Jurisdictional Challenges in the Bay of Bengal's Growing Maritime Spaces

Md. Al Mehedi Hasan Talukdar

The Bay of Bengal, which borders eight nations—Bangladesh, India, Myanmar, Sri Lanka, Thailand, Indonesia, Malaysia, and the Maldives—is one of the world’s largest and most significant bodies of water, spanning over 2.2 million square kilometres. (1) Rich in natural resources like fish, oil, gas, minerals, and biodiversity, the Bay is essential to regional and international trade, security, and cooperation. However, the dynamic and complex nature of its maritime spaces, which have expanded significantly due to the implementation of international law and the resolution of certain maritime boundary disputes, presents numerous legal challenges.

A key factor contributing to the Bay of Bengal’s legal complexity is the variety of maritime zones established by the United Nations Convention on the Law of the Sea (UNCLOS), which was opened for signature on 10 December 1982 and entered into force on 16 November 1994. (2) UNCLOS governs various aspects of maritime governance, including zone management, environmental protection, dispute settlement, and cooperation. It establishes several maritime zones, such as the territorial sea, the contiguous zone, the exclusive economic zone (EEZ), the continental shelf, and the high seas. While coastal states exercise sovereignty or sovereign rights within their territorial sea, EEZ, and continental shelf, the high seas and the Area, which lie beyond national jurisdiction, are governed by international law. The jurisdiction and management of resources and activities within these zones differ for coastal and non-coastal states, making the Bay of Bengal’s legal landscape particularly intricate.

Due to the enactment of UNCLOS and the settlement of long-standing maritime boundary disputes—such as those between Bangladesh, Myanmar, and India—the coastal states' maritime zones in the Bay of Bengal have significantly expanded in recent years. In 2012, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark ruling on the maritime boundary between Myanmar and Bangladesh, determining the boundary line in the territorial sea, EEZ, and the continental shelf within and beyond 200 nautical miles. (3) Similarly, in 2014, an arbitral tribunal defined the extent of Bangladesh and India’s maritime entitlements in the Bay, including their territorial sea, EEZ, and continental shelf. (4) As a result of these rulings, Bangladesh gained access to an additional 118,813 square kilometres of sea, more than twice the area it previously controlled. (5)

The expansion of maritime jurisdictions in the Bay of Bengal has transformed the legal and economic landscape, presenting new opportunities alongside significant challenges. One positive outcome is the increased potential for the exploration and extraction of non-living resources, such as minerals, oil, and gas, primarily located on the ocean floor and continental shelf. Coastal nations are actively developing these resources and seeking investments from both local and international partners. For instance, international oil companies have been granted access to parts of Bangladesh’s continental shelf for exploration. (6) The country has also submitted a claim for an extended continental shelf beyond 200 nautical miles to the UNCLOS-established Commission on the Limits of the Continental Shelf (CLCS). (7) Similarly, India and other coastal states like Myanmar, Thailand, and Sri Lanka have expanded their offshore oil and gas industries and submitted claims for enlarged continental shelves to the CLCS. (8, 9)

However, with these opportunities come new challenges, particularly concerning environmental preservation and the sustainable use of marine resources. Effective regulation is crucial to mitigate the environmental risks associated with the exploration and exploitation of non-living resources in the continental shelf and deep seabed. Additionally, the sustainable management of living marine resources, particularly fish stocks (which are mostly found in the EEZ and high seas), requires enhanced coordination among coastal states, regional bodies, and international organizations. Improved cooperation is necessary to avoid overfishing, protect biodiversity, and ensure the equitable use of shared resources.

The expansion of maritime jurisdictions also raises concerns about maritime security, navigation, and communication. Threats such as piracy, terrorism, smuggling, illegal fishing, and accidents pose risks to regional and global commerce and security. Maintaining peace and stability in the Bay of Bengal may require the use of peaceful dispute resolution mechanisms, such as negotiation, mediation, arbitration, and adjudication, in accordance with UNCLOS and other relevant international agreements. To promote regional cooperation and ensure the efficient management of the Bay’s resources, joint development initiatives and frameworks for bilateral, regional, and international collaboration will be crucial. (10)

In conclusion, the expansion of maritime jurisdictions in the Bay of Bengal, driven by the evolution of international law and the resolution of maritime disputes, underscores the region's complexity. Coastal and non-coastal states, along with regional and international organizations, must work collaboratively to maintain the Bay of Bengal as a secure, thriving, and environmentally sustainable maritime zone for future generations.

Md. Al Mehedi Hasan Talukdar is a student at the Department of Maritime Law and Policy, Bangabandhu Sheikh Mujibur Rahman Maritime University, Bangladesh.

Photo Credit: Pushkar Anand Rathore

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References:

1. Farhan, N. (2022). Bay of Bengal as Strategic Construct in the Maritime Space. Bangladesh Institute of Peace and Security Studies. Link
2. United Nations (2024, June 7). States Parties to United Nations Convention on Law of Sea Will Hold Thirty-Fourth Meeting at Headquarters. United Nations. Retrieved October 4, 2024, from Link
3. Al Faruque, A. (2012). Judgment in Maritime Boundary Dispute between Bangladesh and Myanmar: Significance and Implications under International Law. Asian Yearbook of International Law, 18, 65–666. Link
4. Suarez, B. S. V. (2016). The Arbitral Award in the Bangladesh-India Maritime Delimitation in the Bay of Bengal and its Contribution to International Maritime Boundary Law: A Case Commentary. Maritime Safety and Security Law Journal, 2. Link
5. Patil, P. G., Failler, P., & Alam, K. (2019). Introduction to the Special Issue on the Blue Economy of Bangladesh. Journal of Ocean and Coastal Economics, 6(2), 1. Link
6. Ahmed, S. I. (2014). Exploration and Exploitation of Maritime Resources of Bangladesh: Implication for National Development. NDC Journal, 59. Link
7. Anderson, D. H. (2015). Bay of Bengal Maritime Boundary. American Journal of International Law, 109(1), 146–154. Link
8. Ramnath, K. (2022). Making Maritime Boundaries in the Bay of Bengal. Law And History Review, 40(3), 561–578. Link
9. Long, R. (2017). Law of the Sea and Ocean Governance in Southeast Asia: Comparative European Lessons on Pragmatism and Principle. Brill | Nijhoff eBooks. Link
10. Talukder, M. a. M. H., Wahi, C. A., & Rabiul, A. (2024). Preserving the Bay of Bengal: A Legal Framework and Human Rights Probe of Bangladesh’s Maritime Environment. ResearchGate. Link

Beyond the Shoreline: Tackling Marine Plastic Pollution in the Bay of Bengal through Modern Technologies

Siam Shafi

The Bay of Bengal’s profound geostrategic importance renders emerging challenges there a global concern. The Bay remains pivotal in influencing geopolitical dynamics due to its advantageous geographical position, vast natural resources, and immense strategic importance as a maritime trade route. Particularly, the Bay of Bengal possesses historical significance as an economic corridor for commercial maritime trade routes connecting the Eastern and Western hemispheres. Fisheries of the Bay of Bengal play a significant role in meeting people’s protein demands. The Bay of Bengal yields approximately 6 million tons of fish annually, accounting for 4% of the global catch, and supplies protein for approximately 400 million people in the Bay of Bengal region (1). This write-up attempts to discuss the emerging challenges in the Bay of Bengal concerning plastic pollution and overexploitation of marine resources. To prevent plastic pollution and overexploitation of marine resources in the Bay of Bengal, the author addresses new policies and standards consistent with the United Nations Convention on the Law of the Sea (UNCLOS) and emphasizes the use of modern technologies and effective ocean governance.

