. 10) MOU on Academic Cooperation between National Institute of Fashion Technology (NIFT), India and Bangladesh Garment Manufacturers and Exporters Association (BGMEA) Institute of Fashion Technology (BIFT) The objective of this agreement is to encourage international cooperation, and strengthening two institutes in the following areas: NIFT will provide a semester study for BIFT students while BIFT will facilitate NIFT students to carry out Internship and Graduation Project/ Research Project in Apparel Industry in Bangladesh; Faculty training program for BIFT; Exposure to workshops, exhibitions and conducting special lectures; Joint industrial projects and joint research activities.

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