Photo Credit: Amanda Dillon from Drazen et al. 2020, doi.org/10.1073/pnas.2011914117
Written by Shushmita Ahmed, LLM, and edited by Sabrina Hasan, PhD
Deep seabed mining (DSM) is a contentious issue, with concerns about the environmental impacts of such activities on marine ecosystems (1). Therefore, any decision to engage in DSM must be made after careful consideration of the probable risks and benefits, taking into account the potential environmental impact and interests of all stakeholders, including local communities and fishers. The Bay of Bengal has been identified as a promising area for DSM due to its mineral-rich deposits (2). Several countries, including the US, Russia, the UK, Japan, and Australia, and rising powers like China and India, have shown interest in exploring the potential for DSM in the Bay of Bengal (3). In addition, studies have been conducted regarding the prospects of seabed mining in the Bay, located off the coast of Bangladesh, India, Myanmar, and Sri Lanka (4). Furthermore, Bangladesh has been in discussions with various countries, including China, Japan, and India, about possible collaboration on exploring and exploiting the mineral resources in the Bay (5).
Exploration and exploitation of seabed minerals can accelerate a country’s economic development. For this, a robust legal framework is required to deal with seabed resources in an efficient and environmentally friendly manner. The overall contribution of the mining sector to Bangladesh’s GDP is only 1.2%, which can be improved by exploiting seabed minerals (6). To do so, Bangladesh must adopt new laws, regulations, and administrative measures following international standards and guidelines on DSM (7). Several attempts have been made to adopt a mineral policy in Bangladesh since 2005; however, none were successful (8). The Constitution of Bangladesh vests the ownership of all minerals in the State (9). The first mineral legislation in Bangladesh is the Mines Act of 1923 (10). The Mines and Mineral Resources (Control and Development) Act 1992 incorporates the rules on licensing for mineral exploration. Later, in 2012, the Mining and Mineral Rules were introduced (11). The existing legal framework deals with the manner, conditions, and form in which prospecting licenses and mining leases are granted. In this connection, it is worth noting that a Singapore-based Australian company received two licences for exploration in the Teknaf area in 2007, but mining approval has not been granted yet (12). This is an example of the slow pace of DSM activity in Bangladesh.
Recently, the Government of Bangladesh has amended its Territorial Waters and Maritime Zones Act 1974 by enacting new legislation, Territorial Waters and Maritime Zones (Amendment) Act 2021. Sections 7, 7A, and 7B of the law specifically address the Continental Shelf of Bangladesh and its rights and jurisdiction in the Continental Shelf (13). Section 7B provides a bar on conducting research, excavation, exploration, and exploitation of natural resources in the Continental Shelf without the Government’s approval. Provisions on the ‘Area,’ i.e., continental shelf beyond national jurisdiction, and its resources are mentioned in section 7D. It says that the Area in the Bay of Bengal shall be determined in a manner prescribed by the Commission on the Limits of the Continental Shelf (CLCS) of the United Nations, and the Government may, by notification in the official Gazette, specify its limit (14). Moreover, it also mentions that the Government might make rules concerning activities in the Area, exploration and exploitation methods, and Bangladesh’s participation in the activities of the International Seabed Authority (ISA) (15). This Act also provides for the punishment of pollution in seabed activities in the Area (16). However, the law has not included managing adverse impacts on the marine environment caused by seabed mining activities and provisions on environmental impact assessment.
Bangladesh ratified the United Nations Convention on the Law of the Sea (UNCLOS) (17), which stipulates the legal framework for exploring and exploiting deep seabed minerals beyond national jurisdiction. Therefore, any DSM activity in the Bay of Bengal must comply with UNCLOS’s provisions and the guidelines and regulations established by ISA. In June 2020, Bangladesh expressed its interest in exploring and exploiting offshore mineral resources during the ‘Ambassadorial Briefing on Equitable sharing of benefits from the sustainable development of seabed resources: Opportunities for LDCs, LLDCs, and SIDS’ and Bangladesh emphasized cooperation with ISA in achieving its blue economy targets (18). In her deliberation, H.E. Ambassador Rabab Fatima stated that Bangladesh is stressing exploring and exploiting the full potential of ocean resources. She also mentioned that as a developing country, Bangladesh needs support for capacity building and knowledge transfer through technology, training, and research (19).
Furthermore, she highlighted the importance of investment in developing countries to explore ocean resources for their development, and she indicated Bangladesh’s commitment to cooperating with ISA in the near future (20). In recent times, the relationship between Bangladesh and ISA has been accelerated. On 16 March 2023, H.E. Ambassador Muhammad Abdul Muhith presented his credentials to the Secretary-General of ISA as the Permanent Representative of the People’s Republic of Bangladesh to ISA (21). At the ceremony, the Ambassador mentioned that Bangladesh deeply values the works of ISA to protect the deep seabed for the benefit of humankind. The Secretary-General of ISA indicated that all sorts of cooperation from his side can be offered under UNCLOS and the 1994 Agreement (22).