The Bay of Bengal annually receives 2.6 million tons of disposable plastic, transported via 18 transboundary rivers, carrying 15,345 tons of waste from single-use plastics daily, out of which 2519 tons arrive from India, while Myanmar contributes 284 tons (2). Around 443 microplastic particles were detected in the intestines of marine fish, namely H. translucens, S. gibbose, and H. nehereus, ranging from three to nine components on average for each species (3). Moreover, the digestive tracts of marine fish contain many microplastic particles, indicating widespread plastic contamination in the Bay of Bengal’s marine ecosystem. In addition, humans can ingest harmful chemicals derived from microplastic particles when they consume seafood. As a result, humans can contract a variety of fatal diseases, including cancer (4). Consequently, the presence of microplastics in the Bay of Bengal marine fish raises concerns regarding the food security of many people who rely on this protein source. Transboundary Diagnostic Analysis (TDA) identified several key issues in the Bay of Bengal, including the overexploitation of marine living resources (5). Overfishing marine species with extended life cycles and at the top of food chains causes irrevocable damage to the marine ecological equilibrium (6). The primary factors contributing to the decline in biodiversity include overfishing, the use of illegal and damaging fishing methods such as set bags and monofilament gillnets, and the vast collection of shrimp larvae (7). Further, overfishing can cause an ecological imbalance in the Bay of Bengal’s marine ecosystem due to the disappearance and dominance of certain marine species. Besides, many of the people living in the Bay of Bengal region fall under the poverty line and depend heavily on marine resources. For this reason, the ongoing deterioration of marine resources in the Bay of Bengal region can severely affect coastal people’s livelihood and overall economic development.

Even though there is an active Maritime Affairs Unit within the Ministry of Foreign Affairs of Bangladesh, the country requires a Ministry of Ocean Affairs (MOA) or a distinct ministry dedicated to marine affairs (8). The Ministry of Ocean Affairs (MOA) can greatly aid in dealing with marine pollution, bycatch, and illegal, unreported, and unregulated (IUU) fishing. MOA will facilitate playing a crucial role in establishing and enforcing maximum allowable fish catch levels and maximum sustainable fish yield. Besides, several technologies like TrashBoom, Marine Microplastic Removal Tool, and TrashTrap may aid in collecting and removing microplastics from the ocean. TrashBoom is a swimming barrier that captures most floating plastics in rivers (9). In particular, TrashBoom is highly effective in capturing plastic debris, preventing it from flowing into the ocean. The Marine Microplastic Removal Tool is a specialized sand filter explicitly designed to capture microplastics directly, while TrashTrap has 97% efficiency in removing plastic debris (10). According to Article 61 of the United Nations Convention on the Law of the Sea (UNCLOS), States shall ensure proper conservation and management measures by considering the best scientific evidence available so that living marine resources are not endangered by overexploitation. To comply with the obligation, Bangladesh can follow the European Union’s Common Fisheries Policy (CFP) for a sustainable ecosystem and to eliminate IUU fishing or overfishing practices in the Bay of Bengal. The historical decrease in overfishing in European countries became evident after the CFP was adopted. Some measures of CFP include setting total allowable catches, implementing quotas, establishing protected areas, and promoting selective fishing techniques (11). Article 266 of the UNCLOS further encourages States to foster the advancement and sharing of marine technologies. Considering this, Bangladesh is required to adopt a Remote Electronic Monitoring (REM) system to reduce overfishing. REM comprises sensors, cameras, and GPS (12). Sensors monitor how the fishing equipment is used, cameras capture the fishermen sorting or discarding fish, and GPS indicates the boat’s precise location. Therefore, regulatory authorities can more effectively identify fishing law infringements by analyzing REM’s data and information. Although the High Court Division of the Supreme Court of Bangladesh, in the case of BELA v. Ministry of Environment, Forest and Climate Change and others, ordered the Bangladesh government to ban single-use plastic products throughout the country (13), the government has yet to make visible progress in stopping the production and consumption of single-use plastic products (14). Accordingly, enactment of separate legislation related to plastic pollution prevention is urgently needed to combat the disposal of microplastics in the Bay of Bengal. To conclude, being a party to the UNCLOS, Bangladesh should consider these challenges by adopting new standards and rules.

 

Siam Shafi is a final-year undergraduate law student and a legal researcher at BRAC University. His areas of interest include Constitutional Law, International Human Rights Law, International Humanitarian Law, and Law of the Sea. He may be reached at md.siam.shafi@g.bracu.ac.bd.

 

Notes:

(1) Islam, M. M. (2019, August 10). Alarming plastic pollution in the Bay of Bengal. The Daily Star. https://www.thedailystar.net/opinion/environment/news/alarming-plastic-pollution-the-bay-bengal-1784278

(2) Environment and Social Development Organization. (2023, August 23). Historic Global Plastic Treaty should change the tragic tale of our River. ESDO. https://esdo.org/2023/08/historic-global-plastic-treaty-should-change-the-tragic-tale-of-our-river/

(3) Hossain, M. S., Sobhan, F., Uddin, M. N., Sharifuzzaman, S. M., Chowdhury, S. R., Sarker, S., & Chowdhury, M. S. N. (2019). Microplastics in fishes from the northern Bay of Bengal. The Science of The Total Environment, 690, 821-830. https://doi.org/10.1016/j.scitotenv.2019.07.065

(4) Davey M. (2023, March 28). Plastics cause wide-ranging health issues from cancer to birth defects, landmark study finds. The Guardian. https://www.theguardian.com/environment/2023/mar/29/plastics-cause-wide-ranging-health-issues-from-cancer-to-birth-defects-landmark-study-finds

(5) Elayaperumal, V., Hermes, R., & Brown, D. (2019). An Ecosystem Based Approach to the assessment and governance of the Bay of Bengal Large Marine Ecosystem. Deep Sea Research Part II: Topical Studies in Oceanography, 163, 87-95. https://doi.org/10.1016/j.dsr2.2019.01.001

(6) Batini, N. (Ed.). (2021). The Economics of Sustainable Food: Smart Policies for Health and the Planet. Island Press, p.203.

