Tv24: The much awaited Territorial Waters and Maritime Zones (Amendment) Bill, 2021 Bill, 2021 Bill was passed in the 15th Session of the 11th National Assembly on 26 November 2021.
Hon’ble Foreign Minister. A. K. Abdul Momen, MP, raised the bill in the great National Assembly in the morning session for passage. The United Nations in terms of the reality of the historic ‘Territorial Waters and Maritime Zones Act, 1974’ enacted during the rule of Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
The Territorial Waters and Maritime Zones (Amendment) Bill, 2021 was enacted on September 18, 1964, with the necessary amendments to the Convention on the Law of the Sea (UNCLOS, 1982) It was raised in the National Assembly on 2021. To establish the sovereignty and sovereign rights of the people of Bangladesh over the maritime resources of the Bay of Bengal. The Maritime Zones (Amendment) Bill, 2021 will be a milestone.
There are 36 sections in the amended law. The Baseline was redefined in the light of UNCLOS-1972, enacted in 1974, which was published in the Bangladesh Gazette on 10 November 2015 in the form of a notification on “Baseline Redefining on the Bangladesh Coast”. The amended law states a redefined baseline in the light of UNCLOS-1972. In addition, Bangladesh’s right to acquire resources in maritime areas including Internal Waters, Territorial Waters, Contiguous Zone, Exclusive Economic Zone (EEZ), Continental Shelf, Area, High Sea has been elaborated. In order to modernize the law of 1974, the definition of modern maritime issues and technologies such as Remotely Operated
Underwater Vehicle (ROV), Autonomous Underwater Vehicle (AUV), Unmanned Underwater Vehicle (UUV) has been included in the amended law. Both the Criminal Jurisdiction and the Civil Jurisdiction have been included in the amended law for the entry of foreign ships or submarines into the waters of Bangladesh.
he definition and limits of the Contiguous Zone Act of 1974 have been amended in accordance with the UNCLOS, 1982 and the scope of the Contiguous Zone has been increased from 18 to 24 miles. The UNCLOS, 1982, mentions “Exclusive Economic Zone” and amends the law to use “Exclusive Economic Zone” instead of “Economic Zone” and establishes sovereign rights over all animal and non-animal resources in the Exclusive Economic Zone. As there is no provision in the 1974 Act regarding the area and the High Sea, the right to acquire, extract and operate ships in the area has been defined.
The amended law amended the definition and limits of the Continental Shelf in accordance with UNCLOS, 1982 and the judgment of the International Court of Justice, and added provisions relating to the establishment of Safety Zone, submarine cable and pipeline in the area. The amended law includes guidelines on Ocean Governance, Blue Economy, Maritime Cooperation and specifically on the procedures and disciplines of Marine Scientific Research.
The 1974 law provided for a maximum fine of five thousand rupees or a maximum of one year imprisonment for marine pollution which was increased to three years imprisonment or a minimum of two crore rupees under the amended law. Would have been recorded as an event. The amended law provides for a clear definition of Theft, Piracy, Armed Robbery, Maritime Terrorism and adds provisions on these offenses. The amended law has added a detailed section on Innocent Passage of ships and submarines of other countries through Territorial Sea of Bangladesh. In addition, the amended law provides for penalties for offenses committed by foreign ships or persons in the Exclusive Economic Zone, Continental Shelf and Contiguous Zone or for violating the rules of the area.
In addition, the amended law has added provisions for inspection, boarding, seizure, confiscation of property and arrest of ships used for piracy. The amended law provides for penalties for throwing nuclear or hazardous wastes into the Internal Waters and Territorial Sea.
Provisions have been made to establish separate maritime tribunals as the crimes committed at sea are different. Also, in many cases there is no evidence of crime or accident at sea. Due to this many crimes are not properly tried. Therefore, provision has been made in the amended law to accept video, photo or electronic records related to such crimes or accidents as evidence. –Afroza Sultana