Meanwhile, India has started researching DSM operations in the Indian Ocean. India has established the National Institute of Ocean Technology (NIOT) to study and develop DSM technologies. NIOT signed a contract with ISA to explore a site in the Central Indian Ocean Basin for polymetallic nodules (23). Bangladesh should also try to achieve its blue economy targets, focusing on DSM. The Geological Survey of Bangladesh (GSB), part of the Energy and Mineral Resources Division of the Ministry of Power, Energy and Mineral Resources, is entrusted with the exploration part of the mineral activity (24). It is a geo-scientific research-based organization that conducts research on mineral exploration. The Government of Bangladesh submitted a proposal on 9 December 2014 on behalf of GSB to ISA for Deep Sea Survey intending to exploit mineral resources, especially Polymetallic Nodules, from the deep seabed in areas beyond national jurisdiction (25).
It is important to note that DSM is a relatively new and controversial industry, and the long-term environmental impacts of such activities are still largely unknown. Therefore, any decision to engage in DSM in Bangladesh aand the Bay of Bengal must be made based on the principle of precaution after carefully balancing the potential risks and benefits.
Shushmita Ahmed, LLM, is Senior Assistant Judge at Bangladesh Judicial Service. She completed her LLB (Hons) and LLM from the University of Chittagong, Bangladesh and received a Master of Environmental Law degree from the University of Melbourne.
Recommended Citation: Shushmita Ahmed, ‘Deep Seabed Mining (DSM) in Bangladesh and the Bay of Bengal: Challenges and Opportunities’ BCOLP Blog, April 2023.
Notes:
1. CL Van Dover et al., ‘Biodiversity Loss from Deep-Sea Mining’ (2017) 10(7) Nature Geoscience 464.
2. M Khaled Iqbal, ‘Ocean Governance for Sustainable Maritime Development in the Bay of Bengal’ (2020) 4(1) Bangladesh Maritime Journal 13, 16.
3. Humayun Kabir Bhuiyan, ‘Bangladesh Needs Necessary Policies to Benefit from Bay of Bengal,’ Dhaka Tribune (online, 28 February 2022) <https://www.dhakatribune.com/bangladesh/2022/02/28/bangladesh-needs-necessary-policies-to-benefit-from-bay-of-bengal>.
4. M Khaled Iqbal, ‘Ocean Governance for Sustainable Maritime Development in the Bay of Bengal’ (2020) 4(1) Bangladesh Maritime Journal 13, 14.
5. ‘Bangladesh in Talks with China, Japan for Deep-Sea Mining Rights,’ Dhaka Tribune (4 November 2018).
6. SI Ahmed, ‘Exploration and Exploitation of Maritime Resources of Bangladesh: Implication for National Development’ (2014) 13(1) NDC E-JOURNAL 55, 66 (‘EXPLORATION AND EXPLOITATION OF MARITIME RESOURCES OF BANGLADESH’).
7. Bhuiyan (n 2).
8. Abdullah Al Faruque, ‘Bangladesh: Legal Framework on Mineral Exploration’ in Gรผnter Tiess, Tapan Majumder and Peter Cameron (eds), Encyclopedia of Mineral and Energy Policy (Springer, 2018) 1, 2 <https://doi.org/10.1007/978-3-642-40871-7_151-1> (‘Bangladesh’).
9. The Constitution of People’s Republic of Bangladesh 1972, art 143.
10. Al Faruque (n 8) 2.
11. Ibid 4.
12. Ahmed (n 6) 68.
13. Territorial Waters and Maritime Zones Act (as amended in 2021) s7, 7A, 7B.
14. Ibid 7D.
15. Ibid.
16. Ibid 23(b).
17. The United Nations Convention on the Law of the Sea, 1833 UNTS 3, (Entered into Force 16 November 1994). 1982 (‘UNCLOS’).
18. ‘Bangladesh Seeks Cooperation of International Seabed Authority in Realizing Its “Blue Economy” Objectives,’ Permanent Mission of the People’s Republic of Bangladesh to the United Nations (25 June 2020) <https://bdun.org/2020/06/25/bangladesh-seeks-cooperation-of-international-seabed-authority-in-realizing-its-blue-economy-objectives/>.
19. Ibid.
20. Ibid.
21. ‘The Permanent Representative of the People’s Republic of Bangladesh Presents Credentials to the ISA Secretary-General – International Seabed Authority,’ International Seabed Authority (ISA) (16 March 2023) <https://www.isa.org.jm/news/the-permanent-representative-of-the-peoples-republic-of-bangladesh-presents-credentials-to-the-isa-secretary-general/>.
22. Ibid.
23. MA Atmanand and GA Ramadass, ‘Concepts of Deep-Sea Mining Technologies’ in Rahul Sharma (ed), Deep-Sea Mining: Resource Potential, Technical and Environmental Considerations (Springer International Publishing, 2017) 305, 305 <https://doi.org/10.1007/978-3-319-52557-0_10>.
24. Al Faruque (n 8) 4.
25. ‘Geological Survey of Bangladesh (GSB) – International Seabed Authority,’ International Seabed Authority (ISA) (9 December 2014) <https://www.isa.org.jm/stakeholder_response/geological-survey-of-bangladesh-gsb/>.