(7) Hossain, M., & Hasan, M. R. (2021). Dwindling Coastal Fisheries Biodiversity of Bangladesh: The Causes and Effects. Journal of the Indian Society of Coastal Agricultural Research, 39(2), 105-122. http://dx.doi.org/10.54894/JISCAR.39.2.2021.111181

(8) Alam, M. W., Xiangmin, X., Ahamed, R., Mozumder, M. M. H., & Schneider, P. (2021). Ocean governance in Bangladesh: Necessities to implement structure, policy guidelines, and actions for ocean and coastal management. Regional Studies in Marine Science, 45, 101822. https://doi.org/10.1016/j.rsma.2021.101822

(9) Hirsch, K. (2022, March 3). Stopping marine plastic pollution from rivers requires efficient and cost-effective technologies. World Economic Forum. https://www.weforum.org/agenda/2022/03/how-technology-can-help-us-stop-marine-plastic-pollution/

(10) Schmaltz, E., Melvin, E. C., Diana, Z., Gunady, E. F., Rittschof, D., Somarelli, J. A., Virdind, J., & Dunphy-Daly, M. M. (2020). Plastic pollution solutions: emerging technologies to prevent and collect marine plastic pollution. Environment International, 144, 106067. https://doi.org/10.1016/j.envint.2020.106067

(11) Frost, H., & Andersen, P. (2006). The Common Fisheries Policy of the European Union and fisheries economics. Marine Policy, 30(6), 737–746. http://dx.doi.org/10.1016/j.marpol.2006.01.001

(12) Course, G. (2017). Remote Electronic Monitoring. WWF-UK. https://www.wwf.org.uk/sites/default/files/2017-10/Remote%20Electronic%20Monitoring%20in%20UK%20Fisheries%20Management_WWF.pdf

(13) BELA v. Ministry of Environment, Forest and Climate Change and others [2019] HCD Writ Petition No. 14941.

(14) Roy, P. (2023, June 6). Ban on single-use plastic: No visible step to enforce HC order. The Daily Star. https://www.thedailystar.net/news/bangladesh/news/ban-single-use-plastic-no-visible-step-enforce-hc-order-3338746

 

 

 

 

 

Safeguarding the Green Heart: India’s Initiatives in Preserving Seagrass Meadows in the Bay of Bengal

Sanya D. Kishwar, Kritika Vatsa, and Sadqua Khatoon

The Bay of Bengal (‘BoB’), often described as a “triangular basin spanning west to east between Sri Lanka, Bangladesh, and Malaysia” is a sprawling hub for trade and natural resource extraction.[1] Replete with minerals and fisheries, the Bay is a sustainer of livelihood, a tourist attraction, a revenue generator for the surrounding states and above all, a diverse marine habitat.[2] BoB’s “large marine ecosystem” shelters mangroves, sea grass beds and several endangered species.[3] Importantly, BoB is home to seagrass meadows.[4] Seagrass, an underwater plant, serves as a natural “carbon sink” by absorbing and storing significant amounts of carbon dioxide, making it a crucial element in climate change mitigation.[5] Additionally, seagrass has been found to filter coastal waters and enhance nutrient levels.[6] Though “under-represented” in climate change mitigation, seagrass ecosystems play a vital role in preserving the environment.[7] The United Nations Environment Programme emphasizes the significance of conserving and restoring seagrass meadows in the report, Out of the Blue, for effective climate change mitigation.[8] This blog attempts to discuss the preventive steps taken by India to conserve and restore the depleting seagrass meadows in Palk Bay, an inlet in the BoB. The authors comment critically on the role played by the state in climate change mitigation in the BoB region and attempt to list recommendations for better marine governance. 

Blue Economy as a threat to Palk Bay seagrass ecosystem

India harbours coastal and marine seagrass meadows, with Palk Bay identified as a significant area holding most of the country’s seagrass cover.[9] Hejnowicz et al. note that despite it being an efficient contributor to climate change mitigation, the conservation and restoration of seagrass meadows face insufficient attention.[10] There is a notable decline in the Palk Bay seagrass meadows, which are now being monitored as Ecologically Sensitive Areas by the National Centre for Sustainable Coastal Management in India.[11]

The Blue Economy (‘BE’) concept, originating from the 2012 United Nations Conference on Sustainable Development, aims to foster sustainable coastal management and marine utilization in the BoB states.[12] Despite the focus on sustainable development, the BE model poses environmental challenges, many of which were discussed recently at the G20 Research and Innovation Initiative Gathering (‘RIIG’) Conference.[13] While overfishing and hydrocarbon exploitation have concerned BoB states for decades, the issues are taking a serious turn due to their increased impact on seagrass.[14] Fishing practices such as bottom trawling have depleted the seagrass meadows in Palk Bay.[15] Bottom trawling involves dragging heavily weighted nets across the sea floor to catch fish, resulting in the uprooting of seagrass meadows as well as causing harm to dugongs, slow-moving sea creatures now listed as “vulnerable to extinction” by the International Union for Conservation of Nature.[16] India’s pursuit of a leading BE role has unintended consequences, with subsidies shifting local fishers to large-scale, export-oriented fishing, potentially leading to illegal practices like bottom trawling. This raises concerns about overfishing, increased contribution to marine pollution and seagrass depletion. Project Sagarmala’s port development adds to these issues, with the unregulated port expansion being perceived as “ocean grabbing” by critics.[17] Additionally, unsustainable tourism and coastal development projects further contribute to seagrass depletion.[18]  It is argued that India’s BE framework is short of the desired sustainable approach.

Preserving Palk Bay: Recommendations and Way Forward

According to the United Nations Framework Convention on Climate Change, the member countries are required to report their yearly carbon emissions along with an account of their efforts in reducing it. Blue carbon, absorbed and stored in the ocean, is crucial for mitigating global warming.[19] The High-Quality Blue Carbon Principles and Guidance launched at COP27 guides the development and purchase of high-quality blue carbon projects and credits.[20] This framework aims to build confidence and momentum around blue carbon project development and investments. Notably, India has set a target to create a carbon sink of 2.50-3.00 billion tonnes by 2030, emphasizing the need to proactively conserve seagrass meadows, including blue carbon ecosystems.[21] One such step taken by the government is the Palk Bay Scheme, which was launched in 2017. The initiative aims at promoting deep-sea fishing to replace bottom trawling.[22] Apart from this, researchers from Manonmaniam Sundaranar University in the state of Tamil Nadu have initiated the establishment of a dugong conservation reserve in the Palk Bay with an aim to preserve the natural seagrass habitat of dugongs by curtailing bottom trawling in the region.[23] While the scheme sounds promising, it should be coupled with schemes that promote sustainable diving and boating since they also contribute to seagrass depletion apart from bottom trawling. Organizations like PADI and the Reef-World Foundation have been advocating for eco-friendly practices since 2018, and similar efforts should be encouraged in Palk Bay for optimal seagrass preservation.[24] Additionally, leveraging advanced technology, such as geospatial mapping and artificial intelligence, for seagrass bed mapping, as demonstrated by the University of Southampton in Studland Bay, can aid in evaluating and restoring seagrass health.[25] Incorporating this technology as a mandatory step in the Palk Bay Scheme can enhance the initiative’s effectiveness. Adequate budget allocation by state governments to the fisheries sector for adopting sustainable fishing techniques is crucial. The Bay of Bengal faces challenges that require innovative solutions, and while modern technologies provide tools for monitoring and adapting, effective ocean governance remains essential. International collaboration, integrated management approaches, and a commitment to sustainability can pave the way for a prosperous and resilient future for the Bay’s maritime region.

