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Thursday, October 22, 2009
Point Counterpoint

Foreign policy, diplomacy and national consensus

United we stand. Photo: Chad Baker

THE foreign policy of a country is geared towards protection and promotion of vital national interests through negotiations and diplomacy. Outbreak of conflict or war is, therefore, called the vanishing point of diplomacy.

For negotiation and diplomacy to succeed there is need, among others, for a degree of consensus involving the government, the opposition and the civil society on the critical issues of foreign policy; a bipartisan foreign policy which has the approval of the parliament. Unless one is able to present a united front to the outside world on critical issues vitally affecting the nation despite political differences, which are natural in a democratic polity, one cannot be in a position to negotiate with strength. This has to be backed by a credible professional defence force, a strong economy and democratic good governance -- to cite a few of the elements.

In Bangladesh we were looking forward to new era of democratic good governance, free from the confrontational politics of the past, including an effective parliament with active participation of the opposition based on lessons learnt from 1/11 and the failures of the democratic political process since independence. Unfortunately, we continue to be a divided and polarised nation along party lines, with hardly any consensus on vital issues of foreign and domestic policies. This has seriously affected our negotiating capacity with the foreign countries.

This growing divide has to be reversed without delay by achieving a modicum of consensus on vital national issues between the government and the opposition. I would, therefore, suggest that the prime minister and the leader of the opposition should meet and come to an understanding on all critical issues, including paving the way for return of the opposition to the parliament. This should be followed by a constructive foreign policy debate in the parliament with a view to achieving a bipartisan foreign policy for Bangladesh -- something which has eluded us since independence. This will empower the government to negotiate with foreign countries.

However, our hope for achieving the consensus has received a serious setback with the widening public rift between the government and the opposition over the refusal of the leader of the opposition to participate in the anti-poverty rally and the prime minister's unexpectedly strong reaction. This has complicated the existing strained relationship between the government and the opposition, and with it the prospect of national unity and consensus on vital issues including issues of foreign policy. Notwithstanding this, we need to persist with our efforts to heal the rift for the sake of preserving and strengthening our democracy and independence.

Reverting to the issue of our foreign policy and diplomacy I will first touch on the burning issue of the maritime boundary with India and Myanmar. On this issue, I am sure that our policy makers have weighed carefully all the implications before deciding to take the dispute to the International Tribunal for a verdict. I am not an international lawyer, and as a diplomat I would prefer to give negotiations preference over a legalistic approach.

Even without getting into the merit or demerit of the decision to take the matter to the Arbitration Tribunal, I feel that we should have first lodged our claim with the UN on our maritime boundary. For us it is vital to file our claims, particularly to 200 nautical miles of Exclusive Economic Zone in accordance with the UN Convention on the Law of Sea (UNCLOS). We need not wait until July 27, 2011 to do so as India and Myanmar have already filed their claims. Our case involving delimitation of boundaries and energy exploration would be strengthened.

The dispute with India and Myanmar as to whether the principle of equity as claimed by Bangladesh or principle of equidistance as demanded by India and Myanmar should be followed for demarcation of the maritime boundary is something which will have to be settled after we have filed our claim with the UN. Otherwise, it would be like putting the cart before the horse. Moreover, arbitration could take anywhere between 4 to 5 years and the outcome cannot be guaranteed. Arbitration may uphold our claim fully or even partially; then comes the vexing question of enforcement of the decision. If India or Myanmar, or both, drag their feet on the implementation of the Tribunal's decision a more serious challenge to Bangladesh's diplomacy will be posed as international law has no enforcing authority.

We have a number of outstanding problems to be solved with both Indian and Myanmar, though the issues with India are longstanding and of critical nature. They include Tipaimukh, the maritime boundary, border incidents, transit, trade imbalance and a number of other issues. There is escalation of tension with Myanmar, with not only the dispute over the maritime boundary but also border demarcations, construction of barbed fence and the longstanding Rohingya problem. I believe that bilateral negotiations with a comprehensive and interrelated approach offer the best option for resolving the outstanding problems with both India and Myanmar -- and the time to act is now.

Bangladesh diplomacy should be geared to take full advantage of the opportunity which will be opened to us during the forthcoming visit of Bangladesh Prime Minister Sheikh Hasina to India. One may expect that all crucial and thorny unresolved issues will be discussed at the highest political level between the two countries to find mutually acceptable solutions if there is sincere political will, which has been the vital missing element so far. There should be no dearth of political will to resolve the outstanding issues this time given the excellent personal rapport between Prime Minister Sheikh Hasina and the Indian leadership, including Prime Minister Manmohan Singh and Sonia Gandi. The dispute over maritime boundary should be taken up for resolution along with all other bilateral issues. An outcome based on mutuality of interests and a win-win situation for both parties would pave the way for opening a new chapter of friendly relationship between the two countries.

If there is meaningful breakthrough with Delhi, it will have a positive impact on our bilateral relations with Myanmar. I would suggest that this should be followed by visit of Prime Minister Sheikh Hasina to China and Myanmar.

Negotiation and diplomacy would seem to be in our best national interest; let us give this a chance to succeed, provided we are united and clear in what we want to achieve through negotiation and diplomacy. "Let us never negotiate out of fear. But let us never fear to negotiate." In the ultimate analysis history and experience have demonstrated that there is no durable military solution to any conflict, be it for the big or a relatively smaller country.

S.M. Rashed Ahmed Chowdhury is former UN Envoy to Kosovo and Bangladesh Ambassador to Japan.

E-mail: rashed ahmed200@yahoo.com

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