Thursday 14 May 2015

Heralding Indo-Bangladesh relations: Ratification of Land Boundary Agreement (LBA)


Curtains rolled down to end the 41-year old stalemate pertaining to the Land Boundary Agreement (LBA) as Parliament unanimously passed the 119th constitutional Amendment on May 7th to resolve the Indo-Bangladesh border dispute. The implementation would enable sharing of the enclaves or Chittmahals in each other’s territory. The existence of these enclaves dates back to early 17th century when they were used as stakes in cards between the King of the Cooch Bihar and Maharaja of Rangapur. After partition in 1947 by virtue of the Radcliffe line India shared longest common boundary of 4096 kilometers with East Pakistan. But due to the incoherent demarcation of Radcliffe award 1947, enclaves in one country were surrounded by regions possessed by another country. During this process enclaves in Rangapur became part of East Pakistan and by 1949 Cooch Bihar joined India.  While the 1958 Nehru-Noon agreement displayed an initiative to ‘deenclave’ these regions without loss of territories the Supreme Court of India ordered for passage of constitutional amendment for transfer of land. Hence ninth amendment was introduced in the parliament to implement the agreement but amendment couldn’t be passed due to the objections pertaining to transfer of South Berubari enclave. The issue was unresolved as relationships with Pakistan began to deteriorate.

With creation of Bangladesh from East Pakistan in 1971 fresh negotiations were reinitiated. Accordingly the Land Boundary Agreement was signed between Indira Gandhi and Mujibar Rehman to exchange enclaves and to surrender adverse possessions on May 16th 1974. As per the agreement, India retained Berubari union no: 12 and Bangladesh retained Dahagram and Angorpota. India allotted a strip of land called Teen Bigha Corridor (178x58 mt) in its possession on the West Bengal-Bangladesh border to Bangladesh so that it can access its territories. Bangladesh quickly ratified the treaty in 1974 but India failed to do so. By then 6.1 kilometers of the undemarcated land boundary spanning in three sectors - Daikhata-56 (West Bengal), Muhria- River Belonia (Tripura) and Lathitila-Dumabari (Assam) were unresolved. Both the nations prepared the list of enclaves by 1997 and Two Joint Boundary Working Groups were constituted in 2001 which carried out joint census in 2007. An additional protocol under this LBA agreement of 1974 was signed by then Prime Minister Man Mohan Singh and Prime Minister Sheikh Hasina in 2011. Under this agreement, India will receive possession of 54 enclaves accounting for 7110.02 acres under the possession of Bangladesh within the Indian Territory and Bangladesh will get 111 Enclaves of 17,160.63 acres in Bangladesh from India. Consequently there will be swap of adverse possession of areas. While India will acquire 2777.038 acres Bangladesh will get 2267.682 acres of area. India leased out Teen Bigha corridor to Bangladesh in 2011 amidst severe opposition from people.

When the 119th amendment was introduced in 2013 in Rajya Sabha, BJP stiffly opposed the bill as its unit in Assam expressed serious concerns of the local people.  But the bill was stalled by Mamata Banerjee. The logjam began to clear after Modi assumed the office of Prime Minister. In August 2014 he welcomed the Permanent Court of Arbitration’s ruling on the Maritime boundary though it was very generous towards Bangladesh. In November 2014, the Parliament Panel, the standing committee on External Affairs approved the bill. Modi has decided to keep the opinion of the state Unit aside in the best interest of nation to provide succour to thousands of the people inhabiting the enclaves who are denied of legitimate nationality and consequently all the privileges accruing to it. In a rare display of mettle and leadership, Modi trumped political interests for larger national interests and spear headed the passage of this historic bill. Thus, he deftly fulfilled the assurances made to his Bangladeshi Counterpart in September 2014 in New York.

The ratification of this bill was hailed by the Bangladeshi Prime Minister Shiekh Hasina who travelled extra mile by arresting insurgent leaders and by subverting anti-Indian plots hitched by Pakistan on its soil. She has also made it difficult for the ISIS to use Bangladesh as a base for terrorism and financial subversion. India by opting for the international arbitration facilitated resolution of the border dispute which could have never been settled by negotiations.

With the implementation of the agreement quality of life of over 51 thousand people living in these enclaves will be improved. Denied of even basic facilities, these people have been languishing as state-less people. All these inhabitants will have national identity now and can enjoy all the basic facilities enjoyed by their neighbours living outside the enclaves. Another major respite will be the issue of border management. The 3000 Km long Indo-Bangladesh border fenced by barbed wires was the most permeable border despite the huge troops of border security forces. This border is notorious for the omniscient smuggling besides trafficking in arms, drugs and people. With ratification of the treaty security cooperation between the nations is bound to increase and with efficient management of the border trade prospects can be enhanced. Bangladesh enjoys duty-free access to Indian markets by increasing the road, rail and maritime connectivity trade can be expanded. India and Bangladesh suffer from perception problems and with implementation of LBA, the deep seated gap in perception and scepticism might reduce paving way for a long enduring friendship. This would eventually curtail the huge influx of Bangladeshi migrants pushing into Indian Territory.

Now that the territorial agreement with Bangladesh is ready for implementation, it should brood over the next dimension of the bilateral relationship. India and Bangladesh share waters of 54 rivers and efforts should be directed to resolve the framework implementation of the agreement signed in 2011. It called for cooperation between India, Bangladesh, Nepal and Bhutan for joint harnessing of water resources shared by these countries. India should push the Teesta waters issue to facilitate construction of dams and generation of hydroelectric power benefitting both nations.

Historically undemarcated boundaries spawning between the neighbouring regions had spiralled into land disputes threatening the peace and harmony. Resolution of contestations bestowed harmony. By displaying the nerve to implement the long drawn LBA agreement, Prime Minister Modi exhibited peerless political courage needed to make huge diplomatic gains. The timing of this bill is far more significant as it comes days before Modi’s departure to Beijing. With resolution of land boundaries with Bangladesh India has emerged as a true leader in the region. It avoided consternation and addressed the issue with good will, trust and faith making a major gain in its Look East Policy. Now Bangladesh can act as a bulwark against terrorism. LBA stands out as an epitome of visionary statesmanship, common sense and pragmatism and signalled that festering disputes can be addressed by warring factions for the common good of people.
 
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Published on MyIndMakers website on 13th May 2015

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