The Bay of Bengal stands at a critical point where the imperative to harness technological advancements for economic growth must be balanced with a commitment to sustainable practices. The region’s rich biodiversity and economic significance demand a delicate balance to be struck, ensuring that progress does not compromise ecological integrity or jeopardize maritime safety. The surge in maritime traffic, facilitated by advanced navigation and communication technologies, heightens the risk of accidents and collisions, posing threats to both human life and marine ecosystems. The challenges and opportunities posed by modern technology in the Bay of Bengal necessitate a proactive and adaptive approach to mitigate environmental and safety concerns. By carefully navigating this balance, stakeholders can safeguard not only the region's ecological diversity but also human lives and the vitality of marine ecosystems.

Sanya D. Kishwar, Assistant Professor, O.P. Jindal Global University, Sonipat, India.
Kritika Vatsa, Student, O.P. Jindal Global University, Sonipat, India.
Sadqua Khatoon, Student, Aligarh Muslim University, Aligarh, India.

[This article achieved the second position in the 2023 Law of the Sea Blog Competition, hosted by BCOLP in memory of Professor M. Habibur Rahman (1946 – 2022).]

Notes:

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[1] Naha, A. (2022). Geostrategic Significance of the Bay of Bengal in India’s Maritime Security Discourse. The Journal of Territorial and Maritime Studies, 9(2), 47-64.  https://doi.org/10.2307/JTMS.9.2.47/. See also Karim, T. (2021, May 12). The Importance of the Bay of Bengal as a Causeway between the Indian and Pacific Oceans. Asia-Pacific Bulletin. http://www.jstor.org/stable/resrep32272

[2] Khan, A. (2019). Georesource potential and geohazard status of the Bay of Bengal vis-à-vis sustainable development of ‘blue economy’. BMJ, 3, 51; Rahman, M. A., Mahbub-E-Kibria, A. S. M., & Chowdhury, K. A. (2017). Economic Benefits from the Bay of Bengal Ecosystem Services. Int. J. Sci. Res., 6, 1994; Dandapath, P. K., & Mondal, M. (2013). Urbanization and its impact on coastal eco-tourism in West Bengal. International Journal Science and Research, 2(1), 115; Xavier, C., & Palit, A. (2023). Introduction. In Xavier, C. & Palit, A. (Eds). Connectivity and Cooperation in the Bay of Bengal Region (pp. 6). Centre for Social and Economic Progress; Golder M., Shammi, A., Rouf, M. (2022). Enhanced Awareness to Coastal Ecology: Protecting Endangered Species of the Bay of Bengal. Oceanography & Fisheries Journal, 15(1), 1-12. https://doi.org/10.19080/OFOAJ.2022.15.555904

[3] Brewer, D., Hayes, D., Lyne, V., Donovan, A., Skewes, T., Milton, D., & Murphy, N. (2015). An Ecosystem Characterisation of the Bay of Bengal. Bay of Bengal Large Marine Ecosystem Project (BOBLME). 3. http://hdl.handle.net/1834/34573

[4] Patro, S., Krishnan, P., Samuel, V. D., & Ramachandran, R. (2017). Seagrass and Salt Marsh ecosystems in South Asia: An Overview of diversity, distribution, threats and conservation status. In Prusty, B., Chandra, R. & Azeez, P. (Eds.), Wetland Science (pp. 87-104). Springer.

[5] Holmer, M. (2018, November 1). Underwater Meadows of Seagrass Could Be the Ideal Carbon Sinks. Smithsonian Magazine. https://www.smithsonianmag.com/science-nature/underwater-meadows-seagrass-could-be-ideal-carbon-sinks-180970686/

[6] Short, F. T., & Short, C. A. (1984). The Seagrass Filter: Purification Of Estuarine and Coastal Waters. In Kennedy, V. (Ed.), The Estuary as a Filter (pp. 395–413). Elsevier.

[7] Daru, B. H., and Rock, B. M. (2023). Reorganization of seagrass communities in a changing climate. Nature Plants, 9, 1034-1043. https://doi.org/10.1038/s41477-023-01445-6

[8]  UNEP. (2020, December 11). Out of the blue: the value of seagrasses to the environment and to people. United Nations Environment Programme. https://www.unep.org/resources/report/out-blue-value-seagrasses-environment-and-people

[9] Geevarghese, G., Akhil, B., Magesh, G., Krishnan, P., Ramachandran, R., & Ramachandran, R. (2018). A comprehensive geospatial assessment of seagrass distribution in India. Ocean & Coastal Management, 159, 16–25. https://doi.org/10.1016/j.ocecoaman.2017.10.032

[10] Hejnowicz, A. P., Kennedy, H., Rudd, M. A., & Huxham, M. (2015). Harnessing the climate mitigation, conservation and poverty alleviation potential of seagrasses: prospects for developing blue carbon initiatives and payment for ecosystem service programmes. Frontiers in Marine Science, 2, 1-22. https://doi.org/10.3389/fmars.2015.00032

[11] Ganguly, D., Singh, G., Ramachandran, R., Bhatta, R., & Selvam, A. (2018). Valuing the carbon sequestration regulation service by seagrass ecosystems of Palk Bay and Chilika, India. Ocean & Coastal Management, 159, 26–33. https://doi.org/10.1016/j.ocecoaman.2017.11.009

[12] UNCTAD. (2014). The Oceans Economy: Opportunities and Challenges for Small Island Developing States. UNCTAD. https://unctad.org/system/files/official-document/ditcted2014d5_en.pdf; Godfrey, S. (2016). Defining the Blue Economy, Maritime Affairs: Journal of the National Maritime Foundation of India, 12(1), 58-64, https://doi.org/10.1080/09733159.2016.1175131

[13] Martínez-Vázquez, R. M., Milán-García, J., & De Pablo Valenciano, J. (2021). Challenges of the Blue Economy: evidence and research trends. Environmental Sciences Europe, 33(1), 1-17. https://doi.org/10.1186/s12302-021-00502-1; PIB. (2023, May 19). Scientific challenges and opportunities for a sustainable blue economy discussed at G20 RIIG Conference at Diu. Press Information Bureau. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1925547

[14] Vivekanandan, E., Hermes, R., & O’Brien, C. (2016). Climate change effects in the Bay of Bengal Large Marine Ecosystem. Environmental Development, 17, 46–56. https://doi.org/10.1016/j.envdev.2015.09.005; Singh, A. (2020, October). Towards an Integrated ‘Blue Economy’ Framework in the Bay of Bengal. Observer Research Foundation.  https://www.orfonline.org/wp-content/uploads/2020/10/ORF_IssueBrief_411_BIMSTEC-BlueEconomy.pdf

[15] Purohit, M. (2017, November 28). Palk Bay: Trawled and damaged. India Water Portal. https://www.indiawaterportal.org/articles/palk-bay-trawled-and-damaged

[16] Amoroso, R. O., Pitcher, R., Rijnsdorp, A., McConnaughey, R. A., Parma, A. M., Suuronen, P., Eigaard, O. R., Bastardie, F., Hintzen, N. T., Althaus, F., Baird, S. J., Black, J., Buhl‐Mortensen, L., Campbell, A. B., Catarino, R., Collie, J. S., Cowan, J. H., Durholtz, D., Engstrom, N., Jennings, S. (2018). Bottom trawl fishing footprints on the world’s continental shelves. Proceedings of the National Academy of Sciences of the United States of America, 115(43), 10275-10282. https://doi.org/10.1073/pnas.1802379115; Hiddink, J. G., Jennings, S., Sciberras, M., Szostek, C. L., Hughes, K. M., Ellis, N., Rijnsdorp, A., McConnaughey, R. A., Mazor, T., Hilborn, R., Collie, J. S., Pitcher, C. R., Amoroso, R. O., Parma, A. M., Suuronen, P., & Kaiser, M. J. (2017). Global analysis of depletion and recovery of seabed biota after bottom trawling disturbance. Proceedings of the National Academy of Sciences of the United States of America, 114(31), 8301–8306. https://doi.org/10.1073/pnas.1618858114; Marsh, H. & Sobtzick, S. (2019). Dugong dugon (amended version of 2015 assessment). The IUCN Red List of Threatened Species. https://dx.doi.org/10.2305/IUCN.UK.2015-4.RLTS.T6909A160756767.en

[17] Selvam, T. A. (2021). A study on Fisheries: Government schemes and support in India. International Journal of Applied Research, 7(8), 241–242. See also Damle, H. (2017, October 23). Financial Analysis of the Blue Economy: Sagarmala’s Case in Point Centre for Financial Accountability. CENFA. https://www.cenfa.org/wp-content/uploads/2017/10/blue-economy-financial-analysis.pdf; Singh, A. (2022). Port Development: history, present and future challenges. In Jadhav, P. & Choudhary, R. (Eds.), Infrastructure and Control (pp. 25–34). Springer. See also Barbesgaard, M. (2017). Blue growth: savior or ocean grabbing? The Journal of Peasant Studies, 45(1), 130–149. https://doi.org/10.1080/03066150.2017.1377186

[18] Cummings, G., Greenberg, Z. (2022). Sustainable Tourism in the Context of the Blue Economy. In Leal Filho, W., Azul, A.M., Brandli, L., Lange Salvia, A., Wall, T. (Eds.), Life Below Water (pp. 1-14). Springer.

[19] Thomas, S. (2014). Blue carbon: knowledge gaps, critical issues, and novel approaches. Ecol. Econ. 107, 22–38. https://doi.org/10.1016/j.ecolecon.2014.07.028; Nellemann, C., Corcoran, E. C., Duarte, C. M., Valdés, L., De Young, C., Fonseca, L., & Grimsditch, G. (2009). Blue Carbon: The Role of Healthy Oceans in Binding carbon. A Rapid Response Assessment. In United Nations Environment Programme. eBooks.

[20] Meridian Institute. (2022). High-quality blue carbon principles and guidance - Meridian Institute. https://merid.org/wp-content/uploads/2022/11/HQBC-PG_FINAL_11.8.2022.pdf

[21] Sharma, J. (2021, May 30). Enhancing Carbon Sink through Forestry in India. TERI. https://www.teriin.org/project/enhancing-carbon-sink-through-forestry-india

[22] Ramakrishnan, T. (2021, October 8). Palk Bay scheme to get a fillip: Murugan. The Hindu. https://www.thehindu.com/news/national/tamil-nadu/palk-bay-scheme-to-get-a-fillip-murugan/article36901746.ece

[23] Chaitanya, S. K. (2021, September 4). India’s 1st dugong conservation reserve to be in Tamil Nadu. The New Indian Express. https://www.newindianexpress.com/states/tamil-nadu/2021/sep/04/indias-1st-dugong-conservation-reserve-to-be-in-tn-2354056.html

[24] Reef-World. (2019, March 13). PADI and The Reef-World Foundation embark on a global venture to make sustainable diving the social norm. The Reef-World Foundation. https://reef-world.org/blog/2018/11/23/press-release-padi-and-the-reef-world-foundation-embark-on-a-global-venture-to-make-sustainable-diving-the-social-norm

[25] Eigaard, O., Bastardie, F., Hintzen, N., Buhl-Mortensen, L., Buhl-Mortensen, P., Catarino, R., Dinesen, G., Egekvist, J., Fock, H., Geitner, K., Gerritsen, H., González, M., Jonsson, P., Kavadas, S., Laffargue, P., Lundy, M., Gonzalez-Mirelis, G., Nielsen, J., Papadopoulou, N., Posen, P., Pulcinella, J., Russo, T., Sala, A., Silva, C., Smith, C., Vanelslander, B., & Rijnsdorp, A. (2017). The footprint of bottom trawling in European waters: distribution, intensity, and seabed integrity. ICES Journal of Marine Science, 74(3), 847–865. https://doi.org/10.1093/icesjms/fsw194; Southampton Marine and Maritime Institute. (2023, July 6).  Southampton’s geospatial research informing seagrass conservation spotlighted in UK Geospatial Strategy 2030. University of Southampton. https://www.southampton.ac.uk/smmi/news/2023/07/06-geospatial-research-informing-seagrass-conservation.page

Ocean Governance and Climate Change in the Bay of Bengal: Insights from Bangladesh

 

Md. Mostafijur Rahman

The ocean is a singular repository of resources and different elements with almost endless possibilities. More than ever, nations rely on these energy resources due to the current rapid industrialization, economic expansion, and widespread use of technology. The ocean plays a vital role in regulating global temperatures, absorbing CO2, supplying oxygen, and serving as a major source of renewable energy (1) and natural resources. For these reasons, there is an obvious connection between climate change and the ocean. In order to effectively control climate change, we thus also need ocean governance. Fortunately, the Sustainable Development Goal (SDG) 14—"Conserve and sustainably use the oceans, seas, and marine resources for sustainable development"—makes specific mention of oceans.

The Bay of Bengal, spanning 2.17 million square kilometres, (2) is now at the center of the region’s attention when considering climate change. Given that Bangladesh is located at the center of the Bay of Bengal, several concerns make it crucial to be at the center of the country’s efforts to tackle environmental issues. The victory over the Bay of Bengal's maritime region created the hitherto unheard-of potential for Bangladesh's blue economy. 111000 sq km in dispute with Myanmar and 19,467 sq km in dispute with India were given to Bangladesh. Bangladesh's biosphere, social progress, and human welfare depend on the Bay of Bengal, which is a vital component of the nation's life support system. In light of the potential for rich resources to be hidden just beneath the established vicinity, the Bay of Bengal has, therefore, opened up new opportunities for Bangladesh.

Bangladesh's ability to sustainably manage the ocean is essential for addressing climate change, preserving biodiversity, ensuring food security, building coastal resilience, providing access to renewable energy sources, managing natural resources, and maintaining human health. Indeed, the Summit UAE of 2023 was a crucial forum for promoting ideas and carrying out policy assessments for achieving a sustainable climate future. COP 28 was especially significant since it concluded the first "global stocktake" of the global climate change response under the Paris Agreement. Bangladesh has high expectations from COP-28 as it needs to address the effects of climate change immediately and ensure a sustainable future.

As a result, by pressing developed nations to contribute more money to the fund, operationalizing the Loss and Damage mechanism, supporting evidence-based treatments, sustainable farming methods, and an international climate insurance program, and pushing for increased climate finance delivery and stronger NDCs or contributions to the Paris Agreement, Bangladesh is proactively addressing these issues. As per the decisions made at COP28, Bangladesh is anticipated to keep working toward stronger climate fund delivery, stricter emission reduction targets, a stronger emphasis on the development of climate-resilient infrastructure, and more regional collaboration on climate-related issues. (3)

 

On the strategic front, Bangladesh is a natural link between South and Southeast Asia because of its geographic location. Given its ability to promote further integration between Northeast and Central India, Bangladesh is also an essential geopolitical ally of India. At the same time, China considers Bangladesh a potential strategic partner to collaborate on its "Maritime Silk Road" project and the "String of Pearls" strategy due to its distinct topography. (4a, 4b) The likelihood of deeper connections with Bangladesh is something that China's Western adversaries, including India, are well aware of. This potential has also transformed Bangladesh's standing from decades of geopolitical insignificance to a major factor in determining the course of Asia. In order to preserve its geopolitical significance, Bangladesh must perform a delicate diplomatic balancing act. Two important parties, China and the Quad nations (Australia, Japan, the US, India, and Australia), must maintain positive and balanced bilateral relations. (5) Further, the ongoing fighting between the Myanmar Army and rebel groups in Rakhine state and other areas will have an impact on the security of Bangladeshi territory and the Bay of Bengal, according to a seminar titled "Existing crisis in Myanmar and its impact in the neighbouring regions" that was organized by the Center for Peace Studies (CPS) of North South University's South Asian Institute of Policy and Governance (SIPG). (6)

 

Despite all of the Bay of Bengal's advantages, it is endangered. The concept of climate security holds significance for policy planners in the Bay of Bengal region for multiple reasons. It is, first and foremost, extremely climate-vulnerable. Secondly, a fourth of the world's population lives along the shoreline, making it a densely populated zone. Thirdly, the region's share of the world economy is close to 4.7%. Fourthly, the Malacca Strait is a vital marine chokepoint. The world's busiest commercial passage, the Strait of Malacca, links the South China Sea with the Burma Sea en route to the Bay of Bengal, making it a strategically important location. (7) Cross-border militancy in the triangle formed by Bangladesh, India, and Myanmar is the most significant non-traditional security threat. Migration is the subject of another significant security concern; for example, almost one million Rohingyas escaped to Bangladesh in 2017. (8) Fifthly, there are several security risks associated with the Bay of Bengal, (9) including illegal, unreported, and unregulated (IUU) fishing, (10) human, weapon, and drug trafficking. Many non-state actors have the potential to launch a terrorist attack against the Bay of Bengal region. (11) Finally, the populace living along the coast is being impacted by the already-occurring rise in sea levels and temperatures.

To combat both conventional and non-traditional threats, all the states in the Bay of Bengal have also realized how important it is to maintain maritime security. It is not just about preserving the Bay of Bengal when it comes to combating climate change.  It is also about protecting the environment and the nation from issues like unemployment, poverty, and health risks; it is about preventing essential infrastructure from being negatively impacted by climate change; it is about preventing problems with people's safety, security, and means of subsistence; and it's about keeping the country green.

This is due to the fact that climate change has a wide range of repercussions, such as floods and wildfires, new diseases, draughts, and food shortages, as well as animal extinction and entire people leaving their homes in pursuit of more hospitable environments. Moreover, over 33% of world trade passes through this region. The Bay of Bengal is one of the 64 major maritime ecosystems because of its enormous forests, rivers, coral reefs, estuaries, deltas, and a variety of fish and animal species. If the Bay of Bengal is under stress, particularly due to climate change, the future of coastal people will be jeopardized, and the foundation of a sustainable blue economy will be at risk.

In order to maintain a 1.5-degree trajectory and to strengthen food security, energy capacity, and local livelihoods through enhanced climate action, COP-28 recently offered to implement solutions for stakeholders identified under the ocean breakthroughs. These solutions can contribute up to 18% of the emission reductions needed in 2030 and up to 35% in 2050. (12) When prepared, this chance will help the Bay of Bengal's ocean governance.

Why is ocean governance critical to addressing climate change? Is it truly our knowledge of what occurs in the world? These questions must be addressed before there is a rush to use marine resources. The blue economy requires these answers to have legal clarity prior to making fresh investments in the Bay of Bengal. As a result, an assessment of Bangladesh's current ocean governance framework is essential.  

Ocean governance refers to the management of ocean affairs by local communities, businesses, and other stakeholders in addition to governments. It encompasses public and private law, international and national law, custom, tradition, and culture, as well as the organizations and procedures that result from them. (13)  Policymakers and scholars need to create a new section on this for the national policy of the respective countries in the Bay of Bengal to reach the global achievement of both the SDG and climate change targets by 2030.  It is evident how climate change affects the Bay of Bengal. The common goal of the region is to determine the optimal Ocean Governance regulations that support the Bay’s preservation and protection. 

Md. Mostafijur Rahman is a law graduate of the University of Rajshahi, Bangladesh. He is currently a PhD Researcher at the Bangladesh University of Professionals (BUP). He may be reached at mrlawru2001@gmail.com. 

Notes:

(1) Vella, K. (2015, November 30). Blog: Climate Change and Ocean Governance. EU Monitor. https://www.eumonitor.nl/9353000/1/j9tvgajcovz8izf_j9vvik7m1c3gyxp/vjzhnmtl1bz1?ctx=vjn4dhshj9zp&start_tab0=130

(2) Karim, T. (2023, May 11). The Bay of Bengal and Bangladesh in the Indo-Pacific region, The Daily Star, https://www.thedailystar.net/opinion/news/the-bay-bengal-and-bangladesh-the-indo-pacific-region-3316926  

(3) What Has Bangladesh Gained from COP 28? - The Confluence, https://theconfluence.blog/what-has-bangladesh-gained-from-cop-28

(4a) Rahman, Z. (2021). Bangladesh’s geopolitical position provides for unique opportunities, the Daily Star, https://www.thedailystar.net/views/opinion/news/bangladeshs-geopolitical-position-provides-unique-opportunities-2221461

(4b) Islam, M. Bangladesh, Bay of Bengal, And China’s Belt and Road Initiative, China and the Ports of the Indian Ocean, edited by Richard T. Griffiths, International Institute for Asian Studies, 2022, p. 221

(5) Belt and Road Initiative: Perspective from Bangladesh, Aug 7, 2019, The Daily Star, https://www.thedailystar.net/round-tables/news/belt-and-road-initiative-perspective-bangladesh-1782928

(6) NSU holds a colloquium titled 'The Current Crisis of Myanmar and Its Impact on Neighboring Region' retrieved from https://www.tbsnews.net/economy/corporates/nsu-holds-colloquium-titled-current-crisis-myanmar-and-its-impact-neighbouring

(7) Puigrefagut, A. (n.d.) China and India fight for the gates of the Strait of Malacca, GLOBAL AFFAIRS, https://www.unav.edu/web/global-affairs/detalle/-/blogs/china-and-india-fight-for-the-gates-of-the-strait-of-malacca  

(8) International Crisis Group. (2022, January 12). Myanmar’s Coup Shakes up Its Ethnic Conflicts. Asia Report N°319. https://progressivevoicemyanmar.org/wp-content/uploads/2022/01/2022-01-12-ICG-319-myanmar-coup-ethnic-conflicts-en-red.pdf

(9) Singh, A. J. (2022, May 02). Building a Resilient Maritime Security Architecture in BIMSTEC. New Delhi: India Foundation. https://indiafoundation.in/articles-and-commentaries/building-a-resilient-maritime-security-architecture-in-bimstec

(10) Wagner, C. (2023). Searching common security in the Bay of Bengal. Australian Journal of Maritime & Ocean Affairs, DOI: 10.1080/18366503.2023.2270313

(11) World Oil Transit Chokepoints. (2017, July 25). US Energy Information Administration. https://www.eia.gov/beta/international/regions-topics.cfm?RegionTopicID=WOTC  

(12) Rodriguez, K. (2023, December 9). A breakthrough for oceans: Scaling Nature-based solutions for ocean-based climate policy at COP28 https://climatechampions.unfccc.int/a-breakthrough-for-oceans-scaling-nature-based-solutions-for-ocean-based-climate-policy-at-cop28

(13) Borgese, E.M., (2001). Ocean governance. Halifax: International Ocean Institute. p. 10

Exploring the Role of Regional Cooperation Frameworks in Advancing Women's Participation in the Bay of Bengal's Blue Economy

 

Nishara Mendis

In the coming decades, two critical areas which require progress in the Bay of Bengal region are women’s socio-economic rights and the sustainable development of ocean resources. It is not often that the interconnections between these two areas are recognized. Yet, being one half of humankind, women are also 50% of (mostly untapped) potential for contribution towards sustainable development in the region. There have been various economic estimates that gender parity would boost economic growth and that the Blue Economy would provide new opportunities in established sectors, such as fisheries and aquaculture, and create exciting new sectors, including R&D, oceanography, renewable energy, stock assessment of marine resources, and marine biotechnology. The Blue Economy has been defined as a “sustainable ocean economy”(1) and as requiring the promotion of “smart, sustainable and inclusive growth and employment opportunities within the Indian Ocean region’s maritime economic activities.”(2)

The existing regional intergovernmental arrangements among States bordering the Bay of Bengal could be suitable forums for developing policy and action plans on the role of ‘Women in the Blue Economy.’ This would be in line with States’ responsibilities to implement the Sustainable Development Goals, particularly SDG14 (to conserve and sustainably use the oceans, seas, and marine resources for sustainable development) and SDG16 (to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective accountable and inclusive institutions at all levels).

Identified among the list of the top 20 ‘fisheries sensitive’ States in the world are the South Asian States of India, Bangladesh, and Sri Lanka.(3) ‘Fisheries sensitive’ for the purposes of the Food and Agriculture Organization (FAO) refers to both nutritional and economic dependency.(4) According to the FAO global statistics, 90% of the fisheries sector employment is small-scale fisheries, 84% of all fishers and fish farmers were in Asia, and 21% of fisheries and aquaculture workers are women.(5) Small-scale fisheries support millions of families but are under threat from stock depletion due to industrial fishing fleets, large-scale aquaculture, environmental degradation and coastal development, which threatens fishery livelihoods and mega-development projects, including port expansion or mining. The 2015 FAO Voluntary Guidelines for Small-scale Fisheries in the Context of Food Security and Poverty Alleviation (SSF Guidelines) take a human rights and gender equity approach to protect small-scale fishers. The SSF guidelines also include commitments that should be undertaken to increase women’s participation.

At the margins of society in most States are the people in the fisheries sector, and within that group too, women are generally unseen. Women’s labour in fisheries is insufficiently documented and unequally remunerated. In the discussions of livelihood and poverty alleviation for those employed in the fisheries sector, there remains insufficient participation and voices of the marginalized workers, particularly women.(6) Furthermore, gender stereotypes continue to be strong and, therefore, could limit access to economic independence for women in some patriarchal communities. When it comes to women’s economic empowerment, the lack of relevant education, capacity-building and training for participation has already been recognized (for example, in the IORA Action Plan 2017-2021). However, the barriers to developing this capacity clearly include the continued cultural enforcement of stereotypical gender roles, which prevent participation, as well as underlying discriminatory practices in employment or business financing contexts, as well as the lack of general safety and security for women. UNWomen in 2020 released a baseline report on the challenges for women’s participation in traditional and industrial fisheries, and aquaculture in Indian Ocean Rim Association (IORA) countries.(7) This report emphasized the need for a foundation of general gender equality measures and comprehensive gender-based reforms of labour law and policy for progress in this area.

The areas of marine technology, business and investment, especially the potential for developing seaports, shipping, and seabed exploration, are all considered male-dominated fields. In 2021, the World Maritime University launched a research and capacity-building programme named “Empowering Women for the UN Decade of Ocean Science for Sustainable Development”(8) to promote gender equality and leadership in both ocean science and governance systems related to the implementation of ocean sciences. Women rarely hold positions of management and authority in these sectors. More detailed data gathering and analysis on the role of women in these ‘high technology’ fields is needed for targeted policy development, but an outline of the issue is already apparent in recent reports and studies.

States in the region have ratified and are in the process of implementing various international standards on gender equality with varied degrees of success. Can regional bodies guide the progress towards a gender-inclusive Blue Economy? Currently, the relevant intergovernmental cooperative frameworks are: 

1. South Asian Association for Regional Co-operation (SAARC) 
2. The Indian Ocean Rim Association (IORA)
3. The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC)
4. The South Asia Seas Programme led by the South Asia Cooperative Environment Programme (SACEP). 
5. Bay of Bengal Large Marine Ecosystem (BOBLME) Strategic Action Plan (SAP)

SAARC includes India, Pakistan, Bangladesh, Sri Lanka, the Maldives, Bhutan, Nepal, and Afghanistan. While SAARC identified the environment and development as topics for regional cooperation and there are collective declarations of policy positions, it has not been providing sufficient action in this area. In the Kathmandu Declaration of 2014, SAARC countries reaffirmed the Sustainable Development Goals (SDGs) and the need for partnership for the Blue Economy. Bangladesh has taken the initiative to incorporate this position into domestic law through Section 7F of the Territorial Waters and Maritime Zones (Amendment) Act, 2021.

IORA is a regional organization of 22 member Asian and African states that border the Indian Ocean (excluding Pakistan) and nine dialogue partners (China, France, Japan, the USA, Germany, the UK, Egypt, Turkey, and South Korea). IORA affirmed in 2017 through the ‘Jakarta Declaration on the Blue Economy’ that the Blue Economy should be in accordance with both the United Nations Convention on the Law of the Sea (UNCLOS) and SDG14.(9) Previously, in its 2015 Mauritius Declaration on Blue Economy, IORA recognized the need for improved governance structures for implementation,(10) and this can be identified as a vital part of successful implementation.(11)

BIMSTEC includes Bangladesh, India, Sri Lanka, Myanmar and Thailand, as well as Nepal and Bhutan. The Blue Economy is a priority topic for BIMSTEC countries, as recognized at the 19th BIMSTEC Ministerial Meeting held on 9 March 2023.

SACEP consists of the five South Asian States with coastlines, as well as the landlocked States of Afghanistan, Bhutan, and Nepal. SACEP objectives include the protection, management and enhancement of the environment and it is also the Secretariat for implementing the South Asian Seas Program (SASP). One of the SASP action areas is ‘Human Resources Development through Strengthening Regional Centres of Excellence.’(12) There is an opportunity here to support women’s participation and leadership roles and a gender policy.

The Maldives, India, Sri Lanka, Bangladesh, Myanmar, Thailand, Indonesia, and Malaysia are the partners in the Bay of Bengal Large Marine Ecosystem (BOBLME) Strategic Action Plan (SAP 2014) carried out with the UN Food and Agriculture Organization (FAO). This SAP is significant for having included a gender audit and initiating gender mainstreaming strategies,(13)  something that should be followed by the other regional cooperation frameworks as well.

The abovementioned intergovernmental bodies and cooperative arrangements are only basic foundations with slow developments when it comes to concrete actions. Yet, the clarity of priorities and the effective use of these forums could result in domestic governmental laws and policies and thus propel progressive change for greater gender equality and participation. The discussions by government officials, policy plans and funded programmes on the Blue Economy must integrate gender into their work and strategize accordingly. An inclusive Blue Economy model must generate wealth for women as individuals so they can contribute towards the economic well-being of their families and/or communities. Professionals currently engaging with Blue Economy themes in the regional context should also be aware of the mostly unseen women and their potential and include these perspectives in their research and work. Encouraging young women’s education and promoting careers in the Blue Economy should be implemented from now onwards.

Friendly diplomatic relations and the development of common positions for law and policy have encouraged the countries of the Bay of Bengal region to strive together for common goals. There is clear potential for countries in the region to develop more robust intergovernmental cooperation for sustainable development and gain the potential benefits of the ‘Blue Economy’ for all.

Dr. Nishara Mendis, LLB (Hons. Colombo), LLM (Yale), PhD (Maastricht), is an independent researcher and consultant in international law and an Attorney-at-Law in Sri Lanka. She was formerly a Senior Lecturer at the Department of Public and International Law, Faculty of Law, University of Colombo, Sri Lanka, where she taught international law topics, including Law of the Sea. 

[This article achieved the third position in the 2023 Law of the Sea Blog Competition, hosted by BCOLP in memory of Professor M. Habibur Rahman (1946 – 2022).]

Notes:

(1) Attri, V.N., Bohler-Mulleris, Narnia Eds., (2018), “The Blue Economy Handbook of the Indian Ocean Region”, Africa Institute of South Africa.

(2) IORA, Blue Economy, < https://www.iora.int/en/priorities-focus-areas/blue-economy >. See also World Bank Group (2016) “Oceans 2030: Financing the Blue Economy for Sustainable Development; Williams, Mariama (2023) “Financing the Blue Economy: Impacts and Implications for Gender Equality and Women’s Empowerment in the global South”, DAWN.

(3) FAO (2022). The State of World Fisheries and Aquaculture: Towards Blue Transformation; FAO (2020) The State of World Fisheries and Aquaculture: Sustainability in Action.

(4) FAO (2020) The State of World Fisheries and Aquaculture: Sustainability in Action.

(5) FAO (2022). The State of World Fisheries and Aquaculture: Towards Blue Transformation; FAO (2020) The State of World Fisheries and Aquaculture: Sustainability in Action.

(6) Galappaththi, M., Armitage, D., & Collins, A. M. (2022) “Women’s experiences in influencing and shaping small-scale fisheries governance. Fish and Fisheries, 00, 1– 22. https://doi.org/10.1111/faf.12672.

(7) UNWomen (2020), “Women’s Economic Empowerment in Fisheries in the Blue Economy of the Indian Ocean Rim: A Baseline Report”. 

(8) https://oceandecade.org/actions/empowering-women-for-the-united-nations-decade-of-ocean-science-for-sustainable-development/.

(9) IORA, Blue Economy, < https://www.iora.int/en/priorities-focus-areas/blue-economy >; IORA Action Plan 2017 - 2021 on Blue Economy and Women’s Economic Empowerment.

(10) The IORA Jakarta Declaration on the Blue Economy (2017) <https://www.iora.int/media/8218/jakarta-declaration-on-blue-economy-final.pdf>.

(11) Doyle, Timothy (2018), “Blue Economy and the Indian Ocean Rim,” Journal of the Indian Ocean Region, Volume 14, 1-6.

(12) SACEP, South Asia Co-operative Environment Programme, (2021) <http://www.sacep.org/about-us>.

(13) FAO-BOBLME, 2015, Mainstreaming Gender in Large Marine Ecosystems, available online at https://www.boblme.org/documentRepository/BOBLME-2015-Brochure-06.pdf.